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Chronicle AM: PA US Attorney's SIJ Warning, Malaysia MedMJ Death Penalty Lifted, More... (10/15/2018)

The US Attorney for Eastern Pennsylvania tries to scare away a proposed safe injection site in Philadelphia, Malaysia's cabinet puts a "moratorium" on the death sentence for a medical marijuana provider -- and the country is likely to end the death penalty as a whole because of the case -- and more.

The specter of a safe injection like Vancouver's InSite in Philadelphia garners a warning from the federal prosecutor. (CC)
Marijuana Policy

Washington State Regulators Put Temporary Hold on Pot Candy Ban. The State Liquor and Control Board last week announced a ban on certain marijuana-infused candies, but now says it will hold off on the ban for a month in order to allow marijuana industry groups to present alternative rules. The board will now accept public comment for 30 days before taking up the ban again.

Wisconsin Senate Candidates Clash Over Marijuana Policy. US Senator Tammy Baldwin (D) and her Republican challenger, Leah Vukmir, clashed over marijuana policy during a debate Saturday night. Baldwin said she would support changing marijuana from Schedule I to Schedule II to allow the drug to be researched for medical purposes. Vukmir responded by that it was "concerning" that Baldwin would support legalization (Editor's Note: She didn't). She also called marijuana highly addictive and suggested it would worsen the opioid crisis.

Harm Reduction

Philadelphia US Attorney Warns on Safe Injection Sites. The US attorney for the Eastern District of Pennsylvania, William McSwain, warned Saturday against the city moving forward with plans for a safe injection site. "This sort of facility that is being proposed is illegal under federal law," he said. He added that his office is reviewing possible options to stop it, including court orders, blocking the opening of the facility, and even possibly arrests and prosecutions. "Nobody is above the law -- and by that I mean nobody," McSwain said. "I mean the leaders who would be involved in setting up this proposed deadly drug-injection site, the board members… the city officials who would be involved in supporting it, the medical personnel who might be staffing it or the folks who might be using the drugs."

International

Malaysia Medical Marijuana Distributor Death Sentence on Hold as Case Prompts Likely End to Death Penalty Entirely. The Malaysian cabinet has agreed to place a moratorium on the death sentence for Muhammed Lukman, who was convicted of possessing, processing, and distributing cannabis oil. "As a consensus, we agreed that it (death penalty) should not have been imposed. At the same time, we have also agreed to put a moratorium on his death penalty," Youth and Sports Minister Syed Saddiq told reporters.

But that's not all. The case has catalyzed a likely end to the death penalty in Malaysia entirely, with political figures up through the Prime Minister calling for it. Saddiq said about the issue, "[I]t's two accounts. One is the death penalty as a whole, which will be taken down. And second, at the same time, the usage of medical marijuana should never be punished by death penalty." He also said the Cabinet had agreed that patients who used medical marijuana should never be punished by the law.

Lukman was arrested in December 2015 for possessing 3.1 liters of cannabis oil, 279 grams of compressed cannabis, and 1.4 kilograms of "substance containing tetrahydrocannabinol (THC)."

(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: FDA Seeks Public Comment on Marijuana Classification WA Bans Gummies and Candies, More... (10/10/18)

The FDA is seeking public comment on marijuana classification, Mississippi cops continue to seize cash and other goods despite a change in state law that should have stopped them, and more.

No marijuana-infused gummies for you, Washington staters! (Creative Commons)
Marijuana Policy

Trump Administration Seeks Public Comments On Marijuana Reclassification. The Food and Drug Administration (FDA) is seeking public comment about "the abuse potential, actual abuse, medical usefulness, trafficking, and impact of scheduling changes on availability for medical use" of cannabis and several other substances now under international review. Marijuana is currently Schedule I under US law and international anti-drug treaties. Public comments "will be considered in preparing a response from the United States to the World Health Organization (WHO) regarding the abuse liability and diversion of these drugs," Leslie Kux, FDA's associate commissioner for policy, wrote in a Federal Register filing published on Wednesday. "WHO will use this information to consider whether to recommend that certain international restrictions be placed on these drugs."

Pennsylvania Marijuana Decriminalization Bill Wins Committee Vote. A bill to decriminalize the possession of up to 30 grams of marijuana, House Bill 928, was approved in the House Judiciary Committee Tuesday. Under current state law, possession is a third-degree misdemeanor punishable by up to 30 days in jail and a driver's license suspension. The bill now heads for a House floor vote.

Philadelphia Mayor Again Calls for Marijuana Legalization. Philadelphia Mayor Jim Kenney said once again on Tuesday that Pennsylvania should legalize the recreational use of marijuana statewide. "Legalizing cannabis is the right thing to do for the commonwealth," Kenney said as he announced the 2018 Cannabis Opportunity Conference next weekend. "We don't need to be wasting precious resources locking people up for marijuana possession when we should be focused on improving our schools and other priorities."

Washington State Regulators Move to Ban Marijuana Gummies and Hard Candies. The state Liquor and Cannabis Control Board announced last week it would reverse its earlier approval of marijuana-laced gummies and hard candies because they are "especially appealing to children." The board told pot companies that "all production of hard candy, tarts, fruit chews, colorful chocolates, jellies, and any gummy type products should cease" because they will no longer be approved for sale under new regulations that go into effect January 1, 2019. Stores can sell such products through April 3, 2019, or until existing inventory is depleted.

Asset Forfeiture

Mississippi Police Ignore New State Law, Keep Seizing Property. Police agencies in the state have continued to seize cash, guns, and vehicles under a state law that lapsed on June 30. That law allowed police to seize up to $20,000 in property associated with illegal drugs. Now, Mississippi agencies must sue in court and get a judge to approve seizures, as they already were required to do with larger amounts, but state police agencies have made at least 60 seizures since then without obtaining prior judicial approval.

Chronicle AM: Trump Calls for "Stop and Frisk" in Chicago, Bangladesh's Bad New Drug Law, More... (10/9/18)

Efforts to establish safe injection sites in Philadelphia and San Francisco hit some bumps in the road, President Trump calls for "stop and frisk" policing in Chicago, and more.

President Trump calls for "stop and frisk" policing in Chicago -- after the city agreed to stop it. (Creative Commons)
Harm Reduction

Pennsylvania Governor Rejects Philadelphia Safe Injection Site Proposal. Even though Philadelphia officials are moving ahead with plans for a safe injection site, having formed a nonprofit last week to oversee the project, Gov. Tom Wolf (D) is not behind the plan. "It's not a workable solution to this problem," he said. "The course that I think we ought to take, and what I'm doing at the state level, is to figure out ways to get people to stop wanting to use those drugs. I would not want to be guilty of spending any public money to give people the sense that this is something that's OK. I just don't think that's a good idea." He and Democratic Attorney General Josh Shapiro worry about conflicting with a 1986 law, the federal "crack house" law that bars the use of a facility "for the purpose of manufacturing, distributing, or using any controlled substance."

San Francisco Mayor Still Weighing Safe Injection Sites, Despite Veto of State Bill. Mayor London Breed (D) is now pondering the city's way forward with a safe injection site after Gov. Jerry Brown (D) last week vetoed a bill that would have put the state of California fully behind the effort. Breed is said to be concerned about threats of possible federal prosecution if the plan moves toward fruition.

Law Enforcement

President Trump Calls for Police "Stop and Frisk" Tactics in Chicago. Speaking to the International Association of Police Chiefs in Orlando Monday, President Trump called on Chicago police to embrace "stop and frisk" policing as a tool to reduce violence in the country's third-largest city. "Stop and frisk" was embraced for years by the New York City police department, but was widely criticized as overwhelmingly aimed at minority populations and ultimately ruled unconstitutional as carried out by the NYPD. "Gotta be properly applied, but stop-and-frisk works," said Trump. The city of Chicago reached an agreement with the American Civil Liberties Union of Illinois in 2015 to curb stop-and-frisk procedures after the ACLU threatened to file a lawsuit over the issue. A spokesman for Mayor Rahm Emanuel (D) blasted Trump for his "clueless" criticism. "Even someone as clueless as Donald Trump has to know stop-and-frisk is simply not the solution to crime," Matt McGrath said in an emailed statement.

International

Bangladesh Moving to Impose Death Penalty for as Little as Five Grams of Meth. The cabinet has approved in principle a draft of the Narcotics Control Act of 2018 that introduces the death penalty for anyone producing, smuggling, distributing, or using more than five grams of methamphetamine. The draft also sets life in prison as the mandatory minimum sentence for such offenses. Less than five grams of meth would merit a sentence of up to 15 years, with a mandatory minimum of five years. The new law also would mandate the death penalty for more than 25 grams of heroin or cocaine.

Ohio Initiative Would End Prison for Drug Possession [FEATURE]

Progressive voters in battleground Ohio will have one more reason to head to the polls next month. Not only do they have a chance to put a Democrat in the governor's mansion and reelect US Senator Sherrod Brown, but they also will have the opportunity to enact a dramatic sentencing reform that will keep thousands of non-violent drug offenders out of prison and help inmates currently serving time for drug possession get back into their communities sooner.

Issue 1, the smartly named Neighborhood Safety, Drug Treatment, and Rehabilitation Amendment, would:

  • Reclassify drug possession offenses as misdemeanor crimes, except for drug possession or trafficking offenses currently categorized as first-, second- or third-degree felonies;
  • Prohibit jail sentences for drug possession until an individual's third offense within 24 months;
  • Allow inmates convicted of nonviolent crimes to reduce their sentences up to 25 percent for completing rehabilitative, work or educational programming;
  • Apply cost savings from reduced prison expenses to drug treatment programs and crime victim services.

That's right, passage of Issue 1 would effectively defelonize drug possession in the Buckeye State. At least 16 states have already taken similar steps to ratchet down the drug war, including California, New York, and neighboring Pennsylvania. And now, thanks to local grassroots organizing backed by some big outside money, Ohio could be next.

It could use the help. The state's prison population has hovered around 50,000 for nearly two decades after rising dramatically during the height of drug war repression in the 1980s and 1990s, and nearly a quarter of inmates are doing time for drug offenses. Unsurprisingly, Ohio suffers the same sort of racial disparities as the rest of the country, with blacks more than five times as likely to be imprisoned as whites, and Latinos nearly twice as likely. The state's resort to mass incarceration costs it around $2 billion a year in corrections costs.

The initiative is the brainchild of the Ohio Organizing Collaborative, a coalition of 20 community organizations, faith institutions, labor unions, and policy groups across the state, and its Ohio Safe and Healthy Communities campaign. Its aim is to reduce mass incarceration and racial disparities in the criminal justice system and increase access to drug treatment. Issue 1 would "invest in proven treatment for addiction instead of more spending on bloated prisons," explained campaign manager Amanda Hoyt.

While the initiative is homegrown, the funding for it is coming mainly from out-of-staters. Facebook founder Mark Zuckerberg's Chan Zuckerberg Initiative has kicked in $1 million, and Facebook co-founder Dustin Moskovitz's Open Philanthropy Project ponied up another $1 million. George Soros's Open Society Policy Center provided $1.5 million, while California businessman Nicholas Pritzker and his wife Susan added another $60,000. Of the $4.8 million raised by the campaign, all but $19,000 came from out of state.

"Relying on incarceration to solve addiction and the conditions that drive lower-level crimes actually doesn't make communities safer, and it results in huge expenses to taxpayers with devastating impact to individuals, families, and entire communities," said Ana Zamora, criminal justice manager at the Chan Zuckerberg Initiative, in a statement.

Issue 1 will "put taxpayer dollars to better use by reducing reliance on prisons to address certain nonviolent offenses, including drug use and possession," Zamora added.

The opposition to Issue 1 isn't nearly as deep-pocketed, but it represents much of the state's criminal justice and Republican political establishment. No opposition political action committees have reported donations, but groups such as the Ohio Prosecuting Attorneys Association, the Ohio Common Pleas Judges' Association, the Association of Municipal and County Court Judges of Ohio, the Buckeye State Sheriff's Association, and the Ohio Association of Chiefs of Police have all come out against Issue 1.

And while Democratic gubernatorial candidate Richard Cordray has endorsed Issue 1, current Republican Gov. John Kasich, GOP gubernatorial candidate Mike DeWine, all the Republicans running for statewide office, and the state Republican Party itself have all announced their opposition.

"Unfortunately, Issue 1 is a one-sided proposal that will weaken the tools available to our elected representatives, county prosecutors, and judges to make and enforce laws. It will eliminate important incentives to encourage drug treatment for the addicted, and allow the drug dealers who prey on addiction to freely roam the streets," said former secretary of state Ken Blackwell in rhetoric typical of the opposition.

Other opponents resorted to hyperbolic "sends the wrong message" arguments. "The message to children is that these drugs are not dangerous; the message to drug dealers is that doing business in Ohio is low-risk," warned Louis Tobin, executive director of the prosecutors' association, and Paul Pfeifer, executive director of the Ohio Judicial Conference, in their official argument.

It must be noted that Issue 1 defelonizes only drug possession -- not drug distribution.

There has been no polling to determine what kind of support the measure has, at least none announced publicly. Will an energized Democratic base carry the day for Democrats and Issue 1 in a closely divided state on Election Day? That remains to be seen, but all those millions in campaign funds should help buy plenty of TV ads and influence voters in these final weeks. Stay tuned.

Chronicle AM: CA Governor Vetoes Safe Injection Sites Bill, MI Pot Poll Looks Good, More... (10/1/18)

Jerry Brown signs and vetoes drug bills, the drug czar's office confirms the existence of a secretive marijuana committee, Johns Hopkins researchers suggest psilocybin should be Schedule IV, and more.

California Gov. Jerry Brown (D) has been very busy lately. (Facebook)
Marijuana Policy

White House Confirms It's Been Running An Anti-Marijuana Committee. The White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) has confirmed the existence of a secretive committee operated from the White House with an agenda to portraying marijuana as a national threat and propagating negative attitudes toward the drug and its users. The existence of the committee was revealed by Buzzfeed News last month, and ONDCP confirmed its existence in a letter to Sen. Michael Bennet (D-CO), who inquired after the initial media report. ONDCP claims the work of the committee will be unbiased.

California Governor Signs Cannabis Equity Act into Law. Gov. Jerry Brown (D) has signed into law Senate Bill 1294, the Cannabis Equity Act. The law aims to reverse some of the damaging impacts marijuana prohibition has had on people from disadvantaged communities. It is the first social equity marijuana law passed in the United States. Four California cities -- Los Angeles, Oakland, Sacramento, and San Francisco -- have already established local equity programs, and they will be well-placed to receive funding under this new law.

Michigan Poll Has Legalization Initiative Winning. A new poll from EPIC/MRA for the Detroit Free Press has the Proposal 1 marijuana legalization initiative winning the support of 55% of respondents, with 41% opposed. While that is a fairly comfortable lead, it is down from the 61% support reported by the same pollsters in a March poll.

Medical Marijuana

Utah Medical Marijuana Initiative Opponents Pony Up Cash. Opponents of the Prop 2 medical marijuana initiative are ponying up big bucks in a bid to defeat the measure. Wealthy Utahns have contributed $230,000 to the opposition group Drug Safe Utah in recent months and $65,000 to another anti group, the Truth About Proposition 2, while initiative sponsors the Utah Patients Coalition has raised only $68,000, with $50,000 of that coming from the Marijuana Policy Project.

Hemp

California Governor Signs Hemp Bill. Gov. Jerry Brown (D) has signed into law Senate Bill 1409, which clarifies the state's existing hemp laws. The law ends some certification requirements on hemp seed cultivars and restriction on how hemp can be produced.

Psychedelics

Johns Hopkins Researchers Suggest Psilocybin Should Be Reclassified as Schedule IV. In an evaluation of the safety and abuse research on psilocybin, the psychoactive ingredient in magic mushrooms, researchers at Johns Hopkins University suggested that if the drug clears clinical trials, it should be scheduled as Schedule IV, like prescription sleeping aids. It is currently classified as Schedule I, a drug with no known medical potential and a high potential for abuse.

Harm Reduction

California Governor Vetoes Safe Injection Site Bill. Gov. Jerry Brown (D) has vetoed Assembly Bill 186, which would have allowed San Francisco to open overdose prevention services that would let drug users use controlled substances under the supervision of staff trained to treat and prevent drug overdose and link people to drug treatment, housing, and other services. "I am shocked that the Governor turned his back on the science and the experts and instead used outdated drug war ideology to justify his veto," said Laura Thomas, Interim State Director of the Drug Policy Alliance. "He cited long-disproven ideas about substance use in his veto message rationale. It's disturbing that Governor Brown apparently believes these myths about the need for coercive treatment and even more disturbing that people will die because of his veto. Drug overdose is the leading cause of accidental death in California. How many people have to die before Governor Brown is willing to listen to the science and evidence and experience? How many families have to lose a loved one?"

Sentencing

California Governor Signs Bill Giving Judges Power to Set Aside Five-year Sentencing Enhancement. Gov. Jerry Brown (D) has signed into law Senate Bill 1393, the Fair and Just Sentencing Act. The bill will give state judges the discretion not to impose five-year sentencing enhancements if they feel they are unwarranted. "This new law is a crucial step in ending the mandatory use of failed and punitive policies from California's tough on crime era," said Eunisses Hernandez, Policy Coordinator at the Drug Policy Alliance. "This five-year enhancement is one of the most used enhancements in California; with close to 100,000 years applied to sentences of people in custody of the California Department of Corrections and Rehabilitation. California can and must continue to be a leader in repealing ineffective and punitive policies that waste millions in taxpayer dollars on incarceration, tear families apart, and fail to help our communities thrive."

Chronicle AM: Bad Drug Bill Dropped From Fed Opioid Package, Acapulco Cops Disarmed, More... (9/26/18)

A bad provision gets stripped out of the congressional opioid package, a Pennsylvania legislator files a legalization bill, Mexican Marines disarm Acapulco cops, and more.

The Mexican military disarms all the cops in Acapulco amidst allegations of drug gang links. (Creative Commons)
Marijuana Policy

Pennsylvania State Rep Files Bill to Legalize Marijuana. State Rep. Jake Wheatley (D-Allegheny) has introduced a bill to legalize marijuana for adults and expunge the records of people convicted of past pot-related crimes. "My bill would immediately release people jailed for crimes associated with cannabis," Wheatley said in a news release. "Those who have criminal histories related to cannabis would be expunged, and professional and driver's licenses that were revoked or suspended due to cannabis-related crimes would be reinstated. For far too long, the criminal justice system has unfairly punished Pennsylvanians, especially minorities, who are caught with cannabis." The bill also would create a system of taxed and regulated marijuana commerce. It's not yet available on the legislative website.

Drug Policy

Damaging Drug War Provision Excluded From Congressional Opioid Package. Late last night, the final text for the Congressional opioid package was released. SITSA, a sweeping bill expanding penalties on synthetic drugs and the broader war on drugs -- passed the House in July, and was expected to be included in the final bill. But a coalition of drug policy and criminal justice reform groups managed to push back against its inclusion, successfully keeping it out of the bill. "This is a huge win for public health over outdated drug war approaches," said Michael Collins of the Drug Policy Alliance's national office. "The bill would have expanded mass incarceration, while worsening the overdose crisis. It would have given Jeff Sessions unprecedented powers to schedule drugs and set draconian new criminal penalties. To pull this back from the brink after it easily passed the House only two months ago is a tremendous victory."

Pennsylvania Supreme Court to Decide Whether Maternal Drug Use Equals Child Abuse. The state's highest court on Tuesday began weighing whether women who abuse drugs during their pregnancies can be punished under state law as child abusers. The court has never addressed the matter, which is again igniting debate as the opioid crisis spawns a new generation of babies born dependent on their mothers' drugs. The justices heard oral arguments in the case of a woman who gave birth in January 2017 to a child who spent 19 days in the hospital being treated for drug withdrawal. The woman had tested positive for marijuana, opioids, and anxiety drugs. The child was taken into custody by Children and Youth Services, and the mother was charged with child abuse.

New Psychoactive Substances

DC Mayor Backs Bill Penalizing Dealers of Synthetic Cannabinoids. Mayor Muriel Bowser has proposed emergency legislation to go after dealers in synthetic cannabinoids as the District suffers from a spike in "fake weed" overdoses. "This is not marijuana," Bowser said at a Tuesday news conference. "The effects are very different, and they can be deadly." The city already prohibits the sale of synthetic drugs, but this bill would expand that ban.

International

Mexican Marines Disarm Entire Acapulco Police Force Over Links to Drug Gangs. Authorities in the state of Guerrero disarmed and placed under investigation the entire police force of Acapulco, the state's largest city, claiming the local police were infiltrated by drug gangs. Two top Acapulco police commanders were also charged with homicide. Last year, Acapulco had a murder rate of 103 per 100,000 residents, one of the highest in the world.

Venezuela Calls on Colombia to Take Action on Drug Trafficking. The Foreign Ministry called Tuesday for its eastern neighbor to "assume international responsibilities for the damage caused by the drug trafficking industry." Caracas wants Bogota to redouble its anti-trafficking efforts in light of the "alarming increase" in coca cultivation in Colombia reported by the UN Office on Drugs and Crime last week. "For the government of the Bolivarian Republic of Venezuela, it is even more worrisome that, according to said report, one of the most affected departments is precisely the north of Santander, bordering Venezuela, from where groups of drug trafficking and paramilitary violence are constantly attacking the population, the economy, and Venezuelan institutions. Venezuela urges the Colombian authorities to make sincere and effective efforts to assume international responsibilities for the damage caused by the drug trafficking industry to neighboring countries and the world," the ministry said.

[Disclosure: Drug Policy Alliance is a funder of the organization that publishes this newsletter.]

Trump's Terrible, No Good Plan to Gin Up Worldwide Drug War [FEATURE]

President Trump is in New York City for the United Nations General Assembly, but he's going to kick off his appearance with an unofficial event aimed at promoting a tougher global line on drugs. He will host a meeting on "The World Drug Problem," and countries that have agreed to sign on to a document circulated by the administration, "The Global Call to Action on the World Drug Problem," will be rewarded by being invited to the event and given the opportunity to "participate in a group photo" with the president.

The president goes to the UN to try to push global drug policy backward. (Creative Commons/Gage Skidmore)
"The purpose of this event is to demonstrate international political will to enhance efforts to effectively address and counter the serious threats posed by the world drug problem," says an August 31 diplomatic note first reported by The Intercept.

In that note, the administration says it is already "collaborating" with a couple of dozen countries, but many of them are already proponents of harsh drug policy approaches. At least three of them -- China, Saudi Arabia, and Singapore -- are quick to resort to the death penalty for drug offenders, while others, such as Russia and the United Arab Emirates, are not exactly beacons of progressive drug policy. Yet other countries, including Costa Rica, India, and the United Kingdom, have signed on despite not hewing to draconian drug policy positions -- perhaps just to stay on the right side of the mercurial and vindictive Trump.

Unlike the UN drug policy process, which involves lengthy, finely detailed study, negotiation, and consensus-building among member states and civil society actors, Trump's Global Call is an attempt to impose the administration's hardline drug war positions on other countries. The cover letter accompanying the Global Call makes clear that the text of the document "is not open for discussion."

In Trump's Global Call to Action, states agree to develop "action plans" based on a "four-pronged strategy" of demand reduction, drug treatment, international cooperation, and cutting the supply of illicit drugs that reflects the global drug policy consensus of a decade or two ago -- not today.

Twenty years ago, the UN General Assembly Special Session (UNGASS) on Drugs ended with a call for "a drug-free world." That chimera, of course, never happened, and the UN's political declaration in 2009 ratcheted down the rhetoric, calling merely for demand reduction, supply reduction, and international cooperation -- language strikingly reminiscent of Trump's current Global Call. But by the 2016 UNGASS on Drugs, the global community had moved beyond pure drug war theater, explicitly tying drug policy to human rights, access to health care, and sustainable development and implicitly endorsing harm reduction. The words "harm reduction" didn't make it into the final UNGASS documents, but their spirit was present.

Trump's Global Call also reverts to the sort of "eliminationist" language regarding drug cultivation that many countries have been moving away from. The strategy wants to "reduce" drug demand, but "cut off the supply" of drugs by "stopping" their production. Such language implies the resort to repressive eradication measures aimed at poor peasants in the developing world, a policy that has failed for decade after decade.

Drug policy advocates are raising the alarm over the administration's moves.

"This Global Call to Action is a unilateral move orchestrated by the US government that shows utter disregard for multilateralism and regular UN processes of negotiation and consensus. This is clearly an example of Trump attempting to wade into the international drug policy debate and create a splashy camera-ready opportunity, carefully orchestrated to create the appearance of support from dozens of other countries," said Hannah Hetzer, senior international policy manager at the Drug Policy Alliance.

Holding the event at the UN provides a "veneer of multilateralism and global accord, but these trappings of multilateralism should not be mistaken for a new-found global drug policy consensus," the International Drug Policy Consortium declared. "Far from an effort at achieving mutual understanding and genuine consensus, it is an instance of heavy-handed US 'with us or against us' diplomacy."

The world need not leave global drug policy to the tender mercies of Donald Trump. In fact, it would be better off listening to one of the men who will address the Monday meeting: UN Secretary-General Antonio Guterres. As president of Portugal, Guterres oversaw that country's groundbreaking decriminalization of drug use and possession in 2001.

Or it could listen to the Global Commission on Drug Policy, which consists of the former presidents and prime ministers of Brazil, Chile, Colombia, East Timor, Greece, Malawi, Mexico, New Zealand, Nigeria, Poland, Portugal, and Switzerland. On Monday, the same day that Trump attempts to cement a repressive alliance, the commission is launching its new report, "Regulation: The Responsible Control of Drugs," which calls for reforming the prohibition-based global drug control system and examines how responsible regulation can take control of currently illegal drug markets.

"President Trump is the last person who should be defining the global debate on drug policy. From his support of Philippine President Rodrigo Duterte's brutal drug war to his call for the death penalty for people who sell drugs, Trump has shown complete disdain for human rights and international law," warned Hetzer. "Governments should be very wary of signing on to this document and showing up for the photo op at Trump's event."

[Disclosure: Drug Policy Alliance is a funder of the organization that publishes this newsletter.]

Chronicle AM: Coalition to Fight House "Drug War" Provision, Colombia Coca Crop at Record High, More... (9/20/18)

A provision in the House opioid bill that would let the attorney general set sentences for synthetic drug offenses generates opposition, Colombia's coca production was at record levels last year, the DEA has okayed the import of Canadian marijuana for research purposes, and more.

Colombia peasand farmer in his coca field. (DEA)
Marijuana Policy

New Jersey Governor Calls for Sheriff's Resignation After Racist Weed Comments. Gov. Phil Murphy (D) is calling for the resignation of Bergen County Sheriff Michael Saudino after a tape emerged of him making racist comments about black people around the topic of marijuana legalization. Although Saudino's remarks were made back in January just after Murphy's inauguration, a recording of them just went public on Wednesday. Here's what he said, referencing Murphy's inaugural address: "He talked about the whole thing, the marijuana, sanctuary state…better criminal justice reform. Christ almighty, in other words, let the blacks come in, do whatever the fuck they want, smoke their marijuana, do this do that, and don’t worry about it," Saudino said. "You know, we’ll tie the hands of cops."

Medical Marijuana

DEA Gives Green Light for Canadian Company to Import Research Marijuana to US. The DEA has granted permission to Canadian marijuana producer Tilray, Inc. to export medical marijuana to California for scientific research purposes. The Food and Drug Administration also signed off on the deal. The marijuana is headed for Dr. Fatta Nahab, an associate professor of neuroscience at the University of California San Diego medical school.

Drug Policy

Left-Right Coalition Builds to Block House Opioids Bill's "Drug War" Provision. As the House and Senate seek to reconcile their versions of bills to address the nation's opioid crisis, groups on the left and right are uniting behind an effort to undo an especially egregious provision in the House version of the bill. Organizations such as the ACLU and Human Rights Watch are joining forces with right-leaning groups like FreedomWorks and the American Conservative Union to remove language that would give the attorney general the power to create a special category for synthetic drugs such as fentanyl and set penalties for those who make or sell them. That would essentially put sentencing policy for those drugs in the hands of the attorney general. "We don’t want any attorney general to have this kind of power," said Jasmine Tyler, advocacy director for the Human Rights Watch US Program. "But I think specifically when we have an attorney general who is so out of touch with this century’s expert thinking on these issues, there should be red flags for that."

International

UNODC Says Colombian Coca Cultivation at All-Time High. The amount of acreage devoted to coca growing in Colombia increased 17% last year to hit a new record high, the UN Office of Drugs and Crime said Wednesday. Some 423,000 acres were under cultivation last year, UNODC said, the largest figure since the UN began keeping records. That will produce more than 920 metric tons of cocaine, a US government report earlier this year said. The figures come as new conservative Colombian President Ivan Duque prepares to attack the drug trade, likely including aerial fumigation of crops with glyphosate. "Our goal in the next four years is to have concrete results," he said Wednesday. "So we can at least eradicate more than 70 percent of what we have today."

Will Denver Be the First Place in America to Legalize Magic Mushrooms?

Denver could essentially legalize psychedelic mushrooms by next spring if a group of local activists has its way. But they have a few hurdles to overcome first.

This week, members of Denver for Psilocybin handed in to city officials a pair of municipal initiatives aimed at removing penalties for possessing and consuming the fungi, which contain the psychoactive ingredient psilocybin. That's the first step in a process that could see the issue put before voters in the May 2019 local election.

One measure, the Denver Psychoactive Mushroom Decriminalization Initiative, reflects the activists' maximum program; the other, the Denver Psychoactive Mushroom Enforcement Deprioritization Initiative, is a less ambitious backstop.

Both initiatives would make enforcement of laws against magic mushrooms a low law enforcement priority by adopting language that would "prohibit the city from spending resources to impose criminal penalties for the personal use and personal possession of psychoactive mushrooms." Under both initiatives, the sale of magic mushrooms would remain illegal.

The initiatives differ in two important respects. The broader one allows for the "personal possessions, use, and propagation" of magic mushrooms; the backstop version only allows for possession and use, not propagation. And the broader version contains no limits on possession, while the backstop would limit possession to two ounces.

Kevin Matthews, campaign manager for Denver for Psilocybin, told Westword he hoped the broader measure would pass muster with both city officials and voters, but that allowing propagation may be a bridge too far.

"It’s a natural right. It’s a human right. This one is our Hail Mary victory shot," Matthews said. "It’s more a matter of public opinion," he said of the two-pronged approach. "Are people ready to accept that people are already propagating?"

The Denver City Council now has a week to schedule a comment and review hearing led by Council Executive Director Leon Mason and Assistant City Attorney Troy Bratton. While the hearing is open to the public, there is no opportunity for public comment.

If the council approves, the initiatives then go to the Denver Election Division, which will have three days to decide whether to accept or reject them. Denver for Psilocybin had earlier versions of the initiatives rejected by the Elections Division but hopes it has addressed those issues with the new versions. If approved by the Elections Division, the group will then have to come up with some 5,000 valid voter signatures by January to qualify for the May ballot. They are confident that if they can get the measures on the ballot, they can win.

"I am extremely optimistic. I think we’re gonna win. I think we’re going to pass this thing," he says. Even if voters don't side with the group, "simply getting on the ballot will be a victory."

Denver isn't the only place where moves to legalize or decriminalize magic mushrooms are afoot, but it may be the first place voters get a chance to weigh in. In Oregon, activists aiming at 2020 are working on an initiative that would legalize and regulate the therapeutic use of psilocybin, while just to the south, the California Psilocybin Legalization Initiative campaign tried to get their measure on the 2018 ballot, but came up short on signatures. They will be back.

Magic mushrooms remain illegal under the federal Controlled Substances Act. But so was marijuana when Coloradans voted to legalize it in 2012. And here we are. 

Chronicle AM: Federal Marijuana Research Bill Advances, ACLU Smart Justice Campaign, More... (9/13/18)

A federal marijuana research bill advances (although with an undesirable provision), the ACLU rolls out a national plan to reduce state prison populations by half, and more.

A federal marijuana research bill wouldn't let anyone with a pot conviction participate. (Creative Commons)
Marijuana Policy

North Dakota Officials, Lawmakers Make Huge Stretch in Estimating Legalization Initiative Costs. The state's Office of Management and Budget has released a report on the cost of implementing the Proposition 3 marijuana legalization initiative that vastly overstates the cost by including costs for an education program that the initiative does not mandate. OMB put the cost of implementation at $6.7 million, but $4.4 million would be for a youth education campaign that the state Health Department argued would be necessary. Legislative Democrats sought to approve the fiscal impact statement without the education campaign funding, but were defeated by House Republicans. The fiscal impact also includes $2.2 to pay for clerical costs in expunging some 18,000 marijuana arrest records but does not include any estimate of tax revenues from legal marijuana.

Medical Marijuana

Marijuana Bill Approved by Congressional Committee Approves Medical Marijuana Research Bill, Leaves in Provision Barring People with Drug-Related Misdemeanors. The House Judiciary Committee voted Thursday to approve the Medical Cannabis Research Act, HR 5634. The bill would require the Justice Department to begin issuing more licenses to grow marijuana for research purposes but was controversial with drug reformers because of a provision barring anyone with a "conviction for a felony or a drug-related misdemeanor" from any affiliation with research cultivation operations. "There is no legitimate health or public safety justification for the inclusion of this language and we urge you to strike this unnecessary, punitive ban on individuals with previous drug law violations," reads a letter sent to the committee's leaders on Wednesday by the American Civil Liberties Union, Human Rights Watch, #cut50, the Drug Policy Alliance and other groups. "To help lower recidivism rates and improve public safety, we should be making it easier for people with records to obtain jobs, not more difficult." An effort to amend the bill in committee to remove the provision was halted after Chairman Bob Goodlatte (R-VA) said he would not be opposed to changing the language before it goes to a House floor vote.

Sentencing

ACLU Launches "Smart Justice" Campaign with State-By-State Blueprints for Cutting Incarceration in Half. The American Civil Liberties Union's Campaign for Smart Justice today unveiled the Smart Justice 50-State Blueprints, a comprehensive, state-by-state analysis of how states can transform their criminal justice system and cut incarceration in half. The Smart Justice 50-State Blueprints are the first-ever analysis of their kind and will serve as tools for activists, advocates, and policymakers to push for transformational change to the criminal justice system. They are the result of a multi-year partnership between the ACLU, its state affiliates, and the Urban Institute to develop actionable policy options for each state that capture the nuance of local laws and sentencing practices. The 51 reports -- covering all 50 states and the District of Columbia -- will be released in multiple phases, beginning with an initial rollout of 24 state reports. The reports are all viewable on an interactive website that allows users to visualize the reductions in jail and prison population that would result from the policy decisions that states pursue. The interactive feature is here: https://50stateblueprint.aclu.org

Drug War Issues

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