Breaking News:Dangerous Delays: What Washington State (Re)Teaches Us About Cash and Cannabis Store Robberies [REPORT]

Asset Forfeiture

RSS Feed for this category

DEA Proposes Mobile Methadone Programs, Honduran President Took Drug Bribes, More...(3/5/20)

The DEA proposes allowing mobile methadone treatment programs, US prosecutors say the Honduran president took bribes from drug traffickers, Major League Baseball loosens up on marijuana use by players, and more.

Major League Baseball is loosening up on players' marijuana use. (Scott Slade/Creative Commons)
Marijuana Policy

Major League Baseball to Allow Players' Marijuana Use. Major League Baseball has liberalized its stance on marijuana use by players. Under a memo released last month, players can now consume marijuana without risk of discipline, although they can't come to work under the influence and they can't enter into commercial agreements with marijuana companies. The league removed marijuana from its list of controlled substances last year.

Asset Forfeiture

Georgia Bill Would End Civil Asset Forfeiture. A bipartisan group of lawmakers have filed House Bill 1086, which would end civil asset forfeiture in the state. It has been sent to the House Judiciary Committee. The bill amends state law to require that criminal proceedings be concluded before any civil forfeiture proceedings could take place, unless the property owner or interest holder waives the right to wait for criminal proceedings to conclude. The bill would also prohibit civil forfeiture proceedings from moving forward in the event of a dismissal or acquittal of criminal charges. Current law allows civil forfeiture proceedings even if a person is acquitting of a crime or charges are dismissed. 

Drug Treatment

DEA Proposes Allowing Mobile Methadone Programs. The DEA has filed a notice in the Federal Register that it is considering a proposed rule that would "revise the existing regulations for narcotic treatment programs (NTPs) to allow a mobile component associated with the registered program to be considered a coincident activity. The NTP registrants that operate or wish to operate mobile components (in the state that the registrant is registered in) to dispense narcotic drugs in schedules II-V at a remote location for the purpose of maintenance or detoxification treatment would not be required to obtain a separate registration for a mobile component. This proposed rule would waive the requirement of a separate registration at each principal place of business or professional practice where controlled substances are dispensed for those NTPs with mobile components that fully comply with the requirements of the proposed rule, once finalized. These revisions to the regulations are intended to make maintenance or detoxification treatments more widely available, while ensuring that safeguards are in place to reduce the likelihood of diversion." There are still 53 days to comment on the rule, which can be done at the link above.

Harm Reduction

Arizona House OKs Bill Legalizing Needle Exchange Programs. The House on Wednesday approved House Bill 2608, which would legalize needle exchange programs in the state as part of an effort to reduce disease and overdoses among illicit drug users. The bill now heads to the Senate.

International

Honduran President Took Bribe from Drug Traffickers, US Prosecutors Charge. Honduran President Juan Orlando Sanchez agreed to shield a drug trafficker from prosecution and offered to let him use the country’s armed forces for security in exchange for a $25,000 bribe, prosecutors in Manhattan federal court alleged Tuesday. The drug kingpin, Daniel Fuentes Ramirez, was arrested in Miami on weapons and cocaine conspiracy charges. Last fall, President Sanchez's brother, a former Honduran senator, was convicted in New York on cocaine conspiracy charges.

Chronicle AM: Drug Policy Alliance Names New Leader, HI House Passes Drug Defelonization Bill, More... (3/4/20)

The Drug Policy Alliance has a new executive director, Mexico's effort to legalize marijuana stalls in the Senate, the Oklahoma House moves to regulate kratom, and more. 

Kassandra Frederique is the new executive director of the Drug Policy Alliance. (DPA)
Kratom

Oklahoma House Passes Bill to Regulate—Not Ban--Kratom. The House on Monday passed House Bill 2846, which would regulate kratom. The measure now heads to the Senate.

Drug Policy

Drug Policy Alliance Names Kassandra Frederique as New Executive Director. Ten-year Drug Policy Alliance veteran Kassandra Frederique has been named executive director of the group following the resignation of Maria McFarland Sanchez-Moreno earlier this year. Frederique was managing director of policy, advocacy, and campaigns before being named executive director. "Kassandra is well suited to lead DPA," the group said in a press release. "Kassandra started at DPA a decade ago as an intern. Her exemplary work propelled her meteoric rise through the organization... In New York, she ran the campaign that reduced marijuana arrests in NYC by 84%. Through strategic advocacy, she shifted the politics around the issue, even bringing skeptic Gov. Cuomo around to the point that New York is now poised to legalize. Kassandra is the architect of innovative campaigns to roll back mass criminalization and expand the debate around overdose. Her voice leads national conversations about the complex interplay between race and the overdose crisis."

Hawaii Senate Approves Drug Defelonization Bill. The Senate on Tuesday approved a bill that turns low-level drug possession felonies into misdemeanors. House Bill 2581 would create a new fourth degree misdemeanor category for people caught with less than two grams of a controlled substance. Currently, possession of any amount of drugs except marijuana is a felony. The bill now heads to the House for consideration.

Idaho House Passes Bill Relaxing Mandatory Minimums for Heroin, Enacting Them for Fentanyl. The House on Monday passed House Bill 469, which relaxes mandatory minimum sentences for heroin, but added them for fentanyl. In the last two legislative sessions, the House voted to end mandatory minimums, but those bills never moved in the Senate. Now, we'll see if this one does.

International

Mexico Marijuana Legalization Stalled in Senate. With less than two months to meet a Supreme Court deadline to legalize marijuana, legislation to get it done has stalled in the Senate. That's according to opposition Senator Miguel Angel Mancera, who said there is no consensus between the parties. “[Legislation for] recreational use is not moving. It’s more difficult than outsourcing,” the former Mexico City mayor said, referring to a congressional battle over outsourcing last year.

Fentanyl Trade Fuels Cartel Battle in Central Mexico. Five competing drug trafficking groups are fighting over control of the fentanyl trade in the north-central state of Zacatecas, and it's leaving a toll of dead. The number of killings in the state reached 666 last year, more than double the figure from a decade ago. The Jalisco New Generation Cartel and the Sinaloa Cartel dominate the trade, but three other groups are trying to muscle in. They are the Gulf Cartel and two offshoots of the Zetas, known as the Talibanes and the Northeastern Cartel.

The Drug Policy Alliance is a funder of StoptheDrugWar.org.

Chronicle AM: VA Pot Decrim Bill Heads for House Floor Vote, Thai Opium Cultivation Declines, More... (2/6/20)

Marijuana decriminalization is moving in Virginia, medical marijuana home cultivation is moving in New Hampshire, a class action lawsuit goes after Detroit-area car seizures, and more.

There are fewer of these in Thailand these days. (UNODC)
Marijuana Policy

Connecticut Governor Renews Marijuana Legalization Pledge in Budget Proposal and Speech. In his State of the State address Wednesday, Gov. Ned Lamont (D) reiterated his call for marijuana legalization. He also put money where his mouth is by including funding for a legal marijuana regulatory framework in the budget proposal submitted to legislators. He also called for regional coordination in marijuana legalization. "The patchwork of cannabis and vaping laws are impossible to enforce. We will work with our neighboring states to make our laws safe, uniform, and enforceable. Like it or not, legalized marijuana is a short drive away in Massachusetts and New York is soon to follow," he added. "Right now do you realize that what you can buy legally in Massachusetts right across the border can land you in prison here in Connecticut for up to a year?"

Virginia General Assembly Blocks Marijuana Legalization, But Advances Decriminalization Bill. The House Courts of Justice Committee voted Wednesday to refer three marijuana legalization bills for study, effectively killing them for this session. At the same time, the committee voted to approve a decriminalization bill, HB 972, setting it up for a House floor vote. Similar legislation is also moving in the Senate.

Medical Marijuana

New Hampshire Senate Approves Medical Marijuana Home Cultivation Bill. The state Senate Thursday approved a bill that would allow patients and caregivers to grow their own medicine. SB 420 now heads to the House, which has passed similar legislation with strong support. The bill allows for the cultivation of three mature plants, three immature plants, and 12 seedlings. Gov. Chris Sununu (R) vetoed a similar bill last year. The House voted to override his veto, but the Senate fell three votes short of doing so.

Asset Forfeiture

Class Action Lawsuit Targets Detroit Car Seizures. A class action lawsuit filed in federal court in Detroit Wednesday accuses the Wayne County Sheriff's Office of seizing thousands of cars and other property belonging to residents who have not committed crimes in violation of their constitutional rights. "Innocent property owners find themselves ensnared in this system," the lawsuit asserts, leaving them to face the "permanent loss of their car or other property, even when someone else is alleged to have committed a crime without the property owner's knowledge or consent." The lawsuit was filed by the libertarian Institute for Justice.

Drug Testing

Ohio Supreme Court to Decide Whether Worker Drug Testing That Exposed Genitals Invades Privacy. The state Supreme Court has heard oral arguments in a case where workers at the company Sterilite had their genitals viewed during random drug tests. Four employees of the company sued claiming an invasion of privacy. The case was originally thrown out by a Stark County Common Pleas judge in 2017, but both sides appealed, and the case is now before the state's high court. Employees at the company were asked to submit to "direct observation" random drug tests where drug test administrators watched their groin areas while they produced urine specimens. Two of the plaintiffs were fired because they didn't provide a urine sample within the two-and-a-half hours allotted, according to court records. The original lawsuit seeks reinstatement with back pay for some of the plaintiffs. All four plaintiffs are seeking damages to compensate for pain, suffering and embarrassment.

International

Nigerian Governor Lobbies President to Legalize Marijuana. Ondo State Gov. Rotimi Akeredolu met with President Buhari on Tuesday and renewed his call for marijuana legalization. He argued that legalization would bring economic and health benefits to the country. "It's not because I take it; I take CBD, that's the oil, for medical purposes. I am convinced about the use to which we can put marijuana," Akeredolu said. "I know of the fact because we had to bring in experts, who have gone round and believe that the strain of marijuana that we grow in Ogbese in Ondo State is the best in the world. So, if you have that then a government must find a way to put it into good use. Our own is that the pathway to growing marijuana is for medical reasons, not for anybody to smoke."

Thai Opium Cultivation Keeps Declining, UNODC Says. Opium cultivation dropped last year, continuing a downward trend that began in 2014, according to a new UN Office on Drugs and Crime (UNODC) survey. The amount of land cultivated with poppies dropped 11% last year, down to about 80,000 acres. UNODC said that "the highest levels of cultivation continue to take place in unstable and conflict prone areas of Shan and Kachin." Production now is less than one-fifth it was at its peak in 1996.

Chronicle AM: Drug Overdoses Declined in 2018, Bernie Sanders Marijuana Legalization Plan, More... (1/30/20)

The CDC reports that drug overdose deaths declined for the first time in decades in 2018, Colombia's coca farmers are increasingly unhappy, Bernie Sanders could use an executive order to legalize marijuana at the federal level, and more.

Bernie Sanders is looking at using an executive order to end federal marijuana prohibition. (senate.gov)
Marijuana Policy

Bernie Sanders Could Use Executive Order to End Federal Marijuana Prohibition. Aides to Vermont senator and Democratic presidential contender Bernie Sanders (I) have presented him with a list of executive orders he could use to unilaterally change federal policies, including one that would direct the Department of Justice to legalize marijuana at the federal level.

Virginia Marijuana Decriminalization Bill Advances. A bill that would decriminalize marijuana and hash oil for adults was approved Wednesday by the Senate Judiciary Committee. The measure, SB 2, now heads to the Finance and Appropriations Committee and, if it passes there, a Senate floor vote.

Cleveland, Ohio, City Council Approves Marijuana Decriminalization. The city council has voted 15-2 to approve a measure that would eliminates fines and jail time for low-level marijuana possession. And it's a pretty high low level: 200 grams. The legislation still needs to be approved by Mayor Frank Jackson (D), who has previously expressed support for it.

Heroin and Prescription Opioids

CDC Reports Drug Overdose Deaths Declined in 2018. For the first time this century, overall drug overdose deaths declined in 2018, according to a new report released by the Centers for Disease Control and Prevention on Thursday. The report put the total number of overdose deaths at 67,000 in 2018, down from over 70,000 in 2017, a decline of 4%. But that still makes 2018 the second-worst year for drug overdose deaths in US history. The majority of overdose deaths involved heroin and fentanyl.

Asset Forfeiture

South Carolina Prosecutor to Appeal Circuit Court Judge's Ruling that Civil Asset Forfeiture Law is Unconstitutional. 15th Circuit Solicitor Jimmy Richardson filed notice this week that he intends to appeal a local judge's 2019 ruling that the state's civil asset forfeiture law is unconstitutional under both state and federal law. The move comes a month after Circuit Court Judge Steven John reaffirmed his August ruling. Johns' decision struck down civil asset forfeiture in his district, but the appeal decision would apply statewide.

International

Colombia Coca Farmers Plan Mass Protests as Counternarcotics Strategy Collapses. Coca farmers are demanding the resignation of crop substitution program director Hernando London after he claimed that "coca substitution leaders have not been assassinated." The coca growers' federation says at least 56 community leaders promoting crop substitution programs have been killed since the program began in March 2017. The coca growers said they were fed up with the "bullshit" of President Ivan Duque's administration and would join national strikes set for next month. Duque's anti-coca policy faces collapse if the crop substitution program is not executed because it then cannot resume aerial spraying of coca crops, according to the Constitutional Court. Without voluntary eradication and aerial spraying, only labor-intensive and easily reversed manual eradication could be used -- and 80% of the destroyed crops are replanted.

(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.)

Chronicle AM: NM & NY Govs Call for MJ Legalization, NJ Gov Signs Criminal Justice Bills, More... (1/22/20)

Two Democratic governors push for marijuana legalization, another Democratic governor signs a package of criminal justice reform bills, and more.

New York Gov. Andrew Cuomo calls for marijuana legalization as part of the state's budget process. (Creative Commons)
Marijuana Policy

New Mexico Governor Calls for Marijuana Legalization. Gov. Michelle Lujan Grisham used her State of the State address Tuesday to reiterate her call for marijuana legalization. "We've got to create more opportunity in rural communities, on Main Streets all through our state -- and so we've got to consider every single good idea. A perfect example is cannabis," she said. "This is the fact: Recreational cannabis can be the next frontier of our economic expansion. We can get in on the ground floor or we can try to play catch up -- I know which one I prefer." She wants to see the Cannabis Regulation Act (HB 160) passed during the legislature's 30-day session that just got underway.

New York Governor Calls for Marijuana Legalization. Gov. Andrew Cuomo (D) included marijuana legalization in his budget proposal Tuesday. The call for legalization comes after a similar effort foundered in Albany last year. "Legalize adult use cannabis," Cuomo said during his budget speech. "I believe it is best done in the budget. I said that last year. I believe the budget is the opportunity, frankly, to make some tough decisions and work through tough issues that without the budget can often languish, and I suggest that we get it done in the budget." The bill to watch is the Cannabis Regulation and Taxation Act (AB 1617).

Hemp

Idaho Hemp Bill Moving. A bill to legalize hemp farming will get a hearing in the Senate Health and Welfare Committee after the committee voted Tuesday to approve it. The bill filed by Republican Rep. Dorothy Moon (Stanley) would allow hemp with tiny amounts of THC to be grown in the state. The bill also has an emergency clause that would allow farmers to grow hemp this year if signed into law.

Criminal Justice

New Jersey Governor Signs Three Criminal Justice Bills. Gov. Phil Murphy (D) used the occasion of Martin Luther King, Jr. Day to sign three pieces of criminal justice reform legislation. SB 761, also known as the "Earn Your Own Way Out Act," requires the Department of Corrections to develop a reentry program for each inmate and streamlines the parole system. AB 4970 bans civil asset forfeiture with limited exceptions. The law will make it easier for individuals with dismissed or acquitted cases to recover seized money and valuables. SB 3309 creates the New Jersey Violence Intervention Program within the attorney general's office. It will award grants to municipalities, health agencies, law enforcement agencies, and nonprofit organizations that implement effective, evidence-based violence intervention initiatives in communities with disproportionately high rates of gun violence.

Chronicle AM: NM Governor Says Legalize This Year, KY Justice Reform Push, More... (1/16/20)

New Mexico could legalize marijuana next month, Virginia activists says marijuana decriminalization is not enough, Kentucky prepares to go to work on criminal justice reforms, and more.

The Virginia state capitol in Richmond. Activists and legislators are jousting over marijuana reforms. (Creative Commons)
Marijuana Policy

California Bill to Protect Marijuana Financial Services Providers Advances. The Assembly Committee on Business and Professions unanimously approved Assembly Bill 1525 on Tuesday. The measure would protect financial institutions and accountants serving the legal marijuana industry by clarifying that they aren't committing crimes under state law. The measure now heads to the Assembly Appropriations Committee.

New Mexico Governor Calls for Marijuana Legalization In 2020. Gov. Michelle Lujan Grisham (D) has made marijuana legalization part of her formal agenda for the year. In the agenda she sent to legislators Wednesday, she said she wants a bill "legalizing the use of recreational cannabis in New Mexico and establishing a regulatory framework for its use, including public safety considerations, public health safeguards, and the protection of the state's existing medical cannabis program." A similar effort came up short in the legislature last year, and Grisham created a working group to come up with recommendations in the interim. The legislature comes back for a 30-day session next week, so if all goes well, the state could be the next to free the weed.

Virginia Marijuana Decriminalization Bill Advances, Even as Protestors Demand More. The Senate Judiciary Committee on Wednesday sent a marijuana decriminalization bill, Senate Bill 2, to a subcommittee to be amended and then returned to Judiciary for further consideration. But the action came amid protests led by the state ACLU, which is calling for full legalization, and says decrim alone doesn't do enough to protect the state's minority communities.

Asset Forfeiture

Kentucky Civil Asset Forfeiture Reform Bill Filed. Rep. Reginald Meeks (D-Louisville) has filed House Bill 250, which would require law enforcement agencies to reveal more details about cash and property seized through asset forfeiture or face financial penalties. The bill does not seek to end civil asset forfeiture but would impose stiffer reporting requirements than currently exist. Under current law, agencies are required to make annual reports on asset forfeitures, but only 11% have actually done so.

Criminal Justice

Kentucky Governor and Legislators Make Criminal Justice Reform a Priority. Gov. Andy Beshear (D) and the legislature have committed to advancing criminal justice reform this year and have several proposals for reducing the state's prison population to consider. Among them: defelonization of simple drug possession, increasing the threshold for moving a theft from a misdemeanor to a felony from $300 to $500, and probation and parole reform.

Chronicle AM: MT Legalization Initiatives, NJ Forfeiture Reform, More... (1/14/20)

Montana activists have rolled out a pair of marijuana legalization initiatives, a Colorado bill aims to protect workers who use marijuana during their time away from work, New Jersey becomes the latest state to reform its civil asset forfeiture laws, and more.

Could legal marijuana be coming to Big Sky Country? Stay tuned. (Creative Commons)
Marijuana Policy

Colorado Bill Would Protect Employees Who Use Marijuana on Their Own Time. State Rep. Jovan Melton (D-Aurora) has filed a bill, HB 20-1089, to protect workers who use marijuana when they're off the clock. The bill would block businesses from firing employees for engaging in legal activities on their own time, even if such activities are only legal under state law. He anticipates having to make some compromises to address expected objections from the business community.

Montana Activists File Pair of Marijuana Initiatives. Activists with New Approach Montana filed a pair of marijuana legalization initiatives with the state attorney general's office Tuesday. One is a constitutional initiative that would set 21 as the legal age when people can use marijuana, while the other is a statutory initiative that would set up a system of taxed and regulated marijuana commerce. It also includes a provision for individuals to grow up to four plants. Both initiatives have until June 27 to qualify for the November ballot, but the constitutional initiative faces a higher signature gathering hurdle than the statutory initiative. The former will need 50,000 valid voter signatures, while the latter will need only 25,000.

Tennessee Marijuana Decriminalization Bill Filed. Rep. Rick Staples (D-Knoxville) filed a marijuana decriminalization bill, HB 1610, on Monday. The bill would decriminalize the possession of small amounts of marijuana, but it would also authorize counties to hold referendum elections to allow marijuana growing, manufacturing, delivery and retail sales within their boundaries.

Asset Forfeiture

New Jersey Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Phil Murphy on Tuesday (D) signed into law a bill mandating comprehensive disclosure and transparency requirements for the system of civil asset forfeiture. Under the bill, county prosecutors will submit quarterly reports to the Attorney General detailing seizure and forfeiture activities by law enforcement agencies within their county. The new law will also require specifying the law enforcement agency involved in a confiscation; date, description, and details of a seizure; the amount of funds or estimated value of a property; the alleged criminal offense associated with a seizure; and whether the defendant was charged with an offense and if those charges were ultimately dismissed or the defendant was acquitted, among other information.

The Top Ten Domestic Drug Policy Stories of 2019 [FEATURE]

As the clock ticks down toward 2020, it's worth taking a moment to look back and reflect on what has gone on in the world of drug policy this year. From marijuana to psychedelics to the lingering overdose crisis to the emergence of a new vaping-related illness, a lot happened. Here are ten of the biggest highs and lows of 2019, in no particular order:

It was a big year for marijuana in Congress. Less so in the states.
1, For the First Time, Marijuana Legalization Wins a Congressional Vote

In November, the House Judiciary Committee made history when it approved the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (H.R. 3384). The bill would effectively legalize marijuana at the federal level by removing it from the Controlled Substance Act's drug schedules. It would also require federal courts to expunge prior convictions and conduct resentencing hearings for those still doing federal marijuana time. And it would assess a five percent tax on marijuana sales to create a fund to aid to people and communities most impacted by prohibition.

There's a good chance the MORE Act will get a House floor vote before the end of this Congress, but even if it does, its prospects in Sen. Mitch McConnell's Senate are dim at best. Still, step by step, Congress by Congress, the end of federal marijuana prohibition is drawing nearer.

2. Marijuana Banking Bill Passes the House

In September, the House passed the SAFE Banking Act, which would allow state-legal marijuana businesses to get access to banking and other financial services. The vote was 321-103, with near unanimous support from Democrats, as well as nearly half of Republicans.

The vote came although some civil rights and drug reform groups had called for it to be put off until more comprehensive marijuana or criminal justice reform, such as the MORE Act (see above) could be enacted. They argued that passage of a narrowly targeted financial services bill could erode momentum toward broader reforms. The MORE Act did win a House Judiciary Committee vote, but has yet to get a House floor vote.

And while SAFE passed the House, it must still get through the Senate, where it is not clear whether it will be allowed to a vote, much less whether it can pass. A companion version of SAFE, S.1200, was introduced in April by Sens. Jeff Merkley (D-OR), Cory Gardner (R-CO) and a bipartisan group of 21 original cosponsors. It currently has 33 total cosponsors. In September, Senate Banking Committee Chairman Mike Crapo (R-ID) said his committee would take up the cannabis banking issue this year and is working on preparing a new bill, but now it's December and little has happened.

3. Legalization in the States Didn't Have a Great Year

At the beginning of 2019, prospects looked good for as many as a half-dozen states to get legalization bills passed, but the year turned out to largely be a dud. Hopes were especially high in New Jersey and New York, where Democratic governors supported legalization, but it didn't come to pass this year in either state. In Albany, they'll be back at it next year, but in Trenton, it looks like the legislature is going to punt, opting instead to put the issue directly to the voters next year in a legislative referendum.

One state did make it all the way to the finish line: Illinois. After a legalization bill sailed through the legislature in the spring, Democratic Gov. J.B. Pritzker signed it into law in late June. With that signature, Illinois became the first state to create a system of taxed and regulated marijuana commerce through the legislative process, rather than through a voter initiative. (Vermont's legislature legalized possession and cultivation but not sales in early 2018.)

Getting bills through a state legislature is hard work, and it sometimes takes years. Still, that hard work that didn't quite make it over the top this year, is laying the groundwork for legalization in places like New Jersey and New York -- and maybe more -- next year. And next year is an election year, which means initiative campaigns that can bypass legislative logjams will be in play. There are already active campaigns in Arkansas, Florida, North Dakota and South Dakota, although none have yet qualified for the ballot. Look for 2020 to be a better year when it comes to freeing the weed.

4. Pot Prohibition Isn't Dead Yet: Despite Legalization, Marijuana Arrests Up in Latest FBI Crime Report

In late September, the FBI released its annual Uniform Crime Report for 2018, and once again, marijuana arrests were on the rise -- despite legalization in 11 states and DC, and decriminalization in 15 more states. There were some 663,367 marijuana arrests in 2018, up from 659,700 in 2017 and 653,249 in 2017. In all three years, simple possession cases accounted for about nine out of ten pot busts. Before 2016, marijuana arrests had been going down for more than a decade. Clearly, there is still work to do here.

5. US Supreme Court Unanimously Reins in Asset Forfeiture

In a February victory for proponents of civil libertarians, the US Supreme Court ruled in Timbs v. Indiana that the Eighth Amendment's Excessive Fines Clause applies to states, thereby prohibiting state and local governments from collecting excessive fines, fees and forfeitures. Justice Ruth Bader Ginsburg wrote the majority opinion. "The protection against excessive fines guards against abuses of government's punitive or criminal law-enforcement authority," Ginsburg wrote. The case involved the seizure of a $42,000 Land Rover over a drug sale of $225.

There was more progress on the asset forfeiture front on the state level, too: Bills to either end civil asset forfeiture entirely or to restrict it passed this year in Alabama, Arkansas, Michigan, and North Dakota, and in September, a South Carolina circuit court judge ruled civil asset forfeiture unconstitutional, setting up a fight in state appeals courts there.

6. Thousands of Federal Drug Prisoners Go Free Under First Step Act

President Trump signed the First Step Act into law at the end of last year, but the sentencing reform measure's true impact was felt in July, when the Bureau of Prisons released more than 3,000 prisoners and reduced the sentences of nearly 1,700 more. Almost all of those released were drug offenders. The First Step Act was aimed at redressing harsh sentences for federal prisoners excluded from the 2010 Fair Sentencing Act, which reduced -- but did not eliminate -- the infamous crack/powder cocaine sentencing disparity, but which did not include prisoners sentenced before its passage. Three states -- Florida, South Carolina and Virginia -- accounted for a whopping 25 percent of sentence reductions, and more than 90 percent went to African-American men.

A movement to decriminalize natural psychedelics emerged this year. (Greenoid/Flickr)
7. Psychedelic Decriminalization Becomes a Movement

After emerging in 2018, the movement to decriminalize natural psychedelics mushroomed this year. In May, voters in Denver narrowly approved the Denver Psilocybin Mushroom Decriminalization Initiative, making clear that they wanted to "deprioritize, to the greatest extent possible, the imposition of criminal penalties on persons 21 years of age and older for the personal possession of psilocybin mushrooms." The measure also "prohibits the city and county of Denver from spending resources on imposing criminal penalties on persons 21 years of age and older for the personal use and possession of psilocybin mushrooms."

That surprise victory sparked interest across the country, and the following month Oakland followed suit, only this time it was the city council -- not the voters -- who decriminalized magic mushrooms and other natural psychedelics. In September, Chicago became the next city to get on board, with the city council unanimously passing an advisory resolution expressing support for research on the potential use of psychoactive plants and pledging support for adult use of the substances. Meanwhile, activists in three more major cities -- Berkeley, Dallas, and Portland -- were pushing psychedelic decriminalization measures, either through ballot initiatives or city council actions. By December, Decriminalize Nature, the group behind the movement, reported that more than 100 cities across the country are now seeing efforts to open up to psychedelics.

And it's not just cities. In two states, psychedelic reformers have filed initiatives aimed at the November 2020 ballot. In the Golden State, the California Psilocybin Mushroom Initiative, which would decriminalize the possession, use, and gifting of magic mushrooms and the chemical compounds -- psilocybin and psilocin -- has been cleared for signature gathering. It has until April 21 to come up with 623,212 valid voter signatures to qualify for the November 2020 ballot. Just across the border to the north, the Oregon Psilocybin Service Initiative, which would allow magic mushrooms to be grown with a license, and would allow for therapeutic use of psilocybin, is in the midst of signature gathering. It needs 112,020 valid voter signatures by July 2 to make the ballot. The Oregon measure in October got a nice $150,000 donation from Dr. Bronner's Magic Soaps.

8. Overdose Deaths Decline Slightly, But Are Still Way Too High

In July, the CDC reported 2018 drug overdose death numbers and found that they had declined from 2017's record high of more than 70,000 to just under 68,000, a five percent decrease. The latest data from CDC, which measured drug deaths in the 12-month period ending in April 2019 showed deaths at 67,000, suggesting that the decline continues, but at a glacial pace. Still, the number of overdose deaths is about seven times higher than it was in 1995, at the start of the prescription opioid epidemic.

The recent decline has been driven by a decrease in heroin and prescription opioid overdoses, although overdoses involving the synthetic opioid fentanyl increased, as did those involving the stimulant drugs cocaine and methamphetamine. Many overdoses involved more than one drug, with benzodiazepines often implicated.

If some researchers are right, fentanyl overdoses could balloon to an even higher level, if distribution of the highly potent substance takes hold in the western US. Most users take fentanyl unknowingly, after it's been used to cut street heroin or counterfeit pills.

9. Vaping-Linked Illness Emerges, Sparking Broad Anti-Vaping Backlash

In the summer, reports of vaping or e-cig users being struck down by a mysterious, lung-damaging condition began to emerge. By the end of October, the Centers for Disease Control and Prevention (CDC) reported more than 1,600 cases of lung-damaged vapors, with the death toll rising to 34. (That number has since risen to 47.) The CDC also gave the condition a name: e-cigarette or vaping product use associated lung injury (EVALI).

A likely culprit soon emerged: black market THC vaping cartridges contaminated with new additives, particularly thinners including propylene glycol (PG) and polyethylene glycol (PEG), vitamin E acetate, and medium chain triglycerides (MCT oil). The FDA has begun investigating vitamin E acetate, while public health officials in New York have found the substance in a majority of seized vape cartridges there. The FDA also announced in August that it is proposing adding propylene glycol as a "respiratory toxicant" in its list of harmful tobacco product ingredients.

While the CDC and the FDA responded to the outbreak with recommendations targeting the suspect products, elected and public health officials in a number of states responded by going after not black market marijuana vaping cartridges but legal flavored tobacco vaping products.

Massachusetts banned all vaping products, Michigan banned flavored nicotine products, New York banned flavored e-cigarettes, Oregon banned all flavored vaping products for six months, as did Rhode Island, while Washingtonissued a four-month ban on flavored vaping products. President Trump threatened to move toward a national ban on flavored vaping products, but has since changed course, even making an anti-prohibitionist argument to do so.

In its latest update, the CDC reports the number of EVALI cases has risen to nearly 2,300 and the death toll has climbed to 47. But unlike those state governments that reacted with flavored vaping bans, the CDC takes a different approach: It points the finger strongly at vitamin E acetate, recommends that people not use THC vaping products at this point -- especially if obtained informally or in the black market -- and also warns people not to add any products to vaping cartridges that are not intended by the manufacturer.

10. Safe Injection Sites Win an Important Preliminary Legal Battle

In a case involving a proposed safe injection site in Philadelphia, a federal judge ruled that it would not violate federal law. With the backing of city officials and former Gov. Ed Rendell (D), the nonprofit group Safehouse pressed forward with plans for the facility even though the Justice Department had warned that it would not allow any safe injection sites to move forward. The Justice Department sued in February to halt the project, arguing that it violated the federal "crack house law."

But US District Judge Gerald McHugh ruled that the "crack house" provision of the Controlled Substances Act does not apply to the group's bid to assist opioid users. "No credible argument can be made that facilities such as safe injection sites were within the contemplation of Congress" when that body wrote the law in 1986 or amended it in 2003, McHugh wrote. "I cannot conclude that Safehouse [the safe injection site] has, as a significant purpose, the objective of facilitating drug use. Safehouse plans to make a place available for the purposes of reducing the harm of drug use, administering medical care, encouraging drug treatment and connecting participants with social services."

While the Justice Department has appealed the ruling, it is a good omen, and the case is being carefully watched in cities such as Denver, New York, San Francisco, and Seattle, all of which are pursuing similar plans.

Chronicle AM: CA Initiative Would Legalize Magic Mushroom Sales, Senate GOP Cartel Bill, More... (12/16/19)

The latest version of California's psilocbyin decriminalization initiative turns it into a legalization initiative, a group of Senate Republicans file a bill to treat drug cartels like terrorist organizations, and more.

Under the latest language in California's magic mushroom initiative, you could buy them at a store. (CC)
Psychedelics

California Psilocybin Decriminalization Initiative Now a Legalization Initiative. The latest version of the California Psilocybin Decriminalization initiative includes language that would legalize the production and sale of magic mushrooms, as well as decriminalizing their possession and use. "The personal, spiritual, religious, dietary, therapeutic, and medical use of Psilocybin Mushrooms by adults, including but not limited to the cultivation, manufacture, processing, production of edible products and extracts (with or without solvents) derived from Psilocybin Mushrooms, distribution, transportation, possession, storage, consumption, social consumption, on-site consumption, public events, farmers' markets, and retail sale, whether or not for profit, shall be lawful in this state and is a matter of statewide concern," the initiative now says.

Asset Forfeiture

Indiana Police Used $400K In Asset Forfeiture Funds to Boost Their Own Pay and Benefits, Audit Finds. A federal audit of Indiana law enforcement's use of federal asset forfeiture funds has found that police unlawfully used nearly $400,000 of those monies to increase their own pay and benefits. The federal "equitable sharing program" that distributes the funds does not allow police to use those monies for such expenses.

Kansas Lawmakers Punt on Asset Forfeiture Reform, Seek Review Instead of Passing Legislation. After an audit this past summer criticized law enforcement for taking advantage of vague asset forfeiture laws, lawmakers debated whether to enact legislation to remedy the situation. Now, they've decided not to act this year, but to instead ask a judicial advisory group to review any potential changes. The House Judiciary Committee heard testimony last month on several measures, including one to require a conviction before property is seized, but opted to send the bills to the Kansas Judicial Council, an advisory committee in the judicial branch. Chairman Blaine Finch said the council would be able to study the bills more extensively than the Legislature would.

Foreign Policy

Senate Republicans File Bill to Impose Sanctions on Drug Cartels. Led by Sen. Tom Cotton (R-AR), a group of nine Republican senators last week filed the Significant Transnational Criminal Organization Designation Act, legislation that would subject certain foreign criminal organizations like drug cartels to sanctions, including immigration, financial and criminal penalties. The process would be similar to the system used for designating entities as Foreign Terrorist Organizations (FTOs). Passage of the bill would allow the federal government to impose on the most significant Transnational Criminal Organizations (TCOs) the same sanctions that apply to FTOs.

International

Thai Justice Minister to Speed Up Kratom Decriminalization. Justice Minister Somsak Thepsutin says he will speed up the decriminalization of kratom. He said the Justice Ministry has formed a committee to study kratom-based medicines. "I will proceed with this project as soon as possible because legalization will truly benefit society," he said. Although kratom is not considered a scheduled drug by UN treaties, it has been illegal in Thailand since 1943, with possession punishable by up to a year in jail.

Zambia Legalizes Marijuana Production, But for Export and Medical Purposes Only. The government has approved a proposal to legalize marijuana production, but it will be restricted to exports and medical purposes. The government wants a $250,000 annual license fee from companies wishing to get into the business. Approval came last Wednesday during a cabinet meeting.

Chronicle AM: CBS News Pot Poll, MA Senate Kills Car Seizure Provision in Anti-Vaping Bill, More... (11/21/19)

There's another national pot poll showing a strong majority for legalization, an Arizona poll shows majority support, too; the ONDCP announces some opioid crisis spending initiatives, and more.

"Got any untaxed vaping products in there, son?" (Creative Commons)
Marijuana Policy

CBS News Poll Hits Record High in Support for Marijuana Legalization. A new CBS News poll has support for marijuana legalization at 65%, an all-time high for the CBS poll and in line with other recent polling. Now, even a majority (56%) of Republicans favor it and even among Americans over 65 legalization has more support than opposition.

Arizona Poll Has a Majority for Marijuana Legalization. A new poll from OH Predictive Insights has support for marijuana legalization among registered voters at 54%, with only 33% opposed. The poll comes as at least two different legalization initiative campaigns are vying to get on the 2020 ballot. A 2016 legalization initiative was narrowly defeated.

Heroin and Prescription Opioids

ONDCP Announces More Than $4 Million in Grants for Local Programs Combating the Opioid Crisis. Today, White House Office of National Drug Control Policy (ONDCP) Director Jim Carroll announced $4.5 million in grants to help local programs counter the effects of the opioid crisis in their communities. ONDCP, the University of Baltimore, and the Centers for Disease Control and Prevention (CDC) collaboratively selected 14 programs in areas of the United States to receive “Combating Opioid Overdose through Community-Level Intervention (COOCLI)” grants. The projects, which will be overseen by the University of Baltimore, will employ a range of approaches such as identifying individuals most at risk of overdosing, supporting medication-assisted treatment in jails, collaborating with public safety agencies, and connecting high-risk pregnant and postpartum women and their children to opioid use disorder care coordination services.

Vaping

Massachusetts Senate Strips Vehicle Seizure Provision from Vaping Bill. The state Senate on Wednesday amended a bill banning flavored tobacco and taxing e-cigarettes to remove a provision that would have allowed the police to seize the vehicle of anyone driving with untaxed vaping products in the car. State law allows the seizure of vehicles in which untaxed cigarettes and tobacco products are found (!). This bill would have extended that provision to vaping products, but was removed on a 39-0 vote after lawmakers raised concerns about proportionality. 

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School