Breaking News:CONGRESS: Pass S. 1055 for Philippines Human Rights Accountability

Intersecting Issues

RSS Feed for this category

Chronicle AM: CA Licenses First Legal Pot Shops, US ODs at Record High, More... (12/15/17)

California starts rolling out recreational marijuana business licenses, Maryland approves more dispensaries, Michigan starts accepting dispensary applications, the Mexican Senate approves a bill letting the military keep playing a policing role, and more.

Marijuana Policy

California Issues First Recreational Marijuana Business Licenses. The state's Bureau of Cannabis Control issued 20 retail marijuana business licenses Thursday, paving the way for consumers to buy legal weed at pot shops as early as January 1. On the list were medical and recreational adult use distributors, retailers, and "microbusinesses." Among first day retail licenses were KindPeoples in Santa Cruz, 530 Cannabis in Shasta Lake, and Torrey Holistics in San Diego.

Denver Arrests 12, Shutters 26 Pot Shops in Criminal Investigation. Police in Denver shut down 26 Sweet Leaf pot shops Thursday and arrested 12 people in an ongoing criminal investigation related to allegations the shops were selling larger amounts of marijuana than allowed under state law. The shops involved all received orders to close the business, the first time the city has issued an open-ended suspension to a legal pot business. The DEA was not involved.

Medical Marijuana

Maryland Regulators Approve A Dozen More Dispensaries. The state's Medical Cannabis Commission has given the go-ahead for another 12 dispensaries to open their doors. The state currently has 10. Another 60 dispensaries that have received preliminary licenses are still awaiting final approval. The state has more than 10,000 registered patients and existing dispensaries have had a hard time keeping up with demand.

Michigan Starts Accepting Medical Marijuana Applications. The state's Medical Marihuana Licensing Board is now accepting applications for medical marijuana businesses under the new regime approved by the legislature earlier this year. Existing dispensaries will not have to shut down while their licenses are approved, a process that could take three or four months.

Drug Policy

Drug Overdose Deaths Continue to Rise. At least 66,324 people died of drug overdoses during the 12-month period ending in May 2017, up 17 percent from the 56,488 who died between May 2015 and May 2016, according to data released this week by the National Center for Health Statistics. Fentanyl and other synthetics overtook heroin as the leading killer, accounting for some 23,000 deaths compared to heroin's 15,525 and another 14,467 deaths from prescription opioids.

International

Mexico Senate Votes to Keep the Military in Police Role. Despite soaring violence and human rights abuses, the Mexican Senate voted early Friday to approve the "internal security law" even as protestors surrounded the Senate to decry the measure, which they say will militarize the country and harden a failed strategy of using soldiers to fight drug cartels. The bill now returns to the lower house, where passage is expected to be a formality. "We are concerned that the bill gives the armed forces a leadership and coordination role in certain circumstances, rather than limiting their role to aiding and assisting civilian authorities," said a statement issued by the UN high commissioner for human rights. "[It] does this in the absence of solid control mechanisms to ensure that operations are carried out with full respect for human rights." The proposal comes as Mexico suffers its most murderous year on record—despite having the military involved in the fight against the cartels for the past 11 years. 

Chronicle AM: Norway Moves Toward Drug Decrim, WHO Gives Thumbs Up to CBD, More... (12/14/17)

Norway moves down the path toward drug decriminalization, a New Hampshire legislative committee votes down a legalization bill, the WHO gives a thumbs up to CBD, and more.

CBD ointment. The World Health Organization has declared CBD non-addictive and non-toxic. (Pinterest)
Marijuana Policy

Illinois' Cook County to Vote on Non-Binding Legalization Referendum. The county commission voted Wednesday to put an advisory referendum on whether marijuana should be legalized on the March primary ballot. While the vote is only advisory, a strong "yes" vote in the state's most populous county would send a signal to state legislators in Peoria, who will be considering legalization next year.

New Hampshire House Committee Votes Down Marijuana Legalization Bill. The House Criminal Justice Committee voted 13-7 Tuesday to kill a legalization bill, House Bill 656.

International

World Health Organization Declares CBD Non-Addictive, Not-Toxic. In a recent report, the World Health Organization (WHO) declared cannabidiol (CBD) non-addictive and non-toxic. "In humans, CBD exhibits no effects indicative of any abuse or dependence potential," WHO concluded. The organization's Expert Committee on Drug Dependence (ECDD) found "no evidence of public health related problems associated with the use of pure CBD." The committee also found that clinical trials showed CBD could be useful for treating epilepsy and "a number of other medical conditions."

Norway Begins Move to Drug Decriminalization. A majority of the parliament has moved to begin shifting the country's drug policies toward decriminalization. "The majority in the parliament has asked the government to prepare for reform," a spokesperson for the Storting told Newsweek. "It has started a political process," he said. But he cautioned that "it's just the starting point," and that there's no legislation yet. Parliamentarians will be heading to Portugal in the spring to see how the Portuguese did it.

Global Coalition Calls for International Criminal Court to Intervene in Philippines. A coalition of dozens of groups and individuals worldwide led by Help Not Handcuffs has sent an open letter to the International Criminal Court urging it to investigate the Duterte government for crimes against humanity for the wave of killings of suspected drug users and sellers that has left thousands of people dead in the last year.

How Bigoted Pennsylvania Drug Warriors Turned This New York Man's Life into a Living Hell [FEATURE]

In June, 2014, Wilfredo Ramos was driving back to his Brooklyn home after visiting his mother in Lancaster, Pennsylvania when two Pennsylvania State Police troopers detoured him into a Kafkaesque nightmare from which he emerged only five months later.

The traffic stop from hell happened to Wilfredo Ramos -- and happened, and happened. (Sonoma County Sheriff's Office)
In the meantime, Ramos rotted in jail on bogus charges, losing his job, his car, and his apartment. Now, in a small gesture of redress, the State Police have agreed to pay Ramos $150,000 for his travails in a taxpayer-funded settlement, but the cops still admit no fault or liability.

According to the lawsuit that ended in the settlement, Ramos' nightmare began when he was pulled over by Troopers Justin Summa and Kevin Vanfleet on June 6, 2014. Neither trooper said why they stopped Ramos, and the suit alleged they were engaged in racial profiling because Ramos is Hispanic and was driving a car with New York plates.

Summa claimed he smelled alcohol, and Ramos replied that he had not been drinking. Summa then challenged Ramos, citing his ethnicity and place of residence. "We know you have drugs," Summa told him, "just tell us where they are." Ramos denied possessing any drugs.

Summa then administered a Breathalyzer test, which came back negative for alcohol, and ordered Ramos to perform field sobriety tests, which he completed without any problem. The encounter should have ended at that point, with Ramos being thanked for his cooperation and sent on his way, since there was no evidence he had committed any crime.

But that's not what happened. Instead, although Ramos had cleared all the tests and although they lacked probable cause, Troopers Summa and Vanfleet arrested Ramos for driving under the influence, giving them a pretext to search his vehicle in their quest to make a drug bust. Their search turned up nothing.

The troopers then took Ramos to state police headquarters where they administered yet another Breathalyzer test, which they described as "inconclusive." The next stop was the Lehigh County DUI center, where Ramos consented to have his blood drawn to be tested.

According to the lawsuit, typical practice in Lehigh County is that people arrested under suspicion of drunk driving who have no prior drunk driving arrests and where there was no accident or injuries are released pending blood test results. That didn't happen with Ramos. Instead, he was held under $10,000 cash bail -- an amount he could not raise.

As Ramos rotted in jail, his blood sample was tested twice by the Lehigh Valley Health Network Laboratory, which found on June 18, 2014, that it contained no drugs or alcohol. Trooper Summa then ordered a third test of the sample, this time for a broader spectrum of substances, but again the results were negative.

On the same day the test results came in, Summa testified in a preliminary hearing on Ramos' case that the results were not yet in. He did not tell the court about the negative test results. Ramos remained in jail for 158 days until he was found not guilty in Lehigh County Court after blood tests showed no illegal substances or alcohol in his system.

While Ramos was jailed, he was fired from his job and lost his home. He lost his car, too: The tow truck operator notified Ramos by mail about a deadline to retrieve his vehicle, but because Ramos was in jail, no one was at his residence to receive the letter.

Ramos' lawsuit charged that Troopers Summa and Vanfleet conspired to falsely arrest him despite finding no evidence that he was impaired or had drugs in his car. The lawsuit also named five state police supervisors, from the troop commander to former state police Commissioner Francis Noonan, as liable for racially motivated misconduct, unlawful seizure, violations of due process of law, denial of equal rights, conspiracy to interfere with civil rights, and other Civil Rights Act violations.

While the State Police admitted no fault or liability, their willingness to settle the case speaks for itself.

Attorney Joshua Karoly, who represented Ramos in the lawsuit, was magnanimous after the settlement was announced. "It was a mistake that this happened, and this resolution is going to go a long way toward getting his life back on track to where it was before this happened," Karoly told the Lancaster Morning Call. "It makes mistakes like that much less likely when they're brought to the public's attention."

Medical Marijuana Update

The Rohrabacher-Blumenauer amendment stays alive (for now) in the stopgap spending bill, Honolulu's police chief backs away from seizing patients' guns, and more.

National

Last Thursday, federal medical marijuana protections got a two-week reprieve. The passage of a stopgap spending bill means the Rohrabacher-Blumenauer amendment ban on spending federal funds to go after medical marijuana in states where it is legal remains in force for at least another two weeks. That's good as far as it goes, but it doesn't go nearly far enough, said Rep. Earl Blumenauer (D-OR) in a statement: "While we are pleased that these critical protections will continue, two weeks is not enough certainty for the millions of Americans who rely on medical marijuana for treatment and the businesses who serve them," Blumenauer said. "As Congress works out a long-term funding bill, it must also include these protections. And ultimately, Congress must act to put an end to the cycle of uncertainty and permanently protect state medical marijuana programs -- and adult use -- from federal interference."

Hawaii

Last Wednesday,the Honolulu police chief admitted the department erred in trying to take guns from patients. Chief Susan Ballard acknowledged to the Honolulu Police Commission that the department's abortive move to make medical marijuana patients turn in their firearms "was incorrect." She said the department will return two guns to people who turned them in voluntarily, but she also said the department will continue to deny new gun permits to cardholders.

Nevada

Last Thursday, the state's highest court okayed the state's medical marijuana registry. The state Supreme Court ruled unanimously that the state's medical marijuana registry does not violate constitutional provisions of due process, equal protection, and the right against self-incrimination. "We conclude Nevada's medical marijuana registry does not impinge upon a fundamental right," said the opinion written by Justice Ron Parraguirre. "We further conclude the registry is rationally related to the legitimate state interest of protecting the health, safety and welfare of the public."

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: WI Dem Governor Contender Rips Walker on Food Stamp Drug Tests, More... (12/13/17)

The Hartford, CT, city council says legalize it, a Wisconsin Democratic gubernatorial canddate attacks Scott Walker over food stamp drug testing, Colombia meets coca eradication goals, and more.

Gov. Walker wants Wisconsin to be the first state in the country to drug test food stamp recipients. (Creative Commons)
Marijuana Policy

Hartford, CT, City Council Calls for Legalizing and Taxing Marijuana. The city council voted unanimously Monday night to approve a resolution calling for the legalization and taxation of marijuana. The resolution also calls on the city to conduct an economic impact study and hold public hearings on the issue, as well as measures to "ensure racial equity in ownership and employment."

Drug Testing

Wisconsin Democratic Governor Candidate Rakes Walker on Food Stamp Drug Testing. Democratic gubernatorial contender Matt Flynn slammed Gov. Scott Walker's (R) plan to impose drug screening and testing on food stamp recipients Tuesday: "I condemn this in the strongest terms. First, it is hypocritical. Walker and his Republican allies claim to be against intrusive big government, but there has never been a more intrusive, big-government administration in our state's history," he said. "Second, this is foolishly wasteful of our state's limited resources. By the administration's own admission, fewer than one-third of one percent of all food stamp recipients will likely be identified as drug users. Numerous states have passed similar 'reforms' and have actually found that recipients of these programs test positive at a lower rate than the general population. These 'reforms' always cost more money than they save. Third, and most importantly, this policy is offensive in the extreme. It demeans people experiencing poverty. It is unconscionable."

Law Enforcement

Kansas Couple Whose Home Was Raided in Bungled Marijuana Search Loses Lawsuit. The couple, a pair of former CIA employees who were growing tomato plants hydroponically, were raided by Johnson County sheriff's deputies searching for marijuana. Deputies zeroed in on the couple after spotting them at a hydroponics store, then searched their trash and mistook discarded tea leaves for marijuana leaves. The couple sued, alleging deputies violated their Fourth Amendment rights, but a federal jury disagreed. The couple says they will appeal.

International

Colombia Says It Met Coca Eradication Deadline, Hints at Shift to Crop Substitution. Colombian Defense Minister Luis Carlos Villegas said the country had eradicated some 125,000 of coca planting ahead of a deadline agreed to with the US. He said the target for forced eradication next year would decline to 100,000 acres. This year's forced eradication program was five times larger than last years' and led to clashes between troops, eradicators, and growers that left at least ten coca farmers dead.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. 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: First Look at Ohio Legalization Initiative, HSBC Gets Off Probation, More... (12/12/17)

The folks behind Ohio's 2015 "monopoly" marijuana legalization are back with details on their proposed "free market" 2018 initiative, Denver gets its first marijuana social club application, the Justice Department ends its deferred prosecution agreement with HSBC bank over drug cartel money laundering, and more.

Marijuana Policy

First Look at Proposed Ohio Legalization Initiative. The two men behind Ohio's failed 2015 marijuana legalization "monopoly" initiative held a press conference Monday outlining their proposed 2018 initiative. Unlike the 2015 initiative, next year's version would be a "free market" approach, there would be a local option to ban pot businesses, public smoking of marijuana would not be allowed, businesses would have to stay 500 from schools and churches, and individuals would have the right to grow their own (although landlords could forbid tenants from doing so). Organizers said they plan to submit their initiative to state officials next month.

Denver Gets First Marijuana Social Club Application. A business that wants to allow on-site vaping and consumption of marijuana edibles has become the first to apply for a marijuana social club license. Denver residents voted to allow such businesses when they approved Initiative 300 last year. The Coffee Joint next faces a public hearing, but has already won the backing of its local neighborhood association.

Law Enforcement

Justice Department Closes File on HSBC Drug Money Laundering. The Department of Justice will end its deferred prosecution agreement with HSBC, Europe's largest bank, after five years, marking the end of its punishment of the bank for laundering hundreds of millions of dollars in Mexican drug cartel funds. DOJ hit HSBC with a $1.9 billion fine and imposed the five-year deal in 2012, demanding that HSBC strengthen its sanctions and anti-money laundering programs, which it has now apparently done. No one has faced criminal charges in the case.

International

Canada Federal Government, Provinces Reach Agreement on Marijuana Taxes. Canada's federal government and the provinces have agreed in principle on a two-year tax sharing agreement that would give provinces 75% of the eventual revenues. The federal Liberals have proposed a 10% excise tax on marijuana products and had originally proposed splitting the money 50-50, but have now retreated in the face of loudly-voiced provincial concerns that they would bear most of the burden of legalization-related costs.

Chronicle AM: San Francisco, LA Pass Legal Weed Rules, Sales Begin Next Month, More... (12/7/17)

California's big cities clear the way for legal weed sales, California's small marijuana farmers worry about big grower competition, Delaware cops want pot people's guns, and more.

Marijuana Policy

California NORML Recommends Priority Licensing for Small-Scale & Outdoors Cultivators. The marijuana activist group is calling on state regulators to create a licensing priority scheme that would favor small outdoor grows of up to an acre over both indoor mixed lighting and indoor high-intensity lighting operations and leave large-scale operations out of consideration. The group fears that emergency licensing regulations as written could "open the door to large-scale, industrial mega-grows that could monopolize California's limited available acreage, exacerbate environmental harm, and stifle participation by smaller growers."

Los Angeles City Council Approves Legal Marijuana Rules, Sales Set for January 1. The city council agreed Wednesday to a package of regulations for legal marijuana commerce, clearing the way for legal sales to begin on January 1. The approved rules include a "social equity" program aimed at prioritizing communities that have historically been affected by the war on drugs. Under that program, cannabusiness operators that meet "social equity" criteria would be moved to the head of the line for license applications.

San Francisco Mayor Approves Legal Marijuana Rules, Sales Set for January 6. Mayor Ed Lee Wednesday signed into law legislation setting rules for legal marijuana commerce in the city. But because the city has been slow in reaching agreement on the pot rules, it won't quite be ready on January 1. Instead, city officials are looking at January 6 as the legal sales date.

Delaware Police Look at Gun Ban for Marijuana Users. Law enforcement officials Wednesday told a task force studying legalization that marijuana users should be forced to have an endorsement on their drivers' licenses indicating they use marijuana to help ensure that they cannot own guns. "It would make sure that we are doing everything we can to ensure that prohibited people are not buying firearms in Delaware," he explained after the meeting.

Indiana Prosecutors Formally Oppose Marijuana Legalization. The Association of Indiana Prosecuting Attorneys, Inc. formally opposed the legalization of marijuana in any form for any reason at a news conference in Indianapolis Wednesday. Also on hand were the Boone County Sheriff's Department, the Indiana Chamber of Commerce, and the anti-legalization group Smart Approaches to Marijuana (SAM).

Heroin and Prescription Opioids

Senator Manchin Calls on FDA to Adopt Changes in Opioid Fight. Sen. Joe Manchin (D-WV) has sent a letter to Food and Drug Administration Commissioner Dr. Scott Gottlieb calling for three major changes in opioid policy. Manchin wants mandatory and continuing education for healthcare providers, a review of every opioid on the market, and for the FDA to remove one opioid from the market for each new one it approves.

International

Dutch Justice Officials Accused of Interfering With Marijuana Research to Advance Their Political Agenda. Senior justice ministry officials are accused of interfering with research on marijuana tourism. According to a whistleblower, researchers concluded that a policy of repression and banning sales to foreigners was not needed because there was very little actual nuisance from drug tourism in many places. But ministry officials didn't like those conclusions, so they deleted research questions and removed an entire chapter with conclusions and recommendations on a better policy. This took place under then Justice Minister Ivo Opstelten. Current Justice Minister Ferdinand Grapperhaus said Thursday he had commissioned an external inquiry in the matter.

December 10 is Human Rights Day

This Sunday, December 10, is the UN Human Rights Day, with the week being marked by observances and events around the world. UN agencies have made significant progress in recognizing the impact of drug policies and human rights, and our own efforts for the 2016 "UN General Assembly Special Session on the World Drug Problem" (UNGASS) brought together hundreds of NGOs arguing for human rights as the basis not only for drug policy reform, but even for questioning prohibition. One resource on the intersection of drugs and human rights is a set of fact sheets published by the Open Society Foundations, and many more can be found through a web search.

Eleanor Roosevelt chaired the drafting committee for the Universal Declaration of Human Rights (un.org)
As many of our readers know, StoptheDrugWar.org has been engaged in advocacy seeking to stop the campaign of drug war killings taking place in the Philippines. The link includes actions you can take including writing the US Congress about our foreign aid. One of our partners, the Filipino American Human Rights Alliance, and others are organizing a number of events for Human Rights Day. Some of the locations include Los Angeles, SF and the Bay Area, Chicago, Sydney, Melbourne, Paris and Bahrain -- email us if you want info on where to find them.

There is late-breaking word that the Philippines intends to announce its withdrawal from the International Criminal Court at the UN today. We'll post more on the site when we know it.

Earlier this week Foreign Policy magazine accorded its prestigious Global Thinker award to Senator Leila de Lima, who is in her 287th day of detention since challenging Philippine President Duterte on the killings. You can read her remarks online here. A video about Sen. de Lima's saga is online here. Lastly for the moment, a solidarity message for Human Rights Day from Philippine Senator Antonio Trillanes.

Looking Back: The Biggest Domestic Drug Policy Stories of the Past 20 Years [FEATURE]

As Drug War Chronicle marks the publication of its 1,000th issue (with yours truly having authored 863 of them going back to 2000), we reflect on what has changed and what hasn't in the past couple of decades. This piece recounts our domestic drug policy evolution in the US; a companion piece looks at the international picture.

A lot has happened. We've broken the back of marijuana prohibition, even if we haven't killed it dead yet; we've seen medical marijuana gain near universal public acceptance, we've seen harm reduction begin to take hold, we've fought long and hard battles for sentencing reform -- and even won some of them.

But it hasn't all been good. Since the Chronicle began life as The Week Online With DRCNet back in 1997, more than 30 million people have been arrested for drugs, with all the deleterious consequences a drug bust can bring, and despite all the advances, the drug war keeps on rolling. There's been serious progress made, but there's plenty of work left to do. 

Here are the biggest big picture drug stories and trends of the past 20 years:

1. Medical Marijuana

It was November, 1996, when California became the first state to legalize medical marijuana, five years after San Francisco became the first city in the country to pass a medical marijuana measure, thanks in large part to the efforts of activists who mobilized to make its use possible for AIDS patients. Two years later, Alaska, Oregon, and Washington came on board, and three years after that, Hawaii became the first state to allow it though the legislative process. Now, 29 states, the District of Columbia, Guam, and Puerto Rico allow for the use of medical marijuana, and public support for medical marijuana reaches stratospheric levels in polls.

But the battle isn't over. The federal government still refuses to officially recognize medical marijuana, potentially endangering the progress made so far, especially under the current administration, efforts to reschedule marijuana to reflect its medical uses remain thwarted, some of the more recent states to legalize medical marijuana have become perversely more restrictive, and in some of the more conservative states, lawmakers attempt to appease demands for medical marijuana legalization by passing extremely limited CBD-only laws.

2. Marijuana Legalization: In the War on Weed, Weed is Winning

Twenty years ago, pot wasn't legal anywhere, and Gallup had public support for legalization at a measly 25%. A lot has changed since then. It took repeated tries, but beginning in 2012, states started voting to free the weed, with Colorado and Washington leading the way, Alaska and DC coming on board in 2014, and California, Maine, Massachusetts, and Nevada joining the ranks last year. Now, about a fifth of the country has legalized weed, with more states lining up to do so next year, including most likely contenders Delaware, Michigan, New Jersey, and Vermont.

Now, Gallup has support for legalization at 64% nationwide, with even a slight majority (51%) of Republicans on board. The only demographic group still opposed to pot legalization is seniors, and they will be leaving the scene soon enough. Again, the battle is by no means over. Marijuana remains illegal under federal law, and congressional efforts to change that have gone nowhere so far. But it seems like marijuana has won the cultural war, and the rest is just cleaning up what's left of the pot prohibition mess.

3. Marijuana, Inc.: The Rise of an Industry

State-legal marijuana is already a $10 billion dollar a year industry, and that's before California goes on line next month. It's gone from outlaws and hippie farmers in the redwoods to sharp-eyed business hustlers, circling venture capitalists, would-be monopolists, and assorted hangers on, from accountants, lawyers, and publicists to security and systems mavens, market analysts, and the ever-expanding industry press.

These people all have direct pecuniary interests in legal marijuana, and, thanks to profits from the golden weed, the means to protect them. Marijuana money is starting to flow into political campaigns and marijuana business interests organize to make sure they will continue to be able to profit from pot.

Having a legal industry with the wherewithal to throw its weight around a bit is generally -- but not entirely -- a good thing. To the degree that the marijuana industry is able to act like a normal industry, it will act like a normal industry, and that means sometimes the interests of industry sectors may diverge from the interests of marijuana consumers. The industry or some parts of it may complain, for instance, of the regulatory burden of contaminant testing, while consumers have an interest in knowing the pot they smoke isn't poisoned.

And getting rich off weed is a long way from the justice-based demand that people not be harassed, arrested, and imprisoned for using it. Cannabis as capitalist commodity loses some of that outlaw cachet, some ineffable sense of hipster cool. But, hey, you're not going to jail for it anymore (at least in those legal states).

4. The Power of the People: The Key Role of the Initiative Process

The initiative and referendum process, which lets activists bypass state legislatures and put issues to a direct popular vote, has been criticized as anti-democratic because it allows special interests to use an apathetic public to advance their interests, as both car insurers and tobacco companies have attempted in California. It also gets criticized for writing laws without legislative input.

But like any political tool, it can be used for good or ill, and when it comes to drug reform, it has been absolutely critical. When legislatures refuse to lead -- or even follow -- as has been the case with many aspects of drug policy, the initiative process becomes the only effective recourse for making the political change we want. It was through the initiative process that California and other early states approved medical marijuana; it was five years later that Hawaii became the first state where the legislature acted. Similarly with recreational marijuana legalization, every state that has legalized it so far has done it through the initiative process; in no state has it yet made its way through the legislature, although we're hoping that will change next year.

And it's not just marijuana. The initiative process has also been used successfully to pass sentencing reforms in California, and now activists are opening the next frontier, with initiatives being bruited in California and Oregon that would legalize psychedelic mushrooms.

The bad news: Only 24 states have the initiative process. The good news: The ones that do lead the way, setting an example for the others.

Drug prohibition can't be separated from the larger struggle for racial and social justice. (Creative Commons)
5. The Glaring Centrality of Race

It took Michelle Alexander's 2010 publication of The New Jim Crow: Mass Incarceration in the Age of Colorblindness to put a fine point on it, but the centrality of race in the prosecution of the war on drugs has been painfully evident since at least the crack hysteria of the 1980s, if not going back even further to the Nixonian law-and-order demagoguery of the late 1960s and early 1970s.

We've heard the numbers often enough: Blacks make up about 13% of the population and about 13% of drug users, but 29% of all drug arrests and 35% of those doing state prison time for drugs. And this racial disparity in drug law enforcement doesn't seem to be going away.

Neither is the horrendous impact racially-biased drug law enforcement has on communities of color. Each father or mother behind bars leaves a family exploded and usually impoverished, and each heavy-handed police action leaves a bitter aftertaste.

The drug war conveyor belt, feeding an endless number of black men and women into the half-life of prison, is clearly a key part of a system of racially oppressive policing that has led to eruptions from Ferguson to Baltimore. If we are going to begin to try to fix race relations in this country, the war on drugs is one of the key battlefronts. Thanks in part to Alexander's bestseller, civil rights organizations from the traditional to newer movements like Black Lives Matter have devoted increasing focus to criminal justice, including drug policy reform.

6. Harm Reduction Takes Hold

We don't think teenagers should be having sex, but we know they're going to, anyway, so we make condoms available to them so they won't get pregnant or STDs. That's harm reduction. So is providing clean needles to injection drug users to avoid the spread of disease, making opioid overdose drugs like naloxone widely available so a dosing error doesn't turn fatal, passing 911 Good Samaritan laws to encourage and OD victims' friends to call for help instead of run away, and providing a clean, well-lit place where drug users can shoot or smoke or snort their drugs under medical supervision and with access to social service referrals.

Two decades ago, the only harm reduction work going on was a handful of pioneering needle exchanges, thanks to folks like Dave Purchase at the North American Syringe Exchange Network (founded in 1988), and early activists faced harassment and persecution from local authorities. But it was the creation of the Harm Reduction Coalition in 1993 that really began to put the movement on the map.

In this century, harm reduction practices have gained ground steadily. Now, 33 states and DC allow needle exchange programs to operate, 40 states and DC have some form of 911 Good Samaritan laws, and every state in the county has now modified its laws to allow greater access to naloxone.

The next frontier for American drug war harm reduction is safe injection sites, and on the far horizon, opiate-assisted maintenance. There is not yet a single officially sanctioned operating safe injection in the country, but we are coming close in cities such as Seattle and San Francisco. And let's not forget drug decriminalization as a form of harm reduction. It should be the first step, but that's not the world we live in -- yet.

7. Sentencing Fever Breaks

Beginning in the Reagan years and continuing for decades, the number of prisoners in America rose sharply and steadily, driven in large part by the war on drugs. The phenomenon gained America infamy as the world's biggest jailer, whether in raw numbers or per capita.

But by early in the century, the fever had broken. After gradually slowing rates of increases for several years, the number of state and federal prisoners peaked around 2007 and 2008 at just over 1.6 million. At the end of 2015, the last year for which data is available, the number of prisoners was 1.527 million, down 2% from the previous year. And even the federal prison system, which had continued to increase in size, saw a 14% decline in population that year.

But most drug war prisoners are state prisoners, and that's where sentencing reform have really begun to make a difference. States from California to Minnesota to Texas, among others, enacted a variety of measures to cut the prison population, in some cases because of more enlightened attitudes, but in other cases because it just cost too damned much money for fiscal conservatives.

Current US Attorney General Jeff Sessions would like very much to reverse this trend and is in a position to do some damage, for instance, by instructing federal prosecutors to pursue tough sentences and mandatory minimums in drug cases. But he is hampered by federal sentencing reforms passed in the Obama era. Sessions may be able to bump up the number of people behind bars only slightly; the greater danger is that his policies serve as an inspiration for similarly inclined conservatives in the states to try to roll back reforms there.

8. The Rise (and Fall) of the Opioids

In 1996, Purdue Pharma introduced Oxycontin to the market. The powerful new pain reliever was pitched to doctors as not highly addictive by a high pressure company sales force and became a tremendous market success, generating billions for the Sackler family, the owners of the company. Opioid prescriptions became more common.

For many patients, that was a good thing. Purdue Pharma's marketing push coincided with a push by chronic pain advocates -- patients, doctors and others -- to ease prescribing restrictions that had kept many patients in feasibly treatable pain. And which in many cases still do: A 2011 report by the Institute of Medicine found that while "opioid prescriptions for chronic noncancer pain [in the US] have increased sharply . . . [tlwenty-nine percent of primary care physicians and 16 percent of pain specialists report they prescribe opioids less often than they think appropriate because of concerns about regulatory repercussions." As the report noted, having more opioid prescriptions doesn't necessarily mean that "patients who really need opioids [are] able to get them."

While it's popular to blame doctors and Big Pharma for getting a bunch of pain patients addicted to opioids, that explanation is a bit too facile. Many of the people strung out today were never patients, but instead obtained their pain pills on the black market. Through a perverse system of incentives, people on Medicaid could obtain the pills by prescription for next to nothing, then resell them for $40 or $60 apiece to people who wanted them. Some pain management practices were on the cutting edge of relieving pain for patients who needed the help. But others were little more than shady pill mills, popping up in places like Ohio, Kentucky, and Florida -- places that would become the epicenter of an opioid epidemic within a few years.

When the inevitable crackdowns on pain pill prescribing came, legitimate prescribers of course got caught in the crossfire sometimes, especially those who served the poor or the patients who in the worst chronic pain. Their being targeted, or others reining in their prescribing practices, left many patients in the lurch again. And the closure of pill mills left addicted people in the lurch. But there was plenty of heroin to make up for the missing pills the addicted used to take. Mexican farmers have been happy to grow opium poppies for the American market for decades, and Mexican drug trafficking organizations know how to get it to market.

The whole thing has been worsened by the arrival of fentanyl, a synthetic opioid dozens of times stronger than pure heroin, which seems to be coming mostly from rogue Chinese pharmaceutical labs (although the Mexicans appear to be getting in on the act now, too).

And now we have a drug overdose crisis like the country has never seen before, with around 60,000 people estimated to die from overdoses this year, most of them from opioids (by themselves or in combination with alcohol and/or other drugs). The crisis is inspiring both admirable harm reduction efforts and an execrable turn to harsher punishments, while making things harder again for many pain patients. While many argue that the gentle side of the response to this epidemic is because the victims are mainly white, I would suggest that argument pays short shrift to all the years of hard work advocates and activists of all ethnicities have put in to creating more enlightened drug policies.

9. Policing for Profit: The Never Ending Fight to Rein in Asset Forfeiture

Twenty years ago, pressure was mounting in Washington over abuses of the federal civil asset forfeiture program, just as it is now. Back then, passage of the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 marked an important early victory in the fight to rein in what has tartly described as "policing for profit." It was shepherded though the house by then Judiciary Committee Chairman Rep. Henry Hyde, an Illinois Republican.

How times have changed. Now, with federal agents seizing billions of dollars each year though civil forfeiture proceedings and scandalous abuse after scandalous abuse pumping up the pressure for federal reform, the Republican attorney general is calling for more asset forfeiture. And Jeff Sessions isn't just calling for it; he has undone late Obama administration reforms aimed at reining in one of the sleaziest aspects of federal forfeiture, the Equitable Sharing program, although he is having problems getting Congress to go along.

In the years since CAFRA, a number of states have passed similar laws restricting civil asset forfeiture and directing that seized funds go into the general fund or other designated funds, such as education, but state and local police have been able to evade those laws via Equitable Sharing. Under that program, instead of seizing money under state law, they instead turn it over to the federal government, which then returns 80% of it to the law enforcement agency -- not the general fund and not the schools.

This current setup, with its perverse incentives for police to evade state laws and pursue cash over crime, makes asset forfeiture reform a continuing battlefield at both the state and the federal levels. A number of reform bills are alive in the Congress, and year by year, more and more states pass laws limiting civil asset forfeiture or, even better, eliminating it and requiring a criminal conviction before forfeiture can proceed. Fourteen states have now done that, with the most recent being Connecticut, New Mexico and Nebraska. That leaves 36 to go.

10. Despite Everything, the Drug War Grinds On

We have seen tremendous progress in drug policy in the past 20 years, from the advent of the age of legal marijuana to the breaking of sentencing fever to the spread of harm reduction and the kinder, gentler treatment of the current wave of opioid users, but still, the drug war grinds on.

Pot may be legal in eight states, but that means it isn't in 42 others, and more than 600,000 people got arrested for it last year -- down from a peak of nearly 800,000 in 2007, but still up by 75,000 or 12% over 2015.

It's the same story with overall drug arrests: While total drug arrest numbers peaked at just under 1.9 million a year in 2006 and 2007 -- just ahead of the peak in prison population -- and had been trending downward ever since, they bumped up again last year to 1.57 million, a 5.6% increase over 2015.

There are more options for treatment or diversion out of jail or prison, but people are still getting arrested. Sentencing reforms mean some people won't do as much time as they did in the past, but people are still getting arrested. And the drug war industrial complex, with all its institutional inertia and self-interest, rolls on. If we want to actually end the drug war, we're going to have to stop arresting people for drugs. That would be a real paradigm shift.

Chronicle AM: North American Pot Sales to Top $10 Billion This Year, Report Says, More... (12/6/17)

There's more money in legal weed than even the analysts thought, BC will let 19-year-olds buy pot, Peruvian coca planting was up last year, and more.

A $10 billion year for legal marijuana, and this is just the beginning. (Creative Commons)
Marijuana Policy

Retail Pot Sales Will Hit $10 Billion This Year, Report Says. A new report from the Arcview Market Research group says North American marijuana sales are growing faster than expected and should hit the $10 billion mark this year. And next year could see even faster growth with both California and Canada set to become legal marketplaces next year. Arcview said it now expects the legal marijuana market to hit $24.5 billion by 2021.

International

British Columbia Lays Out Pot Rules, Will Allow Sales to 19-Year-Olds. BC became the latest Canadian province to roll out proposed rules for looming legal marijuana, announcing that it will allow sales through a mix of government and private stores and that it will allow people 19 and over to possess and purchase marijuana. The province has not yet finalized other issues, such as whether online sales will be allowed and whether existing shops would be able to apply for licenses. Those decisions are expected next month.

Paraguay Congress Approves Medical Marijuana Planting. The congress passed a bill Tuesday that creates a state-sponsored system to import marijuana seeds and grow crops for medicinal uses. The move comes half a year after the congress approved the importation of cannabis oil, but patients and advocates had complained about problems with access. The bill still needs to be signed into law, but that is expected given that the government supports the bill.

Peruvian Coca Planting Jumped Last Year. The area planted with coca grew by 9% in 2016, the UN Office on Drugs and Crime said Tuesday. Coca cultivation covered about 110,000 acres. Coca cultivation in Colombia, Peru's chief competitor, was at more than 360,000 acres, although that could be a blip related to producer incentives linked to the peace agreement between the FARC and the government.

Philippines President Orders National Police Back to Drug War Operations. President Rodrigo Duterte has ordered the National Police to rejoin anti-drug operations. He had pulled them off the brutal crackdown on drug users and sellers in October, weeks before he hosted a summit of world leaders, including US President Donald Trump. This is the second time Duterte has pulled the National Police from the job and then reinstated them; the first time was in January, amidst public outrage over the killing of a South Korean businessman. 

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School