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Seattle Psychedelic Decriminalization, OH Towns to Vote on Marijuana Decrim, More... (10/5/21)

The Philippine government tries to look like it is doing something about human rights abuses in its drug war, Bolivian coca grower factions continue to clash, Seattle decriminalizes natural psychedelics and more.

Not only the cultivation and possession but also the sharing of natural psychedelics is decriminalized in Seattle. (CC)
Marijuana Policy

Ohio Towns Will Vote on Marijuana Decriminalization Ballot Measures Next Month. Activists with NORML Appalachia of Ohio and the Sensible Marijuana Coalition have qualified marijuana decriminalization ballot initiatives for next month's ballot in more than a dozen municipalities, even as efforts to qualify in more communities continue. Voters in Brookside, Dillonvale, Laurelville, Martins Ferry, McArthur, Morristown, Mount Pleasant, Murray City, New Lexington, New Straitsville, Powhatan Point, Rayland, Tiltonsville, and Yorkville will have the chance to vote on the initiatives. Some of the 14 local measures read simply: "Shall [jurisdiction] adopt the Sensible Marihuana Ordinance, which lowers the penalty for misdemeanor marijuana offenses to the lowest penalty allowed by State Law?" Others are longer and more specific, but all aim to further undermine marijuana prohibition in the Buckeye State.

Psychedelics

Seattle Becomes Largest City to Decriminalize Psychedelics. The city council on Monday approved a resolution to decriminalize not just the cultivation and possession but also the noncommercial sharing of a wide range of psychedelic substances, including psilocybin mushrooms, ayahuasca, and non-peyote derived mescaline. The non-inclusion of peyote is a nod to concerns voiced by the indigenous community, where members of the Native American Church consume the cactus as a sacrament. Seattle police already have a policy of not arresting or prosecuting people for drug possession, but this ordinance extends that protection to people growing and sharing psychedelic plants and fungi for open-ended "religious, spiritual, healing, or personal growth practices." The ordinance passed on a unanimous vote.

Law Enforcement

DEA Agent Killed in Drug Sweep of Amtrak Train in Tucson. A DEA agent and a person on an Amtrak train stopped in Tucson were killed in an outburst of gunfire that broke out Monday morning as members of a joint drug task force conducted a drug sweep of the train. Another DEA agent was critically wounded, while a city police officer was also shot and is in stable condition. Two people on board the train reacted to the police presence, with one opening fire. "They were checking for illegal guns, money, drugs," Tucson Police Chief Chris Magnus said. "This is something they do, as I said, routinely at pretty much all transit hubs." Magnus said he did not know whether any guns or drugs were found by officers. One person is now in custody.

International

Bolivian Anti-Government Coca Growers Storm La Paz Coca Market. Following more violent clashes with security forces, thousands of anti-government coca growers stormed the Adepcoca market in La Paz on Monday. For more than a week, pro- and anti-government coca grower factions have clashed over control of the market, through which 90 percent of the country's legal coca passes, after pro-government coca unions ousted an opposition leader to take control of it. The anti-government faction is centered in the Yungas region, which is the traditional center of Bolivian coca production. Yungas growers have been upset with the ruling Movement Toward Socialism (MAS) Party since 2017, when then-President Evo Morales ended the Yungas monopoly on coca growing by legalizing coca production in his region of Cochabamba.

In Bid to Blunt International Criminal Court Investigation, Philippines Says 154 Police Could Be Liable for Drug War Conduct. Faced with a formal International Criminal Court (ICC) investigation into rampant human rights abuses -- including thousands of killings -- during President Rodrigo Duterte's bloody war on drugs, Filipino Justice Secretary Menardo Guevarra announced Sunday that 154 police officers could be criminally liable for their conduct in the drug war, including 52 cases of killings. The Philippine government is refusing to cooperate with the ICC probe, arguing that it is capable of policing itself, but the 154 officers who are listed as facing potential criminal liability represent only a tiny fraction of the killings that have taken place, of which the government officially acknowledges more than 6,000. Human rights groups have put the figure north of 30,000.

Houston Narc & Suspect Killed in Drug Raid, FL Marijuana Init Can Gather Signatures, More... (9/21/21)

A Houston drug raid proved deadly Monday, mass killings are on the rise in one of Colombia's cocaine conflict zones, and more.

Will Floridians ever get a chance to vote on marijuana legalization? Maybe next year. (Creative Commons)
Marijuana Policy

Florida Activists Mount Third Effort to Get Legalization Initiative on 2022 Ballot. After the state Supreme Court quashed two previous marijuana legalization initiative attempts earlier this year, the group behind one of them, Regulate Florida, is trying again. The group has filed a new petition with the state and it has been approved for signature gathering. The measure would allow people 21 and over to use and possess marijuana and allow them to grow up to nine plants, but not allow retail sales. Now, campaign organizers must gather 222,898 valid voter signatures to prompt a judicial and fiscal impact review, and if they pass that hurdle, must then come up 891,850 total valid signatures by February 1 to qualify for the November 2022 ballot.

Law Enforcement

Houston Narcotics Officer, Suspect Killed in Drug Raid. A Houston Police narcotics officer was shot and killed and a second officer shot and wounded while serving a drug search warrant early Monday. A suspect was also shot and killed. William "Bill" Jeffrey, a nearly 31-year veteran of the force, was shot several times and succumbed to his injuries. Sgt. Michael Vance, who's been on the force for 20 years, was also wounded and was in surgery Monday. Police said the unnamed suspect came out firing when they knocked on the door. The only information police released about the suspect was his race, Black.

International

Colombia Sees Rising Number of Mass Killings in Drug Conflict Zone. The Colombian Defense Ministry has reported a 91 percent increase in mass killings -- defined as the killing of four or more people -- across the country between January and July compared to the same period last year. Hardest hit has been the southwestern province of Valle del Cauca, where at least nine mass killings have occurred this year. Using a slightly different metric, the think tank Indepaz reported 260 people killed in 71 mass killings of three or more people. Valle del Cauca is contested terrain for a number of armed actors involved in the drug trade, ranging from FARC dissidents to rightist paramilitary to international drug trafficking organizations such as La Oficina de Envigado and local drug trafficking groups. According the Medical Examiner's Office, at least 8,566 were murdered nationwide between January and August, which is 26% more than in the same period last year and the highest number since 2013. The rightist government of President Ivan Duque has announced various strategies to deal with violence and drug trafficking since taking office in 2018, but none have had much impact.

Italian Referendum to Decriminalize Marijuana, Psilocybin, Other Drug Plants Meets Signature Requirement. It took Italian activists only a week to come up with some 500,000 online signatures to qualify a ballot measure decriminalizing the use and possession of marijuana, psilocybin mushrooms, and other psychoactive plants for the spring 2022 ballot. But they are calling on Italians to continue to sign the petition through the end of the month so they can build a buffer of surplus signatures in case some are invalidated. Once the signatures are formally submitted at the end of the month, the Court of Cassation and the Constitutional Court will then review the measure. If those two courts sign off, a vote would take place next spring.

Vancouver Clinic Offers Take-Home Prescription Heroin, Nepal Marijuana Protest, More... (9/20/21)

Violence linked to cartel infighting continues to rock Mexico's state of Michoacan, a Vancouver clinic is now offering take-home prescription heroin to a small number of patients, and more.

Pharmaceutical heroin. Now available as a take-home prescription drug in Vancouver. (Creative Commons)
nternational

Vancouver Clinic Doing Take-Home Prescription Heroin. In a North American first, the Providence Crosstown Clinic in Vancouver has begun providing take-home medical grade heroin to a small number of addicted patients. The program began as an emergency response to the COVID epidemic, when the provincial health authority allowed clinic staff to deliver syringes filled with heroin to patients so they could stay isolated for 10 to 14 days. "Having done that and done that successfully without any problems, we were able to show and demonstrate the strict requirement of the medication to only be [administered] at the clinic was not necessary," said Dr. Scott MacDonald, head physician at the clinic. The program is currently serving only 11 patients, but MacDonald said expanding the program is a crucial step toward addressing the province's opioid crisis, which has seen more than a thousand overdose deaths so far this year. "Their lives can change dramatically. People can go from accessing street opioids, perhaps having unstable housing and unable to work to stabilized and being able to work, and some people working full-time," he said.

Mexico's Michoacan Sees More Cartel Violence. The Jalisco New Generation Cartel (CJNG) besieged the Michoacan municipality of Tepalcatepec last week, killing and beheading five local men who were manning a checkpoint aimed at keeping cartel gunmen out of town. The cartel had tried to seize control of the city but was met with resistance from local residents and the National Guard. Cartel gunmen then switched their focus to the community of La Estanzuela, located near the border between Tepalcatepec and the Jalisco municipality of Jilotlán. The CJNG has been trying to take control of the region for the past two years and is locked in battle with the Carteles Unidos over control of the region and the state.

Nepal Protest for Marijuana Legalization. Sparked by the September 6 arrest of prominent marijuana legalization advocate Rajiv Kafle for consumption, possession, and distribution of marijuana, a youth group from Kathmandu Valley staged a protest calling for legalization at Maitighar on Monday. Protesters chanted slogans and held up signs citing the medicinal and economic benefits of legalization. Nepal has a history of cannabis use dating back centuries and its charas was enjoyed by Western travelers on the Hippie Trail in the 1060s, but under US pressure canceled the licenses for all cannabis businesses in 1973, and then criminalized cannabis in 1976.

ICC Will Investigate Philippine Drug War Killings, KY Supreme Court Narrows Good Samaritan Law, More... (9/15/21)

Detroiters will vote on psychedelic decriminalization in November, the International Criminal Court takes a key step in the investigation of Philippine drug war killings, and more.

Filipino President Duterte is now in the International Criminal Court's hotseat. (Creative Commons)
Harm Reduction

Kentucky Supreme Court Narrows Good Samaritan Protections. In a decision late last month, the state Supreme Court ruled that a 2015 Good Samaritan law designed to protect overdose victims and the bystanders who seek assistance for them does not apply when the bystanders who call do not know for certain that a drug overdose has occurred. In the decision in Kentucky v. Milner, the court took up the separate cases of two people for whom assistance was called after they were found passed out in a car.

Both had indeed suffered drug overdoses and were revived, but they were then charged with various crimes, including possession of drugs and drug paraphernalia. Prosecutors argued that the Good Samaritan law did not apply because the bystanders did not see the people use drugs, did not know overdoses were occurring, and had no reason to believe the victims were at risk of arrest if authorities arrived.

The defendants' attorney said it would be unrealistic to expect bystanders to search an unconscious body for evidence of drug use before calling for help. "Requiring a Good Samaritan to be certain that an overdose was occurring before the exemption would apply would potentially expose both the person overdosing and the Good Samaritan to danger," attorney Steven Nathan Goens wrote in one of his briefs to the Supreme Court. But the court sided with prosecutors, effectively narrowing the scope of the law.

Psychedelics

Detroit Will Vote on Psychedelic Decriminalization in November. A proposed municipal initiative to decriminalize psychedelics has qualified for the November ballot in Detroit. The question voters will have to answer is: "Shall the voters of the City of Detroit adopt an ordinance to the 2019 Detroit City Code that would decriminalize to the fullest extent permitted under Michigan law the personal possession and therapeutic use of Entheogenic Plants by adults and make the personal possession and therapeutic use of Entheogenic Plants by adults the city's lowest law-enforcement priority?" Detroit is Michigan's largest city, but psychedelic reform has already taken place in the university town of Ann Arbor, which approved a lowest priority ordinance last year.

International

International Criminal Court Opens Official Investigation into Philippine Drug War Killings. The International Criminal Court (ICC), which finished a preliminary investigation into human rights abuses in President Rodrigo Duterte's bloody war on drugs earlier this year, announced Wednesday that it has decided to open an official investigation not only into Duterte's drug war abuses but also into killings by death squads in Davao City when he was mayor and vice mayor. "For these reasons, the chamber hereby authorizes the commencement of the investigation into the Situation in the Philippines, in relation to crimes within the jurisdiction of the Court allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called 'war on drugs' campaign," said the pre-trial chamber 1 of the ICC.

By deciding to move forward with an official investigation, the ICC is setting the stage for summons and arrests warrants if requested by Prosecutor Karim Khan. Recently retired Prosecutor Fatou Bensouda, who led the preliminary investigation, had asked for authorization to open an official investigation, saying there was copious evidence of human rights abuses, and the chamber agreed. "On the basis of the above, the Chamber concludes that there is a reasonable basis for the Prosecutor to proceed with an investigation, in the sense that the crime against humanity of murder appears to have been committed, and that potential case(s) arising from such investigation appear to fall within the Court's jurisdiction," said the judges.

Human Rights Watch welcomed Wednesday's announcement: "The International Criminal Court's decision to open an investigation into brutal crimes in the Philippines offers a much-needed check on President Rodrigo Duterte and his deadly 'war on drugs,'" said Carlos Conde, the rights group's senior Philippines researcher. "Victims' families and survivors have reason to hope that those responsible for crimes against humanity could finally face justice." The Philippines government has acknowledged some 6,000 police or military drug war killings, but human rights groups say the true number could be north of 30,000.

Read more civil society reactions and other information on the web site of the Coalition for the International Criminal Court (CICC).

The Taliban Says It Will Stop the Opium Trade, But Is That Likely? [FEATURE]

One of the first announcements the Taliban made as it seized power in Afghanistan last month was that they were going to end illicit drug production. But, as with other promises of change from the Taliban -- like women's rights or press freedoms -- there is a whole lot of skepticism about the claim.

Afghan opium harvest
At its first press conference in Kabul after entering the city and solidifying their control over the country, Taliban spokesman Zabihullah Mujahid vowed that their new government would not let Afghanistan become a full-fledged narco-state: "We are assuring our countrymen and women and the international community that we will not have any narcotics produced,"Mujahid said. "From now on, nobody's going to get involved (in the heroin trade), nobody can be involved in drug smuggling."

But in addition to the general skepticism about the Taliban's plans for the country, the notion of them imposing a ban on opium production runs afoul of economic and political realities on the ground. The challenge is that the opium crop is a key component of the Afghan economy, accounting for somewhere between seven and 11 percent the country's Gross Domestic Product, and bringing in as much as $2 billion in 2019, more than Afghanistan's entire licit agricultural sector.

It is also a job creator in a country where opportunities are scarce. The opium harvest employs the equivalent of 119,000 full-time jobs, not counting the farmers themselves and their family members. The broader opium economy also supports untold thousands in the domestic trade (opium traders, heroin producers, domestic dealers) and as service providers for that trade (packers, transporters), as well as internationally connected individuals working in the international trade. The opium economy is especially strong in areas of key Taliban support, such as Helmand and Kandahar provinces in the south.

Afghanistan has accounted for between 80 percent and 90 percent of global opium production throughout this century, a pattern that began, ironically enough, in the 1980s, when the CIA waged a secret war against the Soviet occupation of the country and enlisted both Islamic radicals and the opium trade in the battle. Opium "is an ideal crop in a war-torn country since it requires little capital investment, is fast growing and is easily transported and traded,"the State Department reported in 1986.

As noted by global drug historian Alfred W. McCoy, author of the groundbreaking "The Politics of Heroin: CIA Complicity in the Global Drug Trade,"in a 2018 article:

"As relentless warfare between CIA and Soviet surrogates took its toll, Afghan farmers began to turn to opium 'in desperation', since it produced 'high profits' that could cover rising food prices. At the same time, the state department reported that resistance elements took up opium production and trafficking 'to provide staples for [the] population under their control and to fund weapons purchases'."

"As the mujahideen guerrillas gained ground against the Soviet occupation and began to create liberated zones inside Afghanistan in the early 1980s, the resistance helped fund its operations by collecting taxes from peasants who grew the lucrative opium poppies, particularly in the fertile Helmand valley. Caravans carrying CIA arms into that region for the resistance often returned to Pakistan loaded down with opium -- sometimes, reported the New York Times, 'with the assent of Pakistani or American intelligence officers who supported the resistance.'"

And nearly four decades later, Afghanistan remains the world's number one supplier of opium and its derivative, heroin, with the latter going into the veins of habitues from Lahore to London. And now, with the withdrawal of the West and all its billions of dollars of economic assistance and with the key role opium plays in the economy, the Taliban is going to ban it?

It would be a risky move for the Taliban, said Vanda Felbab-Brown, a senior fellow for foreign policy at the Brookings Institution.

"The Taliban can risk a ban, but it would be politically costly in ways that are more complex than in 2000 [when they also banned it] and it could lead to tremendous destabilization,"she told the Chronicle in a phone interview. "This is a country where 90 percent of the population lives in poverty. It's also a situation where many mid-level Taliban commanders are dependent on opium for their income and livelihoods for their fighters. To impose a ban would require the Taliban to maintain a high level of aggression, which would create political fissures and fractures and would play into the hands of other actors. One reason local warlords didn't fight the Taliban this summer was that the Taliban was promising them access to the local economy, and in many places, that means opium."

Even in the best of circumstances, replacing a lucrative illicit economy with legal alternatives is a long-term project, and these are not the best of circumstances, to say the least.

"The Afghan economy is more or less tanking,"Felbab-Brown said. "A massive influx of foreign aid has been an inescapable component of the economic life of the country, and now, the Taliban does not have any way of dealing with stopping opium by delivering alternative livelihoods. Even if they had a well-designed program, you are looking at decades to suppress it,"she said.

Still, the Taliban has done it before.

"When it comes to banning opium, we are looking at a possible replay of the 1990s,"said Felbab-Brown. "What the Taliban want is international recognition. In the 1990s, they kept promising they would ban poppies in return for international recognition, but then said they could not do it because they could not starve their people, until in 2000, they did it. Will they risk that again? My expectation is that we are going to see the same bargaining with the international community, but as I said, if the Taliban does try to do a ban, they will struggle to enforce it."

The Taliban also face a possible loss of the opioid market share if they enact a ban and then change their mind because of adverse circumstances, Felbab-Brown said.

"The difference now is the synthetic opioids,"she said, alluding to the production of fentanyl and its derivatives coming from Chinese and Indian chemical factories. "If the Taliban move to ban and then decide it is too difficult to sustain politically or financially, it might not find it easy to just return to the same markets; the European markets, for instance, could be snatched away by synthetic opioids."

As for how the much vaunted "international community"should approach Afghan opium production, that's a complicated question.

"There is no unity in the international community on how to deal with Afghanistan,"Felbab-Brown said. "The Chinese and Iranians are warming up to the Taliban, and the Russians will be urging the Taliban to go for a ban. I suspect the ban talk is mainly to satisfy the Russians. But we should not be pushing the ban; that would be catastrophic in terms of humanitarian consequences."

Afghan government and Western efforts to suppress the opium trade proved futile throughout the Western occupation, and now the likelihood of any sort of robust international campaign to suppress Afghan poppies appears next to nil. Outside of legalization of the trade, which does not appear even remotely likely, the only alternative for suppressing opium production is to cajole farmers to grow other crops in a bid to wean them off the poppy, but even those sorts of programs are now in question.

"Should the international community be working with the Taliban to try to implement alternatives livelihoods?"asked Felbab-Brown. "It's a difficult question and can't be considered in isolation. It will be part of the bargaining over a whole set of policies, including women's rights and human rights."

Uncertainty abounds over what the Taliban's opium policy will actually look like. In the meantime, the farmers are planting the seeds for next year's crop right now.

Marijuana Use at All-Time High Among Young Adults, Cartel Violence Sparks Protests in Mexico's Michoacan, More... (9/8/21)

The latest Monitoring the Future survey finds marijuana use is at an all-time high among young adults; Georgia's Tybee Island, home of the state's largest public beach, decriminalizes pot possession, and more.

Tybee Island, Georgia, where the city council just decriminalized pot possession. (Pixabay)
Marijuana Policy

Marijuana Use at All-Time High Among College-Aged Adults in 2020. Marijuana use continued to rise among college students over the past five years and remained at historically high levels among same-aged peers who are not in college in 2020, according to survey results from the 2020 Monitoring the Future (MTF) panel study. This represents the highest levels of marijuana use recorded since the 1980s. The survey also found that marijuana vaping and nicotine vaping leveled off in 2020 after sharp increases reported every year since 2017 for both college students and same-aged respondents who are not in college. Among college students specifically, there was also a significant increase in the annual use of hallucinogens, and a substantial and significant drop in current alcohol use between 2019 and 2020. The Monitoring the Future (MTF) study has been annually tracking substance use among college students and noncollege adults ages 19-22 since 1980. Funded by the National Institute on Drug Abuse (NIDA), part of the National Institutes of Health, the survey is conducted annually by scientists at the University of Michigan's Institute for Social Research, Ann Arbor. Results are based on data from college students one to four years beyond high school graduation who are enrolled full-time in a two- or four-year college in March of the given year, compared with same-age high school graduates not enrolled full-time in college.

Georgia City, Home of State's Largest Public Beach, Decriminalizes Pot Possession. The city council in Tybee Island, home to the state's largest public beach, has approved an ordinance that imposes a maximum $150 fine for possession of up to an ounce of marijuana, making pot possession no longer a criminal offense under the municipal code. Under state law, however, possession of up to an ounce remains a misdemeanor punishable by up to a year in jail. It is not clear how local police and prosecutors will handle such cases. Tybee Island is only the latest of more than a dozen other state cities and counties that have reduced penalties for marijuana possession.

International

Mexico's Michoacan Sees Protests Over Cartel Violence. Residents of the Tierra Caliente region of the central-western state of Michoacan, which has been the scene of ongoing clashes, blockades, and disruptions caused by competing criminal organizations, took to the streets over the weekend to demand military intervention to confront the cartels. "Hugs, not bullets doesn't work in Tepalcatepec, Aguililla and Coalcomán. The federal government is abandoning its people, massacred by the CJNG [Jalisco New Generation Cartel]," read one banner held up by protesters outside a military base in Apatzingán. "Hugs, not bullets" is a slogan of the policy of President Andres Manuel Lopez Obrador of addressing the root causes of violence rather than confronting the cartels with force. The municipalities of Aguililla, Apatzingan, Buenavista, Coalcoman, and Tepalcatepec have been particularly hard-hit, where more than 3,000 fled the violence in August. In recent days, about 1,000 people have fled and taken shelter at a sports center in Tepalcatepec. "We're being displaced from our homes, we're afraid, they're throwing bombs and grenades at us," one woman told the newspaper Reforma at Sunday's protest." … [President] López Obrador must listen to us. We're hungry and cold, we're calling on the relevant authorities to support us, not just authorities of the state but also the United Nations and UNICEF… Children have no homes because [organized] crime has destroyed their homes with flamethrowers. We need help from… all the forces of Mexico…," she said.

Gallup Says Nearly Half of US Adults Have Smoked Pot, Sri Lanka Drug War Abuses Called Out, More... (8/17/21)

Washington state's governor is moving to commute hundreds of drug possession sentences, a new Gallup poll has the number of Americans who admit ever using marijuana at an all-time high, and more.

The number of Americans who admit to having tried marijuana is at an all-time high, says Gallup. (Creative Commons)
Marijuana Policy

Gallup Poll: Percent of US Adults Who Have Ever Smoked Pot at Highest Point Ever. A new Gallup poll has the percentage of US adults who have ever tried marijuana at 49%, the highest figure Gallup has recorded to date. In 1969, just 4% said they had tried it, with that figure rising to 20% in 1977, 30% in 1985, and 40% in 2015. But the number of people who say they currently "smoke marijuana" is much smaller, staying steady at between 11% and 13% after jumping from the 7% in 2013, the first year Gallup asked the question. Trends in marijuana use are generational, with only 19% of people over 75 having tried it, compared with about half of millennials (51%), Generation Xers (49%) and baby boomers (50%).

Drug Policy

Washington State Governor Unveils New Process to Commute Hundreds of Drug Possession Sentences. Gov. Jay Inslee (D) on Monday rolled out a new method for hundreds of people seeking to commute their sentences for low-level drug convictions to do so. The move comes after the state Supreme Court invalidated the state's drug possession law because it did not require people to knowingly possess, leading the state legislature to pass a bill allowing people caught with drugs to be referred to a health evaluation and possible drug treatment for their first two offenses. Now, the governor is pushing expedited clemency for those eligible under the new policy and those currently on probation or paroled for low-level drug possession can directly petition the governor for a commutation.

International

Human Rights Watch Calls for Suspension of International Assistance to Sri Lanka Police over Abuses in War on Drugs, Fight Against COVID. Human Rights Watch has called on international donors and "partners" of the Sri Lankan police to suspend assistance to them because they "are increasingly killing and abusing people under cover of the Covid-19 pandemic measures and an anti-drug campaign." The group cited recent police abuses including alleged extrajudicial killings, torture, and arbitrary detention. It called on the government of Prime Minister Mahinda Rajapaksa to "restore independent oversight of the police and meaningfully investigate and prosecute alleged police abuses." "Sri Lanka's police seem intent on building on their past record of serious abuses, instead of cleaning up their act," said Meenakshi Ganguly, South Asia director at Human Rights Watch. "The UN, UK, and others working with Sri Lankan law enforcement should recognize that without the political will to reform on Sri Lanka’s part, their engagement risks appearing to endorse abusive agencies." Human Rights Watch noted two cases in May where men in arrested on drug charges were fatally shot while in police custody. It also noted that the Sri Lankan government placed the police and the National Dangerous Drugs Control Board under the Defense Ministry last year. The police crackdown on drugs has allegedly involved planting drugs on suspects, torture, and other ill-treatment in police custody or at "rehabilitation" centers run by the Army. A new report from Harm Reduction International  found that "treatment" at those centers includes near-daily beatings and other physical abuses amounting to torture.

Magic Mushroom Shops Sprout in Vancouver, OH Activists Resubmit Marijuana Legalization Petition, More... (8/16/21)

California's Supreme Court says no pot for prisoners, the Philippine Justice Department makes an announcement but sheds no light, and more.

Shops in Vancouver are selling magic mushrooms and other psychedelic delectables despite their being illegal to sell. (CC)
Marijuana Policy

California Supreme Court Rules No Pot for Prisoners. Inmates in the state prison system do not have the right to possess marijuana under Proposition 64, the 2016 ballot initiative that legalized marijuana in the state, the state Supreme Court ruled in a case last week. That decision reverses a 2019 lower court decision that held prisoners could possess marijuana behind bars but could not smoke or otherwise ingest it. "We agree with the Attorney General that if the drafters had intended to so dramatically change the laws regarding cannabis in prison, we would expect them to have been more explicit about their goals," wrote Associate Justice Joshua Groban in the 5-2 opinion. "While perhaps not illogical to distinguish between the possession and use of cannabis, it is nonetheless difficult to understand why the electorate would want to preclude laws criminalizing cannabis possession in prison, but permit laws criminalizing cannabis consumption in prison," he continued.

Ohio Activists Resubmit Marijuana Legalization Petition. An activist group, the Coalition to Regulate Marijuana Like Alcohol, has resubmitted a marijuana legalization petition and required signatures after its first effort was rejected las week by Attorney General David Yost (R). "We appreciate the attorney general’s feedback on our initial filing and have fully addressed the issues flagged in this updated filing" coalition spokesman Tom Haren said. If and when the initiative is approved for signature gathering, the group will have to collect 132,887 valid voter signatures to put the proposed law before the legislature. If the legislature rejects it or fails to act on it, it could go before the voters after a second round of signature gathering.

International

Magic Mushroom Shops Sprout in Vancouver. A handful of shops selling magic mushrooms and other psychedelic substances are operating in Vancouver, British Columbia, even though selling magic mushrooms remains illegal in Canada. One such shop, the Coca Leaf Café & Mushroom Dispensary on East Hastings Street, is owned by long-time drug activist Dana Larsen. "We're sitting in a place that is unique in the world. There's nowhere else where you can get the same range of substances and things that we do right here," Larsen said. "Within a few years there’s going to be hundreds of mushroom and psychedelic dispensaries across Canada," Larsen predicted. It's not his first rodeo when it comes to promoting illicit drugs: He ran an illegal pot shop, gave out 5 million pot seeds during the 2016 "Overgrow Canada" campaign, and mailed grams of weed to Liberal politicians. Although he's operating without a license, he's not too worried, he said:  "I'm pretty good at finding that grey area where you can expand things but take a little risk, but maybe not get arrested," he said. "And even if that happened, a judge being like, ‘Yeah, Dana deserves to go to jail for a long time because he's selling people coca tea and a gram or two of psychedelic mushrooms,’ it’s just not going to happen." 

Philippine Justice Department Says It Has Finished Review of 52 Drug War Killing Cases. The Department of Justice panel that examined 52 cases of drug war killings forwarded by the Philippine National Police (PNP) says it has finished report. Justice Secretary Menardo Guevarra said he was going over the report, but there was no indication if or when the report is going to be made public. The review is part of a Filipino government effort to blunt a potential formal investigation by the International Criminal Court, which has completed a preliminary investigation and awaits a decision by prosecutors on whether to move ahead. But the 52 cases forwarded to the Justice Department represent only a tiny fraction of the more than 6,000 drug war killings for which the PNP took responsibility and an even tinier fraction of the total number of drug war killings, many conducted by shadowy vigilantes, a number human rights groups put at somewhere north of 30,000. For the latest on the horrendous human rights situation in the Philippines, see this recently released report from the Philippine Human Rights Information Center, The Killing State: Duterte's Legacy of Violence.

White House Considering Clemency for Federal Drug Offenders, WY Marijuana Initiatives Advance, More... (8/13/21)

A major drug crackdown in India's Assam state is raising fears of another bloody drug war like the one in neighboring Bangladesh, Wyoming marijuana inititives pass a first hurdle, and more.

Marijuana Policy

Wyoming Marijuana Initiatives Pass First Hurdle. The secretary of state has certified the first one hundred signatures for two marijuana-related marijuana initiatives, one for medical marijuana and one for recreational legalization. That certification means that the initiatives are now clearly for broader signature gathering to qualify for the November 2022 ballot. To qualify, petitioners must gather 41,776 valid voter signatures before February 14, 2022.

Criminal Justice

White House Says Biden Exploring Clemency for Federal Drug Offenders. White House Press Secretary Jen Psaki said Wednesday that President Biden is looking into using his executive authority to grant clemency to people with certain non-violent drug convictions. Her comments came in response to a question about plans for federal inmates who had been released to home confinement because of the coronavirus pandemic. The administration is "working hard every day to reform our justice system in order to strengthen families, boost our economy, give people a chance at a better future," Psaki responded. "As part of this, the president is deeply committed to reducing incarceration, helping people successfully reenter society. And he has said too many people are incarcerated—too many are black and brown. And he is therefore exploring multiple avenues to provide relief to certain nonviolent drug offenders, including through the use of his clemency power."

International

India's Assam State Launches War on Drugs. The northeastern Indian state of Assam has for years served as the primary transit corridor for drugs from neighboring Myanmar, particularly methamphetamine, and now the state government has launched a major crackdown, seizing record amounts of drugs and arresting more than 2,000 people since May, more than full-year totals for any previous year. Assam connects the northeast to the rest of India, and experts estimate that 80% of the drugs flowing into the state end up in the rest of the country. The crackdown comes after an ally of Prime Minister Narendra Modi, Himanta Biswa Sarma, became the state's chief minister in May, saying he was giving police a free hand to suppress drugs, including shooting suspects when necessary. So far only two people have been killed in police raids. Some experts fear Assam could descend into drug war violence like that which has occurred in neighboring Bangladesh, where methamphetamine use is rife, and police have have killed hundreds of suspected drug dealers since 2018.

CA Psychedelic Decrim Bill Advances, Marijuana Gets Legalized in Three States This Week, More... (6/30/21)

South Dakota gingerly enters the medical marijuana age, governors in New Jersey and Pennsylvania sign bills that will ease burdens on patients, and more.

New Jersey

New Jersey Governor Okays Telehealth Prescriptions for Medical Marijuana. Governor Phil Murphy (D) has finally signed a bill allowing health care providers to recommend medical marijuana via telehealth. He originally vetoed SD 619/A 1635 back in April after criticizing it for including a 270-day waiting period before going into effect. The legislature then amended the bill and got rid of that waiting period so it will go into effect immediately. The amended bill also removed language requiring an in-person doctor visit before initiating telehealth.

North Carolina

North Carolina Compassionate Use Act Wins First Committee Vote. The Senate Judiciary voted Wednesday to approve Senate Bill 711, the Compassionate Use Act. The measure would allow the use of marijuana for medical purposes and set up a system of taxed and regulated medical marijuana cultivation and distribution. It must also pass the Senate finance, health care, and rules and operations committees before heading for a floor vote.

Pennsylvania

Pennsylvania Governor Signs Medical Marijuana Expansion Bill. Gov. Tom Wolf (D) on Wednesday signed into law House Bill 1024, which updates the state's medical marijuana law to protect patient safety standards and product quality, as well as empowering the Medical Marijuana Advisory Board to consider adding new qualifying medical conditions. "It's been five years since Pennsylvania legalized medical marijuana, and in that time the Department of Health has examined the program's successes and challenges and made important recommendations on improving the law," Gov. Wolf said. "This legislation provides important updates to our state's medical marijuana program to ensure that patients have improved access to medication."

South Dakota

South Dakota State Troopers Will No Longer Arrest People with Less Than Three Ounces of Weed -- If It's Medical. With medical marijuana becoming legal in the state as of July 1, the office of Gov. Kristi Noem (R) has announced that state Highway Patrol troopers will no longer arrest people possessing up to three ounces of "natural and unaltered marijuana" as long as they have a patient card, or even if they don't, if they claim the marijuana is for medical use and offer some sort of documentation. Meanwhile, the state's largest city, Sioux Falls, has announced it will no longer make arrests for small-time pot possession. "Even if you don't have a medical marijuana card, the decision was made that on low level, low quantity offenses, it's a waste of resources to try and enforce the very, very complicated version of medical marijuana that was passed by the voter," Minnehaha County Sheriff Mike Milstead said. In a state where people are still arrested for testing positive for marijuana, this is progress.

South Dakota Tribe Opens First Medical Marijuana Dispensary in the State. While the state's medical marijuana program, approved by voters last November, is not set to go into operation until next year, medical marijuana became legal in the state on July 1, and the Flandreau Santee Sioux Tribe isn't waiting for state regulators. The state's first medical marijuana dispensary opened on the reservation that same day. The tribe requires customers to first obtain a medical marijuana ID card through its medical marijuana program, which is independent of the program being crafted by the state Health Department. That is leading some skeptics to fear that non-tribe members could face problems with state law enforcement even though the Noem administration last week released Highway Patrol guidelines saying troopers would not arrest people with unexpired medical marijuana cards provided they possessed less than the legally allowed three ounces.

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