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Chronicle AM: Democratic Senators Call Out Trump on Opioid Inaction, More... (9/12/17)

Democratic senators want Trump to do more than say pretty words about the opioid epidemic, California's second largest city gets on board with marijuana legalization, Canadian cops seek a delay in rolling out legalization north of the border, and more.

Last month, President Trump said the opioid epidemic was a national emergency. Since then...nothing. (Gage Skidmore/Wikipedia)
Marijuana Policy

San Diego City Council Votes to Legalize Marijuana Cultivation, Manufacturing. California's second most populous city has gotten on board with legalization. The city council voted 6-3 Monday night to approve a regulatory framework for the looming legal recreational pot industry instead of trying to ban it.

Medical Marijuana

Michigan Dispensaries Given Three Months to Shut Doors. Existing unlicensed dispensaries must shut their doors by December 15, the state Department of Licensing and Regulatory Affairs said Monday. On that date, the department begins accepting applications to operate under new medical marijuana regulations approved this year. While closing up shop and then applying for a license isn't exactly a thrill for existing dispensary owners, it's better than an alternative proposal that called for the dispensaries to be shut down immediately.

Pennsylvania Medical Marijuana Program Roll-Out Imperiled by Lawsuit. A would-be medical marijuana operator who failed to win a permit to operate in an initial round of permit-issuing filed a lawsuit last Friday challenging the process and seeking an injunction that would require the state to rescind all awarded permits and start over. That's raising concerns about medical marijuana supporters that it could cause needless suffering.

Heroin and Prescription Opioids

Democratic Senators Demand Trump Take Action on Opioid Epidemic. On Monday, Sen. Ed Markey (D-MA) and nine Democratic senatorial colleagues sent a letter to President Trump asking the administration what it is doing about the recommendation that it declare an emergency around the opioid epidemic. Trump called it a national emergency more than a month ago, but nothing has happened since. "Regardless of whether you choose to declare a state of emergency, continued inaction on this issue is deeply concerning," the senators wrote. "Your lack of action -- coupled with your support of policies that would make access to substance use disorder care more difficult for millions of Americans -- causes us to question your commitment to ending the opioid use disorder and overdose crisis," the letter said.

International

Canadian Cops Want Delay in Marijuana Legalization Rollout. Representatives of various Canadian police forces testifying before the House of Commons said they would not be ready for the roll-out of marijuana legalization next summer and urged a delay. They also urged lawmakers to think again about allowing personal home cultivation, because it would be hard to police.

Colombia Clashes Leave One Coca Grower Dead, Two Wounded. The casualties occurred as coca growers in Morales, Cauca, clashed with soldiers taking part in forced eradication of coca crops. Farmers began throwing rocks at the soldiers, who apparently opened fire on the protestors. This is the second clash between angry coca growers and government forces in the past month, and reflects growing tensions over forced eradication.

UN High Commissioner on Human Rights Slams Philippines Drug War. Zeid Ra'ad Al Hussein called out President Rodrigo Duterte for his "lack of respect for due process rights for all Filipinos" and his "open support for a shoot-to-kill policy." Al Hussein added that he was "gravely concerned" not only about the killings, but also about the lack of credible investigations into them.

Chronicle AM: Ontario Goes With State-Owned Pot Shops, DEA Agent's Sordid Affair, More... (9/11/17)

Canada's most populous province is going with a state monopoly on legal marijuana sales, the CARERS Act is back, last week's surprise budget deal preserves protections for legal medical marijuana states for a few more months, and more.

Medical Marijuana

Congressional Budget Deal Preserves Medical Marijuana Protections -- For Now. The budget deal agreed to last week between President Trump and congressional leaders extends federal protections to state-legal medical marijuana programs through December 8. This provides an opportunity for House GOP leaders to rectify their decision last week not to allow a vote on the amendment that for the past four years has blocked the Justice Department from spending federal funds to go after medical marijuana in states where it is legal.

Bipartisan Group of Senators Reintroduce CARERS Act. Sens. Cory Booker (D-NJ), Al Franken (D-MN), Kirsten Gillibrand (D-NY), Lisa Murkowski (R-AK), and Rand Paul (R-KY) refiled the CARERS Act (Senate Bill 1764) last Wednesday. The bill aims to "extend the principle of federalism to State drug policy, provide access to medical marijuana, and enable research into the medicinal properties of marijuana."

Iowa Attorney General Cites Fed Fears to Block CBD from Out of State Dispensaries. The attorney general's office has advised the Department of Public Health not to implement a part of the state's CBD medical marijuana law that would have licensed two dispensaries from bordering states to supply CBD to Iowa patients. "It is possible that state's program may come under increased scrutiny from the federal government," a spokesman told the Des Moines Register, adding that the halt would remain "until the federal government provides further guidance regarding state medical marijuana programs."

Drug Policy

Florida Attorney General Pam Bondi Joins Trump's Drug Task Force. A Republican and Trump supporter, Bondi has been appointed to the Presidential Commission on Drug Addiction and the Opioid Crisis, her office announced last Friday. The other commission members are chairman and New Jersey Gov. Chris Christie (R), Massachusetts Gov. Charlie Baker (R), North Carolina Roy Cooper (D), former US Rep. Patrick Kennedy (D-MA), and Harvard professor Dr. Bertha Madras. The commission is supposed to issue a final report by October 1.

Heroin and Prescription Opioids

New York Congressman Files Bill to Broaden Medication Assisted Treatment. Rep. Paul Tonko (D-NY) has filed House Resolution 3692 to "amend the Controlled Substances Act to provide additional flexibility with respect to medication-assisted treatment for opioid use disorders."

Law Enforcement

DEA Agent's Scandalous Affair Unveiled. A Justice Department inspector general's report released last Thursday revealed one bit of juicy scandal: A DEA agent carried on a wild affair with a convicted drug criminal for five years, and let her listen to active wiretaps, roam the evidence room unattended, and had sex with her in his office and official vehicle. The whole thing unraveled when she got pregnant, he reacted unfavorably, and she ratted him out to superiors. The unnamed agent was originally only suspended for 45 days, but was eventually fired.

International

Ontario Will Only Allow Legal Pot Sales in Government Monopoly Shops. Canada's most populous province announced last Friday that it will open 150 standalone pot shops operated by the Liquor Control Board of Ontario (LCBO), as well as eventually allowing an online order service. Dispensaries that have sprouted up in the province are out of luck: "Illicit cannabis dispensaries are not and will not be legal retailers," the province explained in a news release. "The province will pursue a coordinated and proactive enforcement strategy, working with municipalities, local police services, the OPP and the federal government to help shut down these illegal operations."

Canadian Prime Minister Just Says No to Drug Decriminalization. Prime Minister Justin Trudeau has rejected calls from British Columbia public health and political figures to embrace drug decriminalization as part of a solution to the country's opioid crisis. "We are making headway on this and indeed the crisis continues and indeed spreads across the country but we are not looking at legalizing any other drugs than marijuana for the time being," Trudeau told a news conference in BC last Thursday.

German Poll Finds Solid Majority for Marijuana Legalization. A Mafo Market Research Institute poll has found signs of a rapid shift in support for freeing the weed in Germany. Polls going back to 2001 have had support hovering around 19%, but things began to change around 2014. That year, a poll had 30% supporting legalization. In November 2015, another poll had support at 42%. The new Mafo poll has support at 57.5%.

Debunking a Republican Myth About Medicaid and Opioids

This article was produced in collaboration with AlterNet and first appeared here

Obamacare foes desperate for a new angle of attack on the increasingly popular health care program have come up with an intriguing new theory: The expansion of Medicaid to low-income adults under the Affordable Care Act (ACA) may be driving the opioid epidemic.

For the right, tying "failed socialist" Obamacare to the drug epidemic is a two-fer. They get to decry the very notion of government programs as something good for society and they get to link "bleeding heart" efforts to help poor people with outcomes that actually hurt them.

It would be a nice little argument for cutting Medicaid -- if only it were true. But there's little evidence to suggest it is true and a lot of evidence to suggest it isn't.

The notion began circulating in the conservative media echo chamber after the Health and Human Services Department did a private analysis for Sen. Ron Johnson (R-WI) that said the opioid overdose rate rose nearly twice as much in states that expanded Medicaid under the ACA than those that didn't.

"These data appear to point to a larger problem," Johnson wrote. "Medicaid expansion may be fueling the opioid epidemic in communities across the country." Johnson pulled up just short of blaming Medicaid, saying more research is needed.

But if Johnson was looking for help from fellow Obamacare foe and Health and Human Services Secretary Tom Price, it wasn't exactly forthcoming. HHS wouldn't address questions about Johnson's analysis and instead issued a statement saying "correlation does not necessary prove causation," but that, yes, more research would be helpful.

But based on what we know so far, here are four reasons the charge that Medicaid is fueling the opioid epidemic is bogus:

1. Medicaid is actually increasing treatment for opioid addiction.

That's according to Temple University economist Catherine Maclean and Brendan Saloner of Johns Hopkins Bloomberg School of Public Health, who recently published a paper on Medicaid expansion and drug treatment: "Medicaid-reimbursed prescriptions for medications used to treat Substance Use Disorders in outpatient settings increased by 33% in expanding states relative to non-expanding states. Among patients admitted to specialty SUD treatment, we find that in expanding states Medicaid insurance and use of Medicaid to pay for treatment increased by 58% and 57% following the expansion. In an extension to the main analyses we find no evidence that the expansions affected fatal alcohol poisonings or drug-related overdoses," they wrote.

"Medicaid is doing its job," she told the Associated Press last week. "As more time passes, we may see a decline in overdoses in expansion states relative to non-expansion states."

2. States that expanded Medicaid did so in part because they already suffered higher overdose rates.

That same research by Maclean and Saloner also found that overdose rates were higher to begin with in states that expanded Medicaid. That suggests that pre-existing drug problems may have played a role in states deciding to expand Medicaid so they could leverage more federal money to fight addiction.

Republican labor economist Craig Garthwaite of Northwestern University's Kellogg School of Management told the AP that such a desire helped propel Ohio Republican Gov. John Kasich toward expanding Medicaid. When Kasich talks about why, he said, "it has a lot to do with mental health and substance use disorders." The claim that Medicaid is fueling opioid overdoses is "fundamentally flawed," Garthwaite added.

In other words, overdoses aren't increasing because of Medicaid; instead, Medicaid is expanding in part because of an effort to reduce overdoses.

3. Counties where insurance coverage has expanded the most have seen smaller increases in overdose deaths than those with smaller coverage gains.

A recent analysis by Vanderbilt University economist Andrew Goodman-Bacon and Harvard researcher Emma Sandoe compared trends in drug-related deaths at the county level, contrasting counties that had high levels of uninsured residents pre-ACA with those that didn't. Under the theory that Medicaid expansion is causing increased overdose deaths, we would expect to see the largest increase in deaths in those high-insured counties because that's where more people took advantage of expanded Medicaid. But that wasn't the case:

"Drug-related deaths increased at a lower rate in high-uninsurance counties than in low-uninsurance counties," the researchers found. "This does not support the notion that the ACA worsened the opioid epidemic."

In other words, the more people on expanded Medicaid, the lower the rate of increase in overdose deaths.

4. The Medicaid theory lumps all opioid overdose deaths together when many are not caused by prescription opioids.

This is bad science. If you want to measure prescription opioid deaths, you need to measure only prescription opioid deaths. But the HHS analysis for Sen. Johnson didn't do that. Instead, it lumped in deaths from non-prescription street drugs, such as heroin or illicitly manufactured fentanyl. Having a Medicaid card doesn't provide access to street drugs, and it is precisely heroin and illicit fentanyl that are driving the surge in opioid deaths since 2010.

"It's worrisome because this is the type of numerical evidence that's used to propose bad policy," Garthwaite told the AP.

Chronicle AM: MA Gov Wants Harsh Sentences for Drug Deaths, More... (8/31/17)

Connecticut continues to grapple with opioids, the Massachusetts governor and cops want mandatory minimums and a possible life sentence for dealers whose clients die, and more.

MA Gov. Baker prefers 20th Century drug war mistakes over 21st century solutions. (mass.gov)
Heroin and Prescription Opioids

Fentanyl Overdoses Now Exceed Heroin Overdoses in Connecticut. The state saw 539 opioid overdose deaths in the first half of this year, and for the first time, more people died using fentanyl than heroin. While 257 people died of heroin overdoses, 322 died of fentanyl overdoses. The state medical examiner's office projects overdose deaths this year will reach 1,100, a 20% increase over last year.

Connecticut Governor Signs Opioid Bill. Gov. Dannel Malloy (D) on Thursday signed into law a bill aimed at slowing the state's opioid epidemic. The bill increases monitoring of opioid prescriptions and requires health insurers to cover inpatient detoxification. The bill passed the legislature unanimously. This is the third year in a row the state has passed bills aimed at the opioid epidemic.

Drug Policy

Massachusetts Governor Wants Harsher Penalties for Drug Deals That Lead to Death. Gov. Charlie Baker (R) has sent a letter to the legislature proposing a bill that would increase sentences for dealers who sold drugs to people who overdosed and died -- up to life in prison. "When illegal drug distribution causes a death, laws that were designed to punish the act are inadequate to recognize the seriousness of the resulting harm," Baker wrote, according to MassLive. "This legislation would provide for a penalty of up to life in prison and, like the offense of manslaughter while driving drunk, would also require a mandatory minimum sentence of at least five years," he added. The bill has the support of law enforcement.

Santa Fe Mayor to Introduce Resolution to Establish A Municipal Drug Strategy Task Force. Javier Gonzalez, the mayor of New Mexico's fourth largest city, will on Thursday introduce a resolution establishing a Municipal Drug Strategy Task Force charged with recommending innovative public health and safety approaches to problematic drug use in the city. "This isn't a problem we can solve by simply declaring a new, top-down policy. It has to be something we take on together, and the strategy has to come from the community. From harm reduction, to law enforcement, to prevention, to treatment, there is a huge range of expertise already developing in Santa Fe, and to find success we will need every one of those voices at the table," said Mayor Gonzales. He added, "So we're doing what we often can do best -- bringing people together."

Supervised Injection Sites Could Be Coming Soon to California [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

As we mark International Overdose Awareness Day on August 31, California is on the verge of taking a serious, yet controversial, step to cut down on drug deaths. A bill that would allow a number of counties in the state to set up supervised drug consumption sites -- Assembly Bill 186 -- is now only a Senate floor vote away from landing on the desk of Gov. Jerry Brown (D).

The long-operating InSite safe injection site in Vancouver (Creative Commons)
Such facilities, also known as safe injection sites, typically allow drug users to inject their own drugs under medical supervision on premises with needles and related equipment provided by the site. The sites also serve as a point of contact between injection drug users and social service and treatment providers. But they infuriate social conservatives, who see them as coddling or condoning illicit drug use.

Although such facilities operate in a number of European countries, as well as Australia and Canada, and have been shown to provide numerous public health benefits, including a reduction in overdose deaths, no sanctioned supervised drug consumption sites are operating in the US.

Which is not to say there are none operating: Earlier this month, two researchers published a report on an unsanctioned -- and potentially illegal -- supervised drug consumption site operating since 2014 in an unnamed US city. They offered little data, but their main finding was that no one had died injecting drugs at the site. Two people overdosed, but were revived with naloxone administered by on-site medical staff.

And efforts are well underway in Seattle and surrounding King County, Washington, to get sites up and operating there. But no state has passed a law authorizing the widespread use of the facilities. California came close last year, and of the six states where such legislation has been filed this year, it's the nearest to victory.

That's only somewhat consoling to Assemblywoman Susan Eggman Talamantes (D-Stockton), the author of the bills both this year and last. In a Tuesday conference call, she decried the legislature's blocking of this proven public health policy intervention in 2016 and pointed to the cost of a year's delay.

California Assemblywoman Susan Eggman (D-Stockton) is leading the fight. (ca.gov)
"The studies show they work. Treatment goes up, overdoses go down, and we also see a reduction in street use around facilities, as well as reductions in HIV and Hep C," Eggman noted. "But that doesn't always make sense in politics. Some 3,600 Californians have died of drug overdoses since we couldn't pass this last year."

The bill allows eight counties -- Alameda, Fresno, Humboldt, Los Angeles, Mendocino, San Francisco, San Joaquin, and Santa Cruz -- or cities within those counties to establish safe injection sites under a pilot program that would expire in January 2022. Sites would be required to do the sorts of things sites are supposed to do: "provide a hygienic space supervised by health care professionals, as specified, where people who use drugs can consume pre-obtained drugs, and provide sterile consumption supplies;" administer needed medical treatment; provide access to referrals for drug treatment, mental health, medical, and social services; and provide education on overdose and infectious disease prevention.

The bill also bars safe injection workers and clients from being charged with drug-related crimes for actions within a safe injection site program.

"I'm a social worker," Eggman explained. "During the 1980s, I did drug and alcohol counseling, and I saw the epidemic g from heroin to crack to meth. And now we're seeing more and more suffer from addiction. I had to ask myself what made sense from a public policy perspective."

A clean, well-lit place to shoot dope. (vch.ca)
Safe drug consumption sites are one response that do make sense from a public policy perspective, but they can be a hard sell, and not just with social conservatives. In laid-back Santa Cruz, a preemptive NIMBY campaign has appeared.

"Santa Cruz is known as a progressive place, willing to try new things, so I was surprised at the pushback," Eggman confessed. "I think some activists found out about it early and were very vocal, but we've been working very carefully with them since then. We've had to explain the bill doesn't force them to do anything, that there has to be a lot of input before anything happens, that there has to be public hearings and a vote by an elected body."

But before any of that happens, the bill needs to actually pass the Senate, where its prospects are good, and then be signed into law by Gov. Brown, who has not pronounced one way or the other on it.

"We're trying to provide data for the governor to get a signature for this pilot program," Eggman said. "It's not for everybody, but it is a tool for saving lives and reducing addiction."

Will California actually get it done this year? Stay tuned.

CA
United States

Chronicle AM: BC Calls for Radical Opioid Response, 2nd MI MJ Init, More... (8/17/17)

BC health officials present some revolutionary recommendations for dealing with the opioid crisis, Alaska officials defend marijuana legalization, a second Michigan legalization initiative is okayed for signature gathering, and more.

British Columbia health officials say users should be provided drugs to take home, be able to grow opium poppies. (Wikimedia)
Marijuana Policy

Alaska Officials Defend Legalization in Letters to Sessions. Gov. Bill Walker (I) and Attorney General Jahna Lindemuth have sent two letters to Attorney General Sessions defending their state's marijuana law and the wishes of state voters. Their letters are a response to a letter Sessions sent to governors of legalization states in July. "Marijuana regulation is an area where states should take the lead," they said in the first letter, dated August 1. "We ask that the DOJ maintain its existing marijuana policies because the State relied on those assurances in shaping our regulatory framework, and because existing policies appropriately focus federal efforts on federal interests," they said in the second letter, dated August 14.

Second Michigan Legalization Initiative Gets Okay for Signature Gathering. The state Board of Canvassers on Thursday approved a second marijuana legalization initiative for signature gathering. The initiative, from a group called Abrogate Prohibition Michigan, would end "all prohibitions on the use of cannabis in any form by any person" and specify that no taxes could be imposed. Another group, MI Legalize, is already halfway through the signature gathering phase for its initiative, which envisions legalization, taxation, and regulation.

Los Angeles Gets a Cannabis Czar. The city council voted on Wednesday to approve Cat Packer as executive director of the city's newly fashioned Department of Cannabis Regulation. Packer is a former Drug Policy Alliance state policy coordinator for California. She was also a campaign coordinator for Californians for Responsible Marijuana Reform, part of the Prop 64 campaign. She will be charged with rolling out regulations for legal marijuana in the city.

Harm Reduction

Washington King County Initiative to Ban Safe Injection Sites Likely Won't Make Ballot. A measure to ban safe injection sites in Seattle's suburban King County is unlikely to be on the November ballot. Petition organizers handed in sufficient signatures on time, but it took two weeks for the petitions to get from the King County Council clerk to King County Elections, so the initiative has missed an August 1 deadline to be certified for the ballot. It could go on the ballot in a February special election, but initiative sponsors say they fear it will be too late to prevent safe injection sites by then.

International

British Columbia Health Authorities Call for Revolutionary Approach to Opioid Crisis. The BC Center for Disease Control has issued a set of recommendations for dealing with opioid use and overdoses that includes providing users with drugs they can take home with them and allowing people to grow their own opium. The current approach to addiction is backwards, BCCDC Executive Medical Director Mark Tyndall told the Globe and News: "We strongly advise people to stop using street drugs, and if they can't do that, then we offer them… Suboxone or methadone, and if that doesn't work, we basically tell them to go and find their own drugs even though there is a very real possibility of dying," he said. "What we should be doing -- especially in an environment of a poisoned drug supply -- is to start with access to uncontaminated drugs so at least people don't die, then move on to substitution therapy and eventually recovery."

Chronicle AM: Trump Says He Will Declare National Emergency on Opioids, More... (8/10/17)

The president says he will formally declare a national emergency on the opioid crisis, Latino legislators embrace marijuana legalization, Utah medical marijuana supporters can begin signature-gathering for their initiative, and more.

The president will declare a national emergency on the opioid crisis, he said Thursday. (Wikimedia/Gage Skidmore)
Marijuana Policy

Latino State Legislators Call for Marijuana Legalization. The National Hispanic Caucus of State Legislators adopted a resolution Wednesday calling for marijuana legalization. The group, which represents Latino legislators across the country, cited legalization's impact on reducing the black market and providing tax revenues, as well as the racist origins of marijuana prohibition.

Texas Bill to Reduce Pot Penalties Gets Hearing. The House Criminal Jurisprudence Committee held a hearing Wednesday on House Bill 334, which would decriminalize the possession of small amounts of marijuana. The bill was introduced last month by committee Chairman Joe Moody (D-El Paso) for the legislature's special session. The bill would decriminalize someone's first three pot possession offenses, but prosecutors could charge a misdemeanor for a fourth offense. No vote was taken.

Medical Marijuana

New York Proposes Regs to Expand State's Medical Marijuana Program. The state Health Department has released new proposed regulations that would ease access to the program. Among the proposals are reducing security requirements for registered groups, shortening the length of the course doctors must take to be able to recommend medical marijuana, and allowing two more types of marijuana products to be sold.

Utah Initiative Backers Get Okay to Begin Signature Gathering. The Utah Patients Coalition has received permission from state officials to begin signature gathering for their medical marijuana initiative. The group will need 113,000 valid voter signatures before April 15, 2018.

Heroin and Prescription Opioids

Trump Says He Will Declare National Emergency on Opioids. President Trump said on Thursday that the opioid epidemic is a national emergency and that he will act to officially declare it so. "The opioid crisis is an emergency and I'm saying officially right now it is an emergency," Trump said in remarks reported by Reuters. "We're going to draw it up and we're going to make it a national emergency. It is a serious problem, the likes of which we have never had." Trump's announcement comes a week after a White House commission on the opioid crisis urged him to declare a national emergency. The move could free up more resources to fight the overdose epidemic and give the government more flexibility to deal with the crisis.

Asset Forfeiture

Pair of Congressmen Urge Sessions to Reconsider on Asset Forfeiture. US Reps. John Conyers (D-MI) and Jim Sensenbrenner (R-WI) have sent a letter to Attorney General Jeff Sessions objecting to his plan to expand the Justice Department's civil asset forfeiture program. "I am deeply disappointed by the Justice Department's recent move to reverse its ban on adoptive seizures," said Conyers in a statement. "The prior policy, which was instituted in January of 2015, greatly curtailed this practice, which provides financial incentives for law enforcement to seize the property -- including the homes -- of individuals who may not even be guilty of a crime. I call on Senator Sessions to withdraw the new policy, which is contrary to the growing bipartisan effort to reform our civil forfeiture laws and practices. Indeed, the time has come for Congress to enact the DUE PROCESS Act, a bipartisan bill to significantly alter these laws and increase protections for innocent property owners."

Chronicle AM: Trump Wants More Drug War to Fight Opioids, New Pot Poll, More... (8/9/17)

A new Quinnipiac poll has support for marijuana legalization at a record high, Trump calls for a return to tough drug war policies to fight opioids, Hawaii gets its first dispensary, and more.

#WINNING in the polls.
Marijuana Policy

Quinnipiac Poll Has Record 61% for Legalization. A new Quinnipiac poll has support for marijuana legalization at 61%, the highest figure ever reported by Quinnipiac and up two points since February. Support was above 50% for all demographic groups except Republicans (37%) and people over 65 (42%). The poll also found that fully three-quarters (75%) of respondents thought the federal government should not enforce federal marijuana laws in states where it is legal. Support for medical marijuana was even higher a near-unanimous 94%.

Medical Marijuana

Hawaii Gets First Dispensary. Maui Grown Therapies opened for business on Tuesday in Kahului. It's the first dispensary in the state to be permitted and open its doors. The store was only open for a couple of hours Tuesday, with the owners saying they were doing a "soft opening." A second dispensary, Aloha Green, was set to open in Oahu on Wednesday.

Heroin and Prescription Opioids

Trump Wants More Drug War, But No State of Emergency for Opioid Crisis. President Trump said Tuesday that a stronger law enforcement is necessary to fight the opioid crisis and criticized the Obama administration for prosecuting fewer drug offenders. He also critically highlighted shorter average sentences for drug offenders under Obama and advocated for abstinence-based drug treatment. But he did not act on a recommendation from his opioid panel headed by New Jersey Gov. Chris Christie (R) that he declare a national state of emergency.

Harm Reduction

Seattle Suburb Votes to Ban Safe Injection Sites. The Bellevue City Council voted Monday night to ban safe injection sites even though none had been proposed for the city, the second-largest in Kings County after Seattle. Members said the vote was driven by fears the site could hurt development of a homeless center now being planned. But it is also a sign of broader objections to such facilities in the area and comes after the Metropolitan King County Council voted in July not to spend money setting up sites unless a locale's elected officials first approved it. Safe injection supporters said that vote effectively kills any sites outside the city of Seattle.

International

Tillerson Offers to Help Duterte Fight Drugs -- If Philippines Leader Changes Tactics. US Secretary of State Rex Tillerson met with Philippines President Rodrigo Duterte on Monday and told him the US would provide anti-drug assistance if he would rein in his brutal tactics. Tillerson obliquely noted harsh criticisms of the Philippines' bloody drug war by human rights groups and others and suggested the US could help find more suitable tactics. Duterte was noncommittal.

Judge Forces First-Time Drug Offenders to Take Christian Drug Treatment Course

A municipal court judge in Louisiana with an apparently limited understanding of the US Constitution is forcing first-time drug offenders seeking probation to attend a Christian program called "Life Choices" offered by a local church.

The First Amendment's Establishment clause mandates that the government cannot in any way promote, advance, or otherwise endorse any religion, a principle well-established in federal jurisprudence. That bright dividing line between church and state also applies to court orders and terms of probation that require participation in religious programs, as can be seen in a line of cases decided in federal appeals courts over the past 20 years.

The fundamental principle behind Establishment cause jurisprudence is, as noted in Lee v. Weisman (1992), that government must remain neutral toward religion because "the preservation and transmission of religious beliefs and worship is a responsibility and a choice committed to the private sphere."

Not in the court of Sulphur City Court Judge Charles Schrumpf, though. As the Freedom From Religion Foundation noted in a July 20 complaint letter to Schrump and probation officer Barbarba Adam, Schrump's way of handling those cases is completely unconstitutional. Probationers in the program receive a Bible and have to complete homework that involves reading passages from scripture, as well as from the evangelical text "Made to Crave."

According to the letter, probationers who objected to participating in the Life Choices program because of its religious content have been told by Probation Officer Adam to "take it up with the judge" in a threatening tone and warned that failure to complete the program would result in the revocation of their probation.

According to the blog Friendly Atheist, which spoke with a person ordered to take the course, the course teacher said that while attendees weren't required to be Christian, that was the ultimate goal, and Probation Officer Adams responded to an attendee who said he was an atheist by saying, "We'll see how you feel after eight weeks [of class]."

The foundation is demanding that the practice be ended and that if the court is going to impose drug treatment or counseling as a condition of probation, it does so through programs that are "medical and secular, not religious in nature." At this point, the foundation is not threatening a lawsuit; only seeking notification "of the appropriate actions taken by the Court and the Probation Office to protect the right of conscience of probationers in their care."

There is no word yet on whether Judge Schrumpf will heed the foundation's complaint and restore the Constitution in his court or whether he will double down in defiance. In the meantime, if you get caught with drugs in Sulphur Springs, may God help you.

Chronicle AM: WH Opioid Panel Calls for Declaration of National Emergency, More... (8/1/2017)

Federal bills to legalize marijuana and allow drug testing of people seeking unemployment benefits get filed, the presidential commission on opioids issues a preliminary reports, the NFL offers to work with the players' union on medical marijuana, and more.

Marijuana Policy

With overdoses at record levels, Trump's presidential commission takes a largely public health approach to the crisis.
Corey Booker Files Federal Marijuana Legalization Bill. Sen. Cory Booker (D-NJ) filed the Marijuana Justice Act on Tuesday. The bill would remove marijuana from the Controlled Substances Act, punish states for disproportionately arresting or imprisoning poor people or minorities for marijuana offenses, prevent deportation for marijuana offenses, provide for resentencing of federal marijuana prisoners, and create a $500 million "Community Reinvestment Fund" for communities most negatively impacted by the war on drugs.

South Dakota Legalization Initiative Imperiled by Wording Error. A legalization initiative sponsored by New Approach South Dakota could be in trouble over a wording error. The way the measure is worded, it would, according to Legislative Council analysts, only legalize pot paraphernalia, not marijuana itself. The campaign said the problem is only a "typo" and can be fixed. Friendly legislators have offered to author a legislative fix if the initiative passes. Because of state initiative deadlines, it is too late for petitioners to start over in time to get on the November 2018 ballot.

Medical Marijuana

NFL Offers to Work With Players Union on Marijuana for Pain Management. The NFL has sent a letter to the NFL Players Association offering to work together with the union to study the possibility of marijuana as a pain management tool for players. The NFLPA is already conducting its own study and has yet to respond to the league's offer.

Ohio Medical Marijuana Rules Get Settled. A bipartisan legislative panel has decided not to modify more than a hundred separate rules proposed by the state Pharmacy Board and Department of Commerce to govern the state's nascent medical marijuana industry. That means medical marijuana growers, processers, sellers, testers, and users can now begin to get down to business. Growing operations are expected to start being licensed next month, and the whole system is supposed to be up and running by September 1, 2018.

Utah Poll Finds "Supermajority" Support for Medical Marijuana. Nearly four out of five (78%) Utahns favor a medical marijuana initiative now in the signature gathering phase of its campaign, according to a Dan Jones & Associates poll commissioned by the Salt Lake Tribune. The campaign is headed by the Utah Patients Coalition, which is acting after the state legislature baling at approving medical marijuana.

Drug Testing

Federal Unemployment Drug Testing Bill Filed. Rep. Buddy Carter (R-SC) has filed the Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act, which would require people applying for unemployment assistance to undergo substance abuse screening and possible drug testing to receive benefits. "Unemployment is not for people who are abusing drugs and using that money to buy drugs but instead to help them get back on their feet," said Rep. Carter. "And we want to make sure that is what they are doing with it." People applying for those benefits have been laid-off from jobs for lack of work, not let go for drug abuse.

Heroin and Prescription Opioids

Presidential Commission Issues Belated Preliminary Report, Calls for Declaration of National Emergency. The presidential Commission on Combating Drug Addiction and the Opioid Crisis led by Gov. Chris Christie (R-NJ) issued a preliminary report on Monday whose lead recommendation is for the president "to declare a national emergency under either the Public Service Act or the Stafford Act." The report largely takes a public health approach to the issue, calling as well for expanding drug treatment capacity under Medicaid, increasing the use of medication-assisted treatment for opioid disorders, mandating that all police officers carry the opioid overdose reversal drug naloxone, broadening Good Samaritan laws, and encouraging the development of non-opioid pain relievers.

Drug War Issues

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