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CA Psychedelic Decriminalization Bill Filed, NJ Marijuana Mess Continues, More... (2/18/21)

A Minnesota marijuana legalization bill moves, Wisconsin's governor calls for legal marijuana, the South Dakota House quashes telehealth for medical marijuana patients, and more.

(Creative Commons)
Marijuana Policy

Minnesota Marijuana Legalization Bill Wins First Committee Vote. The House Commerce Finance and Policy Committee voted 10-7 Wednesday to approve a marijuana legalization bill, House File 600. The bill advanced on a partisan vote, with all Republicans opposed. Republicans control the state Senate, making the bill's prospects cloudy.

New Jersey Marijuana Legalization Standoff. Efforts to advance marijuana legalization implementation legislation remained stymied Thursday after a Senate Judiciary Committee vote on a "cleanup" bill was cancelled for the second day in a row. Legislators and Gov. Phil Murphy (D) remain at loggerheads over how to handle underage marijuana possession. Now, Murphy will likely have to decide whether to approve two pending bills or veto them, which would contradict his campaign promise to legalize marijuana, as well as contradicting the will of the voters, who approved it in a referendum in November. "The governor has two bills on his desk that he has articulated problems with, and it doesn't appear that the Legislature is going to solve those problems," said Bill Caruso, an attorney and founding member of New Jersey United for Marijuana Reform. The governor's deadline to act is noon Friday, although that could be pushed back to Monday.

Wisconsin Governor's Budget Plan Calls for Marijuana Legalization. Gov. Tony Evers (D) on Tuesday released a budget plan that includes legalizing both medical and recreational marijuana. The move comes despite strong resistance in the Republican-controlled state legislature. "The Governor believes it is time to join other states, including two of our neighbors, who have legalized recreational marijuana," an explanatory document from his office said. The proposal would allow adults to possess up to two ounces and grow up to six plants at home.

Medical Marijuana

South Dakota House Votes to Deny Telehealth for Medical Marijuana. The House voted 38-30 on Wednesday to defeat House Bill 1147, which would have allowed medical marijuana patients to use telehealth to consult with practitioners in order to obtain recommendations. One Republican opponent called the idea "premature," while another called it "not ready for prime time." South Dakota okayed medical marijuana with 69% of the vote in November.

Psychedelics

California Psychedelic Decriminalization Bill Filed. State Sen. Scott Weiner (D-San Francisco) filed Senate Bill 519, which would decriminalize the use and possession of psychedelic drugs in the state. "People should not be going to jail for possessing or using drugs," Wiener said. "It's a health issue, not a criminal issue, and I hope that we get all the way there." The bill would also expunge criminal records for people convicted of psychedelic possession offenses and create a task force to address regulatory issues.

Asset Forfeiture

South Dakota Bill Would Limit Asset Forfeiture in Drug Cases. The Senate Judiciary Committee voted Wednesday to approve Senate Bill 164, which would bar asset forfeiture in drug cases where the amount of the drug in question was no more than a personal use amount. The bill would originally have banned asset forfeiture without a criminal conviction but was amended in committee to strip out that section. Under the bill, it would take at least half a pound of marijuana to trigger asset forfeiture. The bill now heads for a Senate floor vote.

Harm Reduction

Arizona Senate Committee Approves Legalizing Drug Testing Strips. The Senate Health and Human Services Committee has approved Senate Bill 1486, which would legalize the use of test strips that can detect the presence of fentanyl, an extremely potent opioid which accounts for a majority overdose deaths in the US, mostly by people who didn't know they were taking it. The test strips are currently considered illegal drug paraphernalia. The bill now heads for a Senate floor vote.

Book Review: Drug Use for Grown-Ups

Drug Use for Grown-Ups: Chasing Liberty in the Land of Fear, by Carl Hart (2021, Penguin Press, 290 pp., $28.00 HB)

Dr. Carl Hart is a one-man drug and drug user destigmatization machine. In his new book, Drug Use for Grown-Ups, the Columbia University psychology professor blasts drug prohibition as both an affront to the American dream of the pursuit of happiness and as a tool of racial oppression. And he makes a strong, informed argument that recreational drug use can be, and usually is, a good thing.

You could hardly find someone more qualified to make the case. Hart has spent years in the trenches of neuropsychopharmacology research, handed out drugs (or placebos) to thousands of research subjects, published numerous scientific papers and popular articles in the field, and risen to the top of his profession along the way. And here is his bottom line:

"[O]ver my more than 25-year career, I have discovered that most drug-use scenarios cause little or no harm and that some responsible drug-scenarios are actually beneficial for human health and functioning. Even 'recreational' drugs can and do improve day-to-day living... From my own experience -- the combination of my scientific work and my personal drug use, I have learned that recreational drugs can be used safely to enhance many vital human activities."

Hart is refreshingly -- and deliberately -- open about his own recreational drug use. Given the stigmatization and persecution of people identified as "drug users," he feels that justice demands privileged partakers come out of the closet and give voice to their own, non-destructive drug use histories as a necessary remedy for that demonization. He certainly does so himself, revealing a disciplined yet curious mind most definitely not averse to sampling various substances.

Those substances include heroin, which he describes as his current favorite drug, one that he's been using episodically for years now: "There aren't many things in life that I enjoy more than a few lines by the fireplace at the end of the day... Heroin allows me to suspend the perpetual preparation for battle that goes on in my head... The world is alright with me. I'm good. I'm refreshed. I'm prepared to face another day, another faculty meeting, another obligatory function. All parties benefit."

But Hart is not quite so mellow when it comes to people and institutions he sees as helping to perpetuate overly negative depictions of various drugs or the persecution of drug users. He rips into Dr. Nora Volkow, head of the National Institutes on Drug Abuse (NIDA) over her "addiction is a brain disease" mantra and the rigid ideological control she has over research funding. He rips into journalists for uncritically and sensationally reporting salacious scientific findings about the evils of drugs that he argues are not supported by the evidence they are supposedly based on. He even calls Bernie Sanders "ignorant" (that word shows up more than a few times) for complaining that marijuana shouldn't be in the same drug schedule as "killer drugs like heroin."

Dr. Carl Hart (Columbia University)
Hart doesn't deny the potential dangers of drug use but makes the case that they are dramatically overstated. In that sense, Drug Use for Grown-Ups is a corrective to more than a century of anti-drug propaganda. In a deep dive into opioids, for instance, he notes that most opioid overdose deaths are actually opioid/benzodiazepines/alcohol deaths, and that a large number of them are due to ignorance (there's that word again) -- in that, in the black market that currently exists, drug users do not and cannot know what exactly is in that pill or powder they purchased.

As long as we are in a prohibition regime, the least we can do is widespread drug testing for quality control, as is done at some European music festivals, Hart argues. But that's the only kind of drug testing he's down with; he calls the urine drug testing industry "parasitic," a sobriquet he also applies to the drug treatment industry.

But hang on, he's not done yet. Although he is an advocate for harm reduction practices, he has a bone to pick with the term itself: It's too damned negative! Drug use doesn't typically involve harm, he argues, but pleasure-seeking. As I pondered this, I came up with "benefit enhancement" as an upbeat alternative to harm reduction, but Hart went with "health and happiness."

And he's got a bone to pick with "psychedelic exceptionalism," the notion, dear to folks like Decriminalize Nature, that psychedelics, or better yet, "plant entheogens," are somehow "better" than dirty old drugs like meth or heroin and thus deserve to be treated differently, more gently. He also snarks at the notion that taking drugs for spiritual or religious purposes is of a higher order than taking them for fun and rebels at the notion of having a shaman or guide during a tripping session: "Some people find this comforting. I find it creepy and have never done so myself."

Drug Use for Grown-Ups is bracing, informative, and provocative contribution to the literature. Even the most ardent drug reformers and defenders would benefit from reading it and reexamining their own assumptions. Maybe Carl Hart is onto something.

AZ "Drug Trafficking Homicide" Bill Filed, HI Marijuana Legalization, Decrim Bills Advance, More... (2/17/21)

Hawaii legislators take up marijuana reform bills, Maryland legislators take up marijuana legalization, and more.

Fentanyl and its analogues are the object of a harsh new drug sentencing proposal in Arizona. (DEA)
Marijuana Policy

Hawaii Marijuana Legalization Bill Advances. The Senate Public Safety, Intergovernmental and Military Affairs Committee voted on Tuesday to approve a marijuana legalization bill, Senate Bill 767. It would legalize possession of one ounce of marijuana or less by anyone who is 21 years old or older.

Hawaii Marijuana Decriminalization Bill Advances. The Senate Committee on Public Safety, Intergovernmental, and Military Affairs also voted on Tuesday to approve Senate Bill 758 would increase from 3 grams to 1 ounce the minimum amount of marijuana that a defendant must possess to be charged with a petty misdemeanor. It would also permit persons previously convicted of possessing 1 ounce or less of marijuana to have the conviction expunged from their criminal record.

Maryland Legislators Hold First Committee Hearing on Marijuana Legalization. The House Judiciary Committee held a hearing Tuesday on a marijuana legalization bill, House Bill 32. No vote was taken. Another marijuana legalization bill, Senate Bill 708, is set to be heard in committee on March 4. HB 32 would legalize up to four ounces of pot by adults, allow home cultivation, allow an unlimited number of microbusiness licenses. That is the main difference with SB 708.

Sentencing Policy

Arizona Bill Would Charge Those Who Provide Drugs Linked to Overdoses with Murder. People who sell or share drugs linked to overdose deaths could face as much as 25 years in prison under a measure, House Bill 2779, that would create the crime of "drug trafficking homicide." The bill would also make people convicted under the charge ineligible for probation or early release. And it would create tougher mandatory minimum sentences for people caught selling or even possessing small amounts of heroin, fentanyl, and fentanyl analogues.

Canada Considers Decrim, DOJ Rescinds Sessions-Era Sentencing Guidance, More... (1/29/21)

State legislatures are dealing with marijuana bills, the Justice Department reverts to less harsh charging and sentencing policies, and more.

Faced with a spiraling drug overdose crisis, the Canadian federal government ponders drug decriminalization. (Pixabay)
Marijuana Policy

Idaho Bill to Amend Constitution to Bar Marijuana Legalization Advances. The measure, a joint resolution, would ban all psychoactive drugs not already legal in the state, but was inspired by fears of marijuana legalization. It was approved Friday in the Senate State Affairs Committee on a party line vote. To become law, the measure would have to pass both the House and the Senate with a two-thirds majority and then be approved by a simple majority of the electorate in the November 2022 general election.

New Hampshire Marijuana Legalization, Home Cultivation Bills Killed. The House Criminal Justice and Public Safety Committee voted Wednesday to retain a marijuana legalization bill, effectively killing it for the rest of the legislative session. The committee also voted to kill a bill that would allow home cultivation of marijuana.

New Jersey Home Cultivation Bill Filed. Even as the legislature and the governor continue to spar over bills decriminalizing and legalizing marijuana after voters approved it in November, Sen. Gerald Cardinale (R-Bergen) has filed S 3407 (not yet available on the legislative website), which would legalize the cultivation of up to six plants by individuals once a legalization bill is signed into law. "The people of New Jersey made it clear in November that they want to lift the prohibition on cannabis," Cardinale said in a statement. "Since then, the Legislature has spent three months fumbling around with what should have been a simple task, and complicated the legalization effort with countless fees, licensing and extra layers of bureaucracy."

Pennsylvania Governor Calls for Adult-Use Marijuana Legalization in 2021 Agenda. Gov. Tom Wolf (D) is calling for marijuana legalization as part of his 2021 agenda, which was released Thursday. "The revenue generated from legalization will be used to support historically disadvantaged small businesses through grant funding and provide them the assistance they need to build back from the economic crisis and strengthen our economy," Wolf said. "Additionally, a portion of the revenue will support restorative justice programs to help the individuals and communities that have been adversely harmed by the criminalization of marijuana."

Medical Marijuana

North Dakota Lawmakers Kill Home Cultivation for Medical Marijuana Patients. A bill that would have allowed registered medical marijuana patients to grow their medicine was unanimously defeated in the Senate Judiciary Committee Thursday.

Sentencing Policy

Justice Department Rescinds Harsh Charging and Sentencing Policy, Reverts to Obama-Era Policy. Acting Attorney General Monty Wilkinson has revoked harsh Justice Department guidance to federal prosecutors imposed by then-Attorney General Jeff Sessions in 2017. Wilkinson reverted to guidance issued by then-Attorney General Eric Holder in 2010, which, in a bid to reduce imprisonment, directed prosecutors to do an individualized assessment of relevant facts in deciding what cases to charge and what sentences to seek. That guidance, though, does not include a 2013 Holder memo directing prosecutors not to seek mandatory minimum sentences in some drug cases.

International

Canada Ponders Drug Decriminalization in Bid to Fight Overdoses. The Canadian federal government is pondering whether to decriminalize drug possession in a bid to tamp down rising drug overdose numbers, a government official told Reuters this week: "A spokesman for Health Minister Patty Hajdu said on Wednesday that decriminalization was under consideration and that discussions with Vancouver were under way but would not comment further." Vancouver has already called on the federal government to let it decriminalize drugs inside the city limits.

NM & UT Safe Injection Site Bills, FL & GA Therapeutic Psilocybin Bills, More... (1/27/21)

There's a marijuana legalization bill filed in Maryland, a second Houston police officer has been indicted on murder charges in a misbegotten drug raid that left two innocent citizens dead, and more.

Marijuana Policy

Maryland Marijuana Legalization Bill Filed. Delegate Jazz Lewis (D-Prince George's County) has filed House Bill 32, which would legalize marijuana and set up a system of taxed and regulated legal marijuana commerce. The bill calls for tax revenues from pot sales to be invested in the state's historically black colleges.

Psychedelics

Florida Therapeutic Psilocybin Bill Coming Soon. State Rep. Michael Grieco (D-Miami Beach) is set to introduce a bill that would legalize psilocybin for therapeutic purposes in the state. The bill is expected to be filed this week. "I know at least two people personally who have gone through microdosing sessions, and they claim it's completely cured their depression," Grieco said. "All this would be doing is creating a controlled environment, where folks can potentially address an issue. We should not be afraid of trying new things, especially if it's controlled and safe."

Hawaii Therapeutic Psilocybin Bill Filed. A bill to legalize the use of psychedelic mushrooms for therapeutic purposes has been filed. Senate Bill 738 would direct the state Health Department to "establish designated treatment centers for the therapeutic administration of psilocybin and psilocyn," the psychoactive compounds in magic mushrooms. The bill would also remove the two substances from the Schedule I of the state's controlled substances list.

Drug Testing

Atlanta Mayor Takes Executive Action Abolishing Pre-Employment Drug Screens for Many Public Employees. Saying municipal drug testing requirements are "outdated and costly barriers to onboarding new talent in the city of Atlanta," Mayor Keisha Lance Bottoms (D) has issued an executive order suspending pre-employment drug tests for city employees not in safety-sensitive positions. Atlanta now joins other major cities, such as New York City and Washington, DC, in eliminating a drug testing requirement as a condition of employment.

Harm Reduction

New Mexico Overdose Bill Would Provide for Safe Injection Sites. Rep. Debbie Armstrong (D-Albuquerque) has filed House Bill 123, which would give localities the authority to set up overdose prevention programs, including safe injection sites, that meet state Health Department guidelines. "Overdose prevention programs in hundreds of other cities across the world have proven to link people who use drugs to treatment and other services, reduce overdose deaths, prevent transmission of HIV and viral hepatitis, and reduce street-based drug use and syringe disposal," says Armstrong. "If we are serious about reducing overdoses, and helping people to feel safe, supported and cared for in order to engage in treatment and recovery, then we have a responsibility to create overdose prevention programs here in New Mexico."

Utah Overdose Bill Would Provide for Safe Injection Sites. State Rep. Jennifer Dailey-Provost (D-Salt Lake City) has filed House Bill 146, which creates an "overdose prevention site," a place for people with substance use disorder to be monitored while actively using opioid drugs. In other words, a safer injection site. "This is in no way, shape, or form a policy that condones drug use or says that it is permissive to do so," she said. "I hope people will look at this with an open mind," she said. She filed the same bill last session, but it went nowhere.

Law Enforcement

Houston Cop Indicted on Murder Charge in Fatal Botched 2019 Drug Raid. Fallout from a misbegotten 2019 drug raid that left a Houston couple dead in their own home continued Monday, as a grand jury indicted Officer Felipe Gallegos on a charge of murder. That now makes 12 officers who have been charged in the incident, with Gallegos being the second one charged with murder. Retired officer Gerald Goines was charged with murder last year as prosecutors accused him of lying to get a search warrant.

Study Finds Meth Deaths Rose Steadily in Recent Years, USSC Charts Rise in Federal Fentanyl Cases, More... (1/25/21)

Marijuana legalization bills are filed in Florida and Hawaii, a bill to protect medical marijuana-using veterans is filed in Congress, and more.

Federal fentanyl prosecutions are rising rapidly, the US Sentencing Commission reports. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Bills Filed. State Rep. Carlos Guillermo Smith (D-Orlando) and state Sen. Jeff Brandes (R-St. Petersburg) have filed companion marijuana legalization bills, HB 343 and SB 710, respectively. The bills would "establish a robust and free-market regulatory approach to the governance of cultivation, processing, and retail sales of both medical and adult-use marijuana." They would legalize up to 2.5 ounces for people 21 and over.

Hawaii Marijuana Legalization Bill Filed. A marijuana legalization bill was filed last week in Honolulu. The bill, SB 704, would set up a system of taxed and regulated marijuana sales, as well as legalizing the possession of up to an ounce of marijuana and allowing for the personal cultivation of up to six plants, of which three can be mature.

Washington State Home Cultivation Bill Advances. A bill that would allow people to grow their own weed at home, HB 1019, was approved by the House Commerce and Gaming Committee on a 7-2 vote last Friday. Although the state has legalized marijuana, home cultivation remains a felony. This bill would allow people to grow up to six plants and keep the fruits of their harvest.

Medical Marijuana

Bill to Protect Veterans Who Use Medical Marijuana Filed in House. Rep. Greg Steube (R-FL) has filed a bill to protect military veterans who are using medical marijuana in compliance with state laws from being penalized. HR 430 would also clarify that Department of Veterans Affairs doctors can discuss the benefits and risks of medical marijuana with their patients. The bill is now before the House Committee on Veterans Affairs.

Heroin and Prescription Opioids

US Sentencing Commission Finds Big Increases in Fentanyl Prosecutions. In a report released Monday, the US Sentencing Commission finds that while fentanyl and fentanyl analogues account for only 5.8% of federal drug trafficking cases, the number of fentanyl cases has doubled each fiscal year since 2015 and the number of fentanyl analog cases has doubled each fiscal year since 2016. Fentanyl cases jumped from 24 to 886, a whopping 3,592% increase, while analog cases jumped from four to 233, an even larger 5,725% increase.

Methamphetamine

Methamphetamine Overdose Deaths Have Risen Sharply, Study Finds. A study supported by the National Institutes of Health finds that meth overdose deaths rose sharply nationwide between 2011 and 2018, with the death rate rising from 4.5 to 20.9 per 100,000 among people aged 25 to 54. The numbers rose across all racial and ethnic groups, but American Indians and Alaska Natives had the highest death rates overall. The research was conducted at the National Institute on Drug Abuse (NIDA), part of the National Institutes of Health.

Feds Loosen Up Buprenorphine Prescribing, VA Marijuana Legalization Bill, More... (1/15/21)

State legislatures are beginning to turn their sights to marijuana legalization, the Trump administration loosens restrictions on prescribing buprenorphine for opioid use disorder, and more.

Virginia Gov. Ralph Northam (D) is supporting marijuana legalization. (virginia.gov)
Marijuana Policy

Indiana State Senator Proposes Marijuana Legalization Bill. State Senator Karen Tallian (D-District 4) has filed Senate Bill 223 to legalize the possession of up to two ounces of marijuana. She also filed Senate Bill 87, which would create a commission to regulate legal forms of cannabis, such as hemp and CBD.

New Mexico Governor Says Marijuana Legalization a Top Priority. Governor Michelle Lujan Grisham (D) announced Wednesday that marijuana legalization will be one of her top legislative priorities this year. In an outline of her proposal, she called for legalization "through legislation that protects the state's medical cannabis program, provides for workplace safety and roadway protections and enforcement and clear labeling of products." She said the same thing last year, but the legalization bill she supported was killed by a Senate committee.

Virginia Governor's Marijuana Legalization Bill Filed. A marijuana legalization bill supported by Governor Ralph Northam (D) was filed Wednesday. Filed by state Senators Louise Lucas (D-Portsmouth) and Adam Ebbin (D-Alexandria), the bill would allow for licensed marijuana sales starting January 1, 2023. The bill would also allow for the personal possession of up to an ounce and envisions a 21% state tax rate, with localities being able to add another 3%.

Drug Policy

Drug Decriminalization Bill Filed in New York. Sen. Gustavo Rivera (D) has filed S1284, which would remove criminal penalties for possessing small amounts of any controlled substance and instead levy fines of $50. Similar measures are being considered by lawmakers in California, Virginia, and Washington, but have not yet been filed.

Drug Treatment

Trump Administration Will Let Most Doctors Prescribe Buprenorphine. Assistant Health Secretary Brett Giroir announced Thursday that the administration has shifted its addiction medicine policy to give more doctors more flexibility to prescribe buprenorphine for opioid use disorder. He cited rising drug overdoses and the coronavirus crisis. "Many people will say this has gone too far, but I believe more people will say this has not gone far enough," Giroir said. "This is a measured, logical, appropriate, evidence-based, and patient-centered intervention that may save tens of thousands of lives." Under the new policy, any doctor with a DEA prescriber license can treat up to 30 patients with buprenorphine, and doctors who have undergone training and receive a waiver can treat up to 275 patients.

International

France to Ask Public Opinion on Legalizing Marijuana. Parliament launched an online questionnaire on marijuana policy Thursday. The idea is to assess public sentiment on the issue before possible legislative actions. "The goal is to inform debate as much as possible. The success of the survey will depend on the largest number of people possible participating," said MP Robin Reda.

Marijuana Policy

Indiana State Senator Proposes Marijuana Legalization Bill. State Senator Karen Tallian (D-District 4) has filed Senate Bill 223 to legalize the possession of up to two ounces of marijuana. She also filed Senate Bill 87, which would create a commission to regulate legal forms of cannabis, such as hemp and CBD.

New Mexico Governor Says Marijuana Legalization a Top Priority. Governor Michelle Lujan Grisham (D) announced Wednesday that marijuana legalization will be one of her top legislative priorities this year. In an outline of her proposal, she called for legalization "through legislation that protects the state's medical cannabis program, provides for workplace safety and roadway protections and enforcement and clear labeling of products." She said the same thing last year, but the legalization bill she supported was killed by a Senate committee.

Virginia Governor's Marijuana Legalization Bill Filed. A marijuana legalization bill supported by Governor Ralph Northam (D) was filed Wednesday. Filed by state Senators Louise Lucas (D-Portsmouth) and Adam Ebbin (D-Alexandria), the bill would allow for licensed marijuana sales starting January 1, 2023. The bill would also allow for the personal possession of up to an ounce and envisions a 21% state tax rate, with localities being able to add another 3%.

Drug Policy

Drug Decriminalization Bill Filed in New York. Sen. Gustavo Rivera (D) has filed S1284, which would remove criminal penalties for possessing small amounts of any controlled substance and instead levy fines of $50. Similar measures are being considered by lawmakers in California, Virginia, and Washington, but have not yet been filed.

Drug Treatment

Trump Administration Will Let Most Doctors Prescribe Buprenorphine. Assistant Health Secretary Brett Giroir announced Thursday that the administration has shifted its addiction medicine policy to give more doctors more flexibility to prescribe buprenorphine for opioid use disorder. He cited rising drug overdoses and the coronavirus crisis. "Many people will say this has gone too far, but I believe more people will say this has not gone far enough," Giroir said. This is a measured, logical, appropriate, evidence-based, and patient-centered intervention that may save tens of thousands of lives." Under the new policy, any doctor with a DEA prescriber license can treat up to 30 patients with buprenorphine, and doctors who have undergone training and receive a waiver can treat up to 275 patients.

International

France to Ask Public Opinion on Legalizing Marijuana. Parliament launched an online questionnaire on marijuana policy Thursday. The idea is to assess public sentiment on the issue before possible legislative actions. "The goal is to inform debate as much as possible. The success of the survey will depend on the largest number of people possible participating," said MP Robin Reda.

Federal Appeals Court Rules Planned Philadelphia Safer Injection Site Violates Drug Law [FEATURE]

With a decision Tuesday, the 3rd US Circuit Court of Appeals has brought to a screeching -- if hopefully temporary -- halt for efforts to establish a groundbreaking permitted safer injection facility in the city of Philadelphia. In the case of US v. Safehouse, the nonprofit group set to run the site, the court held that allowing the supervised onsite consumption of illegal drugs "will break the law" because it conflicts with a 35-year-old amendment to the Controlled Substances Act aimed at crack houses.

The Vancouver safer injection site. We still can't have those in America. Yet. (vcha.ca)
Never mind that the city is in the midst of an opioid overdose epidemic and needs to try something new after decades of failed prohibitionist drug policies. The sanctity of the drugs laws must be maintained, the court held: "Though the opioid crisis may call for innovative solutions, local innovations may not break federal law," it opined.

This is just the latest twist in the years-long effort to address an opioid overdose outbreak in the city that began about a decade ago, with overdose deaths nearly doubling between 2009 and 2018 and numbering more than a thousand a year every year since 2016. The crisis led to the formation of a Mayor's Task Force to Combat the Opioid Epidemic in Philadelphia, which issued a final report and recommendations in 2017 calling on the city to consider rolling out overdose prevention services, including safe injection sites, or, as Safehouse refers to them, overdose prevention sites.

Safehouse was formed to make that possibility a reality. Led by Jose A. Benitez, the executive director of the harm reduction group Prevention Point Philadelphia, Safehouse picked up a powerful ally in board member Ed Rendell, the former governor of the state and mayor and district attorney of Philadelphia. With Rendell's clout, the organization had overcome local obstacles and was preparing to open the first legal safe injection site in the country when Attorney General William Barr's Justice Department struck.

The US Attorney for the Eastern District of Pennsylvania filed a civil lawsuit in February 2019 asking a federal judge to find safe injection sites illegal under the Controlled Substance Act's "crack house" statute, throwing plans to open up into limbo. Eight months later, the court held that "the ultimate goal of Safehouse's proposed operation is to reduce drug use, not facilitate it, and accordingly, [the "crack house" statute] does not prohibit Safehouse's proposed conduct."

A February 2020 ruling from the same court reiterated the legality of safe injection sites in the Eastern District, but that summer, the judge ordered Safehouse to pause amidst the coronavirus pandemic and the police violence protests. Meanwhile, the US Attorney appealed the ruling that the proposed safe injection site was legal, with oral arguments held in November, and the 3rd Circuit's decision issued this week.

The Justice Department pronounced itself pleased.

"The Court's decision reaffirms that 'safe' injection sites are a violation of federal law," said Acting Attorney General Jeffrey A. Rosen in a statement. "The Department supports efforts to curb the opioid crisis ravaging this country, but injection sites are not the solution. There are more productive ways to address drug abuse, and today's ruling by the Third Circuit has confirmed that these sites are illegal and therefore not the answer."

"The rule of law is still alive and well in Philadelphia -- having been re-affirmed by the U.S. Court of Appeals for the Third Circuit, which held that it is a federal crime to open a heroin injection site or 'consumption room' for illegal drug use," added US Attorney for the Eastern District of Pennsylvania William M. McSwain. "The 3rd Circuit's opinion is a faithful reading of the statute's plain language and is consistent with Congress's intent to protect American neighborhoods from the scourge of concentrated drug use."

Reform advocates saw it quite differently.

"As the COVID-19 pandemic is exacerbating the already devastating overdose crisis, the Third Circuit's reversal of the earlier court's decision -- which held that safe consumption sites do not violate federal law -- will inevitably result in the unnecessary loss of countless lives," Lindsay LaSalle, managing director of policy for the Drug Policy Alliance (DPA), said in a statement. "The 3rd Circuit's decision is misguided -- it is abundantly clear that Congress never intended to criminalize legitimate public health interventions through [the 'crack house' statute]."

The 3rd Circuit's decision is precedential, meaning it holds throughout the district, which includes Delaware, New Jersey, Pennsylvania, and the US Virgin Islands. But other jurisdictions, such as San Francisco and New York City, where similar efforts are underway, are not bound by it, and DPA is encouraging groups pursuing such efforts to "continue to work toward authorization and implementation of supervised consumption sites to address the overdose crisis in their cities and states."

There may be help coming in the new Congress and Biden administration as well. Advocates say they will seek action in Congress to clarify that safer injection facilities should be permitted, and from the Biden Justice Department to provide guidance to US Attorneys to lay off on them.

CDC Says Drug ODs Hit Record High Amid Pandemic, NJ Legalization Lacks Home Grow Provision, More... (12/21/20)

Another Mexican politican gets gunned down, the Scottish public health minister has been fired over record overdose deaths, and more.

This could still get you up to five years in prison even after legalization in New Jersey. (Creative Commons)
Marijuana Policy

New Jersey's Marijuana Decriminalization and Legalization Bills Have No Provision for Home Cultivation, Which Remains a Serious Felony. The bills to implement voter-approved marijuana legalization and to decriminalize possession in the meantime have no provisions allowing for the home cultivation of the plant. Under current state law, growing one plant is punishable by up to five years in prison, while growing 10 plants could earn up to 20 years behind bars. That strikes long-time Garden State activist Ed "NJ Weedman" Forchion as unjust, to say the least. "Big guys, corporations, they can violate federal law in the state of New Jersey and grow tons of marijuana," Forchion argued. "But a little housewife down in South Jersey wants to grow 10 plants in her backyard, she'll be treated as a first-degree felon."

Drug Policy

US Drug Overdose Deaths Hit Record High During Coronavirus Pandemic, CDC Says. The year ending in May 2020 saw more than 81,000 drug overdose deaths, according to a new update from the Centers for Disease Control and Prevention (CDC). Although drug overdose deaths were already rising after a blip downward in 2018, the CDC suggested the coronavirus was playing a role. "The disruption to daily life due to the COVID-19 pandemic has hit those with substance use disorder hard," CDC Director Dr. Robert Redfield said in a statement. "As we continue the fight to end this pandemic, it's important to not lose sight of different groups being affected in other ways. We need to take care of people suffering from unintended consequences."

International

Former Governor of Mexico's Jalisco State Gunned Down in Puerta Vallarta. Former Jalisco Governor Aristoteles Sandoval was assassinated in the beach resort town of Puerta Vallarta last Thursday night as he ate in a restaurant. He was initially shot while in the restaurant restroom, and when his security team dragged him outside, they were ambushed. No one has claimed responsibility for the killing, but it comes amidst a rising tide of violent conflict among Mexican cartels and between the cartels and the police and military. "Sandoval's murder is one of several attacks and killings of Mexican government officials in recent years," said Maureen Meyer, the Mexico Director at the Washington Office on Latin America, a think tank. "This rising violence and insecurity speaks to the Mexican government's ongoing challenge to effectively combat organized criminal organizations that continue to expand their influence in the country."

Scottish Health Minister Fired as Overdose Deaths Hit Record High. Public Health Minister Joe FitzPatrick has been forced out of his job after the country recorded its highest ever number of drug overdose deaths. First Minister Nicola Sturgeon ousted him as opposition Labor and Liberal Democrats called for his resignation after drug deaths jumped to 1,264, twice the number in 2014. Sturgeon has appointed Angela Constance as a full-time minister for drugs to replace him.

NJ to End Pot Possession Prosecutions, OR County to End Drug Possession Prosecutions, More... (11/27/20)

The impact of voters' choices earlier this month is beginning to be felt, a new poll has New Yorkers ready to legalize marijuana, Vancouver's city council votes to move toward drug decriminalization, and more.

Drug decriminalization begins to take hold in Oregon, so we're going to be seeing less of this. (Creative Commons)
Marijuana Policy

New Jersey Attorney General Orders End to Marijuana Possession Prosecutions. In a Wednesday letter to city, county, and state prosecutors, Attorney General Gurbir Grewal ordered them to put a halt to small-time marijuana possession prosecutions until at least January 25. "It simply does not make sense or serve justice to proceed with prosecutions on charges that may be foreclosed soon through legislative action," Grewal said in a statement. "Fairness demands that we suspend prosecution of marijuana possession-related cases while we await direction from the Legislature.".

New York Poll Has Support for Marijuana Legalization at All-Time High. A Sienna College poll released Tuesday has support for legalizing marijuana at an all-time high, with 60% saying it is time to free the weed. That's up five points from the same poll in February, when 55% supported it. Meanwhile, the number of people who opposed it dropped from 40% in February to 32% now.

Medical Marijuana

New Jersey Court Rules State Must Change "Unreasonable" System to Decide Who Can Sell Medical Marijuana. A three-judge appellate court ruled Wednesday that the state's system for determining who get can medical marijuana dispensary licenses was not transparent, created confusion in the industry, and was "unreasonable." The court threw out a 2018 decision awarding six licenses and ordered the health department to come up with a better rating system.

Drug Policy

Oregon County to End Low-Level Drug Possession Prosecutions. Prosecutors in Clackamas County, just outside Portland, sent a letter to local police chiefs Monday telling them that while they disagreed with voters' decision to decriminalize drug possession earlier this month, they will heed their wishes and drop drug possession cases. "Having officers investigate and submit cases for a prosecution in the weeks leading up to February 1, which will not lead to any sanction or court supervised treatment, is not the most effective use of criminal justice resources," the prosecutor's office said.

International

Canadian Government Gives Formal Response to Petition to Decriminalize Psychedelics. Responding to a petition presented to parliament signed by more than 15,000 Canadians calling for the decriminalization of psychedelics, government ministers formally replied that no such move would take place until psychedelics underwent further study. The ministers also pointed to ways some people could obtain exemptions to use them legally despite federal prohibition.

Vancouver City Council Unanimously Approves Motion to Seek Decriminalization of Drug Possession. The Vancouver city council voted unanimously Wednesday to approve a motion asking the federal government to let it decriminalize simple drug possession. The motion was spearheaded by Mayor Kennedy Stewart, who cited high drug overdose death numbers. "On the same day that the B.C. Coroners Service confirmed that a person a day continues to die in our city due to drug overdose, Vancouver has once again decided to lead the way on drug policy in order to save lives," Stewart said. "If approved by the federal government, we will begin a robust process to determine how decriminalization will be implemented in Vancouver."

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