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Chronicle AM: Trump Repeats Border Wall Drug Falsehoods, Malaysia Drug Policy Shift, More... (1/21/19)

The president is still misstating the impact of a border wall on drug smuggling, New York police chiefs oppose pot legalization, Malaysia to shift drug policies, and more.

Not overly troubled by facts when it comes to the border. (Gage Skidmore/Creative Commons)
Marijuana Policy

New York Police Chiefs Come Out Against Legalization. In a statement Friday, the New York State Association of Chiefs of Police formally came out against marijuana legalization. "As Police Officers, we are sworn to enforce Federal, State, and Municipal laws and to protect the public,” they wrote. “Marijuana is illegal under Federal law and is classified as a 'Schedule 1 drug which means that the federal government views cannabis as highly addictive with no medical value." They also cited health and traffic safety issues.

Medical Marijuana

Arizona Bill Would Clarify That Hash is Medical Marijuana. Rep. Tony Rivero (R-Peoria) has introduced HB 2149 to remove a provision of the state's criminal code that treats hashish differently than marijuana. The bill is in response to a state appeals court ruling that hashish is not considered to be medical marijuana under state law. That issue is currently before the state Supreme Court, but Rivero's bill would settle the matter once and for all.

Hemp

Federal Shutdown is Hurting Would-Be Hemp Farmers. In a statement released Friday, Sens. Jon Tester (D-MT) and Michael Bennett (D-CO) warned that the government shutdown has stalled the implementation of the recently passed farm bill, which legalized hemp cultivation nationwide. They called on the Bureau of Reclamation to update its water rights policies to reflect hemp legalization and ensure hemp farmers have access to water. The failure to act because of the shutdown has “hindered research, created economic hardships for the affected producers, and led to uncertainty across the West," they wrote.

Drug Testing

Alabama Bill Would Impose Drug Testing on Some Food Stamp Applicants. Rep, Tommy Hanes (R-Bryant) has filed HB 3, which would require drug testing of applicants for the Supplemental Nutritional Assistance Program (SNAP—food stamps) if there is “reasonable suspicion” the applicant is under the influence of drugs. That would include having had a drug conviction within the previous five years. A first positive test would result in a warning; a second in a denial of benefits. The bill has its critics: “For the state to pay to drug test that many people would be prohibitively expensive and be a real waste of state dollars and a real waste of taxpayer dollars, looking for an occasional recipient who does drugs,” said Carol Gundlach, a policy analyst with Alabama Arise, which works on poverty issues.

The Border

Trump Repeats Border Wall Drug Falsehoods. In his address Saturday on the need for a border wall, President Trump repeated demonstrable falsehoods about the impact it would have on drug smuggling, drug use, and crime. "We can stop heroin," he claimed. "If we build a powerful and fully designed see-through steel barrier on our southern border, the crime rate and drug problem in our country would be quickly and greatly reduced. Some say it could be cut in half." But the DEA has reported that “only a small percentage” of heroin seized by authorities is captured between ports of entry and most is found in vehicles coming through ports of entry. And the Centers for Disease Control and Prevention has reported that about 40% of opioid overdose deaths in 2016 involved prescription pain pills.

International

Malaysia to Focus on Health, Not Criminality, in New Drug Policy. The cabinet task force charged with addressing the nations' drug problems met last Thursday and has decided that the country's drug law needs to be reviewed and the drug use should be viewed primarily as a health issue. "Enforcement shouldn't hinge on trafficking of drugs and shouldn't rely on punishing those who are using the drugs," said Liew Vui Keong, a Minister in the Prime Minister's Department. Reliance on the criminal approach has been ineffective and expensive and endangered the health of addicts, he said.

Chronicle AM: IL, NY Governors Embrace Pot, PA Bid to Punish Drug Using Pregnant Women, More... (1/15/19)

William Barr suggests he'll keep hands off of state-legal marijuana, New York's governor unveils his marijuana legalization plan, government witnesses in the El Chapo trial undercut Trump's drug justification for his border wall, and more. 

Governors are seeing dollar signs in marijuana legalization. (Creative Commons)
Marijuana Policy

US Attorney General Nominee Says He Supports Federal Pot Prohibition, But Won't Go After State Law-Compliant Operations. During his confirmation hearing Tuesday, attorney general nominee William Barr said he would support banning marijuana “everywhere,” but that he did not want to “upset settled expectations” in states that have already legalized marijuana. “I’m not going to go after companies that have relied on the Cole Memorandum,” Barr told the committee. “However, we either should have a federal law that prohibits marijuana everywhere, which I would support myself because I think it’s a mistake to back off marijuana. But if we want a federal approach, if we want states to have their own laws, let’s get there and let’s get there the right way.”

Ilinois Governor Reiterates Pledge to Legalize Marijuana. In his inaugural address Monday night, incoming Gov. JB Pritzker (D) confirmed that he will indeed move ahead with a plan for marijuana legalization. “In the interests of keeping the public safe from harm, expanding true justice in our criminal justice system, and advancing economic inclusion, I will work with the legislature to legalize, tax and regulate the sale of recreational cannabis in Illinois,” Pritzker said. A placeholder bill has already been filed in the Senate.

New York Governor Unveils Marijuana Legalization Plan. Gov. Andrew Cuomo (D) on Tuesday unveiled his plan to legalize marijuana in the state. His plan calls for a 22% tax on wholesale sales and a per-gram tax on growers. It would also set up licensing programs for growers, distributors, and retailers, with growers barred from opening retail shops. The plan would allow cities and counties the option of banning marijuana sales in their jurisdictions. Cuomo also vowed to institute expungement for past pot possession convictions.

Pregnancy

Pennsylvania Senator Wants to Punish Women Who Use Drugs While Pregnant. Late last month, the state Supreme Court ruled that pregnant women who use drug cannot be charged with child abuse because a fetus is not a child. That was too much for state Sen. Don White (R-Indiana County), who issued a press release Monday announcing plans to file a bill that would allow the state to punish them. "Regardless of what the court may rule, a mother's responsibility begins before her child is born and that should not be erased by a perceived ambiguity in the law," White said in a press release. The move is opposed by the ACLU of Pennsylvania, which said the issue is much more complex.

The Border

Government Witnesses in El Chapo Trial Testify That They Trafficked Drugs Through Tunnels, Ports of Entry, Not Over Wall-less Border. Sinaloa cartel members testifying as government witnesses at the trial of imprisoned cartel leader Joaquin “El Chapo” Guzman testified that most of the drugs they smuggled into the US came in fishing boats, trains, semi-trucks, and passenger vehicles entering the country at ports of entry. They testified that they've also used tunnels under the border, but none testified that they pushed drugs across an unwalled border. 

Chronicle AM: Drug Czar's Office Shuttered in Shutdown, DC Full Pot Legalization Bill Filed, More... (1/9/19)

The federal government shutdown shutters the drug czar's office, Trump again mischaracterizes the nature of border drug smuggling, New Jersey's highest court lends a hand to drug court graduates seeking expungement, and more.

closed down in the shutdown
Marijuana Policy

New Hampshire Lawmaker Files Expungement Bill. Rep Renny Cushing (D) has filed a bill, HB 399, that would let people with convictions for possessing less than three-fourths of an ounce of weed before September 2017 have their records cleared. That date is when the state law decriminalizing pot possession went into effect.

DC Lawmaker Files Full Legalization Bill. Councilmember David Grosso (I) has reintroduced the Marijuana Legalization and Regulation Act, which would allow the city to establish a system of retail marijuana sales. Such a move has been blocked by House Republicans, and its prospects this year remain uncertain, but Grosso is moving ahead anyway.

Medical Marijuana

New Hampshire Lawmaker Files Pair of Medical Marijuana Bills. Rep. Renny Cushing (D) has filed two bills related to medical marijuana. HB 366 would add opioid addiction as a qualifying condition, while HB 364 would allow patients and caregivers to grow their own medicine.

Asset Forfeiture

North Dakota Lawmaker Files Bill to End Civil Asset Forfeiture. Rep. Rick Becker (R-Bismarck) has filed House Bill 1286, which would end civil asset forfeiture in the state. He filed a similar bill in 2017 that passed the House, but got zero votes in the Senate after it was opposed by Attorney General Wayne Stenehjem, who remains in office but has refused so far to comment on this year's bill.

Drug Policy

Trump Once Again Misstates How Drugs Cross the Border With Mexico. In his oval office speech Tuesday night making his case for a border wall, President Trump once again mischaracterized the nature of drug smuggling across the Mexican border. While he was correct in stating that the vast majority of drugs coming into the country come through Mexico, his own DEA reported in November that "only a small percentage" of heroin and other drugs comes through areas outside of ports of entry.

Federal Government Shutdown Shutters Drug Czar's Office. Among the casualties of the shutdown is the Office of National Drug Control Policy (ONDCP -- the drug czar's office). If the shutdown continues up to the end of the month, funding for important grant programs involving law enforcement and prevention could be jeopardized.

Expungement

New Jersey Supreme Court Eases Requirements for Drug Court Graduates. The state Supreme Court ruled 7-0 Tuesday that drug offenders who have successfully completed a court-ordered treatment program do not have to prove that expunging their criminal records of those offenses is in the public interest. Instead, the high court ruled, the burden to demonstrate that the public interest requirement was not met should fall on the state. "In light of the rigorous monitoring that is the hallmark of drug court, as well as the new law's overall policy in favor of expungement for successful graduates, we find that participants are entitled to a rebuttable presumption that expungement is consistent with the public interest," the court held.

Of All People: The DEA Demolishes One of Trump's Main Claims About the Border Wall

As the president attempts to make his case for a wall on the US-Mexico border, one of his main selling points is that the wall would reduce the flow of illicit drugs into the country. Of all people, it's not our favorite agency that has rebutted the claim.

That agency is the Drug Enforcement Administration (DEA), which in its 2018 National Drug Threat Assessment released just two months ago makes clear that at best Trump is uninformed and at worst that he is lying to the American people.

The vast majority of drugs smuggled into the US from Mexico come through ports of entry. (Creative Commons)
"Remember drugs. The drugs are pouring into this country. They don't go through the ports of entry. When they do, they sometimes get caught," Trump claimed at a Rose Garden news conference last Friday.

It's not a new claim for the president; it has been a pillar of his claim that there is a "crisis" on the border. But repeating a false claim doesn't make it any less false. What is true, as the DEA reports, is that the southwest border "remains the primary entry point for heroin into the United States," but it is not being lugged across the desert via a wall-less border.

According to the DEA, "the majority of the flow is through POVs [privately owned vehicles] entering the United States at legal ports of entry, followed by tractor-trailers, where the heroin is co-mingled with legal goods. Body carriers represent a smaller percentage of heroin movement and they typically smuggle amounts ranging from three to six pounds taped to their torso, or in shoes and backpacks."

To be clear, the body carriers the DEA is talking about are people coming through ports of entry -- not across an open border. The agency reported that only "a small percentage of all heroin seized" along the border was seized between ports of entry.

It's the same thing with fentanyl. According to the DEA, which says fentanyl imports are split between China and Mexico, Mexican drug traffickers "most commonly smuggle multi-kilogram loads of fentanyl concealed in POVs before trafficking the drugs through Southwest Border ports of entry." In the San Diego sector, which saw the biggest fentanyl seizures, 74 percent off seizures were from cars at ports of entry. In the Tucson sector, which had the next highest fentanyl seizure numbers, that figure was 91 percent.

Claiming that building a border wall would reduce the flow of drugs into the country is probably not the biggest lie Trump and his allies have told about the wall, but it is patently false.

Mexico's President-Elect Looks for Ways to End the Drug Wars [FEATURE]

Last Sunday, leftist politician Andres Manuel López Obrador -- often referred to with the acronymic AMLO -- won the Mexican presidency in a landslide. When he takes office in December, with his party in control of both houses of the Mexican Congress, Mexico's drug policies are likely to see some radical changes.

AMLO in front of picture of his favorite Mexican president, Benito Juarez (Creative Commons)
Just what AMLO does will have significant consequences on both sides of the border. His policies will impact how much heroin and cocaine make it to the streets of America, as well as how many Mexicans flee north to escape prohibition-related violence, and how much drug money flows back into Mexico, corrupting politicians, police, and the military.

That AMLO -- and Mexico -- want change is no surprise. A vigorous campaign against the country's powerful and violent drug trafficking organizations -- the so-called cartels -- unleashed by rightist president Felipe Calderon in 2006 brought the Mexican military into the fight, but instead of defeating the cartels, the campaign, still ongoing under President Enrique Pena Nieto, has instead led to record levels of corruption and violence.

In 2012, when both the U.S. and Mexico had presidential elections and the drug war death toll was around 15,000, Mexico's drug prohibition-related violence was big news north of the border. But in the years since then, as US attention to Mexico's drug wars wavered, it's only gotten worse. Last year, Mexico saw more than 30,000 murders, and the cumulative drug war toll in the past dozen years is more than 200,000 dead and tens of thousands of "disappeared."

But the toll runs deeper than just a count of the casualties. The relentless drug war violence and the endemic corruption of police forces, politicians, and even sectors of the military by cartels have had a deeply corrosive effect on the citizenry and its belief in the ability of the country's political institutions to address the problem.

López Obrador, the former mayor of Mexico City, campaigned heavily on the need for change, especially around drug policy, corruption, and public safety. "Abrazos, no balazos" ("hugs, not gunfights") was one of his favorite campaign slogans. AMLO campaigned cautiously, hammering away at crime, corruption, and violence and mentioning different drug policy-related changes, but not coming out with specific policy proposals. Still, from his own remarks and those of people who will be assuming key positions in his administration, we can begin to sketch an outline of what those policies may look like.

Marijuana Legalization

Mexico is one of the world's largest marijuana producers (although the local industry has been taking a hit in recent years from completion north of the border), it has decriminalized the possession of small amounts of the herb, and it has legalized medical marijuana.

AMLO's pick for interior minister, former Supreme Court official Olga Sánchez Cordero has made no secret of her plans to seek full legalization and said this week that AMLO may seek a public referendum to gauge popular support for it. "Why maintain pot prohibition when Canada and US states are legalizing it, she said. "What are we thinking? Tell me. Killing ourselves. Really, keep on killing when... North America is decriminalizing?"

Drug Legalization

The possession of personal use amounts of all drugs has been decriminalized in Mexico since 2009, but that hasn't stopped the violence. AMLO and his advisors say he is open to considering taking the next step and legalizing all drugs.

"We'll analyze everything and explore all the avenues that will let us achieve peace. I don't rule out anything, not even legalization -- nothing," AMLO told the New Yorker during the campaign.

"The war on drugs has failed," wrote Sánchez Cordero. "Nothing contributes to peace by legislating on the basis of more criminal punishment and permanent confrontation. Violence is not fought with violence, as López Obrador rightly points out."

Drug legalization would be a radical step, indeed. It probably isn't going to happen under AMLO, since that would pit Mexico not only against the US, but also against the international anti-drug treaties that serve as the legal backbone of global drug prohibition. But he is putting the idea squarely on the table.

Amnesty

As a candidate, AMLO floated the idea of amnesty for those involved in the drug trade, a notion that created huge controversy and forced his campaign to clarify that it did not mean cutting deals with bloody-handed cartel leaders or their henchmen. Instead, his campaign clarified, he was referring to peasants growing drug crops and other low-level, nonviolent workers in the illicit business.

"Kidnappers? No," said Sánchez Cordero about possible amnesty recipients. "Who? The people working in rural areas, who are criminals because they work in the illegal drug business, but haven't committed crimes such as murder or kidnapping."

Mexican soldiers have been enlisted to fight the drug war. AMLO wants them to return to the barracks. (Creative Commons)
Demilitarization and Policing Reforms

For the past 12 years, the Mexican military has been called on to fight the cartels and suppress the drug trade. But the level of violence has only increased, the military is implicated in massive human rights violations (as can only be expected when a government resorts to soldiers to do police work), and finds itself subject to the same corrupting influences that have turned state and local police forces into virtual arms of the competing cartels.

With regard to cartel violence, AMLO repeatedly said on the campaign trail that "you don't fight fire with fire" and that what was needed was not soldiers on the streets, but social and economic assistance for the country's poor and unemployed -- to give them options other than going to work for drug gangs. Just this week, AMLO announced a $5 billion package of scholarships and job training support for the young.

Still, AMLO isn't going to send the soldiers back to the barracks immediately. Instead, says one of his security advisors, his goal is to do it over the next three years. He has also proposed replacing the military presence in the drug war with a 300,000-person National Guard, composed of both military and police, a notion that has been bruited by earlier administrations as a means of effectively replacing tainted state and local police participation.

Here, AMLO is not nearly as radical as with some of his other drug policy proposals. He as much as concedes that the bloody drug wars will continue.

"I'm not overwhelmed by any of it," Eric L. Olson, an expert on Mexico and security at the Wilson Center in Washington, told the Washington Post. "It falls well within the norm for what other politicians have been saying."

The US-Mexico Relationship

Over the past couple of Mexican administrations, Mexican security agencies have cooperated closely with their U.S. counterparts in the DEA and FBI. It's not clear whether that level of cooperation will be sustained under AMLO. When he was running for president in 2012, he called for blocking US intelligence work in Mexico, but during this campaign, he insisted he wanted a strong relationship with the US on security and trade issues.

While Mexico may chafe under the continued threats and insults of President Trump, it benefits from security cooperation with the US and would like to see the US do more, especially about the flow of guns south across the border.

"We are going to ask for the cooperation of the United States" on gun trafficking, said Alfonso Durazo, one of AMLO's security advisers, repeating an ongoing refrain from Mexican politicians.

Mexico has also benefited from DEA intelligence that allowed it to kill or capture numerous cartel figures. But AMLO is a much pricklier personality than his predecessor, and between Trump's racist Mexico- and immigrant-bashing and his imposition of tariffs on Mexican exports, US-Mexico relations could be in for a bumpy few years. AMLO's moves on changing drug policies at home are also likely to sustain fire from the White House, further inflaming tensions.

"The bottom line is he's not going to fight the drug war in the way that it's been fought in the last few decades," David Shirk, a professor at the University of San Diego who is an expert on security issues in Mexico told the Post. "That is potentially a huge change."

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Chronicle AM: FDA Approves First Marijuana Drug, Mexican Ire Over Border Policy, More... (6/25/18)

The first marijuana-based drug is approved by the FDA, Oklahoma votes on medical marijuana tomorrow, Trump's border politics are raising ire and threatening cooperation in Mexico, and more.

Trump's immigration policies are threatening Mexican cooperation with the drug war and other security issues. (Creative Commons)
Marijuana Policy

Massachusetts Attorney General Wants to Let Localities Extend Marijuana Business Moratoria for Another Year. Attorney General Martha Healey wants to let municipalities extend marijuana business moratoria for twice the time she originally said they needed. She had previously said the moratoria could only last for a year but now wants to double that to two years. The Marijuana Policy Project isn't on board with that: Towns have zoned for tobacco, alcohol, and pharmaceuticals for years," said MPP's Jim Borghesani. "It is a fiction that they need more time to figure out how to zone for cannabis. The only people who will benefit from Maura Healey's ruling are the criminals who have controlled cannabis sales for decades." About 160 cities and towns have a moratorium of some sort in place, most of which were set to expire at the end of the year.

Medical Marijuana

FDA Approves First Marijuana-Based Drug. The Food and Drug Administration has approved GW Pharmaceutical's epilepsy drug Epidiolex. The drug is approved for use in patients two years and older with Dravet Syndrome and Lennox-Gastaut Syndrome, both rare and treatment-resistant forms of epilepsy. "This approval serves as a reminder that advancing sound development programs that properly evaluate active ingredients contained in marijuana can lead to important medical therapies," said FDA Commissioner Scott Gottlieb.

Oklahoma Votes on Medical Marijuana Initiative Tuesday. Sooner voters will go to the polls tomorrow to cast their verdict on State Question 788, an initiative that would create a full-fledged medical marijuana program in the state. Democratic voters will also have a chance to vote for former state Sen. Connie Johnson, one of the state's leading medical marijuana proponents, who is seeking the Democratic gubernatorial nomination.

Foreign Policy

Colombia Cocaine Production Levels "Unacceptable," US Says. Head of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) Jim Carroll said Monday that the record level of cocaine production in Colombia is "unacceptable" and blamed increased supply for pushing increased levels of cocaine use in the US. Given that Colombia's newly elected president, Ivan Duque, is a drug war hard-liner -- a shift from the policies of former President Santos -- Colombia is likely to return to pre-Santos policies attacking coca production, including aerial fumigation.

Citing Immigration Policy, Mexican Legislators Call for End to Security Cooperation With US. Mexican lawmakers last week proposed ending cooperation with the US on immigration, counterterrorism, and fighting organized crime (drug trafficking) "as long as President Donald Trump does not act with the respect that migrants deserve." The proposal came from the Congress's Permanent Commission, which meets while Congress is in recess. The lawmakers asked the presidency to "consider the possibility of withdrawing from any bilateral cooperation scheme" with the US on these issues.

International

Russia Poll Finds Very Strong Opposition to Legalizing Soft Drugs. An annual poll conducted by the research firm VTsIOM has 89% of respondents opposing to legalizing "soft drugs," a term generally considered to refer to marijuana. The numbers are in line with poll results from other years, ranging from 85% in 2004 to 93% last year.

Russia Says Canada's Marijuana Legalization Violates International Law. The Russian Foreign Ministry said last Thursday that Canada is violating international drug control treaties by legalizing marijuana. Those treaties do not allow for "flexible interpretation," the ministry said, adding that it expected other Western countries to chastise Canada. "We expect, that Canada's 'arbitrariness' will merit a response from its G7 partners, since this group has repeatedly declared its commitment to the rule of law in interstate relations," the ministry said.

(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 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: Opioid Prescriptions Drop, Trump Repeats False Border Wall Claims, More... (4/20/18)

A California marijuana banking bill advances, a Colorado marijuana deliveries bill dies, opioid prescriptions are declining, Trump repeats false claims about the border wall and drug smuggling, and more.

opioid prescriptions go down, down, down (IQVIA Institute)
Marijuana Policy

California Bill to Create Marijuana Banks Wins Committee Vote. A bill that would license special banks to handle billions of dollars from the legal marijuana market was approved by the Senate Banking and Financial Institutions Committee on a 7-0 vote Wednesday. The measure, Senate Bill 930, now heads to the Senate Government and Finance Committee. Companion legislation has been filed in the Assembly.

Colorado Marijuana Delivery Bill Killed. A bill that would have allowed pot shops to make deliveries got through the House only to die in a Senate committee Wednesday. House Bill 1092 was killed by a 3-2 vote of the Senate Judiciary Committee.

Ohio Attorney General Rejects Legalization Amendment Petition. State Attorney General Mike DeWine (R) rejected a petition for a proposed marijuana legalization amendment Thursday. DeWine wrote that he rejected the petition because its summary language did not match the actual amendment language. Campaign organizers can refile the petition if they wish.

Heroin and Prescription Opioids

Opioid Prescriptions Dropped In Every State Last Year. The number of opiod painkiller prescriptions dropped 10.2% in 2017, according to a new report from the ICVIA Institute, which collects data on pharmaceutical prescriptions from retail pharmacies. The number of high-potency opioid prescriptions declined even more, by 16.1% And using a measure called the morphine milligram equivalent saw a 12% decrease, the largest in a quarter century. "We're seeing declines across every state," said Murray Aitken, executive director of the IQVIA Institute. "The states that have the highest per capita consumption are also the states with the highest decline."

Drug Testing

Massachusetts High Court Rules Against State in PrisonVisitor Drug Dog Policy Fight. The state Supreme Judicial Court ruled Thursday that the Department of Corrections exceeded its authority when it started using drug dogs to search prison visitors without giving the public a chance to weigh in. The court held that the department should have followed a regulatory process that allows interested parties an opportunity to present their views. Still, the court is allowing the department to continue the drug dog searches while it follows the proper regulatory process.

Harm Reduction

Missouri Safe Injection Site Bill Filed. St. Louis state Rep. Karla May (D) has filed House Bill 2367, which "authorizes local health departments and community-based organizations to establish Safe Consumption Facilities." It is aimed at reducing overdoses and infectious diseases linked to injection drug use.

The Border

Trump Again Falsely Claims Border Wall Needed to Stop Drug Smuggling. The president is at it again: On Thursday, President Trump traveled to the Florida Keys to be briefed by the Joint Interagency Task Force South and said he received "a great education" about drugs flowing into the country, but then proceeded to make the errant claim that a border wall is needed to stop the flow of drugs. "Drugs are flowing into our country," Trump said. "We need border protection. We need the wall. We have to have the wall." But border experts, drug experts, and even the DEA all agree that the vast majority of drugs smuggled from Mexico go through ports of entry, not through the vast and barren unfenced expanses of the border.

International

Indonesia's New Anti-Drug Head Signals Softer Approach. New anti-drug chief Heru Winarko called Wednesday for an expansion of drug treatment centers in the country, signaling a new approach to the war on drugs there. Police would maintain their "stern" approach to drug traffickers and their "shoot to kill" policy toward armed suspects resisting arrest, he said, but added that Indonesia would not mimic the bloody drug policies of the neighboring Philippines under President Rodrigo Duterte.

Chronicle AM: Senate Sentencing Reform Bill Under Attack, DEA Threatens SIJs, More... (2/15/18)

The Marijuana Justice Act gets a third cosponsor, the DEA threatens to go after safe injection sites, the attorney general and leading law enforcement groups target the Senate sentencing reform bill, and much, much more.

Jeff Sessions and major law enforcement groups are trying to kill the Senate sentencing reform bill. (senate.gov)
Marijuana Policy

Federal Judge Suggests He Will Defer to DEA, Congress on Rescheduling Lawsuit. At a hearing Wednesday over a lawsuit seeking to have marijuana de- or rescheduled from Schedule I of the Controlled Substances Act, US District Court Judge Alvin Hellerstein suggested he would rule in the government's favor. He dismissed plaintiffs' claims that marijuana prohibition was motivated by racism and political concerns when it was passed 80 years ago and he said he didn't think he had the authority to reschedule the drug. "The law is the law," the judge said. "I'm sworn to enforce the law."

Cory Booker's Marijuana Justice Act Gets Third Sponsor. Sen. Kirsten Gillibrand (D-NY) announced Wednesday that she had signed on as a cosponsor of Sen. Cory Booker's (D-NJ) Marijuana Justice Act (S. 1689). The bill is also cosponsored by Sen. Ron Wyden (D-OR).

Federal Bill Filed to Protect Legal Marijuana States and Businesses. Rep. Lou Correa (D-CA) has filed the Sensible Enforcement Of Cannabis Act (no bill number yet), which would essentially codify the protections for state-legal marijuana embodied in the now-rescinded Cole memo. "To date, eight states have legalized recreational cannabis, and twenty-nine states and the District of Columbia, representing more than half of the American population, have enacted legislation to permit the use of cannabis," Correa said. "Attorney General Sessions' decision to rescind the 'Cole Memo' created great uncertainty for these states and legal cannabis businesses, and put citizens in jeopardy for following their state laws."

Connecticut Legalization Bills Filed. Twenty-two lawmakers filed a marijuana legalization bill Wednesday. The bill, House Bill 5112, would authorize the retail sale and taxation of the herb. Separately, House Deputy Majority Leader Rep. James Albis (D-East Haven) filed another legalization bill, House Bill 5111. Similar bills last year failed to get a floor vote in either chamber. Both bills were referred to the Joint Committee on General Law.

Massachusetts Legalization Advocates Protest "Intimidation Campaign" Aimed at Forcing Restrictive Regulations. Legalization advocates are criticizing Gov. Charlie Baker (R) and other officials, saying they have conducted a "coordinated intimidation campaign" against the state body charged with crafting rules and regulations, the Cannabis Control Commission. In a series of letters to the commission, officials from the governor's office have raised public health and safety concerns and recommended it scale back its framework of rules. Advocates took their concerns to the State House Thursday, where they held a press conference.

New Jersey Lawmakers, Wary of Legalization, File Decriminalization Bill Instead. A bipartisan group of legislators urging caution on pot legalization has filed a bill that would decriminalize the possession of small amounts of marijuana. Senate Bill 472 would make the possession of up to 15 grams a civil offense. Gov. Phil Murphy (D) campaigned on legalizing marijuana, and legalization bills have already been filed in the Assembly and Senate.

Jackson, Mississippi, City Council Votes to Decriminalize Weed. The city council voted unanimously Tuesday to decriminalize the possession of up to 30 grams of marijuana. Violators would face no more than a $100 fine. Under current Mississippi state law, marijuana possession is illegal, so effective implementation will depend on local law enforcement discretion. The possession of any amount of marijuana can result in up to 60 days in jail, a fine of up to $250, and a litany of collateral consequences that impacts employment, housing, family and life opportunities.

Asset Forfeiture

Alabama Senate Committee Votes to End Civil Forfeiture by Police. The Senate Judiciary Committee voted Wednesday to approve a bill that would end civil asset forfeiture in the state. Senate Bill 213 would require a criminal conviction before cash or property could be seized. Senators said they expected the bill to face additional negotiations before it goes to a Senate floor vote.

Drug Testing

Wisconsin Bill to Block Employers from Testing for Marijuana to Be Filed. Rep. David Bowen (D-Milwaukee) said he plans to introduce a bill that would block employers from drug testing for THC or disqualifying people from jobs because of a drug test with positive results for marijuana. The bill would apply to both public and private sector workers, but not those operating heavy equipment. "Consuming THC weeks or months out from a job interview should not disqualify someone from finding employment any more than someone who drank a few beers on another date should be kept out of work" Bowen told the Isthmus in an email. "While I am in favor of the safe legalization and regulation of marijuana for both recreational and medicinal use, until that happens, people should not be stigmatized for using a substance whose effect on society is less negative than society's reaction to it."

Heroin and Prescription Opioids

Congressional Republicans Try to Blame Sanctuary Cities for Opioid Crisis. GOP lawmakers used a hearing of the House Judiciary Subcommittee on Immigration and Border Security to try to scapegoat sanctuary cities for the country's opioid crisis. "We have heard countless stories of sanctuary practices and the havoc they wreck on public safety, national security, and the sanctity of the rule of law," said Rep. Raúl Labrador (R-ID), the committee chair. "Our public safety and our public health are tied to eradicating opioids, which can never be accomplished when the force multiplier that is ICE is sidelined." But committee Democrats and analysts rejected the link. Rep. Pramila Jayapal (D-WA) said There was no "factual basis in connecting so called sanctuary city policies with the opioid crisis," said Rep. Pramila Jayapal (D-WA). "It would be laughable if it weren't so serious," she said. "If it weren't so hurtful to the characterization of immigrants across this country." Last month, Republicans tried to blame Obama's expansion of Medicaid for worsening the epidemic.

Harm Reduction

Trump Administration Threatens to Go After Safe Injection Sites. Several US cities are moving forward with plans to open safe injection sites, but the DEA has just fired a shot across the bow. In an interview with Buzzfeed, DEA spokeswoman Katherine Pfaff said the agency may take action against the facilities because they are federally prohibited. "Supervised injection facilities, or so-called safe injection sites, violate federal law," Pfaff said. "Any facilitation of illicit drug use is considered in violation of the Controlled Substances Act and, therefore, subject to legal action." She cited a 1980s crack house law that could be used. But in Seattle, at least, local prosecutors say they welcome a legal challenge and think they can convince the courts that public health powers are superior to criminal laws against drug dens run for profit.

New Mexico Passes Legislation to Examine Administering Pharmaceutical-grade Heroin or Other Opioids by Medical Practitioners to People Struggling with Long-term Addiction. The state House Tuesday approved House Memorial 56, which charges the Legislative Health and Human Services Committee to take testimony on supervised injectable opioid treatment as a feasible, effective and cost-effective strategy for reducing drug use and drug-related harm among long-term heroin users who have not been responsive to other types of treatment. The bill was sponsored by Rep. Deborah Armstrong (D-Albuquerque), chair of the House Health and Human Services Committee. This memorial does not need to pass the Senate or be signed by the governor.

Sentencing Reform

Attorney General Sessions Slam Senate Sentencing Reform Bill. Attorney General Jeff Sessions came out against a painstakingly cobbled-together Senate sentencing reform bill Wednesday, sparking a public food fight with Sen. Chuck Grassley (R-IA), the head of the Senate Judiciary Committee and the very face of dour Corn Belt conservatism.In a letter reported by Reuters, Sessions warned the committee not to approve the sentencing reform bill, S. 1917, claiming it would reduce sentences for "a highly dangerous cohort of criminals." Passage of the bill would be "a grave error," Sessions said. The measure is actually a mixed bag, a product of lengthy discussions among senators seeking a compromise that could actually pass the Senate. While it has a number of progressive sentencing reform provisions, mainly aimed at nonviolent drug offenders, it also includes new mandatory minimum sentences for some crimes, including some drug offenses. Those provisions provide political cover to conservatives fearful of being tagged "soft on crime," but tired of perpetuating failed drug war policies.

Police Groups Slam Senate Sentencing Reform Bill. The National Sheriffs' Association and the Fraternal Order of Police have both come out against the Senate sentencing reform bill, calling on President Trump to reject the bill and saying it will put violent drug dealers back out on the street. "Sheriffs will have to arrest most of them again at the county level and that will shift the cost and responsibility to us without fixing the underlying problems of violent crime and drug and human trafficking in the country," said a letter to Trump from the National Sheriffs' Association. "At a time when our nation is being ravaged by an epidemic of overdoses from the use of heroin and opioids, it seems at variance with common sense and sound policy to drastically reduce sentences for drug traffickers and then apply these reduced sentences retroactively," said the National Fraternal Order of Police.

Chronicle AM: MA Drug Lab Scandal Redux, PA MJ Support Strong and Rising, More... (9/22/17)

Pennsylvania support for marijuana legalization is strong and rising, Attorney General Sessions mixes drug and immigration policy, another federal court rules against Stingray, a second Massachusetts drug lab scandal could see thousands more cases dismissed, and more.

Massachusetts state drug testing labs continue to generate serious problems -- and thousands of case dismissals. (Wikimedia)
Marijuana Policy

California Will Issue Temporary Business Licenses. Regulators will introduce a temporary marijuana business licensing system to ensure a smooth start to regulated marijuana sales beginning on January 1, the state's top marijuana official announced Thursday. Businesses would only need to provide some "pretty basic information" for the temporary licenses, said Lori Ajax. The application will be available in early December, after temporary rulemaking is completed. "We don't have time to do regular rulemaking," she explained, adding that would come next year.

Pennsylvania Poll Shows Strong, Rising Support for Legalization. A Franklin & Marshall College poll released Thursday has support for marijuana legalization at 59%, with only 31% opposed and 9% undecided. The pro-legalization numbers are the highest ever in the poll, up three points since May and a whopping 19 points since June2015.

Immigration

Sessions Blames Lax Immigration Policies for Drug Gangs, Cartels. Attorney General Jeff Sessions used concerns over drug gangs and cartels to attack "loose" immigration policy in remarks in Boston Thursday. He specifically singled out MS-13 as an example, while failing to note the gang's origins among Salvadoran refugees fleeing a US-sponsored civil war there in the 1980s. He also attacked the Deferred Action for Childhood Arrivals (DACA) program, which offers protections to undocumented residents who were brought to the country as children. "The gangs use this program as a means to recruit members," Sessions said. "We cannot allow young people to be brought into this life of crime." Sessions did not mention that DACA participants are carefully vetted and must have no serious criminal records or that 90% of them are working or in college.

Law Enforcement

DC Court Latest to Rule Against Warrantless Stingray Searches. The DC Court of Appeals ruled Thursday that the warrantless use of a Stingray cell-site stimulator to monitor phone calls was unconstitutional. The ruling was only the latest in a string of recent federal appeals court judgments that ruled using the Stingray amounts to a search under the meaning of the Fourth Amendment. In the DC case, the court found the violation so egregious that it excluded all evidence derived from it, overturning the conviction of Prince Jones on drug charges.

ACLU Calls for Thousands More Massachusetts Drug Cases to Be Thrown Out in Drug Lab Scandals. Bay State judges have already dismissed more than 20,000 drug cases tainted by the misbehavior of state lab chemist Annie Dookhan, but now the ACLU is calling for judges and prosecutors to dismiss thousands more in a second case of lab tech misbehavior. Amherst state lab chemist Sonja Farak pleaded guilty in 2014 to stealing cocaine from the lab and admitted she was high nearly every day from 2004 to 2013 on cocaine, meth, and other stimulant drugs she pilfered from her job. The ACLU charges that prosecutors have sought to minimize Farak's misbehavior in a bid to preserve drug cases and convictions and failed to notify defendants that the evidence in their cases had been tainted. "Far worse than the Hinton scandal, the Amherst scandal combines a lab crisis with prosecutorial misconduct of unparalleled scope and irremediable consequence," the ACLU argued. "This latest systemic lapse in the justice system demands a most emphatic response." And that response would be mass dismissals.

International

Iceland Marijuana Legalization Bill Filed. Members of the Reform Party and the Pirate Party have banded together to file a bill that would legalize marijuana in the North Atlantic island nation. The bill would allow anyone 20 and over to possess and cultivate pot for personal use -- with a government permit. The bill would also allow retail sales and consumption lounges, but not at the same business.

Australia to See First Music Festival With On-Site Pill Testing. The Spilt Milk Festival in Canberra will provide on-site pill testing for attendees in a harm reduction move aimed at reducing overdoses and other bad drug interactions. The Australian Capital Territory government has given the okay for the project, which will be operated by the Safety Testing Advisory Service at Festivals and Events. That consortium consists of Harm Reduction Australia, the Australian Drug Observatory, the Noffs Foundation, DanceWize, and Students for Sensible Drug Policy.

Trump BS Alert: The Border Wall Won't Stop Drug Smuggling [FEATURE]

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

The president doesn't let reality get in the way of rhetoric. (Creative Commons/Gage Skidmore)
President Trump sure loves his border wall. It was a staple of his campaign rhetoric, and despite Mexico's firm insistence that there is no way it's ever going to pay for it, Trump's desire for it is unabated. Now, he's threatening to shut down the government unless he can persuade the Congress to make American taxpayers pay for it.

Last week, Trump claimed that "building the wall will stop much of the drugs coming into the county." That claim is yet another example of what CNN contributor Fareed Zakaria pungently referred to as Trump's primary political product: bullshit.

Here's what Trump claimed during his joint press conference last Monday with Finnish President Sauli Niinisto:

"The wall will stop much of the drugs from pouring into this country and poisoning our youth. So we need the wall. It's imperative… The wall is needed from the standpoint of drug -- tremendous, the drug scourge, what's coming through the areas that we're talking about… So we will build the wall, and we will stop a lot of things, including the drug -- the drugs are pouring in at levels like nobody has ever seen. We'll be able to stop them once the wall is up."

And here's the reality: Trump's own DEA and outside experts agree that building a wall along the 1,700 mile land border with Mexico will have little impact on the drug trade. Not only do drugs from Latin America enter America by sea and air as well as across the Mexican border, but the vast majority of drugs crossing the land border do so not in unfenced desert expanses, but through official ports of entry.

Mexican drug trafficking organizations "transport the bulk of their drugs over the Southwest Border through ports of entry (POEs) using passenger vehicles or tractor trailers," the DEA said in its 2015 National Drug Threat Assessment. "The drugs are typically secreted in hidden compartments when transported in passenger vehicles or comingled with legitimate goods when transported in tractor trailers."

Here's how the DEA detailed trafficking methods for various drugs:

Methamphetamine: "Traffickers most commonly transport methamphetamine in tractor trailers and passenger vehicles with hidden compartments. In addition, traffickers send methamphetamine through various mail services or by couriers traveling via bus or commercial airline.

Heroin: "Most heroin smuggled across the border is transported in privately-owned vehicles, usually through California, as well as through south Texas."

Cocaine: "Tractor trailers and passenger vehicles are frequently used to transport multi-kilogram quantities of cocaine. Cocaine is hidden amongst legitimate cargo or secreted inside of intricate hidden compartments built within passenger vehicles."

Marijuana: "Large quantities of marijuana are smuggled through subterranean tunnels."

A May 2017 DEA intelligence report obtained by Foreign Policy echoed the 2015 assessment. It, too, found that drugs coming from Mexico went indeed cross the border, but they mainly do so concealed in vehicles using ports of entry -- not those unfenced expanses. That report also noted that drugs headed for the Northeast United States, especially from Colombia -- the world's leading cocaine producer, as well as source of opium and heroin second only to Mexico in the US market -- come more often by plane and boat.

Drug traffickers "generally route larger drug shipments destined for the Northeast through the Bahamas and/or South Florida by using a variety of maritime conveyance methods, to include speedboats, fishing vessels, sailboats, yachts, and containerized sea cargo," the report found. "In some cases, Dominican Republic-based traffickers will also transport cocaine into Haiti for subsequent shipment to the United States via the Bahamas and/or South Florida corridor using maritime and air transport."

That report did not address the border wall, but its examples of how and where drugs enter the country show that in many cases, building a wall wouldn't make a scintilla of difference: "According to DEA reporting, the majority of the heroin available in New Jersey originates in Colombia and is primarily smuggled into the United States by Colombian and Dominican groups via human couriers on commercial flights to the Newark International Airport," the report found.

The report concluded with recommendations for reducing the drug trade, but none of them were about building a border wall. Instead, targeting foreign drug trafficking networks within the US "would be an essential component to any broad strategy for resolving the current opioid crisis."

It's not just his own DEA that is giving the lie to Trump's bullshit. His own chief of staff, John Kelly contradicted the president's position at a congressional hearing in April. Illegal drugs from Mexico "mostly come through the ports of entry," he said. "We know they come in in relatively small amounts, 10, 15 kilos at a time in automobiles and those kinds of conveyances."

Drug trafficking experts agreed with Kelly and the DEA -- not Trump.

Brookings Institution senior fellow and long-time analyst of drug production and trafficking Vanda Felbab-Brown summed things up bluntly in an essay earlier this month: "A barrier in the form of a wall is increasingly irrelevant to the drug trade as it now practiced because most of the drugs smuggled into the US from Mexico no longer arrive on the backs of those who cross illegally."

"The wall won't stop the flow of drugs into the United States," she told Fact Check last week.

Other experts contacted by Fact Check concurred. University of Maryland criminal justice professor and founder of the RAND Drug Policy Research Center Peter Reuter pronounced himself skeptical that a wall would have any impact on the drug trade.

"The history is that smugglers eventually figure a workaround," he said. "There have been many promising interdiction interventions -- none of them have made more than a temporary dent."

And Middle Tennessee State University political science professor Stephen D. Morris, whose research has largely focused on Mexico, came up with two reasons the border wall would not stop drugs.

"First, as you say, most drug shipments come disguised as commerce and are crossing the border by truck or in cargo containers. Human mules, to my knowledge, bring in a small fraction," he said. "Second, smugglers adapt. Whether it is tunnels, submarines, mules, drones, etc., they are good at figuring out new ways to get drugs to those in the US who will buy them."

It is a shame that Donald Trump's ascendency has so coarsened and vulgarized our national political discourse. But his lies demand a forthright response. Bullshit is bullshit.

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