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Harm Intensification

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AG Garland Moves to End Cocaine Sentencing Disparities, BC Decriminalization Granted, More... (12/19/22)

Kansas City, Missouri, dismisses open marijuana cases, Colombia Congress advances marijuana legalization bill, more...

Attorney General Merrick Garland (DOJ)
Marijuana Policy

Tennessee Lawmaker Will File Marijuana Legalization Bill. State Sen. Heidi Campbell (D-Nashville) said last Friday she plans to cosponsor a marijuana legalization bill with Rep. Bob Freeman (D-West Nashville) in the coming session. Previous attempts at passage of such a bill have come up short, but Campbell is ready to try again: "We're filing a full legalization bill," Campbell said. "We are in the process of modifying our last bill and haven't filed it yet."

Kansas City Dismisses Hundreds of Marijuana Cases Following Statewide Legalization Vote. Municipal court workers in the Missouri city have "dismissed over 500" open marijuana cases since statewide marijuana legalization took effect on December 8. Voters statewide approved legalization in the November election. City officials depenalized pot possession in 2020 and had already dismissed over 2,400 marijuana cases. They now report no remaining open marijuana misdemeanor cases in the city.

Opiates and Opioids

Senate Passes END FENTANYL Act in Bid to Reduce Drug Smuggling. The Senate last Thursday passed SB 4460, the "Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life (END FENTANYL) Act." This legislation would require the Commissioner of US Customs and Border Protection (CBP) to update agency policies at least once every three years, and require the Commissioner of CBP to review and update the Office of Field Operations' policies and handbooks at least once every three years. It would also require the Commissioner to report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives about the changes.

Sentencing Policy

US Attorney General Moves to End Crack/Powder Cocaine Sentencing Disparities. In a memo to federal prosecutors last Friday, Attorney General Merrick Garland instructed them to file charges that avoid mandatory minimum sentences that are triggered by small amounts of crack cocaine in small-time, nonviolent cases. For decades, crack has been treated more harshly in federal sentencing even though there is no scientific basis for it, and that has led to "unwarranted racial disparities," Garland wrote. "They are two forms of the same drug, with powder readily convertible into crack cocaine."

But Garland's move could last only as long a his tenure in office. To permanently end sentencing disparities between the two forms of the drug, Congress would have to act. The House passed such a bill last year, and there are still hopes that the Senate will pass its version of the bill, S.2156, as part of an omnibus appropriations bill before the current session ends.

International

British Columbia Drug Decriminalization to Last for Three Years. The decriminalization of the possession of up to 2.5 grams of drugs such as heroin, methamphetamine, an cocaine in the Canadian province, which was granted by the federal government as an emergency measure in the face of an overdose epidemic, has now been set to begin on January 31, 2023, and will be extended until January 31, 2026. The BC Coroners Service reports 1,827 fatal drug overdoses so far this year.

Colombia House and Senate Agree on Marijuana Legalization Bill. The Chamber of Representatives and the Senate have both voted to reconcile their differing versions of a marijuana legalization bill, clearing the way for final votes to come early in the new year. The bill must again pass both chambers because it is a constitutional amendment, and a key Senate sponsor of the bill says it should be formally enacted by June. In final negotiations, lawmakers agreed to limit marijuana consumption and marketing in public spaces and near school zones. They also agreed to have the law go into effect 12 months after final passage.

White House Extends National Drug Trafficking Emergency, OTC Naloxone Could Be Coming, More... (12/13/22)

Kansas lawmakers will push for a medical marijuana bill when the session begins in January, Connecticut's dispensaries will be able to sell to any adult beginning in January, and more.

The opioid overdose reversal drug naloxone. There is a move afoot to make it available OTC. (Creative Commons)
Marijuana Policy

Connecticut Recreational Marijuana Sales Set to Begin January 10. The state Department of Consumer Protection, which regulates marijuana in the state, has announced that the state's seven existing medical marijuana dispensaries had "successfully completed the necessary steps for conversion to a hybrid license," allowing them to also sell to the adult recreational market beginning January 10. Sales will be limited to a "a total of ¼ ounce of cannabis flower or its equivalent per transaction," according to the DCP. The move comes more than a year and a half after Gov. Ned Lamont (D) signed a marijuana legalization bill into law.

Medical Marijuana

Kansas Lawmakers Plan to Introduce Medical Marijuana Bill at Start of Session Next Month. Since the end of the last legislative session, members of the Special Committee on Medical Marijuana have been meeting, compiling data, and evaluating research, and now they say they are ready to file a medical marijuana bill at the beginning of the session beginning next month. "I think what I’m going to do is — and any member is more than welcome — is to take this information and create the bill," said. Sen. Rob Olson (R-Olathe), chair of the medical marijuana committee. "And I’m going to work on a bill with a couple members and then if anybody wants to sign on in the Senate, they’ll be more than able to sign onto that bill and introduce it at the beginning of session." He also called on House lawmakers to file similar legislation. "I think that’s probably the best way forward," Olson said. Kansas is one of the 13 states that have still not legalized medical marijuana.

Foreign Policy

White House Formally Continues Drug Trafficking State of National Emergency. The White House on Monday issued an executive order continuing a state of national emergency "to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by global illicit drug trafficking." Noting that drug overdoses are killing tens of thousands of Americans each year, the order warns that: "Drug cartels, transnational criminal organizations, and their facilitators are the primary sources of illicit drugs and precursor chemicals that fuel the current opioid epidemic, as well as drug-related violence that harms our communities.  International drug trafficking — including the illicit production, global sale, and widespread distribution of illegal drugs; the rise of extremely potent drugs such as fentanyl and other synthetic opioids; as well as the growing role of Internet-based drug sales — continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.  For this reason, the national emergency declared in Executive Order 14059 of December 15, 2021, must continue in effect beyond December 15, 2022.  Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 14059 with respect to global illicit drug trafficking."

Harm Reduction

Major Drug Maker Applies to Sell Over-the-Counter Naloxone. In a move that addiction experts say could save tens of thousands of lives, a major drug maker has applied to sell the opioid overdose reversal drug naloxone over-the-counter. Emergent BioSolutions is now seeking permission to sell the drug without a prescription and says the Food and Drug Administration (FDA) has agreed to fast-track its review. A decision is expected by the end of March. Drug policy experts agreed that making naloxone more widely available is an important step in reducing drug overdoses but raised one concern: price. If OTC naloxone is too expensive, many people using drugs on the street just won't buy it, said University of North Carolina drug researcher Nabarun Dasgupta. "If we have this resource scarcity mentality that this is an expensive product, this is a special product, then people will not take enough kits to do what they need to do."

Fed Judge Gives DOJ Only One-Month Extension in Safe Injection Site Case, More... (12/8/22)

Moves are afoot to rein in Oregon's underground marijuana production, an Iowa law is blocking health authorities from including fentanyl test strips in harm reduction boxes, and more.

Illegal marijuana grow in Jackson County, Oregon. (Jackson County SO)
Marijuana Policy

Oregon 1Bill Would Double Penalties for Illicit Marijuana Grows. Faced with massive unpermitted marijuana growing—police have seized 105 tons of weed this year—and a rising chorus of complaints from police, legal growers, and neighbors, lawmakers have prepared a draft bill that would double maximum prison sentences and fines for unlawful manufacture of more than 100 plants and possession of more than two pounds in public or eight pounds at home. Under the proposed bill, the maximum sentence would jump from five years to 10 and the maximum fine  would jump to $250,000. The bill would also punish property owners for environmental damage and prohibit the use of water (which is owned by the state) for unlicensed marijuana grows. Voters approved legalization in 2014, at least partly on the grounds it would reduce illegal grows, but legalization proponents now say illicit grows will be a problem until the plant is legalized nationwide.

Harm Reduction

Federal Court Gives Justice Department One Month to Respond in Philadelphia Safe Injection Site Case. A federal judge has given the Justice Department just a one-month extension before it has to respond in a lawsuit about the legality of a proposed Philadelphia safe injection site. The Trump administration Justice Department sued to block Safehouse from opening in 2019, and the Biden Justice Department has continued the case while seeking repeated extensions as it talked with Safehouse But when Justice asked for another extension, Safehouse balked at the requested two-month delay, and the judge subsequently cut that request in half. Once it comes, the Justice Department's response should shed some light on whether the agency will or will not continue to challenge the legality of safe injection sites. The department said in February it was evaluating the sites, including discussions about appropriate "guardrails" for them, but with yet another extension request this month, Safehouse's patience is growing thin. "Safehouse did not consent to today’s DOJ request for more time," the group said the day of the filing, noting that the case "has been pending for almost four years." As the group noted, "more than 3,600 lives have been lost in Philadelphia to the opioid overdose crisis" while the case has been ongoing.

Iowa Law Blocks Fentanyl Test Strips from Being Included in Harm Reduction Boxes. The Polk County (Des Moines) Health Department is adding harm reduction boxes at its office and urgent care locations around the city. The boxes will include tourniquets, cotton filters, and needle disposal containers, but not fentanyl test strips, which are considered drug paraphernalia under state law. The Health Department said it supports changing that law, but that has not happened yet. Lawmakers in at least five other states—Alabama, Georgia, New Mexico, Tennessee, and Wisconsin—have taken that action this year.  

Another Poll Shows Supermajority for Marijuana, OH Fentanyl Test Strip Bill Moving, More... (11/30/22)

A push is on to get marijuana on the ballot in Ohoi next year, the UNODC warns Bolivia about synthetic drugs such as fentanyl, and more.

Fentanyl test strips can save lives. (Creative Commons)
Marijuana Policy

Poll: Nearly Three in Four Likely Voters Support "Ending the Federal Ban" on Marijuana, Other Federal Reforms. A new poll from the progressive-leaning Data for Progress finds 74 percent of likely voters say that they "support ending the federal ban on marijuana." Eighty-five percent of Democrats, along with 74 percent of Independents and 63 percent of Republicans, endorsed repealing federal prohibition. Similar levels of support were evidenced for allowing state-legal marijuana programs "lawful access to US financial systems," not barring workers in the marijuana industry from accessing federal benefits, and not removing people from federally assisted housing in jurisdictions where marijuana is legal.

Ohio Advocates Push to Get Adult-Use Cannabis Legalization Measure on 2023 Ballot. The Coalition to Regulate Marijuana Like Alcohol has begun signature gathering to put a marijuana legalization initiative on the November 2023 ballot. The campaign now has about eight weeks to collect 130,000 valid voter signatures to qualify for the ballot. In the meantime, under a court settlement, the legislature will take up the measure in January, and i-- it fails to pass it, it will go before voters—provided the campaign has come up with the required signatures. The initiative would allow people 21 and over to possess and consume marijuana, which would come with a 10 percent sales tax.

Harm Reduction

Ohio Fentanyl Test Strip Decriminalization Bill Wins Committee Vote. A bill to try to reduce drug overdose deaths by decriminalizing the possession of fentanyl test strips, House Bill 456, won a final House committee vote Monday before heading to a House floor vote Wednesday. The bill’s sponsor, Rep. Kristin Boggs(D-Columbus)described the change as "one more avenue"to avoid overdose.  Ohio saw 5,204 people die of drug overdoses in 2020, 81 percent of them involving fentanyl. Similar legislation has been filed in the Senate.

International

UN Says Growth of Bolivian Coca Crop Slows but Warns of Synthetic Drugs. The UN Office on Drugs and Crime (UNODC) and the European Union warned Bolivia about the presence of synthetic drugs in the national market even as they acknowledged a slow-down in the increase of coca production. UNODC said coca cultivation had increased 4 percent in 2021, the lowest increase in recent years, but the Bolivian government challenged that figure, saying there had actually been a slight decrease. But fentanyl was also on the UNODC's mind: "There were seizures of synthetic drugs including fentanyl, an opioid that causes a large number of deaths in Europe. There is a national market. This is a problem for us and it will be for Bolivia", said Trolls Wester, UNODC Bolivia representative.

Report on Options for Safe Injection Sites, Berkeley Could Decriminalize LSD, More... (11/28/22)

Irish opposition parties are talking drug reform, the Congressional Research Service issues a report on how to get around legal proscriptions on safe injection sites, and more.

LSD in blotter acid form. There is a proposal in Berkeley to decriminalize it. (Creative Commons)
Psychedelics

Berkeley Ponders Becoming First City to Decriminalize Not Just Natural Psychedelics But LSD, Too. A proposed ordinance to decriminalize natural psychedelic drugs such as magic mushrooms that has been under study in the city for the past three years may be expanded to include the synthetic hallucinogen LSD as well. A pair of Berkeley community health commissioners are promoting the move, saying that LSD meets the definition of a psychedelic and that "nobody deserves to go to jail for having a psychedelic experience." They have now rewritten the 2019 proposed ordinance to include LSD, prompting Decriminalize Nature, the original sponsors o the ordinance to now oppose it. The Community Health Commission is set to vote Tuesday on whether to refer the rewritten ordinance to the city council. At least 15 towns or cities across the US have passed natural psychedelic decriminalization or lowest priority ordinances, but Berkeley's would be the first to include LSD.

Harm Reduction

Congressional Research Service Provide Options for Allowing Safe Injection Sites The service, a nonpartisan agency that provides information on all kinds of issues to Congress, has issued a report highlighting the "uncertainty" of the federal government's position on safe injection sites, but also pointing out that the facilities could operate securely if Congress passed legislation barring the Justice Department from interfering with them, similar to actions it has taken to allow state medical marijuana laws to be implemented. The Trump administration Justice Department filed a lawsuit to block a Philadelphia safe injection site from opening, and the Biden Justice Department has so far shown much less enthusiasm for attacking the harm reduction facilities, but their fate remains uncertain. While the Biden administration is evaluating the legality of the facilities, CRS said: "Congress could resolve that uncertainty by enacting legislation. If Congress decided to allow supervised consumption sites to operate, it could consider the breadth of such authorization. One option would be to exempt supervised consumption sites from CSA control entirely" Or Congress could approve a temporary spending bill rider "to exempt from federal prosecution facilities operating in compliance with state and local law, as it has done with state-sanctioned medical marijuana activities." A third option "would be for Congress to impose specific registration requirements for supervised consumption sites under the CSA, as it has done for entities that administer medication-assisted treatment for opioid addiction," CRS continued. The report is Recent Developments in Opioid Regulation Under the Controlled Substances Act.

International

.Two opposition parties are championing major reforms in drug policy, albeit with two distinct proposals. People Before Profit's Gino Kenny has filed a private members' bill to decriminalize the possession of up to seven grams of marijuana, while the Labor Party is proposing a broader drug decriminalization bill. Kenny said marijuana prohibition is "a waste of time and resources" and that "there is a groundswell of opinion for a different narrative and a different status quo." The Labor Party, meanwhile is set to file its drug decriminalization bill Wednesday, with proponents arguing again that persecuting drug users was a waste of the police and the courts' time. But Minister of State at the Department of Health Frank Feighan said that the current government follows a drug strategy that embodies a "health-led rather than a criminal justice approach to drug use," it has no plans to decriminalize any drugs. 

More Than 300,000 Pot Arrests in 2020, FDA Points Toward OTC Naloxone, More... (11/17/22)

Congress passes a marijuana research bill, a bipatisan pair of senators file a psychedelic research and rescheduling bill, and more,

The FDA is moving to make the opioid overdose reversal drug naloxone over-the-counter. (Creative Commons)
Marijuana Policy

Despite Legalization in Nearly Half the Country, More Than 300,000 People Were Arrested for Marijuana in 2020. Some 317,79 people were arrested on marijuana charges in 2020, according to the FBI. That is a 36 percent decline from 2019, but it still the equivalent of arresting every resident of a mid-size city such as Orlando, Corpus Christi, or Riverside, California. The marijuana arrest figure is also for the first time not the most common cause for a drug arrest, with 36 percent of drug arrests for stimulants such as cocaine and methamphetamine, compared to 27 percent for arresting marijuana. Black Americans continued to bear the brunt of marijuana law enforcement, accounting for 38 percent of all pot arrests despite making up only 13 percent of the population.

Congress Passes Marijuana Research Bill. With a final vote in the Senate Wednesday, both houses of Congress have approved the Medical Marijuana and Cannabidiol Research Expansion Act (HR 8454). The bill now goes to the desk of President Joe Biden (D). If he signs it, it will open the way to further research into the medical benefit of marijuana and CBD. Under the bill, the DEA must allow registered entities to manufacture, distribute, dispense, and possess marijuana for research purposes. "There is substantial evidence that marijuana-derived medications can and are providing major health benefits. Our bill will make it easier to study how these medications can treat various conditions, resulting in more patients being able to easily access safe medications,: said Sen. Dianne Feinstein (D-CA), who introduced the bill along with Sens. Chuck Grassley (R-IA) and Brian Schatz (D-HI). Oregon Rep. Earl Blumenauer (D) introduced the bill in the House.

Harm Reduction

FDA Announces Preliminary Assessment that Certain Naloxone Products Have the Potential to be Safe and Effective for Over-the-Counter Use. The US Food and Drug Administration on Wednesday issued a Federal Register notice, Safety and Effectiveness of Certain Naloxone Hydrochloride Drug Products for Nonprescription Use, that may help facilitate the development and approval of certain nonprescription naloxone drug products, including through the switch of certain naloxone drug products from prescription status to nonprescription status. Naloxone is a medicine that can help reduce opioid overdose deaths and when administered timely, usually within minutes of the first signs of an opioid overdose, can counter the overdose effects. "Today’s action supports our efforts to combat the opioid overdose crisis by helping expand access to naloxone," said FDA Commissioner Robert M. Califf, M.D. "The agency will keep overdose prevention and reduction in substance use disorders as a key priority and area of intense strategic focus for action as rapidly as possible."

Psychedelics

Cory Booker, Rand Paul File Bill to Reschedule Psychedelic Breakthrough Therapies and Remove Research Barriers. Sens. Cory Booker (D-NJ) and Rand Paul (R-KY) filed a bill on Thursday that would require the Drug Enforcement Administration (DEA) to transfer breakthrough therapies like psilocybin and MDMA from Schedule I to II, while also removing research barriers for strictly controlled substances, the Breakthrough Therapies Act. The move came on the same day that House lawmakers announced the formation of psychedelic caucus aimed at promoting new treatments from currently controlled substances. The bill would amend the Controlled Substances Act to create a procedure where current Schedule I drugs could be designated as breakthrough therapies could be transferred to a lower schedule that would make it easier to research them and promote drug development.

KY Governor Signs MedMJ Executive Order, AMA Endorses Fentanyl Test Strips, More... (11/16/22)

A congressional committee takes up marijuana legalization, Pennsylvania's governor signs a fentanyl test strip bill into law, and more.

Marijuana got a hearing on the Hill Tuesday. (Creative Commons)
Marijuana Policy

Congressional Committee Holds Hearing on Marijuana Legalization. The House Oversight Subcommittee on Civil Rights and Civil Liberties held a hearing Tuesday on marijuana legalization. Led by Chairman Jamie Raskin (D-MD), the committee examined "Developments in State Cannabis Laws and Bipartisan Cannabis Reforms at the Federal Level," using a joint memo published last Friday to lay out the main points of discussion.

Witnesses included Woodfin (Mayor of Birmingham, Alabama), Paul Armentano (Deputy Director of NORML), Andrew Freedman (Executive Director of Coalition for Cannabis Policy, Education, and Regulation [CPEAR]), Eric Goepel (Founder and CEO of Veterans Cannabis Coalition), Keeda Haynes (Senior Legal Advisor of Free Hearts), Amber Littlejohn (Policy Advisor of Global Alliance for Cannabis Commerce), and Jillian Snider (Policy Director of Criminal Justice & Civil Liberties). Among topics covered were the failed war on drugs, the need for state-level action to accompany President Biden's marijuana pardon announcement, veterans' access to medical marijuana, and hemp's potential as a building material. No votes were taken.

Medical Marijuana

Kentucky Governor Signs Executive Order Allowing Some Residents to Use Medical Marijuana. Gov. Andy Beshear (D) on Tuesday signed an executive order allowing patients who meet certain requirements to use and possess medical marijuana. Those eligible must suffer from one of 21 specified medical conditions. The medicine must be purchased in a state where it is legal (and keep your receipt!) and will be limited to eight ounces. Patients must get a letter from a physician certifying that they suffer from one of the specified conditions. The plan goes into effect on January 1.

Harm Reduction

AMA Reiterates Call for Harm Reduction Measures to Attack Overdose Problem. At its annual interim meeting this month, the American Medical Association passed a resolution encouraging the use of harm reduction practices to reduce overdose deaths in the county. The resolution called on city and state medical societies to advocate for harm reduction policies that create immunity for "drug paraphernalia" used in harm reduction, such as fentanyl test strips. "Fentanyl test strips are a point-of-care test that identifies fentanyl contamination in a drug supply with a specificity of 87.5% and a sensitivity of 95.2%," the resolution notes, but also notes that "possession of fentanyl test strips is explicitly legal in only 22 states."

But it is not just fentanyl test strips that the AMA wants to see: "The AMA has strongly supported increased use of a broad array of harm-reduction efforts to reduce death and other harms from nonmedical use of drugs, including for people who inject drugs," the group said. "These efforts include greater access to naloxone, syringe services programs and pilot programs for overdose prevention sites/supervised injection-use facilities. Fentanyl strips are part of this effort, and we urge states to take steps to help a vulnerable population."

Pennsylvania Governor Signs Fentanyl Test Strip Legislation in Bid to Reduce Overdoses. Gov. Tom Wolf (D) held a ceremonial signing Wedmesday for a new law (Act 111) that legalizes the use of fentanyl test strips and other forms of drug checking to prevent overdose deaths. The legislation passed the state House and Senate unanimously before going to the Governor's desk. The most recent data show Pennsylvania had the third highest number of overdose deaths of any state in the country for the 12-month period ending May 2022. Fentanyl test strips allow people who use drugs to easily test the drugs for the presence of fentanyl.

WI City and County Votes for Legal Marijuana, FDA Warns on Animal Tranquilizer in Drug Supply, More... (11/10/22)

The Treasury Department is using an executive order to go after dark web drug suppliers, the FDA is warning health care workers to watch out for an animal tranquilizer that appears to be getting into the illicit drug supply, and more.

The veterinary tranquilizer and pain reliever xylazine is showing up in the illicit drug supply.
Marijuana Policy

Wisconsin Towns and County Vote for Marijuana Legalization Referendum. The cities of Kenosha and Racine joined Milwaukee County Tuesday in voting in favor of non-binding referenda showing community support for marijuana legalization. The measure was approved by 76 percent of voter in Racine, 74 percent in Milwaukee County, and 72 percent in Kenosha. The state lacks an effective initiative process, and the Republican-controlled legislature has blocked consideration of even medical marijuana, let alone adult use marijuana.

Adulterants

FDA Warns Health Care Workers to Watch Out for Potentially Lethal Animal Sedative in Illicit Drug Supply. The Food & Drug Administration (FDA) on Tuesday issued a warning to health care workers to watch out for patients who may have been exposed to a potentially deadly animal sedative through illicit drug use. The sedative in question is xylazine, which is showing up in fentanyl, heroin, and other illicit drug supplies after being diverted from the legal animal drug supply or produced illegally, the FDA said. The drug, known as "tranq" on the street is approved as an animal tranquilizer and pain reliever, but not approved for use in humans.

"FDA is aware of increasing reports of serious side effects from individuals exposed to fentanyl, heroin, and other illicit drugs contaminated with xylazine," the agency announced in a news release. Those serious side effects can resemble those linked to opioid use, making it difficult to determine whether one is facing an opioid overdose or xylazine exposure.

Moreover, naloxone, which can reverse the effects of some opioid drug overdoses, may not have the same effect on xylazine, the agency said. FDA still advised health care workers to continue administering naloxone if they suspect an opioid overdose.

Dark Web

Treasury Sanctions Internet-based Suppliers of Illicit Fentanyl and Other Synthetic Drugs. Acting in conjunction with the governments of the Netherlands and the United Kingdom, the Treasury Department's Office of Foreign Assets Control (OFAC) designated two Dutch nationals, Alex Adrianus Martinus Peijnenburg, Martinus Pterus Henri De Koning, and one British national, Matthew Simon Grimm, and nine entities pursuant to Executive Order (E.O.) 14059 for supplying illicit fentanyl, synthetic stimulants, cannabinoids, and opioids to US markets through internet sales and a host of shell companies.

The action represents the first use of E.O. 14059 to target those involved in the sale of illicit drugs purchased online and via darknet marketplaces. "The Treasury Department will continue to deploy its counternarcotics authorities to disrupt those involved in the fentanyl global supply chain," said Under Secretary of the Treasury for Terrorism and Financial Intelligence Brian E. Nelson. "Treasury is identifying over 50 virtual wallet addresses associated with this network's drug trafficking activities as we take further action to counter the abuse of virtual currency. I would like to thank our Dutch and UK partners and US law enforcement counterparts for their partnership and for enabling today's action."

Arkansas Legalization Init Cleared for November, Colorado Psilocybin Init Trailing, More... (9/23/22)

Republicans seek political advantage by calling Mexican cartels "terrorist organizations," the FDA eases rules for groups distributing the opioid overdose reversal drug nalxone, and more.

Colorado magic mushroom proponents have an uphill fight ahead of them, a new poll suggests. (Greenoid/Flickr)
Marijuana Policy

Arkansas Supreme Court Okays Marijuana Legalization Initiative for November Ballot. The state Supreme Court on Thursday held that the Responsible Growth Arkansas marijuana legalization initiative will be counted after all. The move comes after the Board of Election Commissioners ruled that the measure's ballot title was misleading, but the high court disagreed, holding that "initiative power lies at the heart of our democratic institutions" and that the board and prohibitionist groups who had intervened in the case "have not met their burden of proving that the ballot title is insufficient."

Psychedelics

Colorado Poll Has Psilocybin Initiative Trailing. A new poll has the magic mushroom decriminalization initiative, Proposition 122, well south of the 50 percent plus one votes needed to pass in November. The Fox 31/Chennel2/Emerson College/The Hill poll had only 36 percent supporting the measure, with 41 percent opposed and 23 percent undecided. While the large number of undecideds leaves room for hope, they would have to break pretty decisively in favor of the initiative for it to get over the top. Only Democrats favored the initiative (53 percent), while 61 percent of Republicans opposed it. Two racial/ethnic groups emerge as opponents: 64 percent of Blacks oppose it, as do 63 percent of multiracial voters.

Harm Reduction

Opioid Reversal Drug Access to Ease Under Relaxed FDA Rules. The Food & Drug Administration (FDA) announced Thursday that harm reduction programs distributing the opioid overdose reversal drug naloxone will not have to comply with certain federal product tracing requirements. The agency said it would not enforce certain Drug Supply Chain Security Act requirements on programs that are distributing the drug to at-risk communities while an opioid public health emergency exists. "Combating the opioid overdose epidemic is an urgent public health priority for FDA," the agency wrote in the guidance. The FDA "is committed to advancing solutions to reduce opioid overdose deaths in the United States, including by supporting efforts to increase public availability of and access to naloxone."

Foreign Policy

GOP Senators File Bill Designating Drug Cartels as Terrorist Organization. Sens. Roger Marshall (R-KS) and Rick Scott (R-FL) filed a bill Tuesday to formally designate Mexican drug cartels as foreign terrorist organizations. The Drug Cartel Terrorist Designation Act. "The illicit drugs and other deadly activities being carried out by cartels are killing Americans at record rates. Since Joe Biden and the Democrats continue to turn a blind eye, we are going to do something about it by designating the drug cartels as Foreign Terrorist Organizations," said Sen. Marshall. "As these cartels continue to invade our porous southern border in an increasingly militarized approach, this designation is needed to ramp up our efforts to combat them. We will not rest in our fight to stop fentanyl's terrible scourge wreaking havoc in Kansas and across the US." Nonetheless, Mexican cartels are not foreign terrorist organizations; they are drug trafficking organizations.

GOP Texas Governor Designates Mexican Cartels as Terrorist Organizations. Gov. Gregg Abbott issued an executive order Tuesday that designated specified Mexican drug cartels as foreign terrorist organizations, although since Texas does not set US foreign policy it is not clear just exactly what that means. The order instructs the state Department of Public Safety (DPS) "to take immediate action to keep Texans safe amid the growing national fentanyl crisis." Abbott also directed DPS to identify Texas gangs that support the cartels and seize their assets.

The Public Stands Behind Oregon's Drug Decrim and Addiction Funding Law [FEATURE]

It has been nearly two years since Oregon voters approved Measure 110, a sweeping drug decriminalization and public health services funding initiative, and it still has strong public support. That could be because it is producing the kinds of results Oregonians want to see.

Measure 110 is bringing addiction recovery services not just to Portland, but to places like this, too. (Pixabay)
In voting for Measure 110, Oregonians sought to move the emphasis of drug policy from law enforcement to a public health approach, and that is what they are getting. Drug possession arrests, which had already dropped by half in 2020 because of the pandemic, significantly decreased after Measure 110 took effect on February 1, 2021, according to data from the Oregon Criminal Justice Commission, falling another 65 percent from the 2020 levels in the first six months of 2022.

And Measure 110, which tapped into marijuana tax revenues to fund a broad spectrum of addiction services -- from low-barrier drug treatment and peer support and recovery to overdose prevention and housing and employment support (but not drug treatment covered by Medicaid or insurance) -- is setting the stage for a massive expansion of those services by pumping hundreds of millions of dollars into the field.

Late last month, the Oversight & Accountability Council, the body tasked with overseeing the distribution of the funding, approved the remainder of the initial $302 million made available under Measure 110, and on Tuesday, the Oregon Health Authority announced that it had finished awarding that money to more than 237 service providers in the form of grants.

With the state suffering more than a thousand overdose deaths in the past year, there is criticism that authorities have moved too slowly. Oregon Health Authority behavioral health director Steve Allen acknowledged as much, saying the agency had learned it needed to give more support and technical assistance to the volunteer committee tasked with grantmaking decisions.

"We understand the frustration this caused in our communities," Allen said. "When you do something for the first time you're going to make mistakes."

But now the money is out there, and it will help fund 237 service providers in 36 Behavioral Health Regional Networks (BHRNs), aimed at ensuring that help is available in even the most remote rural corners of the state. That includes 111 groups providing screening and behavioral health needs assessments, 112 groups doing individual intervention planning, 113 groups doing low-barrier drug treatment, 172 groups doing peer support and mentoring, 88 groups providing housing services, 84 groups providing harm reduction services, and 51 groups doing job support.

The money is going to allow these groups to expand their services by hiring and training new staff, securing additional facilities, buying vehicles for mobile support services, and even purchasing housing.

"Measure 110 changes the system so that there is no wrong door to access services," said Tera Hurst, Executive Director of the Health Justice Recovery Alliance. "Thanks to Measure 110, you don't have to get arrested before you are maybe offered help. Measure 110 is changing the addiction recovery service landscape so that regardless of the path, supportive services will be more readily available closer to home."

"It's been a long road, but we're ecstatic to see all of the Measure 110 funding for the 2021-2023 biennium finally being approved and going out to service providers to expand critical addiction services in Oregon communities. This is the first step in ensuring Oregon delivers on its promise of replacing a criminal legal approach to drugs with a public health approach and offering the rest of the country a glimpse of what is ultimately possible when we offer people support instead of punishment," said Kassandra Frederique, Executive Director of the Drug Policy Alliance, which was a key supporter of Measure 110 and which is partnering with the Health Justice Recovery Alliance on implementation.

Even with the slow rollout, Oregonians are liking what they are seeing. A poll released this month by Data for Progress found majority support for Measure 110 in every region of the state -- even the conservative eastern an southwestern areas -- and a strong bipartisan majority who agree that problematic drug use should be treated as a public health issue, not one for the criminal justice system.

When asked whether Measure 110 should remain in place, 58 percent said yes. That included 82 percent of Democrats and 56 percent of independents, but only 31 percent of Republicans.

The polling suggests that tying drug decriminalization to the expansion of recovery services is key to getting it over the finish line. When asked about individual components of the program, 91 percent supported peer mentoring, 90 percent supported employment help, 86 percent supported funding addiction recovery, 84 percent supported housing assistance, but only 62 percent supported harm reduction measures and only 61 percent supported decriminalization itself.

It is almost as if Oregonians made a bargain with themselves: Give us strong measures to aid recovery and we will grudgingly accept such vanguard measures as harm reduction and decriminalizing drugs. These pollsresults should send a clear message to people contemplating future decrim initiatives about how to broaden support for them.

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