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

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

OxyContin (Creative Commons)
Marijuana Policy

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

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

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

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

Opiates and Opioids

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

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

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

Foreign Policy

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

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

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

International

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

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

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

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

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

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

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

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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

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

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

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

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

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

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

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

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

Drug Policy

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

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

The bills are:

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

International

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

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

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

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

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

San Francisco Jail Being Filled with Drug Law Violators, Partisan Gap in Support for Legal Weed, More... (8/9/23)

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.

Open-air drug scene in San Francisco's Tenderloin. There is a crackdown going on. (AdamChandler86)
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.

Florida AG Opposes Legalization Init, Montreal Mushroom Shop Raided Again, More... (8/4/23)

There have been a couple of hiccups as marijuana legalization rolls out in Minnesota, Florida's attorney general thinks voters are too stupid to know that pot would remain federally illegal if the state legalized it, and more.

Magic mushrooms. You can't buy them in Montreal anymore. (Creative Commons)
Marijuana Policy

Florida AG Reaffirms Opposition to Marijuana Legalization Initiative, Claims Floridians Too Stupid to Know Pot Would Remain Federally Illegal. Attorney General Ashley Moody (R) on Wednesday submitted a new brief to the state Supreme Court arguing that it should reject the marijuana legalization initiative from Smart and Safe Florida because its summary does not explicitly say that marijuana is illegal under federal law.

That could deceive state voters who may be ignorant of the policy conflict between the states and the federal government on marijuana, Moody argued. "Most Americans cannot name a single Supreme Court justice," she claimed to support her position.

Smart and Safe Florida found Moody's position incredible, saying it "strains credulity well past the breaking point to think that the average voter is unaware that marijuana is illegal at the federal level."

She also argued that the initiative is crafted to unfairly benefit the marijuana company Trulieve, which is the main financial backer of the campaign.

"This carefully curated ballot summary misleads in ways that, though sometimes subtle, are likely to influence voters -- and to do so in a way that entrenches the Sponsor's monopolistic stranglehold on the marijuana market to the detriment of Floridians," it says. "In its pursuit of a larger customer base and greater profits, Trulieve has invited millions of Floridians to join it in reckless violation of federal criminal law. Trulieve may be reckless enough to stake an entire business model on the whims of federal prosecutors," it continues. "But it cannot invite Florida voters to permanently amend their governing charter by promising that the amendment will do something ('allow' recreational marijuana) that it will not do."

It's not immediately clear what the next steps are in the case. It's possible the court may schedule oral arguments now that both sides have laid out their main arguments in written briefs.

Minnesota Legal Marijuana Hiccups. The first days of marijuana legalization in the state -- beginning August 1 -- have brought at least two police raids on shops they said were skirting the law. Police raided a tobacco shop in Mahnomen on the White Earth Reservation that was selling marijuana and a shop in Faribault that was selling plants.

While non-native parts of the state must wait for regulators to come up with regulations to guide legal marijuana commerce, sales have already begun on one reservation, Red Lake. The White Earth Band, however, says sales are illegal without a permit from the tribe.

Meanwhile, in Faribault, Total Tobacco was raided on August 1 when local law enforcement seized 22 pot plants. The store said it thought it was selling legal plants because the seedlings had not yet reached a state of maturity when THC levels would rise enough to be illegal.

Charges are pending in both cases.

International

Montreal Police Raid Magic Mushroom Shop for Third Time in Three Weeks. The FunGuyz magic mushroom shop is shut down again after being raided Thursday for the third time in three weeks. Police said they seized four kilograms of psilocybin in bulk form, 753 grams of psilocybin edibles, 1,643 psilocybin tablets and slightly more than $10,000 in cash.

Police first raided the shop on July 11, the day it opened and arrested four people. But the owners, who said they were advocating for psychedelic legalization, reopened, sparking a second raid on July 20, with five people arrested. One person was arrested in this latest raid.

Quebec law enforcement is growing tired of the game, and the provincial Director of Criminal and Penal Prosecutions says police have been granted an injunction to seize the building and prevent it from opening for a fourth time.

Bipartisan Bill Would Eliminate Cannabis Screening for Federal Hiring, Security Clearances [FEATURE]

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.

SAMSHA Seeks Comment on Harm Reduction Draft, MN Era of Legal Weed Begins, More... (8/2/23)

An effort to repeal South Dakota's voter-approved medical marijuana law gets underway, the Red Lake Reservation sees the first legal recreational marijuana sales in Minnesota, and more.

Welcome to weed world, Minnesota!
Marijuana Policy

Minnesota Marijuana Legalization Now in Effect. Today is day two of legal marijuana in the Land of 10,000 Lakes. Legalization went into effect on August 1 after the legislature approved it earlier this year. The state is now the 23rd to have freed the weed.

Now, people 21 and over can possess and grow their own marijuana, although most retail sales are still months away. People can grow up to eight plants, though only four may be in flowering. The plants must be grown in an enclosed, locked space that is not open to public view, whether that's indoors or in a garden.

And they can possess up to two ounces of marijuana flower, eight grams of concentrate, and 800 milligrams of THC-containing edibles, such as gummies or seltzers.

Minnesota Tribe Launches First Legal Marijuana Sales in State. The first legal marijuana sale in the state took place Tuesday on the Red Lake Reservation, with the first sale going to a tribal employee as journalists, tribal leaders, and more than a hundred lined up customers looked on.

The reservation's NativeCare dispensary is the only legal adult sales dispensary in the state. State officials have yet to establish a licensing system for recreational use sales, but because the reservation is sovereign native land, the shop there did not have to wait for the state to get its system up and running.

"We're proud to be the first," Red Lake Tribal Secretary Sam Strong said. "We're excited for people to come onto the reservation."

Medical Marijuana

South Dakota Effort to Repeal Medical Marijuana Launches. Rural Butte County famer Travis Ismay has taken time off from harassing the local county commission over various issues, including a medical marijuana dispensary in the country to submit a proposed ballot initiative that would repeal the state's medical marijuana program, outlaw the dispensaries currently in operation, and make all use and possession of marijuana a crime.

He faces an uphill battle. Voters in the state approved a medical marijuana program via a 2020 initiative that garnered 68.5 percent of the vote. The measure would need some 17,000 valid voter signatures by the first Tuesday next May to qualify for the 2024 ballot, and beyond Mr. Ismay, there is no sign of any organized campaign to get it done.

Harm Reduction

SAMHSA Invites Comments on Draft Harm Reduction Framework. The National HIV/AIDS Strategy calls for integrated programs to address the syndemic of HIV, STIs, viral hepatitis, and substance use and mental health disorders. This includes facilitating the linkage of HIV services to substance use disorder treatment, syringe services programs, and other evidence-based harm reduction programs.

The Substance Abuse and Mental Health Services Administration (SAMHSA) recently published its draft Harm Reduction Framework and invites public comments via web form, no later than August 14, 2023 at 5:00pm ET. Further information about submitting comments here.

Bill Filed to Prepare Feds for Pot Legalization, Seattle Mayor Unveils New Plan on Open-Air Drug Use, More... (8/1/23)

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

As part of a criminal justice reform bill signed into law by Gov. Pritzker (D), Illinois will reduce drug testing of parolees.
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.

Bipartisan Bill to Let Pot Smokers Get Security Clearances Filed, GA Asset Forfeiture Outrage, More... (7/27/23)

The House approves veterans' medical marijuana and psychedelic research amendments to a must-pass spending bill, a new House bill would clear the way for security clearances for past or present pot smokers, and more.

Jamie Raskin (house.gov
Marijuana Policy

Bipartisan House Bill to Allow Pot Smokers to Get Security Clearances Filed. Reps. Jamie Raskin (D-MD) and Congresswoman Nancy Mace (R-SC) hae introduced the Cannabis Users Restoration of Eligibility (CURE) Act, legislation to prevent prior or current marijuana use from becoming grounds for failing to receive 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 opportunity based on marijuana use the chance to have that denial reviewed.

"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. "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.

Medical Marijuana

House Approves Veterans Medical Marijuana Access and Psychedelic Research Amendments to Defense Spending Bill. The House on Wednesday approved amendments to a large-scale spending bill that would allow Department of Veterans Affairs (VA) doctors to recommend medical cannabis to military veterans and promote research into substances like psilocybin and MDMA.

The medical marijuana measure, which was filed by the co-chairs of the Congressional Cannabis Caucus -- Reps. Brian Mast (R-FL), Earl Blumenauer (D-OR), Dave Joyce (R-OH) and Barbara Lee (D-CA) -- passed in a voice vote.

Their amendment would specifically prohibit the use of VA funds to enforce provisions of an existing directive that bars doctors from making medical cannabis recommendations to veterans.

The House also adopted, by a voice vote, an amendment from Reps. Lou Correa (D-CA) and Jack Bergman (R-MI) that would encourage research into the therapeutic potential of certain psychedelics.

Asset Forfeiture

Georgia Prosecutor Seeks to Seize Landlord's Property Because Tenant Possessed Meth. In a bid to stretch the fabric of asset forfeiture, the Ogeechee Circuit District Attorney's Office is seeking to seize the property of a landlord because of her tenant's alleged drug use. There is no allegation that the landlord was involved with or even aware of the alleged drug use, and there is no allegation that the tenant sold drugs -- only that she possessed them.

The case arose when a January raid of the tenant's home and utility shed turned up methamphetamine and the tenant was arrested on meth possession charges. But the criminal case has since stalled. Six months after the raid, the case has not even made it to the grand jury. There has been no indictment and no action since January.

The District Attorney's Office has nonetheless filed paperwork to seize the property where the tenant was arrested through civil asset forfeiture, which does not require a prior criminal conviction before seizing the property. In this case the property is a third of an acre of land, the utility shed, and a mobile home parked on the property where the tenant resided.

District Attorney Daphne Totten and ADA Barclay Black argued in the filing that the property is 'contraband and subject to forfeiture' because the property "was found in close proximity to the controlled substance, namely methamphetamine" and "was possessed, used, or available for use to facilitate a violation of the Georgia Controlled Substances Act."

The landlord is fighting the attempted seizure, and a hearing is set for tomorrow. Stay tuned.

FL Supreme Court Marijuana Initiative Fight, Peru Coca Expansion, More... (7/26/23)

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.

The gallows. Singapore's implement of choice for dealing with drug traffickers, even small-time ones. (Pixabay)
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.

CA Psychedelic Research Initiative, Colombia Coca Price Crash Causing Misery, More... (7/24/23)

Ab Ohio marijuana legalization initiative needs more signatures but has the time to get them, Singapore is set to hang two more drug offenders, and more.

A Colombia coca farmer. It is hard times in coca land. (DEA.gov)
Marijuana Policy

Ohio Marijuana Legalization Initiative Comes Up Short on Signatures, But Has Ten Days to Get More. A signature gathering campaign by the Coalition to Regulate Marijuana Like Alcohol to put a legalization initiative on the November ballot came up 679 signatures short, according to Secretary of State Frank LaRose (R). The campaign, though, has through August 4 to come up with more.

"It looks like we came up a little short in this first phase, but now we have 10 days to find just 679 voters to sign a supplemental petition -- this is going to be easy, because a majority of Ohioans support our proposal to regulate and tax adult use marijuana," coalition spokesman Tom Haren said in a statement.

The initiative would allow adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to grow plants at home. A 10% tax would support administrative costs, addiction treatment, municipalities with dispensaries and social equity and jobs programs.

Psychedelics

California Initiative Would Create State $5 Billion Psychedelic Agency. A campaign calling itself TREAT California is gearing up for a signature gathering campaign to put an initiative on the 2024 ballot that would create a $5 billion state agency to fund and promote psychedelic research to help speed the federal legalization of substances such as psilocybin and ibogaine.

The initiative would not legalize or decriminalize psychedelics in the state, but wants to create the Treatment, Research, Education, Access and Therapies (TREAT) Institute to look into the therapeutic potential of psychedelics to treat mental health conditions.

"The TREAT Institute will not be a typical government agency; it will be an innovative, effective, and lean organization that will provide a consistent, sustainable funding source," the text of the proposed initiative says. "TREAT California is not a direct decriminalization or legalization effort; and it is not an initiative driven by an elected official," it continues. "Rather, it is a path for citizens to authorize legislative change."

International

Colombia Coca Price Collapse Causing Rural Misery. Over the past two years, the farmgate price of coca has fallen by a third in Cauca department, while in neighboring Narino department, the price of coca paste has dropped from $975 a kilo to around $240.

As a result, a good number of the 400,000 coca-growing families in the country are facing collective impoverishment an acute social crisis. Food insecurity due to price inflation and forced displacements of people in search of brighter prospects are now common.

While there are multiple causes for the price drop, the most direct one appears the massive increase in coca cultivation between 2018 and 2021, which led to an oversupply that sank prices. In addition, cultivation has spread to other countries in South and Central America, and other synthetic drugs, such as fentanyl, have gained ground.

Singapore Set to Hang Two More Drug Convicts. The city-state is set to hang two people convicted of drug offenses this week, including a 56-year-old man convicted of trafficking under two ounces of heroin and a 45-years-old woman sentenced to death for an ounce and a half of heroin. She would be the first woman sent to the gallows in Singapore in nearly 20 years.

Singapore has some of the world's toughest drug laws, including the death penalty for more than 500 grams of marijuana or 15 grams of heroin. At least 13 people have been executed for drug offenses since the government ended a moratorium in place during the coronavirus pandemic.

Amnesty International called on the government to halt the executions: "It is unconscionable that authorities in Singapore continue to cruelly pursue more executions in the name of drug control," Amnesty's death penalty expert Chiara Sangiorgio said in a statement. "There is no evidence that the death penalty has a unique deterrent effect or that it has any impact on the use and availability of drugs. As countries around the world do away with the death penalty and embrace drug policy reform, Singapore's authorities are doing neither," Sangiorgio added.

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