The man who was once Colombia's most powerful cocaine traffickers gets decades in US prison, New Hampshire will study the state liquor store model for potential legal marijuana sales, and more.

Marijuana Policy

Gallup Poll Now Has Republican Majority for Marijuana Legalization but Partisan Gap Remains. New polling data from Gallup on partisanship among the American electorate shows that a majority of Republicans -- 55 percent -- now support marijuana legalization, but Democrats supported it at a much higher level -- 83 percent. Support among independents was not measured.

While Democrats have historically been more likely to be legalization supporters, the partisan gap has widened over the past decade because support among Democrats has risen much faster than among Republicans. Overall, though, support for legalization among all Americans remain near or at an all-time high -- with majorities of self-identified Democrats, Republicans, and Independents all backing legalization.

New Hampshire Governor Signs Bill for Commission to Study State Marijuana Sales. Gov. Chris Sununu (R) has signed into law House Bill 611, which will create a commission to study on how the state could handle legal marijuana sales in a way similar to the state liquor store model already in place in the Granite State.

"New Hampshire has an opportunity to safely regulate the sale of marijuana with a model few others can provide," Sununu said. "By establishing a commission to study state-controlled sales, this bill will bring stakeholders from across New Hampshire together to ensure that preventing negative impacts upon kids remains our number one priority."

The state-control model of cannabis legalization the governor favors was met with widespread skepticism from both Democrats and Republicans in the state legislature earlier this year, but the legislature has failed to pass any form of legalization so far.

Drug Policy

Former Leader of Colombia's Gulf Clan Cartel Sentenced to 45 Years in US Prison. On Wednesday, Dairo Antonio Úsuga David, known by various aliases, including "Otoniel," a citizen of Colombia, was sentenced by United States District Judge Dora L. Irizarry to 45 years’ imprisonment for engaging in a continuing criminal enterprise as a leader of the multibillion-dollar paramilitary and drug trafficking organization known as the "Clan del Golfo" (CDG -- the Gulf Clan).

Úsuga David was also sentenced to 45 years' imprisonment for engaging in a maritime narcotics conspiracy and 45 years' imprisonment for engaging in a narcotics importation conspiracy. The sentences will run concurrently. As part of the sentence, the Court ordered Úsuga David to pay $216 million in forfeiture. The defendant pleaded guilty to all three charges in January 2023.

Úsuga David controlled an armed force of about 1,800 men, mainly recruited from former rightist paramilitary groups and operated Colombia's biggest drug trafficking organization until his arrest in 2021 by the government of Conservative then-President Ivan Duque. He was then extradited to the US to face charges, although there are also suggestions that he was extradited to avoid having him answer questions that could link rightist paramilitaries to Conservative Party politicians.

"Otoniel led one of the largest cocaine trafficking organizations in the world, where he directed the exportation of massive amounts of cocaine to the United States and ordered the ruthless execution of Colombian law enforcement, military officials, and civilians," said Attorney General Merrick Garland. "This sentence sends a clear message: the Justice Department will find and hold accountable the leaders of deadly drug trafficking organizations that harm the American people, no matter where they are and no matter how long it takes."

San Francisco Jail Population Jumps as Drug Arrests Mount. For the first time in years, the jail population in the city has hit the 1,000 mark, driven largely by a renewed emphasis on drug arrests. The average daily jail population was 1,277 in 2019 and dropped to 850 in 2020 amidst the early stages of the coronavirus pandemic.

Even though crime reports in the city are down slightly over last year, drug arrests are up a dramatic 36 percent, especially since the city launched an initiative on May 30 to arrest people for public drug use. That push tipped the jail population past the 1,000 mark; it hit 1,001 on Tuesday.

David Mauroff, executive director of a nonprofit called the San Francisco Pretrial Diversion Project, which provides resources to people who are awaiting criminal trial, said the increase in arrests has squeezed his organization's ability to properly serve clients.

"The city has now decided that arrest, prosecution and incarceration is the answer to our public safety issues," Mauroff said. "It's been demonstrated by volumes of research and science that the war on drugs failed."

Drug arrests are not the only thing fueling the jail population jump. The Public Defender's Office has been holding sit-in all summer to protest court backlogs that have denied more than 1,100 people the right to a speedy trial. The office said 115 people have been held in jail for months or even years past their speedy trial deadlines.

On Thursday, Reps. Jamie Raskin (D-MD) and Nancy Mace (R-SC1) introduced the Cannabis Users Restoration of Eligibility (CURE) Act, legislation to prevent prior or current marijuana use from becoming grounds for failing to receive a security clearance or for being found unsuitable for federal employment. The CURE Act will also allow for someone who has previously been denied a security clearance or a federal job based on marijuana use the chance to have that denial reviewed.

The bill would amend the Intelligence Reform and Terrorism Prevention Act of 2004 to limit the consideration of marijuana use when making a security clearance or employment suitability determination. "Notwithstanding any other law, rule, or regulation, current or past use of marijuana by a covered person may not be used in any determination with respect to whether such person is eligible for a security clearance or suitable for Federal employment," the bill text specifies.

A security clearance is necessary for more than half of all federal jobs, including not only obvious positions in the defense, homeland security, and cybersecurity sectors, but even the people who clean the buildings or provide food services where those people work. That is more than three million federal military and civilian positions that require security clearances, along with another 1.2 million held by contract employees.

"Every year, qualified and dedicated individuals seeking to serve our country are unable to secure federal jobs and security clearances because the federal government has not caught up with the widely established legal use of medical and recreational cannabis,"said Rep. Raskin in a release announcing the bill. "I am proud to partner with my friend Representative Mace to introduce the bipartisan CURE Act that will eliminate the draconian, failed and obsolete marijuana policies that prevent talented individuals from becoming honorable public servants in their own government."

The CURE Act has been endorsed by the Drug Policy Alliance, the Due Process Institute, Law Enforcement Action Partnership (LEAP), the National Organization for the Reform of Marijuana Laws (NORML), and the US Cannabis Council -- and these reform groups were eager to weigh in on it.

"DPA is excited to support legislation that can help end another pillar of the drug war and allow individuals to secure work," said Maritza Perez Medina, Director, Office of Federal Affairs, Drug Policy Alliance (DPA). "Penalizing someone for drug use relies on an assumption that any drug use is problematic and that people who use drugs cannot be responsible employees. We know this is false. We hope this bill is just the start of other critical federal marijuana reforms."

"There are many talented and dedicated people who have used cannabis and want to serve their country," said Sgt. Terry Blevins, a former civilian investigator for the Department of Defense, Arizona Police Sergeant, and Board Member for the Law Enforcement Action Partnership (LEAP). "Compromising recruitment by our federal agencies with antiquated cannabis laws makes our nation less safe in the face of security threats we face globally."

"For too long, the federal government has been denying Americans civil service opportunities solely because of its outdated attitudes toward cannabis and those who consume it," said Morgan Fox, Political Director at the National Organization for the Reform of Marijuana Laws (NORML). "Denying these millions of Americans consideration for employment and security clearances is discriminatory and it unnecessarily shrinks the talent pool available for these important jobs. NORML commends the sponsors for working to undo this policy and replace it with fair and sensible hiring and clearance practices that will put America on much stronger footing on the global stage."

"Millions of patriotic, conscientious Americans use cannabis legally each year, but they are consistently penalized by outdated federal regulations," said Ed Conklin, Executive Director, US Cannabis Council. "We strongly support the CURE Act because it will bring federal employment policies into line with the views of most Americans. Cannabis use should never prevent a qualified candidate from serving his or her country as a federal employee."

As of now, 38 states, three territories and the District of Columbia allow the medical use of marijuana, while 23 states, two territories and the District of Columbia have enacted measures to authorize and regulate marijuana for recreational adult use. Despite the rapid pace at which marijuana is being legalized, thousands of Americans are routinely denied security clearances and lose out on federal employment if they admit to using marijuana in a lawful way.

Another Republican files another border fentanyl bill, Seattle's mayor has a plan to deal with open-air drug use, and more.

Marijuana Policy

Hickenlooper Reintroduces Bill to Prepare Federal Government for Marijuana Legalization. Sen. John Hickenlooper (D-CO) recently reintroduced the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment (PREPARE) Act, a bill that directs the Attorney General to develop a framework for federal cannabis regulation. Though cannabis is currently illegal at the federal level, many states have followed Colorado's safe and legal model. The PREPARE Act establishes a federal commission, modeled after Colorado's regulatory commission, to advise the government on proper safeguards for federal cannabis legalization.

>"Colorado's is the model for a safe, well-regulated marijuana market," said Hickenlooper. "Let's build on that success with federal regulation."

The PREPARE Act-established federal commission would advise on the development of a federal regulatory framework modeled after state cannabis regulations, consider barriers and suggestions for regulating cannabis similar to alcohol, identify ways to remedy the disproportionate impact cannabis prohibition has had on minority, low-income, and veteran communities, and include representatives from relevant federal agencies and offices, individuals nominated by Senate and House leadership, industry representatives, and representatives of state and local governments.

Drug Policy

House Republican Files Bill to Confiscate Cartel Assets, Use Them to Pay for Border Wall. Rep. Randy Feenstra (R-IA) has filed the Build the Wall and Fight Fentanyl Act, which would allow US authorities to seize the assets of Mexican drug cartels and use them to construct a wall at the southern border and to fight fentanyl.

The measure would establish two funds at the Treasury Department, the "Southern Border Wall Fulfillment Fund" and the "Combating the Fentanyl Epidemic Fund." Both funds would be run by the Department of Homeland Security.

"Criminal drug traffickers have smuggled enough fentanyl into our country to kill every man, woman, and child in the United States, and tragically, too many families know the pain of losing a loved one to this deadly crisis. We must fight fire with fire to protect our families, our children, and our communities," Feenstra said in a statement.

According to the DEA, however, the vast majority of drugs smuggled into the US from Mexico go through ports of entry, not unwalled portions of the border.

Seattle Mayor Unveils New Proposal to Fight Open-Air Drug Use. Mayor Bruce Harrell (D) on Monday announced a new plan to cut down on open-air drug use in the city and increase access to addiction treatment. The plan will include guidance to police on when to make an arrest and make drug possession a gross misdemeanor, bringing the city into conformity with state law. The state's drug possession statute had to be redone after the state Supreme Court threw it out in the Blake case in 2021.

"What's the same is it adopts the state law that we call the post-Blake Fix, and under the post-Blake Fix, you may recall, the officers were required to give referrals before arrests were made," said Harrell. "The legislature came out with the fix. That's what's the same, is that we are adopting the state law. What's quite different is we went more specific on what an arrest looks like and what it should not look like. It also brings in the threat of harm standard, which makes it clear, that if people are a threat to others, if they are in an area where people are trying to catch the bus, or where they are trying to shop or bring their kids in a stroller, these areas need to be safe, and it gives us the ability to make arrests when they need to happen," said Mayor Harrell.

The plan also includes $27 million to invest in facilities, treatments and services to address the opioid crisis. The measure needs to be approved by city council members, which Harrell said he is confident will happen and before a two-week break at the end of the month.

Drug Testing

Illinois Governor Signs Bill to Limit Drug Testing of Parolees. Gov. JB Pritzker (D) has signed into law a criminal justice reform bill, Senate Bill 423, that limits drug testing of parolees, among other provisions.

"Today, I will sign legislation that focuses our Mandatory Supervised Release system on creating successful outcomes for those who were formerly incarcerated and improves the safety and peace of our communities," Pritzker said in a statement last Friday. "This legislation supports the reintegration of individuals into the community while lowering the possibility of recidivism, increasing public safety, and lowering taxpayer costs," he added.

Singapore has executed one drug offender with another set for later this week, the Florida ACLU joins the fight for a marijuana legalization initiative, and more.

Marijuana Policy

Florida Supreme Court Grants AG's Request for More Time to Challenge Marijuana Legalization Initiative. The state Supreme Court on Monday granted a request from Attorney General Ashley Moody (R) for more time to challenge a marijuana legalization initiative from Smart & Safe Florida. She now has until August 2 to make her argument that the initiative does not meet state requirements to be on the November 2024 ballot.

Smart & Safe Florida opposed the seven-day extension, arguing instead for a two-day extension, but the Supreme Court gave Moody the whole seven days.

If the high court approves the initiative or fails to issue a ruling by April 1, 2024, would be set to appear on the November 2024 ballot. Since it takes the form of a constitutional amendment, it will need 60 percent of the vote to pass.

Florida ACLU Joins Fight Over Getting Marijuana Legalization Initiative on the Ballot. The ACLU of Florida filed a brief on Monday backing the Smart & Safe Florida marijuana legalization initiative and calling out the state Supreme Court for the way it has handled ballot initiatives in recent years, turning the process into an "acrobatic exercise."

"The ACLU is arguing that the Supreme Court now has a history over the last several years in Florida of striking down these initiatives," ACLU attorney Will Cooper said. "If the Supreme Court really does want to let the people speak and get out of the business of striking these initiatives down and acted by the people of Florida, I think they certainly have a sufficient basis to let it stand," he added.

In the past five years, the Supreme Court has reviewed nine initiatives, striking down four of them, as well as refusing to review another initiative, effectively killing it. In the five year period before that, the high court reviewed seven initiatives and struck down none of them.

International

Peru's Surging Cocaine Trade is Overrunning Remote Indigenous Territories. In Ucayali department, which is a lowland jungle region bordering Brazil, coca has arrived, and the trade is threatening the reserves of the isolated tribespeople who inhabit the area. It is an area largely bereft of state services, including an anemic state security apparatus, a situation that has created "an open door" for the drug trade, say drug experts and indigenous communities.

Coca production has expanded from the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM) to far Ucayali, where land under cultivation has spiked nearly five-fold in the past five years. Nearly 35,000 acres of coca was grown on land belonging to some 295 native communities. Nationally, coca cultivation increased by 18 percent from 2021 to 2022.

"Ucayali has practically wide open borders and strategic positioning," said Frank Casas, an expert on Peru's drug trade. "Within the last three years, the region has become a high production area, and not only in terms of coca, but also in the production and commercialization of cocaine to international markets."

Singapore Hangs Drug Offender, Another Hanging Set for Friday. Singapore authorities hanged a 56-year-old man, Mohammed Aziz Hussain, after he was sentenced to death in 2018 for trafficking less than two ounces of heroin. And it is set to hang a woman, Saridewi Djamani, 45, on Friday for trafficking slightly more than an ounce of heroin in 2018.

The local Transformative Justice Collective and international human rights groups called on the government to halt the pending execution and end the resort to the death penalty. It had been under a moratorium during the coronavirus pandemic, but has returned with a vengeance last year with 15 drug offenders executed since then.

"Singaporean authorities must immediately stop these blatant violations of the right to life in their obsessive enforcement of misguided drug policies," Adilur Rahman Khan, secretary-general of the International Federation of Human Rights, said in a statement.

A joint statement by Transformative Justice Collective and other groups noted that Law Minister K. Shanmugam reportedly acknowledged in a 2022 interview that Singapore's harsh policy on drugs has not led to the arrest of the so-called drug kingpins.

"Instead of disrupting drug cartels… the government of Singapore deliberately retains capital drug laws that, in practice, operate to punish low-level traffickers and couriers, who are typically recruited from marginalized groups with intersecting vulnerabilities," the statement said.