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Harm Intensification

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Scotland Calls for Drug Decrim, Germany Unveils Draft Legalization Bill, More... (7/7/23)

Florida's governor signs a bill allowing medical marijuana patients to use telehealth, a trio of Pennyslvania medical marijuana bills is heading for a Senate floor vote, and more.

Florida medical marijuana patients will be able to re-up using telehealth once a new law goes into effect. (Pixabay)
Medical Marijuana

Florida Governor Signs Bill Okaying Telehealth for Medical Marijuana. Gov. Ron DeSantis (R) has quietly signed into law a measure allowing the use of telehealth to renew medical marijuana recommendations, House Bill 387. To obtain a medical marijuana patient card, however, an in-patient examination by a physician is still required.

Pennsylvania Bill to Allow Medical Marijuana for Any Condition AdvancesA bill that would loosen up the state's medical marijuana program, most notably by eliminating the requirement that a patient have a specified medical condition to qualify for its use, has passed the Senate Law & Justice Committee on a 10-1 vote.

Senate Bill 835 would also eliminate the expiration date on medical marijuana cards, allow medical marijuana to be sold in edible form, and give independent medical marijuana growers and processors additional retail dispensary permits.

The committee also passed Senate Bill 538, which also allows for medical marijuana edibles, as well as vaping, and Senate Bill 773, which also allows new licenses for growers and processors. All three bills now head for a Senate floor vote.

International

Germany Unveils Draft Marijuana Legalization Bill. The Health Ministry has released a draft of its proposed marijuana legalization bill, providing it to state officials and the public for review. The bill would allow people over 18 to possess up to 25 grams of marijuana and grow up to three plants for personal use, but they would not be allowed to extract oils or more concentrates from their harvests. It would also set rules for the creation of social clubs where members could purchase marijuana.

Officials are also planning to introduce a complementary second measure that would establish pilot programs for commercial sales in cities throughout the country.While the first pillar of the draft law is expected to be taken up by the cabinet next month, the pilot program for commercial sales is set for later this year after consultations with European Union officials.

Scottish Government Calls for Drug Decriminalization, British Home Office Says No Way. Scotland's Drugs Policy Minister Elena Whitman has announced that the government is calling for drug possession to be decriminalized, saying people should be "treated and supported rather than criminalized and excluded." It is also calling for British law to be changed to allow for safe injection sites, as well as for more drug checking and more access to emergency treatment for drug overdoses.

"The war on drugs has failed," she said. "That's a fact. I don't think we can dispute that. Our current drug law does not stop people from using drugs, it does not stop people from experiencing the harm associated and, critically, it does not stop people from dying. "In fact, I would say today here, that criminalization increases the harms people experience. Criminalization kills."

The Tory Home Office in London, which controls drug policy across Britain, was having none of it: "Illegal drugs destroy lives and devastate communities," a Home Office spokesman said. "We are committed to preventing drug use by supporting people through treatment and recovery and tackling the supply of illegal drugs, as set out in our 10-year drugs strategy. We have no plans to decriminalize drugs given the associated harms, including the risks posed by organized criminals, who will use any opportunity to operate an exploitative and violent business model."

Delaware Fentanyl/Xylazine Test Strip Pilot, SAFE Banking Act Could Get Committee Vote, More... (7/6/23)

A bipartisan marijuana legalization bill is filed in Pennsylvania, New York puts legal weed sales at farmers markets on hold, and more.

A farmers market. There is no weed for sale at New York farmers markets -- at least not yet. (Pixabay)
Marijuana Policy

Senate SAFE Banking Act Committee Vote Could Come This Month. Key senators have said they want to hold a vote on the long-awaited Safe and Fair Enforcement (SAFE) Banking Act (S. 1323) this month as the Senate reconvenes after the 4th of July holiday. Senate Banking Committee Chairman Sherrod Brown (D-OH) said he would "like" to hold a vote this month but that "it depends" on whether unrelated bills the committee has already passed make it to a Senate floor vote.

Similarly, bill sponsor Sen. Jeff Merkley (D-OR) said legislators were "going to do a deep plunge now and try to set the stage, hopefully, for a markup when we return from break."

The bill, which repeatedly passed the House in previous years only to die in the Senate, would provide state-legal marijuana businesses with access to the financial system. Currently, the industry must deal almost exclusively with cash, leaving workers and owners vulnerable to theft and robbery.

New York Governor Delays Plan to Allow Legal Weed Sales at Farmers Markets. Gov. Kathy Hochul (D) is pausing a program to allow licensed marijuana growers and retailers to sell marijuana at farmers markets before it even got started. The Office of Cannabis Management (OCM) had announced the plan last month as part of an effort to help legal growers sitting on a mountain of weed -- more than 300,000 pounds -- because of the extreme slowness of opening up state-licensed retail outlets. Only 16 retailers and delivery services are open across the state.

But the Hochul administration made clear Wednesday that farmers market sales were not happening yet. "We are committed to the success of New York's equitable cannabis industry, and are always open to considering opportunities to strengthen the program. No final decisions have been made with respect to farmers markets," said Office of Cannabis Management spokesman Aaron Ghitelman.

The industry isn't happy: "The failure to roll out the farmer's market program is just the latest in OCM's long list of broken promises," said Rev. Kirsten John Foy, spokesman for the Coalition for Access to Regulated & Safe Cannabis. OCM has been ineffective at every turn; growers, CAURD licensees, disabled veterans, workers, consumers, medical cannabis patients and individuals harmed by cannabis prohibition are paying the price for its ineptitude -- all while the illicit market booms."

Pennsylvania State Senators File Bipartisan Marijuana Legalization Bill. Sens. Dan Laughlin (R-49) and Sharif Street (D-3) have introduced bipartisan legislation, Senate Bill 846, to legalize adult use of marijuana in Pennsylvania.

"Legalized adult use of marijuana is supported by an overwhelming majority of Pennsylvanians and this legislation accomplishes that while also ensuring safety and social equity," said Laughlin. "With neighboring states New Jersey and New York implementing adult use, we have a duty to Pennsylvania taxpayers to legalize adult-use marijuana to avoid losing out on hundreds of millions of dollars of new tax revenue and thousands of new jobs."

The legislation would grant licenses to sell marijuana to social and economic equity applicants while providing room for new and existing licensees to ensure demand in Pennsylvania is met. Moreover, it expunges non-violent marijuana convictions for medical marijuana patients, which has also been championed in a bipartisan fashion, and goes further to expunge all nonviolent marijuana convictions.

Harm Reduction

Delaware Begins Pilot Program to Test for Both Fentanyl and Xylazine. State health officials have launched a pilot program to test substances for the presence of both fentanyl and xylazine, the veterinary tranquilizer known as "tranq" that has now made its way into unregulated drug markets. The testing strips used detect the presence of either drug.

The test strip is the new HARMGuard FX test strip and cost about $3 each -- although the price could go down with bulk orders. The state initially ordered 500 of the test strips.

Civil Asset Forfeiture Reform Bill Advances in House, RI House Passes Psilocybin Decriminalization, More... (6/15/23)

Oklahoma's governor vetoes a medical marijuana regulation bill, Texas's governor signs into law a bill allowing murder prosecutions for fentanyl overdose deaths, and more.

Texas will now allow prosecutors to seek murder charges in cases of fentanyl overdoses. (Creative Commons)
Medical Marijuana

Oklahoma Governor Vetoes Medical Marijuana Regulation Bill. Gov. Kevin Stitt (R) has vetoed a bill that would have imposed more regulations on the state's medical marijuana industry, Senate Bill 437. Among other provisions, the bill would have required the Oklahoma Medical Marijuana Authority to maintain a registry of physicians recommending medical marijuana and would have required dispensary workers to comply with continuing education requirements. Stitt did not issue a veto message or give any other indication of why he vetoed the bill.

Opiates and Opioids

Texas Governor Signs into Law Bill Allowing Murder Charges for Fentanyl-Related Overdose Deaths. Gov. Greg Abbott (R) on Wednesday signed into law House Bill 6, which increases penalties for selling and distributing fentanyl and allows prosecutors to seek murder charges for fentanyl makers or sellers if someone dies as a result of a fentanyl overdose.

"Fentanyl is an epidemic that very simply, is taking too many lives," Abbott said during the bill signing ceremony. "Because of the courageous partnership of grieving family members Texas legislators and our office, we are enshrining into law today new protections that will save lives in Texas."

The legislature's commitment to saving lives of fentanyl users only goes so far, though. A bill that would have legalized fentanyl test strips died in the Senate after passing the House.

Psychedelics

Rhode Island House Approves Psilocybin Decriminalization Bill. The House on Monday approved House Bill 5923, which would decriminalize the possession of personal use amounts of psilocybin, the psychedelic compound in magic mushrooms. The bill would also allow for the therapeutic use of psilocybin to treat chronic mental disorders if the Food & Drug Administration approves it.

"This is a step toward addressing mental health treatment in a modern way based on evidence and research," said bill sponsor Rep. Brandon Potter (D). "Psilocybin can be used safely, both recreationally and therapeutically, and for our veterans and neighbors who are struggling with chronic PTSD, depression and addiction, it can be a valuable treatment tool. Adults in our state deserve the freedom to decide for themselves and have access to every treatment possible, rather than have our state criminalize a natural, non-addictive, effective remedy."

The bill would allow people to possess up to one ounce of psychedelic mushrooms or grow mushrooms containing psilocybin at home for personal use. It would also require the Rhode Island Department of Health to create rules for the use of psychedelic mushrooms.

Companion legislation, Senate Bill 0806, awaits action in the Senate.

Asset Forfeiture

House Judiciary Committee Approves Civil Asset Forfeiture Reform Bill. The House Judiciary Committee on Wednesday unanimously approved HR 1525, the Fifth Amendment Integrity Restoration (FAIR) Act, clearing the way for a House floor vote on the measure.

Sponsored by Reps. Jamie Raskin (D-MD) and Tim Walberg (R-MI), the act would increase the burden of proof on law enforcement and prosecutors to show that the seized property is related to criminal activity. It would also shorten the time authorities have to return seized goods. And it eliminates administrative forfeiture, forcing law enforcement to seek a court order before seizing property.

"This can create a perverse incentive to seize and sell the private property of potentially innocent citizens to increase agency revenues, despite some states' efforts to protect property rights," Judiciary Committee Chair Rep. Jim Jordan (R-OH) said. "The result is a system that unjustly infringes on the liberties of innocent American citizens."

SAFE Banking Act to Get Committee Vote Soon, Study Finds Opioid Busts Could Increase ODs, More... (6/8/23)

A federal bill to fund university research on medical maerijuana gets filed, a federal asset forfeiture reform bill moves, and more.

Overdose deaths are prompting old punitive responses and possible new, more effective responses. (Pixabay)
Marijuana Policy

SAFE Banking Act to Get Senate Committee Vote Within Weeks, Chairman Says. Sen. Sherrod Brown (D-OH), chairman of the Senate Banking Committee, has said that the Secure and Fair Enforcement (SAFE) Banking Act (S. 1323) would get a committee vote within weeks. "We’re looking at markup on the fentanyl issue, the executive compensation issue, and the Safe Banking Act issue and we want to do all that in the next two or three weeks,"Brown said.

The bill would give state-legal marijuana businesses access to the American banking system. Previous efforts to advance the bill stalled in the last few congressional sessions. But Sens. Jeff Merkley (D-OR), Steve Daines (R-MT), and Reps. Dave Joyce (R-OH) and Earl Blumenauer (D-OR) refiled the bill in their respective chambers in April.

Medical Marijuana

New Federal Bill Would Appropriate Millions for Medical Marijuana Research. This week Congresswoman Dina Titus (D-NV) and Congressman Joe Neguse (D-CO) introduced the Higher Education Marijuana Research Act of 2023, legislation that would eliminate obstacles to the academic research of cannabis, protect universities and researchers who study it, and promote the responsible study of marijuana.

While 38 states have legalized marijuana for medicinal use and 23 states including Nevada and Colorado have legalized it for recreational use, myriad federal rules and regulations create barriers to academic research. The bill would establish a new grant program within the National Institutes of Health to fund studies assessing cannabis’ medical benefits. It would appropriate up to $150 million in federal funding for university-sponsored medical cannabis research. The legislation also permits academic institutions to purchase state-licensed cannabis products for the purpose of "biological, chemical, agricultural, or public health research."

Asset Forfeiture

House Judiciary Committee Subcommittee Approves Asset Forfeiture Reform Bill. The House Judiciary Committee's Subcommittee on the Constitution and Limited Government on Tuesday voted to advance the Fifth Amendment Integrity Restoration (FAIR) Act of 2023 (HR 1525). The bill passed the subcommittee with bipartisan support and now awaits a full committee vote.

The bill would require that before seizing cash or property law enforcement show "a substantial connection between the property and the offense" and that the owner "used the property with intent to facilitate the offense" or "knowingly consented or was willfully blind to the use of the property by another in connection with the offense."

The bill would also eliminate the "equitable sharing" program under which state and local law enforcement agencies circumvent state asset forfeiture laws by turning cases over to the feds, who return 85 percent of the proceeds to the state or local law enforcement agency. And it would require that seizures be approved by a federal judge, not an administrative agency, such as the DEA, and that any funds go to the Treasury's general fund, not the fund of the seizing agency.

Drug Policy                                                       

Wisconsin Legislature Approves Bill to Increase Penalties in Overdose Deaths. With a final vote in the Assembly Wednesday, the legislature has approved a bill that increases maximum prison sentences for people who produce or sell drugs that cause another person's death, Senate Bill101. The bill would increase the maximum penalty from 25 years to 40 years in prison and increase the maximum period of supervision from 15 years to 20 years.

The bill comes as the state reported a record high number of overdose deaths in 2021 and easily passed both chambers. The only opposition to the bill comes from the ACLU of Wisconsin

"While reducing rates of overdose deaths is certainly an urgent priority, SB 101 won't alleviate the crisis," ACLU of Wisconsin policy analyst Jon McCray Jones said. "An extensive body of research - as well as our own lived experiences - tells us that punitive drug laws don't reduce drug use, substance abuse disorder, or overdoses."

Law Enforcement

. A new study found that when law enforcement agencies seize illicit opioids, fatal overdoses in the vicinity of the seizure increase over the next three weeks.

"This casts doubt on the core assumption of state and federal drug policy and suggests that police officers intending to protect the public’s health and safety may be inadvertently exacerbating harms such as fatal overdose," the study’s authors wrote.

The report does not say that drug raids caused the uptick in overdoses, but one of the study’s authors laid out a potential reasoning in a tweet: a person addicted to drugs does not simply stop using because police disrupt their supply. Instead, they go into withdrawal. They get more and more desperate, more willing to acquire drugs from dealers they don’t know. By the time they get new drugs, their tolerance likely decreased, putting them at risk of an overdose.

"Unknown tolerance, unknown potency, reduced risk aversion, and no margin for error in safely dosing fentanyl can all lead to increased fatal overdose observed in our study," Brandon del Pozo, an assistant professor of health services, policy and practice and an assistant professor of research at Brown University, wrote on Twitter.

Almost 1 million people have died from an overdose across the US in the past 20 years. The report proposes forming public safety partnerships where organizations can step in and assist people who use drugs after police perform a seizure; such groups could provide overdose prevention services, outreach and refer people to care.

"As drug markets become less predictable and morbidity and mortality among people who use drugs increases, it is critical that communities not only create low barrier access to evidence-based treatment but also implement harm reduction strategies that directly address supply-side drivers of accidental overdose," the report reads. "Naloxone distribution, drug-checking, and overdose prevention sites are strategies first developed and implemented by people who use drugs that can be facilitated or enhanced by law enforcement cooperation through exceptions or ‘carve-outs’ of drug criminalization to protect public health."

Taliban Opium Ban is Working, New Coalition Pushes for Weed Rescheduling, More... (6/6/23)

White House holds summit on reducing overdose toll, Nevada psychedelic study bill goes to governor, and more.

Opium poppies are becoming a rare sight in Afghanistan after the Taliban ban. (UNODC)
Marijuana Policy

New Coalition of Major Marijuana Groups Launches Push for Scheduling Reform. A new coalition of marijuana companies and advocacy groups calling itself the Coalition for Cannabis Scheduling Reform announced Tuesday that it is launching a campaign to reschedule marijuana even as it pushes for full-on legalization. The group will work with advocates, stakeholders, lawmakers and administration officials to promote education about the need to remove marijuana from Schedule I of the Controlled Substances Act (CSA).

That is a less bold position than that held by advocacy groups calling for outright legalization, but the coalition says that moving marijuana to Schedules III, IV or V of the CSA would still represent "historic progress." that shouldn’t be discounted.

The coalition includes Acreage Holdings, American Trade Association for Cannabis & Hemp (ATACH), Columbia Care, Cresco Labs, Curaleaf, Dutchie, Green Thumb Industries, Marijuana Policy Project, National Cannabis Roundtable, Scotts Miracle-Gro, US Cannabis Council, Weldon Project, and Vicente LLP.

Advocates of full-on legalization warn that placing marijuana in another, less restrictive schedule (as opposed to completely descheduling it) could wreak havoc in existing legal marijuana markets and lead the way to further big business consolidation within the industry.

Psychedelics

Nevada Assembly Approves Psychedelic Task Force Bill. A bill to create a working group to study psychedelics and develop plans to allow for regulated access for therapeutic purposes that has already passed the Senate, Senate Bill 242, passed  the Assembly on Sunday. When introduced, the bill had language legalizing psilocybin and promoting research into the psychedelic, but it was amended in the Senate to now have only the working group, which would examine the use of psychedelics "in medicinal, therapeutic, and improved wellness." The bill now goes to the desk of Gov. Joe Lombardo (R).

Drug Policy

At White House Summit, Biden Administration Vows Renewed Effort to Fight Drug Overdoses. At a White House summit held jointly with public health officials from Canada and Mexico, the Biden administration vowed to improve its fight to combat drug overdoses, which took 109,000 lives last year. Administration officials pledged a multifaceted approach to tackling illicit drugs, especially fentanyl.

"Today's summit is needed because the global and regional drug environment has changed dramatically from just even a few years ago," Rahul Gupta, director of the White House Office of National Drug Control Policy (ONDCP, the drug czar's office), told the summit. "Synthetic drugs have truly become a global threat," he added. "Today, we're here to ... look at how our collective response can be improved, and the role data collection has on saving lives," Gupta said.

International

Taliban Opium Ban Is Taking Hold. An April 2022 prohibition on opium-growing from Taliban leader Hibatullah Akhundzada did not result in significant reductions in cultivation last year, but this year is different. The BBC traveled the country, consulted with farmers, government ministers, and experts, and used satellite analysis to report the following:

"The Taliban leaders appear to have been more successful cracking down on cultivation than anyone ever has. We found a huge fall in poppy growth in major opium-growing provinces, with one expert saying annual cultivation could be 80% down on last year. Less-profitable wheat crops have supplanted poppies in fields - and many farmers saying they are suffering financially."

"It is likely that cultivation will be less than 20% of what it was in 2022," said Afghanistan drug trade expert David Mansfield. "The scale of the reduction will be unprecedented. The high resolution imagery of Helmand province shows that poppy cultivation is down to less than 1,000 hectares when it was 129,000 hectares the previous year," said Mansfield, noting that would be a 99 percent reduction in the crop in that formerly key opium-producing province.

Farmers aren't happy, though: "You're destroying my field, God destroy your home," one woman shouted angrily at a Taliban eradication unit as they razed her poppy field.

PA Makes Xylazine a Controlled Substance, Swiss Capital Wants Pilot Cocaine Sales Program, More... (6/5/23)

A Louisiana pot poll shows strong support for legalization, a California bill to allow pot shops to sell food and drink as well is moving in the Assembly, and more.

The Swiss capital, Bern, wants to start a pilot program of supervised cocaine sales. (Pixabay)
Marijuana Policy

California Assembly Approves Bill to Allow Marijuana Cafes. The Assembly last week approved Assembly Bill 374, which would allow weed retailers to offer food and drinks if they receive local approval. Alcohol sales and tobacco smoking would continue to be prohibited. The bill from Assemblymember Matt Haney (D) passes overwhelmingly on a 59-9 vote and now heads to the Senate.

"The legal cannabis industry is struggling," Haney said on the floor. "Issues like an over-saturation, high taxes and thriving black market are hurting cannabis businesses who follow the rules and pay taxes. AB 374 allows local governments to authorize the preparation and sale of non-cannabis foods and soft drinks at licensed cannabis consumption lounges," he said. "To be clear this does not allow coffee shops to sell cannabis. It allows cannabis shops to sell coffee with pre-approval from local governments. It shouldn’t be illegal for an existing cannabis business to move away from only selling marijuana and instead have the opportunity to grow, thrive and create jobs by offering coffee or live jazz. Ironically, how the law is written now, we require cannabis shops to only sell drugs," Haney said. "We believe that if these businesses want to move away from that model and sell muffins and coffee, they should be able to do that. This will support our small businesses, with local government autonomy."

Louisiana Poll Has Strong Support for Marijuana Legalization. A new poll from Louisiana State University has 70 percent of respondents saying they support legalizing the possession of "small amounts" of marijuana and 90 percent saying they support medical marijuana. Pollsters said the poll revealed a "substantial increase over the past decade in support for legalizing marijuana for recreational use."

The state has a limited medical marijuana program and decriminalized the possession of up to a half ounce in 2021, but efforts to move forward with legalization have gone nowhere in the legislature so far.

Psychedelics

Nevada Assembly Committee Approves Psychedelic Working Group Bill. A bill to create a working group to study psychedelics and develop plans to allow for regulated access for therapeutic purposes that has already passed the Senate, Senate Bill 242, passed is first Assembly hurtle last Friday, winning approval from the Assembly Health and Human Services Committee. It now heads for an Assembly floor vote.

When introduced, the bill had language legalizing psilocybin and promoting research into the psychedelic, but it was amended in the Senate to now have only the working group, which would examine the use of psychedelics "in medicinal, therapeutic, and improved wellness."

Drug Policy

Pennsylvania Temporarily Makes "Tranq" Drug Xylazine a Controlled Substance. Responding to the spread of the veterinary tranquillizer xylazine into the illicit street drug market, along with the lesions it creates on users and its danger (it is often mixed with opioids but does not respond to naloxone), the Department of Health has moved to limit access to the drug by temporarily listing it as a Schedule III substance. Placing xylazine on Schedule III—as opposed to just banning it—preserves legitimate use by veterinarians and farmers.

"This action will protect veterinarians and other legitimate users and manufacturers of xylazine, which is an important medication for animal sedation, while also creating penalties for people who add illicit xylazine to the drug supply that is harming people in our communities," said Acting Secretary of Health Dr. Debra Bogen . "Our focus remains on developing strategies that help connect people with substance use disorder to treatment and other resources." 

International

Swiss Capital City Wants Pilot Program for Cocaine Sales. The city parliament has voted 43-18 to approve a motion from the Alternative Left to extend a pilot program with marijuana sales to include cocaine sales. The marijuana pilot program is set to begin this fall. City parliamentarians said supervised sales could lead to better control of the stimulant drug.

A similar proposal was narrowly rejected by the Bern parliament in 2019, but this year's version was more restrictive, winning enough support from the Social Democrats to get the measure passed—and send a strong signal to the federal government about where the capital city wants to go. 

The Punitive Prohibitionist Approach to Drug Use During Pregnancy is Killing Women [FEATURE]

How to deal with substance abuse during pregnancy is a fraught issue, generating harsh sanctions against pregnant women who use drugs or who lose their fetuses before birth and are drug users. According to data compiled by Pregnancy Justice, the advocacy group formerly known as National Advocates for Pregnant Women, prosecutors filed more than 1,300 criminal cases against pregnant women between 2006 and 2020, a rate of more than a hundred a year. They are almost always poor women of color.

Hardnosed prosecutors and child protection agencies enabled by state and federal laws use a number of techniques and statutes to go after pregnant women who use drugs. As compiled by the Guttmacher Institute, a research and policy group committed to advancing sexual and reproductive health and rights, they include:

  • Making drug use during pregnancy a crime. Such laws have been upheld by state Supreme Courts in Alabama and South Carolina.
  • Several states have expanded their civil child-welfare requirements to include prenatal substance use, so that prenatal drug exposure can provide grounds for terminating parental rights because of child abuse or neglect.
  • Some states, under the rubric of protecting the fetus, authorize civil commitment (such as forced admission to an inpatient treatment program) of pregnant people who use drugs; these policies sometimes also apply to alcohol use or other behaviors.
  • A number of states require health care professionals to report or test for prenatal drug exposure, which can be used as evidence in child-welfare proceedings.
  • To receive federal child abuse prevention funds, states must require health care providers to notify child protective services when the provider cares for an infant affected by illegal substance use.

But now, a growing number of experts, including maternal/fetal specialists, federal health officials and people who treat addiction, are saying that such responses are counterproductive. Women who feel subject to prosecution may avoid health care entirely or may shy away from interventions such as a medication-assisted treatment (MAT) with opioids such as methadone or buprenorphine, increasing their likelihood of fatal overdoses. Overdoses are a eading cause of preventable death among pregnant women.

A study published this week in the Maternal and Child Health Journal of 26 pregnant Massachusetts women found that the decision whether or not to use MAT "was entirely wrapped up in what happened with respect to mandated reporting to Child Protective Services at the time of delivery," according to Dr. Davida Schiff, the study author and an addiction medicine specialist at Massachusetts General Hospital in Boston. The women underwent "intense anxiety and stress" about the threat they would be reported to child protective services.

"This has led to many women either deciding to not start life-saving medication during pregnancy or to wean off of that life-saving medication during pregnancy and really risk poor outcomes for themselves and their babies," Schiff said.

That someone is using drugs while pregnant "does not diagnose anyone's ability to parent," said Dr. Hendrée Jones, executive director of the University of North Carolina's Horizons Program, a drug treatment program. "I have a woman getting ready to deliver, and she is terrified that somehow they're going to find drugs in her system and Child Protective Services is going to be called and her baby's going to be snatched away," Jones said.

"Across the entire country, we're seeing a general trend toward more punitive policies, and those are kind of the policies that consider substance use during pregnancy to be child abuse or neglect," said Laura Faherty, a policy researcher at the RAND Corporation.

The head of the National Institute on Drug Abuse (NIDA), Dr. Nora Volkow, also thinks things have gone too far.

"We should remove criminalization of women who are pregnant and taking drugs," she said. "That needs to stop. We know that mortality from overdoses is greater in women that are pregnant than counterparts of the same age that are not pregnant. This is extraordinarily important because it's telling us that there's something that is making these pregnant women more vulnerable."

The need for change from punitive prohibitionist policies is urgent. A 2019 study found that the rate of opioid-related diagnoses among pregnant women more than doubled between 2010 and 2017, with ongoing research suggesting another big increase after 2017. And a 2022 study found that the number of pregnant women and new mothers dying of drug overdoses reached a record high in 2020, nearly doubling to11.85 per 100,000 from 6.56 per 100,000 in 2017.

Punitive prohibitionist policies are not working. It is time for another approach.

MN Becomes 23rd Legal Marijuana State, OH Court Rules on Drug-Using Pregnant Women, More... (5/30/23)

A bid to condemn Canada's safe supply drug policy in British Columbia fails in Parliament, Vermont's governor signs an overdose prevention omnibus bill into law, and more.

An Ohio appeals court has ruled that pregnant women who use drugs cannot be prosecuted under a state law. (CC)
Marijuana Policy

Minnesota Becomes 23rd Legal Marijuana State. With the signature Tuesday of Gov. Tim Walz (DFL) on a reconciled bill, the state became the 23rd to legalize marijuana and the second this year. Delaware legalized it earlier this year. Passage of the bill after years of effort came after the Democratic Farm Labor Party won majorities in both houses of the legislature. Marijuana use and possession will be legalized as of August 1, but it is likely to take a year or longer to get the state's legal marijuana commerce system up and running

Harm Reduction

Vermont Governor Signs Omnibus Overdose Prevention Bill into Law. Gov. Phil Scott (R) last Thursday signed into law an omnibus overdose prevention bill, House Bill 222. The move comes as the state sees its third year in a row of record drug overdose fatalities. The bill contains measures aimed directly at reducing overdoses, such as funding to launch drug-checking services around the state and providing for liability protection. It also contains provisions aimed at breaking down barriers to receiving drug treatment, such as reducing wait times for preauthorization for medication-assisted treatment and expanding the availability of recovery and sober living homes. The measures are being funded with $8 million the state received from settlements with opioid manufacturers and distributors.

Pregnancy

Ohio Appeals Court Rules Law that Criminalizes Providing Drugs to Pregnant Women Does Not Apply to the Pregnant Woman Herself. Last week, Ohio's 5th District Court of Appeals ruled that it is not a crime for a pregnant women to administer illicit drugs to herself. The ruling came in the case of Muskingum County woman who was found guilty of violating a law that makes it a crime to "administer a controlled substance to a pregnant woman" after she confessed to injecting fentanyl in the hospital parking lot before entering the hospital to deliver her baby. In overturning the verdict, the appeals court held that the administration of drugs must be done by another person—not the pregnant woman herself. As a result, similar cases against four other women have been suspended and the woman in the original case has been released from prison. Prosecutors say they will appeal.

International

Canadian Conservatives' Motion to Condemn Liberals' Safe Supply Drug Policies Fails. A motion from Conservative Party Leader Pierre Poilievre to condemn the Liberal federal government's drug policies, and especially its decision to fund the supply of pharmaceutical alternatives as alternatives to illicit street drugs in the province of British Colombia, failed to pass in the House of Commons last Friday. BC's safe supply approach comes as some 35,000 Canadians have died of drug overdoses since 2016. Poilievre argued that the "tax-funded drug supply" fueled addiction rather than recovery and suggesting diverting money from that program into drug treatment. His motion called on the House to "immediately reverse its deadly policies and redirect all funds from taxpayer-funded, hard drug programs to addiction, treatment and recovery programs." But the House didn't buy it. 

Fatal Drug Overdoses Rose Only Slightly Last Year, White House Prods Naloxone Makers, More... (5/17/23)

Pot isn't the only thing you can buy in some Los Angeles-area pot shops, overdose deaths appear to have plateaued last year, and more.

Magic mushrooms are being sold openly in some Los Angeles-area pot shops even though they're still illegal. (Creative Commons)
Psychedelics

Los Angeles Pot Shops Are Openly Selling Magic Mushrooms. Some Los Angeles-area marijuana retailers are openly selling psilocybin mushrooms even though they remain prohibited under state and federal law. (A measure that would decriminalize them, Senate Bill 58, is currently before the legislature.) The sellers are responding to high demand for the popular psychedelics.

In one Los Angeles County shop visited by the Los Angeles Times, customers must hand over their drivers' licenses to a receptionist and put away their cell phones before being buzzed into a secured room to check out the psychoactive wares. A large glass jar is "filled to the brim with stubby mushrooms, which have brown caps and psilocybin's characteristic bluish tint," while other jars filled with "mushroom-infused" liquids are also on offer. As are chocolate bars with magic mushrooms and magic mushroom gummies.

The flouting of the drug laws is not without risk. The LA County Sheriff's Department says it has served search warrants at about 50 pot shops selling magic mushrooms in the last six months alone In April 2022, the department reported making 227 arrests at "illegal marijuana dispensaries" and seizing thousands of pounds of marijuana, as well as "29 pounds of mushrooms."

"They won't typically openly sell them," said Lt. Jay Moss of the Sheriff's Department's narcotics bureau. "They'll usually have a small amount -- two to 10 pounds, I'd say -- of mushrooms, and you have to ask for it because they don't have it on display. They might be somewhere out of view, like in the back. We investigate and serve search warrants at these illegal dispensaries in attempts to shut them down," he said. "The analogy is kind of like whack-a-mole: you shut them down and they reopen in another location."

Harm Reduction

White House Seeks to Prod Naloxone Makers. The Biden administration is seeking to prod manufacturers of the opioid overdose reversal drug naloxone to increase access to the drug and lower its cost. Dr. Rahul Gupta, head of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) "plans to have conversations with manufacturers to share his key principle moving forward: the easier it is for people to access naloxone, the more lives we can save," an ONDCP spokesperson said. The planned meeting is part of Biden administration efforts "to ensure naloxone is both accessible and affordable to everyone who may need it," the spokesperson added.

American health regulators approved an over-the-counter version of Narcan earlier this year. The Food and Drug Administration approved the first generic version of the drug in 2021.

Public Health

Fatal Drug Overdoses Hit Record High Last Year but Appear to Be Plateauing. Drug overdose deaths increased slightly last year after jumping mightily during the coronavirus pandemic, according to new data from the Centers for Disease Control and Prevention (CDC) suggesting that the increase in overdoses is leveling off. The CDC estimates the overdose death toll last year at 109,680, up two percent over the 107,622 deaths in 2021. But the increase is far lower than the 30 percent increase in 2020 and the 15 percent increase in 2021.

"The fact that it does seem to be flattening out, at least at a national level, is encouraging," said Katherine Keyes, a Columbia University epidemiology professor whose research focuses on drug use. "But these numbers are still extraordinarily high. We shouldn't suggest the crisis is in any way over."

DEA Extends Telehealth for Buprenorphine, Colombia Legal Pot Bill Advances to Senate, More... (5/10/23)

Washington State bans discrimination against potential new hires over off-the-job marijuana use, Senate drug warriors file a bill aimed at counterfeit pills, and more.

Legal marijuana is one step closer in Colombia after it won approval in the Chamber of Representatives. (irin.org)
Marijuana Policy

Washington Becomes Latest State to Ban Pre-Employment Tests for Marijuana. Gov. Jay Inslee (D) has signed into law Senate Bill 5123, which bars employers from using a positive test for marijuana to disqualify potential new hires. As of January 1, 2024, it will be "unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon: (a) The person's use of cannabis off the job and away from the workplace; or (b) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids." Employers can, however, still punish employees for positive marijuana test results even if the use was off-the-job and there are exemptions for certain safety-sensitive employers.

Drug Policy

DEA Extends Pandemic Telehealth Prescribing Rules, Including for Buprenorphine. The Drug Enforcement Administration (DEA) has extended under November 11 rules created during the pandemic that allow for the prescribing of controlled substances via telehealth. The agency says it will make a final decision on whether to make the changes permanent before the current extension expires. The rule has drawn the interest of drug reformers because it allows for telehealth access to buprenorphine, which is used to treat opioid use disorder.

Senators File Bill to Attack Counterfeit Pill Production. Senate Caucus on International Narcotics Control co-chair Sen. Charles Grassley (R-IA), Sen. Dianne Feinstein (D-CA), and Sen. Maggie Hasan (D-NH) have filed a bill that seeks to halt a surge in counterfeit pills containing methamphetamine, fentanyl, or fentanyl analogues, the Stop Pills that Kill Act.

The bill does not mandate new or increased criminal penalties but requires the DEA to come up with a plan to address the problem within 180 days and requires the agency, the Office of National Drug Control Policy (ONDCP -- the drug czar's office), and the attorney general to file an annual report "on information regarding the collection and prosecutions of counterfeit fentanyl and methamphetamine substances." The bill would, however, "ensure that existing penalties for possessing paraphernalia used to manufacture methamphetamine would also apply to possessing paraphernalia used to make counterfeit pills that contain methamphetamine, fentanyl and fentanyl analogues."

The bill is endorsed by a variety of anti-drug groupings, including the National Narcotic Officers' Associations Coalition, Community Anti-Drug Coalitions of America, Song for Charlie, Victims of Illicit Drugs, Major Cities Chiefs Association and National District Attorneys' Association. But the bill's purpose, if not its precise language, could be consistent with the harm reduction approach as well, in in this case by helping drug users avoid taking pills that they think are one thing but are really another.

International

Colombia Chamber of Representatives Approves Marijuana Legalization; Bill Now Heads to Senate for Final Votes. A marijuana legalization bill has won final approval in the Chamber of Representatives and now heads to the Senate, where it must win a committee vote before heading for a final Senate floor vote. The bill passed the lower chamber by a vote of 98-57. A legalization bill passed both chambers last year but since it is in the form of a constitutional amendment, it has to be passed by both chambers in two separate calendar years.

Drug War Issues

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