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Transforming Global Drug Policy: From A Punisher Paradigm to Embracing Human Rights [FEATURE]

By its very nature, the global drug prohibition regime relies on the repressive apparatus of state actors to enforce compliance, and that has severe implications for human rights. Now, a coalition of United Nations member states, U.N. bodies, and leading human rights experts has launched a landmark set of international legal standards aimed at putting human rights concerns at the center of drug policy.

Drug execution in Iran, 2017. The Islamic Republic has greatly reduced the use of the death penalty for drugs. (handsoffcain)
The human rights implications of the global war on drugs cover a dizzying array of governmental abuses of their citizens. Whether it's the mass imprisonment of drug users in the US, the death squad-style atrocities of Philippines President Rodrigo Duterte's bloody anti-drug campaigns, the spraying of herbicides on coca-growing peasants in Colombia, forced drug treatment camps in Southeast Asia, or the resort to the death penalty for drug offenses in any number of countries, the quixotic global effort to eradicate drugs has left a trail of human rights abuses.

For years, human rights organizations such as Amnesty International and Human Rights Watch have championed the need to put human rights front and center when it comes to drug policy. But with the issuance this week of the International Guidelines on Human Rights and Drug Policy recognition of the necessary centrality of human rights moves from the sidelines to the very center of the global drug prohibition regime. Released under the aegis of the U.N. Development Program and the Joint U.N. Program on HIV/AIDS (UNAIDS) with the endorsement of key member states, the guidelines create a comprehensive set of human rights standards to guide governments in developing drug policies that comply with basic standards of universal human rights.

They also come at a key juncture in the global drug policy-formation process. The guidelines are being released as high-level governmental representatives are gathered at the Commission on Narcotic Drugs in Vienna to shape a new global drug strategy. With decades of evidence showing the systemic failures of the punitive paradigm, including widespread human rights violations, the U.N. and member states are facing a rising clamor for a shift in policy -- one that not only respects human rights but also places global drug policy in line with broader U.N. objectives.

"Drug control policies intersect with much of the 2030 Agenda for Sustainable Development and the pledge by Member States to leave no one behind. Approaches that violate human rights and fail to curb the illicit drug trade are leaving a trail of human suffering," said Mandeep Dhaliwal, director of UNDP's HIV, Health and Development Group. "For countries who are ready to place human dignity and sustainable development at the heart of their drug control policy, these guidelines offer valuable guidance to promote more effective and humane drug control policy."

universal human rights logo
One focus of the guidelines is criminal justice and the rule of law, and they feature recommendations across the realm of the administration of justice. Whether it's arbitrary arrest and detention, discriminatory policing practices, or drug decriminalization, the guidelines bring the global state of human rights law regarding drug policy into full view, including ending the death penalty for drug-related offenses.

Drug decriminalization gets particular attention. The guidelines note that at least 25 national governments have decriminalized the possession of drugs for personal use and that the U.N. system has jointly called for drug decriminalization as an alternative to arrest, conviction, and punishment of drug users.

"Punishment and exclusion have been instrumental to the war on drugs" said Judy Chang, Executive Director of the International Network of People who Use Drugs. "The time has come to privilege human dignity over social isolation and champion human rights, putting an end to the shameful legacy of mass incarceration."

But the guideline encompass more than criminal justice; they also make clear that a human rights emphasis is key in improving people's rights to health, an adequate standard of living, and to be free from torture. The guidelines say that states are obligated by their health obligations to ensure the availability and accessibility of harm reduction services, such as needle exchanges and safe consumption spaces. Those services must be adequately funded, appropriate for the needs of vulnerable groups, and respectful of the human dignity of their clients, the guidelines say.

"Ninety-nine percent of people who inject drugs do not have adequate access to harm reduction services and are left behind in progress against HIV," said Michel Sidibé, Executive Director of UNAIDS. "More than 12 percent of people who inject drugs are living with HIV and over half have hepatitis C. The only way to advance progress is to put people at the center, not drugs."

The guidelines also emphasize the importance of protecting the rights of farming communities -- especially women -- even to the extent of urging governments to temporarily permit the cultivation of illicit drug crops to allow farmers the chance to make a smooth transition to alternative crops. They cite Thailand's success in helping farmers move from opium production to alternative livelihoods.

Issuance of the guidelines will help member states, multilateral organizations, and civil society in their fight to help the rights-supporting U.N. Charter and Universal Declaration of Human Rights assume their deserved central role in the formulation of both international and national drug policies. For too long, globally accepted human rights standards have been sidelined by repressive approaches.

"Human rights should not just inform critiques of the response to drugs worldwide, they should also be the main drivers of its reform, underpinning checks and balances to break cycles of abuse" said Julie Hannah, Director of the International Centre on Human Rights and Drug Policy, University of Essex "Fighting inequality and injustice is a more effective way of addressing the global drug problem than prisons and police."

This Week's Corrupt Cops Stories

Today's lesson: Don't piss off you wife if you're a narc taking home dope in evidence bags and doing it. Plus, a Border Patrol agent goes to prison, a North Carolina narc gets probation for pilfering cash, and more. Let's get to it:

In Alice, Texas, a Jim Wells County narcotics investigator was suspended last Thursday after his wife accused him of wrongdoing. Narcotics Investigator Lt. Ernie Rivera and his wife got in a domestic dispute, and when Alice police arrived, she told them Rivera used drugs and led them to a closet where they found an evidence bag containing drugs. She told police Rivera would confiscate drugs and bring them home for personal use. Rivera was not arrested.

In Freehold Borough, New Jersey, a Monmouth County probation was arrested last month for allegedly repeatedly sexually assaulting a drug court probationer under his supervision over a two-year period. Probation Officer Henry Cirignano is accused of extorting sex from the victim more than a hundred times by threatening to tell the court she had violated her probation if she refused. He went down because he communicated some of his threats via text messages, which the victim saved.

In Hollywood, Florida, a Miami-Dade corrections officer was arrested last Friday after she was caught selling large amounts of heroin laced with fentanyl near a grade school. Officer Adina Spry was caught with more than 65 grams of heroin and fentanyl, as well as cocaine, methamphetamine, drug paraphernalia, a credit card skimming device, and a gun. She is charged with selling heroin within 1,000 feet of a school, trafficking fentanyl, possession of cocaine, possession of methamphetamine, and possession of a credit card skimming device. At least report, she was still in jail on a $100,000 cash bond.

In Chicago, a former Chicago police officer was convicted Monday of ripping off drug dealers. Eddie Hicks, 70, had fled trial 15 years, but was arrested in 2017 in Detroit. Prosecutors described him as the ringleader of a five-man crew who posed as federal agents to shake down drug dealers for cash and drugs. He was convicted of racketing, drug, and gun charges, as well as jumping bail before trial in 2003.

In Progreso, Texas, a former Progreso police sergeant was convicted last Wednesday of providing information to drug trafficking organizations. Giovanni Hernandez, 45, went down in an undercover operation where an informant solicited his assistance in moving dope thrown the town. Hernandez ended up scouting for the drug traffickers to help allow a vehicle he thought was loaded with cocaine make its way through the city. He was found guilty of two counts of aiding and abetting the attempt to possess with intent to distribute more than five kilograms of cocaine. He’s looking at a minimum of 10 years in federal prison.

In Morganton, North Carolina, a former Burke County sheriff’s narcotics officer was sentenced last Wednesday to four years’ probation for stealing more than $13,000 from the agency’s Narcotics Task Force. Jody Wayne Price, 46, had earlier pleaded guilty to embezzlement for repeatedly keeping for himself portions of checks written for “special funds” for drug enforcement operations.

In San Diego, a former Border Patrol agent was sentenced last Friday to nine years in federal prison for taking bribes from drug traffickers. Robert Hall, 45, had admitted accepting $5,000 bribes to help traffickers bring loads of marijuana across the border and pleaded guilty to one count of bribery.

Chronicle AM: NJ Legal Pot Deal Reached, Key UN Body Calls for Global Drug Decrim, More... (3/12/19)

Marijuana and medical marijuana bills are seeing action in the states, South Dakota's governor vetoes an industrial hemp bill, a key UN organization calls for global drug decriminalization, and more.

New Jersey Gov. Phil Murphy (D) says he has reached an agreement with key legislators to legalize weed by month's end. (CC)
Marijuana Policy

Colorado Bill to Allow Social Consumption Filed. State Rep. Jonathan Singer (D) and cosponsors filed House Bill 1230 last Friday. The bill would pave the way for legal marijuana “tasting rooms” beginning in January. The bill would also allow hotels, spas, and other businesses to apply for cannabis licenses. A similar bill was vetoed by Gov. John Hickenlooper last year, but now the governor is the more marijuana-friendly Jared Polis.

Minnesota Senate Committee Kills Legalization Bill. The Senate Judiciary Committee on Monday killed a bill that would have legalized marijuana on a 6-3 vote along party lines. SF 619 would have allowed adults to use, possess, grow, and buy marijuana from licensed retailers.

New Jersey Governor, Key Lawmakers Announce Agreement on Legalization Bill. Gov. Phil Murphy (D) and legislative leaders announced Tuesday that they had reached agreement on a bill to legalize marijuana. They also announced that they planned to pass the bill on March 25. "I believe that this legislation will establish an industry that brings fairness and economic opportunity to all of our communities while promoting public safety by ensuring a safe product and allowing law enforcement to focus their resources on serious crimes," the governor said.

New York Legalization Bid Hits Bump. Gov. Andrew Cuomo (D) said Monday that it is now unlikely that marijuana legalization will be included in the state budget, which is due this month, suggesting that there are roadblocks remaining on the path to legalization. "I’m no longer confident marijuana will be done in the budget," Cuomo told reporters at the Capitol, adding that legislative leaders are still far apart on a path forward. "I’ve had discussions with them on it. There is a wide divide on marijuana. I believe ultimately we can get there, and we must get there," he said. "I don’t believe we get there in two weeks. And also that’s what the legislative leaders have said."

Washington Senate Approves Expungement Bill. The Senate on Monday approved SB 5605, which would expunge some 69,000 past convictions for misdemeanor marijuana possession in the state. A companion measure is moving in the House.

Medical Marijuana

Earl Blumenauer Reintroduces Veterans Medical Marijuana Bill. Rep. Earl Blumenauer (D-OR) is back once again with a bill that would allow doctors at the Veterans Administration to recommend medical marijuana to veterans. HB 1647 is similar to bills that Blumenauer has sponsored for the past several years but were blocked by intransigent House Republican leaders. This year, though, the Democrats control the House.

Michigan Adds Cerebral Palsy to List of Qualifying Conditions. The Department of Licensing and Regulatory Affairs announced Monday that it had added cerebral palsy to the list of qualifying conditions to use medical marijuana. It rejected adding chronic aggressive behavior after panel members unanimously recommended denial.

New Mexico Medical Marijuana Access Expansion Bill Passes Senate. The Senate on Monday approved SB 406, which would allow for onsite consumption of medical marijuana at dispensaries, allow people living on Indian land to grow their own, and create civil protections for patients for schooling, child custody, and medical care. A similar bill was vetoed by Gov. Susana Martinez (R) last year, but she’s gone now.

Hemp

South Dakota Governor Vetoes Hemp Bill. Gov. Kristi Noem (R) on Monday vetoed HB 1191, which would have legalized industrial hemp production in the state. In her veto message, she said it could be a first step toward legalizing marijuana and that it could make law enforcement’s job more difficult. The bill passed the House overwhelmingly but passed the Senate by a margin just short of veto-proof. It’s not clear yet whether the legislature will attempt an override.

International

Key UN Organization Calls for Global Drug Decriminalization. The UN Chief Executives Board (CEB), representing 31 UN agencies including the Office on Drugs and Crime, had adopted a position calling on member states to adopt science-based, health-oriented approaches to drug policy—namely decriminalization. The policy shift came in January, but was not publicly announced.

Israel’s Netanyahu Says He’s Open to Marijuana Legalization. Faced with a party that advocates marijuana legalization gaining momentum in the weeks before national elections, Israeli Prime Minister Benjamin Netanyahu said Monday he was looking into legalizing it himself. Younger voters have been drifting toward support for the Zehut Party before the April 9 elections.

UN Reports Methamphetamine Production Skyrocketing in Southeast Asia. The UN Office on Drugs and Crime reported Monday that methamphetamine production in Southeast Asia is booming, with prices dropping and usage expanding even as seizures hit record highs. "Data on seizures, prices, use, and treatment all point to continuing expansion of the methamphetamine market in East and Southeast Asia," said Tun Nay Soe, the agency's inter-regional program coordinator. "The shift to methamphetamine has affected even countries traditionally known to have a relatively large market for heroin, such as China and Malaysia,” he added. “In Malaysia, the number of methamphetamine users detected by law enforcement authorities surpassed that of heroin users for the first time in 2017." 

Chronicle AM: NM Legal Pot Bill Advances, House Dems Slam Trump Drug Policies, More... (3/11/19)

Another Democratic presidential contender gets behind a federal marijuana legalization bill, pot legalization is moving in New Mexico but faces a ticking clock, the Florida smokable medical marijuana bill advances, and more.

The Land of Enchantment is on the verge of becoming even more enchanting. (Creative Commons)
Marijuana Policy

Reps. Tulsi Gabbard, Don Young File Bill to End Federal Pot Prohibition. Democratic presidential contender Rep. Tulsi Gabbard (D-HI) has partnered with Rep. Don Young (R-AK) to file a bill to remove marijuana from the list of federally controlled substances. The Ending Federal Marijuana Prohibition Act would leave marijuana policy to the states. The bipartisan pair of legislators also filed the Marijuana Data Collection Act, which would evaluate the effects of marijuana legalization in states that have already legalized it. Neither of the bills is yet available on the congressional website.

Hawaii House Approves Decriminalization Bill. The House last Thursday passed HB 1383, which would decriminalize the possession of up to three grams of weed. Under current state law, possession is a misdemeanor punishable by up to 30 days in jail. The bill would also expunge criminal convictions for people caught with less than three grams in the past. It now goes to the Senate.

New Mexico House Approves Legalization Bill. The House voted last Thursday to approve HB 356, which would legalize marijuana for adults and set up a system of taxed and regulated production and sales. The bill now heads to the Senate, where progress is possible but faces a ticking clock. The session ends on Thursday.

New Mexico Senate Committee Approves Legalization Bill. The Senate Judiciary Committee on Saturday approved SB 577, the companion bill to the legalization bill approved by the House. The bill must still get through two more committees and a floor vote by Thursday to pass because the session ends then.

Medical Marijuana

Florida Senate Approves Bill Allowing Smokable Medical Marijuana. The Senate last Thursday overwhelmingly approved SB 182, which would repeal the legislature's ban on smokable medical marijuana. The effort is being pushed by Gov. Ron DeSantis (R), who has vowed to act if the legislature fails to. The measure now goes to the House, which must approve it by Friday or DeSantis will drop the state's appeal of a lower court ruling ending the ban.

Drug Policy

House Democrats Blast Trump Administration's Lack of National Drug Control Strategy. Democrats on the House Oversight and Government Reform Committee blasted the Trump administration for failing to release a drug control strategy in either 2017 or 2018, even as the nation battled the opioid crisis. "It is absolutely inexcusable that the administration did not bother to issue a National Drug Control Strategy during the first two years that he was in office," said Rep. Carolyn Maloney (D-NY). "More than 70,000 Americans have died from drug overdoses in 2017 alone," she said. "As many as 140,000 Americans have died from overdoses in the first two years of the Trump administration."

Drug Testing

Alabama Bill Would Require Drug Testing for Food Stamps. Rep. James Haynes (R-District 23) has filed HB 3, which would require applicants for food stamps to be screened for possible drug use and subjected to pre-approval drug testing if there is a "reasonable suspicion that the person uses or is under the influence of a drug." That reasonable suspicion would include having a drug conviction within the previous five years. A first failed test would result in a warning a re-test. A failed second test would result in temporary ineligibility for food stamps. A third failed drug test would result in permanent ineligibility. The bill is currently before the House Judiciary Committee.

International

Colombia's Rightist President Wants to Return to Aerial Spraying of Coca Crops. President Ivan Duque has asked the country's Constitutional Court to ease restrictions on spraying coca crops with glyphosate, a weed killer that has been linked to cancer. Former President Juan Manuel Santos banned the use of glyphosate to destroy illegal crops after the World Health Organization classified it as a likely carcinogen. But Duque says that expanding coca production has consequences to significant for the country for the government to limit the tools it has available to fight the crop.

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

Chronicle AM: Beto, Bernie Talk Criminal Justice Reform; FDA Oks Ketamine for Depression, More... (3/6/19)

Democratic presidential contenders begin staking out criminal justice reform positions, yet another poll has a national majority for marijuana legalization, the FDA approves ketamine for depression, and more.

Bernie Sanders talks criminal justice reform, but he's not the only Democratic doing so. (senate.gov)
Marijuana Policy

Quinnipiac Poll Has Strong Support for Legalization. A Quinnipiac University poll released Wednesday has support for marijuana legalization at 60% nationwide, with only 33% opposed. An even larger number of respondents (63%) said old marijuana arrest records should be expunged.

Texas Decriminalization Bill Gets Hearing. The House Criminal Jurisprudence Committee held a hearing Monday on House Bill 63, which would decriminalize the possession of small amounts of marijuana. Rep. Joe Moody (D-El Paso) has been pushing the issue since 2015. No vote was taken.

Medical Marijuana

Georgia House Approves CBD Access Bill. The House on Tuesday approved HB 324, which would allow for the sale of CBD cannabis oil to patients through dispensaries. The state legalized CBD cannabis oil for medicinal use in 2015, but there is no legal way to buy, sell, or obtain it. This bill would fix that. It now heads to the Senate.

Hawaii Will Allow Out of State Patients to Obtain Medical Marijuana. As of Tuesday, people with medical marijuana recommendations from other states are able to purchase medical marijuana while in the state. Officials said the change will ensure that visitors and part-time residents can get their medicine.

New Mexico Temporarily Boosts Plant Limits for Producers. The state health department issued an emergency rule last Friday to temporarily boost the number of plants producers can grow. The rule lifts the maximum from 450 plants to 2,500 plants through the end of August. The department will initiate a rule-making process to determine what the final plant count should be. The move comes amidst concerns over lack of supply.

Ketamine

FDA Approves Ketamine for Depression. The Food and Drug Administration approved a prescription treatment for depression that is derived from ketamine. The new treatment, called esketamine, is a nasal spray developed by Janssen Pharmaceuticals and will be sold under the brand name Spravato. The approval comes even as the FDA acknowledges that ketamine's anti-depressant properties are not well understood. Ketamine is an old anesthetic but has also been used as the club drug Special K in recent years.

Drug Policy

Beto O'Rourke Calls for Broad Drug, Criminal Justice Reforms. The Democratic presidential contender called for marijuana legalization and a "criminal justice system that is more fair and that urgently puts our country closer to the words written above the highest court in our land: equal justice under law" in an email to supporters this week. He also lambasted "the new Jim Crow" and the "school to prison pipeline," he said disproportionately targeted black children. He also called for an end to cash bail and the use of private prisons.

Bernie Sanders Calls for an End to the War on Drugs. In campaign rallies last weekend in Brooklyn and Chicago, the Vermont senator called for legalizing marijuana and ending the war on drugs, while calling for the need to address racial disparities in the emerging legal marijuana industry. "No more war on drugs that has destroyed so many lives," Sanders. "When we talk about criminal justice reform, we are going to change a system in which tens of thousands of Americans every year get criminal records for possessing marijuana, but not one major Wall Street executive went to jail for destroying our economy in 2008," he said. "No, they didn't go to jail, they got a trillion dollar bailout."

International

Colombia Coca Farmers Clash with Police. Farmers in Cordoba province's Alto Sinu region who are returning to coca cultivation after two years of waiting for economic and security assistance that never arrived clashed with riot police as they protested the national government's failure to support the shift to substitute crops. They said they had been left no choice but to go back to coca. Coca cultivation and cocaine production in Colombia has reached an all-time high, having risen to 171,000 hectares in 2017 from 48,000 in 2013.

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

Chronicle AM: ND Gets First MMJ Dispensary, MI Asset Forfeiture Package Moving, More... (3/4/19)

No legal pakalolo for Hawaii this year, North Dakota sees its first medical marijuana dispensary, asset forfeiture reform advances in Michigan, and more.

The British Labor Party is calling for pilot safe injection sites like this one in Vancouver. (Creative Commons)
Marijuana Policy

Hawaii Legalization Bill Dies. A legalization bill sponsored by Senate Majority Leader J. Kalani English (D) and cosponsored by half the Democrats in the Senate died last Friday after the Senate Health Committee did not schedule a meeting to hear any bills that day. Friday was the deadline for bills to be considered by the full Senate, so the inaction effectively killed the bill.

Vermont Senate Approves Legalizing Marijuana Sales. The state Senate last Friday approved S.54, which would establish a taxed and regulated market for legal marijuana sales. The bill now goes to the House. This is the sixth time the Senate has passed a tax and regulate proposal, only to see them die in the House. But this year, 40 House members are supporting H. 196, a separate legalization bill that is slightly different from the Senate bill.

Medical Marijuana

Nebraska Medical Marijuana Initiative Cleared for Signature-Gathering. The secretary of state's office last Friday approved a medical marijuana initiative for signature gathering. The initiative would "amend the Nebraska Constitution to provide the rights to use, possess, access, and safely produce cannabis, and cannabis products and materials, for serious medical conditions as recommended by a physician or nurse practitioner," according to the ballot title. To qualify for the ballot, 10% of registered voters must sign the petition. It must also have signatures from at least five percent of registered voters in at least 38 out of the state's 93 counties.

North Dakota's First Medical Marijuana Dispensary Opens. The state's first dispensary opened last Friday in a mini-mall in Fargo. Voters approved medical marijuana in November 2016, but it took the state more than two years to create a regulatory structure.

Asset Forfeiture

Michigan House Approves Asset Forfeiture Reform Package. Two weeks after the state Senate passed an asset forfeiture reform package that would end civil forfeiture unless the assets are worth more than $50,000, the House has now passed a similar package. The two bodies will meet in conference committee to hash out minor differences before sending the legislation to Gov. Gretchen Whitmer (D).

Utah Asset Forfeiture Reform Bill Killed in House Committee. A bill that would reform asset forfeiture practices in the state breezed through the Senate only to die last Friday in a House committee after the DEA and Utah narcotics officers blasted the bill. SB 109 would have required law enforcement to file cases only in state court to prevent police from giving cases to the feds to avoid state laws.

International

British Labor Party Calls for Safe Consumption Site Pilot Programs. The Labor Party has come out will a call for pilot programs for safe consumption sites. Calls for their introduction have grown louder as the United Kingdom grapples with its own overdose death crisis. Some 4,678 people died of drug overdoses in the kingdom last year.

Chronicle AM: CND Delays Vote on Pot Rescheduling, RI Drug Defelonization Push, More...(2/26/19)

San Francisco moves to expunge more than 9,000 pot convictions, Rhode Island's attorney general wants to defelonize drug possession, Peruvian farmers are leaving the coffee fields for the coca fields, and more.

Marijuana Policy

Baltimore Mayor Pressed to End Marijuana Arrests. Fourteen local advocacy groups have sent a letter to Mayor Catherine Pugh urging her to direct the police commissioner to stop arresting people for small-time pot offenses. The letter comes after Baltimore State's Attorney Marilyn Mosby announced a new policy of not prosecuting such cases, only to have interim Police Commissioner Gary Tuggle, a former DEA agent, refused to order police to stop making the arrests. Tuggle is gone now, but it's unclear what his replacement, Michael Harrison, will do, thus the letter to the mayor urging her to lead on the issue.

San Francisco Will Expunge More Than 9,000 Marijuana Convictions. City prosecutors announced Monday that they would move to expunge some 9,300 marijuana possession convictions dating back to 1976. The move comes after a yearlong review of pot convictions in the city. The effort was bolstered by the city's decision to work with a Code for America, a nonprofit that uses technology to make government more efficient. Coders created an algorithm that combed through the city's decades worth of criminal records in minutes—and automatically filled out the required forms to be turned in during the expungement process.

Medical Marijuana

Missouri Publishes First Draft Medical Marijuana Rules. The state Department of Health and Human Services has posted its first draft rules for the state medical marijuana system approved by voters in November 2018. The first batch of draft rules deals with requirements for ID cards for the program. There will be public hearings before the rules are finalized. The state has until June 4 to begin taking applications for ID cards.

Treatment

West Virginia House Approves Drug Treatment Bills. The House on Monday passed two bills related to drug treatment and amended a third. HB 3132 exempts certain providers from some of the medication-assisted treatment licensing requirements. HB 3133 would mandate that probationers with history or symptoms of addiction to attend support services for at least 60 days. The bill that was amended was HB 2991, which authorizes the continuation of an addiction prevention and recovery fund. That bill requires any proceeds from settlements with drug manufacturers or distributors to go into the fund; the amendment would allow state agencies to recover reasonable administrative costs.

Sentencing

Rhode Island Attorney General Plans Bill to Defelonize Drug Possession. State Attorney General Peter Neronha has announced plans to introduce legislation that would make possession of up to an ounce of any drug other than marijuana a misdemeanor. "There is a significant difference between those who traffic in drugs and those who possess them," explained Neronha at a press conference at the attorney general’s office in Cranston. "I learned how difficult it is for somebody getting out of prison, or somebody with a felony conviction to get back into the workforce. To get housing. To get back on their feet," he said.

International

UN Commission on Narcotic Drugs Delays Vote on WHO Marijuana Rescheduling Recommendation. The Commission on Narcotic Drugs will not vote on the World Health Organization's marijuana recommendations during its March session in Vienna That news comes after the release of the recommendations, which had been expected in December, was delayed. Several counties asked for more time to consider the recommendations saying they only received the rescheduling recommendation in late January. If the recommendations had come out in time, countries would have had three months to study them before the Vienna meeting.

Peru Farmers Are Abandoning Coffee Crops to Work in Coca Fields. Slumping coffee prices and delays in certifying organic beans are pushing Peruvian coffee growers out of the business and into the coca fields, the country's main coffee growers' association said Monday The Junta Nacional del Café said farmers started migrating to coca growing regions in December and hundreds have since abandoned their coffee fields. "Coffee ... exports are in real trouble, and we lack the support of the government with clear actions to overcome them," said the JNC’s head, Tomas Cordova. "This foments poverty, unemployment and the expansion of illegal crops."

Chronicle AM: FL Bill Would End Mandatory Minimums, BC Plan for Heroin Buyers Clubs, More... (2/22/19)

The Philippines president vows even harsher drug war, the Mexican Senate approves a new national guard to fight drug crime, a Florida bill would end mandatory minimum drug sentences, and more.

Pharmaceutical heroin. Could it be coming to heroin buyers clubs in Vancouver? (Creative Commons)
Medical Marijuana

Oklahoma Medical Marijuana Regulatory Bill Advances. The House Rules Committee voted Thursday to advance HB 2612, the Oklahoma Medical Marijuana and Patient Protection Act. The bill sets up an extensive medical marijuana framework and is moving with bipartisan support.

Asset Forfeiture

Missouri Bill to End Civil Asset Forfeiture Advances. The House Judiciary Committee has approved  HB 444, which would bar law enforcement from confiscating assets from someone unless and until that person is convicted of a criminal offense. The bill now heads to the House floor.

Sentencing

Florida Criminal Justice Reform Bill Would End Mandatory Minimums. A sweeping criminal justice reform bill that includes ending mandatory minimum sentences for drug offenses has been introduced in the Senate. SB 642, the Florida First Step Act must get past the Senate Appropriations Committee and the Senate Criminal Justice Committee before heading for a Senate floor vote.

International

British Columbia Plan for "Heroin Buyers Club" Unveiled. The BC Center of Substance Abuse Thursday unveiled a plan to create a heroin buyers club to sell pure, regulated heroin to people addicted to opioids.  The cooperative group would buy bulk medical grade heroin from Switzerland to sell to doctor-assessed club members. The plan is part of the effort to stem overdoses in Vancouver. Informal heroin buyers clubs are reportedly already operating in the city, but their supplies are iffy.

Mexican Senate Approves Plan for New National Guard to Fight Crime, Drugs. The Senate on Thursday approved President Andres Manuel Lopez Obrador’s plan to create a new national guard, a key part of the government’s strategy to address drug gang violence. But the Senate amended the legislation to ensure that the new security force is headed by civilians, not the military, which has been linked to numerous human rights violations.

Philippines President Vows "Harsher" Drug War in Coming Days. President Rodrigo Duterte vowed to ramp up his bloody anti-drug campaign in a speech Wednesday. The war on drugs will be "harsher in the days to come," he said. When asked by reporters if the crackdown would be even bloodier, he said: "I think so." The remarks were condemned by the Philippine Commission on Human Rights: "With thousands that have already been killed because of this campaign, ‘harsh’ is an understatement and a trivialization of the lives that were lost—it is irreversible and the suffering of families of victims can be lifelong," Jacqueline De Guia, CHR spokesperson, said. "To say that it will be ‘harsher’ insults the victims and their families while the drug trade has not seemingly waned."

Thai King Signs Decree Legalizing Medical Marijuana and Kratom. Thai King Maha Vajiralongkorn has signed a royal decree formalizing the legalization of medical marijuana and kratom. The move comes some two months after the military government’s parliament unanimously approved it. 

Chronicle AM: FBI to Investigate Fatal Houston Drug Raid, NH Legal Pot Bill Advances, More... (2/21/19)

The fallout from that fatal January Houston drug raid continues, a New Hampshire pot legalization bill advances, so does a Florida bill to allow smokable medical marijuana, and more.

This could be legal soon in New Hampshire if that marijuana legalization bill keeps moving. (IRIN)
Marijuana Policy

Illinois Governor Uses Budget Address to Call for Legalization. As he unveiled his first annual budget Wednesday, Gov. J,B. Pritzker called for marijuana legalization and taxation to help pay for $1.1 billion in new spending. He also called for the legalization and taxation of sports betting, as well as raising money with new taxes on plastic bags, e-cigs, and raising the cigarette tax.

New Hampshire Legalization Bill Narrowly Wins House Committee Vote. The House Criminal Justice and Public Safety Committee voted 10-9 to recommend passage of HB 481, which would legalize up to an ounce for adults and create a system of taxed and regulated sales. Adults could also grow up to six plants. The narrow margin of victory in committee suggests a tough fight to pass it on the House floor.

North Dakota Decriminalization Bill Narrowly Defeated. A bill that would have decriminalized the possession of up to ounce was defeated on a 47-43 vote in the House Wednesday. HB 1155’s defeat means legalization proponents in the state will gear up for a legalization initiative next year.

Medical Marijuana

Arizona House Committee Approves Bill to Protect Edibles, Extracts. The House Committee on Public Safety voted 5-2 Wednesday to approve HB 2149. The measure would specify that the 2010 voter-approved medical marijuana law also includes any products made from its resins. In a case pending before state courts, the state has argued that edibles and hashish are not included in the law.

Florida Bill to Allow Smokable Medical Marijuana Heads for Senate Floor Vote. The Senate Rules Committee voted Wednesday to approve SB 182, which would end the state’s ban on smokable medical marijuana. That means the measure will head for a Senate floor vote weeks ahead of a March 15 deadline set by Gov. Ron DeSantis, who has threatened litigation if the legislature doesn’t act.

Michigan Appeals Court Rules Against Worker Not Hired for Medical Marijuana Use. The state Court of Appeals ruled Tuesday against a woman who had a job offer rescinded because she tested positive for marijuana—even though she had a medical marijuana card. The ruling is a boon for employers who apply zero-tolerance substance abuse policies.

Asset Forfeiture

North Dakota House Approves Civil Asset Forfeiture Bill. The House on Wednesday approved a civil asset forfeiture reform bill on a 57-33 vote. HB 1286 would not end civil asset forfeiture, but would raise the standard of proof from "a preponderance" of the evidence to "clear and compelling evidence." It would also require a criminal conviction before civil asset forfeiture could proceed. The bill now goes to the Senate, which defeated similar legislation in 2017.

Law Enforcement

Two House Republicans Urge State Department to Label Cartels as Terrorist Organizations. A pair of conservative House Republicans, Reps. Mark Green (TN) and Chip Roy (TX), sent a letter Wednesday to Secretary of State Mike Pompeo asking the State Department to label drug cartels as terrorist organizations. The proposal would "further stigmatize these groups both at home and abroad," the pair wrote. "These cartels have utilized barbaric tactics including those adopted by [the Islamic State in Iraq and Syria] ISIS and al Qaeda – murdering and torturing innocents, destabilizing countries and assassinating members of law enforcement," Green added in a statement. Drug cartels differ from terrorist organizations, though, in that they have no political agenda (other than being left alone to go about their business), a key component of the definition of terrorism.

FBI Opens Civil Rights Investigation into Deadly Houston Drug Raid. The FBI has opened a civil rights investigation into a January drug raid in Houston that left two people dead and five police officers wounded. The raid was based on falsified search warrant affidavits claiming informants had bought heroin at the house, but the homeowners, who were killed, possessed no heroin at all—only small, personal use amounts of marijuana and possibly cocaine. The fallout from the case has already resulted in one officer being suspended, an end to no-knock raids in the city, and the review of more than 1,400 cases linked to the lying officer. 

This Week's Corrupt Cops Stories

A West Virginia deputy sheriff gets caught up in an FBI drug dealing investigation, a Georgia prison guard gets nailed for taking bribes to smuggle pot into the joint, and more.

In Hamilton, Ohio, a state prison guard was arrested last Friday for allegedly smuggling drugs into the prison. Daniel Garvey, 28, is charged with illegal conveyance of drugs, trafficking in drugs, and possession of drugs. No details about what led up to the arrest are available.

In Atlanta, a former Georgia prison guard was convicted last Friday of accepting payments to smuggle drugs and other contraband into a state prison. Jokelra Copeland, 32, was found to have repeatedly smuggled packages of marijuana into the prison and to have accepted at least $13,000 in bribes. Copeland was one of 68 Georgia corrections officers arrested by the FBI in 2016 following an extensive federal investigation into officers smuggling contraband into prisons for money while others used their credentials to protect drug deals on the outside, according to the DOJ.

In Charleston, West Virginia, a former Kanawha County Deputy Sheriff was sentenced last Wednesday to three years' probation for lying to the FBI about buying drugs from a suspect for his own personal use. Robert Evans went down when he bought opioid pain medication from a target of an FBI drug trafficking investigation.  The FBI found texts between Evans and the drug dealer that revealed he had been buying pain pills from him for months. Evans returned the favor by running license plate and vehicle identification numbers at the request of drug dealers. 

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