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Chronicle AM: Trump Drug Czar Nominee Withdraws, NFL Endorses Sentencing Reform, More... (10/17/17)

Stories pile up when you spend a week at the drug reform conference: Trump's choice for drug czar is out, the NFL endorses sentencing reform, California's governor signs a sentencing reform bill, and more.

The National Football League has formally endorsed a federal sentencing reform bill. (Flickr)
Marijuana Policy

Mississippi Supreme Court Overturns Marijuana Conviction of Vehicle Passenger. The state Supreme Court last Thursday threw out the marijuana possession conviction of a car passenger, saying the mere fact that he was in the vehicle didn't mean he actually possessed the drug. Marvin Carver had been charged after the car his half-brother was driving was pulled over and marijuana was found. The half-brother said the marijuana was his, and prosecutors never proved that Carver knew about or intended to possess the pot, the court noted.

New Hampshire Marijuana Study Group Holds First Meeting, No Legalizers Included. A commission charged with studying the potential impact of marijuana legalization is holding its first meeting today. Created by the legislature, the commission includes lawmakers and representatives of several state agencies, including banking, law enforcement, and the medical community. Of the legislators, several have voiced opposition to legalization and none are on record in support of it.

Maine Legalizers Reject Legislative Rewrite of Marijuana Law. Legalize Maine, the group behind last year's successful legalization initiative, has come out against the proposed legislative rewrite of the law, saying it "isn't ready for prime time." The group strongly objects to bill language requiring localities to "opt in" to the legal marijuana business instead of having to "opt out." Such a provision will only create chaos and encourage the black market, the group says.

Pennsylvania ACLU Report Finds Large Racial Disparities in Marijuana Arrests. In an analysis of 2016 arrest data, the ACLU found that black adults in the state were eight times more likely to be arrested for pot possession than whites. Marijuana arrests in the state have increased in recent years, and so has the racial disparity in arrests. It was less than six to one in 2011. The arrest figures don't include Philadelphia, which decriminalized in 2014 and saw arrests plummet 88%. But even in Philly, blacks were still three times more likely to be arrested for pot than whites.

Medical Marijuana

Pennsylvania Issues First Medical Marijuana Grow License. The state Department of Health has approved Cresco Yeltrah's 40,000-plus-square-foot indoor grow operation, making it the first medical marijuana grow in the state to be approved. The planting of seeds should commence shortly, with the first crop ready in about four months.

Drug Policy

Trump Drug Czar Nominee Withdraws in Wake of Report He Pushed Bill to Hinder DEA Opioid Pill Enforcement Efforts. Pennsylvania US Rep. Tom Marino (R), who President Trump nominated last month to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office), has withdrawn his nomination in the wake of reports that he shepherded through Congress legislation lobbied for by drug companies and pharmaceutical chains that decreased the DEA's ability to stop suspect shipments of prescription opioids. Marino had come under fire from Democratic lawmakers after the report went public Sunday.

McCaskill Will File Bill to Undo 2016 Law Marino Pushed. Sen. Claire McCaskill said Monday she would fill a bill to repeal the 2016 law Rep. Marino shepherded through Congress at the behest of deep-pocketed drug companies and pharmaceutical chains.

Drug Testing

Wisconsin Moves a Step Closer to Drug Testing Food Stamp Recipients. The state Health Department announced last Friday that it has submitted its plans for the drug testing of food stamp recipients to the office of Gov. Scott Walker (R). Critics of the plan say it requires getting a waiver from the US Department of Agriculture, but the Walker administration disagrees. Look for a court challenge.

Law Enforcement

Justice Department Announces First Ever Indictments Against Chinese Fentanyl Makers. The DOJ announced Tuesday that federal grand juries in Mississippi and North Dakota had returned indictments against two Chinese nationals and their US-based traffickers and distributors for separate conspiracies to peddle large quantities of fentanyl, fentanyl analogues, and other opioids in the United States. These are the first indictments returned against Chinese nationals for manufacturing and distributing fentanyl destined for the US.

Florida Man Wins Cash Settlement After Police Field Drug Test Mistook Sugar for Meth. In 2015, police arrested Daniel Rushing for meth possession after they mistook glaze from a Krispy Kreme donut for methamphetamine. Rushing was held in jail for 10 hours before bonding out. The charges were dropped when subsequent tests showed the substance was indeed glazed sugar. Last week, the city of Orlando agreed to pay him $37,500 to settle his wrongful arrest lawsuit.

Sentencing

In Midst of National Anthem Controversy, NFL Endorses Federal Sentencing Reform Bill. In a letter sent Monday to leading senators, the National Football League offered "full support" for the Sentencing Reform and Corrections Act (S. 1917). "Over the last two seasons, one particular issue that has come to the forefront for our players and our teams is the issue of justice for all," the league noted, obliquely addressing the controversy surrounding NFL players kneeling during the national anthem to protest racial inequality in the criminal justice system, while at the same time supporting progressive sentencing reform.

California Governor Signs Major Drug Sentencing Reform. Last Thursday, Gov. Jerry Brown signed into law Senate Bill 180, authored by State Senators Holly Mitchell (D-Los Angeles) and Ricardo Lara (D-Long Beach). With his signature, Brown repealed a three-year sentence enhancement that added additional years to a sentence for prior drug convictions, such as drug sales and possession of drugs for sales. SB 180, the RISE (Repeal of Ineffective Sentencing Enhancements) Act, was part of Mitchell and Lara's Equity and Justice Package, bills intended to address racially biased sentencing.

Massachusetts Takes Aim at Mandatory Minimums. State Senate leaders are rallying around a sentencing reform bill that would repeal mandatory minimum sentences for small-time drug offenses, lower probation fees, and up the threshold for felony larceny. Supporters of the proposal from Sen. William Brownberger (D-Belmont) rallied last Thursday to champion the bill, which the Senate should be taking up in the next few weeks.

Chronicle AM: Alaska Towns Reject Marijuana Bans, DEA Names Acting Head, More...(10/4/17)

The DEA names an in-house acting administrator, the Massachusetts high court takes up the question of whether judges can order addicts to remain drug-free, Canada advances on looming marijuana legalization, and more.

Voters in Fairbanks and other Alaska towns rejected bans on commercial marijuana operations Tuesday. (Flickr)
Marijuana Policy

Alaska Towns Reject Marijuana Bans. Voters in Fairbanks and several towns on the Kenai Peninsula south of Anchorage rejected bans on commercial marijuana growing operations in local votes on Tuesday. The state legalized marijuana in 2014.

California Governor Signs Bill Making Smoking Pot While Motoring a $70 Ticket. Gov. Jerry Brown (D) on Monday signed into law a bill barring the use of marijuana or marijuana products while driving or riding in a motor vehicle. The maximum penalty is a $70 fine. But drivers who operate while impaired could still be nailed for that.

Hemp

Farm Bureau Endorses Federal Hemp Bill. The American Farm Bureau Federation has formally endorsed the Industrial Hemp Farming Act, House Resolution 3530, which would exclude industrial hemp from the Controlled Substances Act definition of marijuana.

Law Enforcement

DEA Veteran Named Acting Administrator. The Justice Department has named veteran DEA official Robert Patterson as acting administrator of the agency. He has been DEA's principal deputy administrator since last November, where he oversaw all of the agency's enforcement, intelligence, administrative, and regulatory activities worldwide. He is the highest ranking career special agent at DEA.

Massachusetts Court Ponders Whether Courts Can Require Addicts to Remain Drug-Free. The state's Supreme Judicial Court heard arguments Monday on whether judges can require people under their supervision who suffer from substance use disorder to remain drug-free. The case involves a woman who was sent to jail for failing a drug test while on probation for a larceny charge, but has large implications for how judges in the state deal with drug-using defendants. A decision in the case is expected around year's end.

International

Canadian Prime Minister Proposes 10% Marijuana Excise Tax. Prime Minister Justin Trudeau has proposes an excise tax on retail marijuana sales of $1 for sales of up to $10, and 10% on sales over that amount. Provinces and territories would receive half the revenues under the proposal he made Tuesday, but some provinces argue that isn't enough. Trudeau responded that the details are still open to negotiation.

Alberta Proposes Minimum Age of 18 for Pot Use. The Alberta provincial government's draft plan for marijuana legalization sets the minimum age at 18. The province says it hasn't yet decided on whether to have government-run or private sales. The draft proposal also includes provisions for use in public areas where smoking is allowed and sets a public possession limit of 30 grams.

Chronicle AM: Trump DEA Pick Has Issues, FL MedMJ Licenses Delayed, More... (10/2/17)

The man Trump will reportedly name to head the DEA has some racial profiling issues in his past, the Global Commission on Drugs issued recommendations on dealing with the opioid crisis, the 6th Circuit slaps down the DEA in an asset forfeiture case, and more.

The next DEA head? New Jersey State Police Superintendent Joseph Fuentes (Wikimedia)
Medical Marijuana

Florida Will Miss Deadline for Issuing Grower Licenses. Florida officials were supposed to distribute ten medical marijuana cultivation licenses Tuesday, but that's not going to happen. Officials said last Friday said the delay would be brief and pointed fingers at Hurricane Irma and a recently-filed lawsuit from a black farmer challenging the state's effort to achieve racial diversity among growers. That farmer charged that the state's guidelines were too restrictive.

Heroin and Prescription Opioids

Global Commission on Drug Policy Releases Position Paper on North America Opioid Crisis. The Global Commission on Drug Policy Monday released a position paper on The Opioid Crisis in North America. The members of the Global Commission, several of whom faced similar crises while occupying the highest levels of government, share their views and recommendations on how to mitigate this epidemic. The Commission warns against cutting the supply of prescription opioids without first having supporting measures in place, and emphasizes the need to improve and expand proven harm reduction services and treatment options, including opioid substitution therapy and heroin-assisted treatment. Regulation of prescription opioids needs to become well-balanced to provide effective pain care while minimizing misuse. The Global Commission also calls for the de facto decriminalization of drug use and possession for personal use at the municipal, city or State/Province levels, so that people in need of health and social services can access them freely, easily, and without fear of punishment. Finally, the Global Commission suggests allowing pilot projects for the responsible legal regulation of currently illicit drugs including opioids, to bypass criminal organizations that drive and benefit from the black market.

Asset Forfeiture

6th Circuit Slaps Down DEA Cleveland Airport Cash Seizure. Even when it looks like they have the perfect case, the DEA and the courts can't cut corners in their efforts to seize suspected drug money, the court held in a case decided late last month. Agents had seized $41,000 in cash from two men with previous drug convictions who had purchased tickets to -- gasp! -- California, and their drug dog told them the money was tainted. The men appealed the seizure, saying the cash was legally obtained, but the DEA moved to strike their claim, saying they had provided no proof, and a lower court agreed. But the DEA and the lower court erred, the appeals court ruled, by shifting the burden of proof to the claimants at that early stage of the proceedings: "Finally, we note our concern that the government's approach would turn the burden of proof in forfeiture actions on its head. Under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), the government bears the burden of proving by a preponderance of evidence that the subject of a civil forfeiture action is, in fact, forfeitable," the opinion concluded. "Requiring a forfeiture claimant to explain the nature of his ownership at the pleading stage would be asking the claimant to satisfy the government's burden of proof, or at least go a long way toward doing so."

Drug Policy

Trump Could Name Racial Profiling Apologist to Head DEA. The Washington Post has reported that President Trump will name New Jersey State Police Superintendent Joseph Fuentes to head the Drug Enforcement Administration (DEA). In 2000, Fuentes, then a state police trooper, wrote a paper defending "suspect profiling" as the state was embroiled in controversy over "driving while black" and police tactics like asking hotel clerk to report guests who were "suspicious" because they had dreadlocks or spoke Spanish. "Because of the disproportionate involvement of minorities in these... arrests, civil rights groups have branded the whole process of highway drug enforcement as racist," he wrote. But when pressed during his nomination to head the state police, Fuentes disavowed that position and denied being an apologist for racial profiling.

Chronicle AM: Citing Trump, DEA Head Quits; Atlanta Moves Toward MJ Decrim, More... (9/27/17)

DEA Acting Administrator Chuck Rosenberg is outta here, Atlanta moves closer to pot decriminalization, San Francisco goes slow on legal pot sales, Florida's governor wants to restrict opioid prescriptions, and more.

Florida Gov. Rick Scott (R) wants to restrict opioid prescriptions. That could leave some patients in the lurch. (fl.gov)
Atlanta Decriminalization Ordinance Advances. The city council's Public Safety Committee approved a decriminalization bill Tuesday night. The measure now goes to the full city council. If passed, the measure would give Atlanta police the discretion of citing pot law violators under the ciy ordinance or charging them with the crime of marijuana possession under state law.

Los Angeles Marijuana Regulations Advance. A city council committee approved new rules to regulate the impending legal marijuana industry Monday. The measure now goes to the full city council. The rules spell out requirements for marijuana growers, manufacturers, and sellers, but don't yet address some of the thorniest issues, including licensing and public smoking laws.

San Francisco Looks to Delay Legal Marijuana Sales. City supervisors introduced an ordinance to regulate the impending legal marijuana industry Tuesday, but admitted they have no idea what regulation will look like or how it will operate. And the city won't issue permits for marijuana businesses until it gets it figured out. Among issues the supes will have to handle are ensuring they create a method for helping low-income residents, people of color, and former drug offenders get in on the action. A report on the equity program is due November 1. Earlier this month, supervisors enacted a 45-day moratorium on new dispensary permits, but that is likely to be extended into next year, beyond the hoped for January 1 starting date.

Heroin and Prescription Opioids

Florida Governor Calls for Restrictions on Opioid Prescribing. Gov. Rick Scott (R) on Tuesday rolled out a serious of proposals to deal with the opioid crisis, including a three-day limit on opioid prescriptions, requiring all doctors prescribing opioids to enroll in the Florida Prescription Drug Monitoring Program, and taking on unlicensed prescribers with new regulations. The governor's press release suggests the limitation on prescription opioids is a general one, not limited to new prescriptions or prescription for acute pain. If enacted, such a measure would cause huge disruptions for Floridians accustomed to receiving larger supplies for the treatment of chronic pain and other ailments.

Drug Policy

DEA Head Quits, Says Trump Has Little Respect for the Law. Acting DEA Administrator Chuck Rosenberg will resign at the end of this week, law enforcement officials said. The unnamed sources said Rosenberg had become convinced that his boss, President Trump, had little respect for the rule of law. Trump's July Long Island speech where he urged police to "please don't be too nice" to suspects drew a rebuke from Rosenberg, and Rosenberg, who had been a chief of staff to Trump-fired former FBI Director James Comey, had reportedly grown "disillusioned" with the president.

International

Gunmen Kill 14 at Mexico Drug Rehab Center. Masked gunmen broke into the Familias Unidas drug rehab center in Chihuahua City Tuesday and shot 22 people, leaving 14 dead. The state is embroiled in violent conflict between the Juarez and Sinaloa cartels, and cartel hit-men are the leading suspects. Cartels have on some occasions used such centers as barracks for their soldiers, and they have been attacked by rival cartels before, most notably in Ciudad Juarez in 2009 and Torreon in 2011.

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%.

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.

Chronicle AM: White House Seeks MA MedMJ Data, Ecstasy for PTSD Advances, More... (8/28/17)

The White House is sniffing around Massachusetts medical marijuana patient data, the FDA has granted breakthrough drug status for MDMA as a treatment of PTSD, the DEA warns of a looming tide of cocaine, the State Department's top anti-drug official calls it quits, and more.

Cocaine supplies and seizures are at record levels, the DEA says. (US CBP)
Medical Marijuana

White House Seeks Massachusetts Data On Medical Marijuana Users. The National Marijuana Initiative, part of the Trump administration's anti-drug task force, has asked the state Department of Public Health to provide data on the health conditions cited by medical marijuana users. The department has already provided data on patient by age and gender, but said it was considering whether to hand over additional data.

Tennessee Lawmakers to Study Whether to Legalize Medical Marijuana. Lt. Gov. Randy McNally (R) and House Speaker Beth Harwell (R-Nashville) announced in a letter last Friday that they are forming an ad hoc committee to study whether the state should legalize medical marijuana. The lawmakers said they would undertake a comprehensive review of the matter. The committee will consist of 10 legislators.

Ecstasy

FDA Grants Breakthrough Therapy Designation for MDMA-Assisted Psychotherapy for PTSD. The Multidisciplinary Association for Psychedelic Studies (MAPS) announced last Friday that Food and Drug Administration (FDA) has granted Breakthrough Therapy Designation to MDMA for the treatment of posttraumatic stress disorder (PTSD). MAPS and the FDA have also reached agreement under the Special Protocol Assessment Process (SPA) for the design of two upcoming Phase 3 of MDMA-assisted psychotherapy for patients with severe PTSD. MDMA-assisted psychotherapy is a novel treatment package that combines psychotherapeutic techniques with three administrations of MDMA as a pharmacological adjunct. By granting Breakthrough Therapy Designation, the FDA has agreed that this treatment may have a meaningful advantage and greater compliance over available medications for PTSD.

Drug Policy

State Department's Top Anti-Drug Diplomat Joins Exodus, Resigns. William Brownfield, the US Assistant Secretary of State for International Narcotics and Law Enforcement Affairs ("drugs and thugs"), has announced he is quitting at the end of September. Foreign Policy had reported that Secretary of State Rex Tillerson was considering Brownfield for a position as top envoy to Latin America, but instead Brownfield is leaving. His departure is only the latest of top officials from Foggy Bottom, including Brownfield's wife, Kristie Kenney, one of the department's senior foreign service officers, a few months back. Also resigning Friday, was Tracey Ann Jacobsen, the acting director of the Bureau of International Organization Affairs. Earlier in the week, Foreign Policy reported that the department's top official for European affairs, John Heffern, was forced out of his job, adding to "concerns of a growing wave of resignations by foreign policy professionals who are either being pushed out or resigning over frustration with an administration that has downgraded the importance of Washington's diplomatic corps."

Search and Seizure

Indiana Appeals Court Rules Genital Search for Blunt too Intrusive. The state Court of Appeals ruled last week that a police officer's search that included touching a woman's genitals was unconstitutional. Taccasia Porter had been convicted of marijuana possession, but appealed her conviction, arguing that the marijuana found in her underwear shouldn't have been admitted as evidence because it was the fruit of an unlawful search. The appeals court agreed, saying that while an initial search was lawful, the hands-down-the-pants search was not. "While the initial pat-down search was permissible, we find that the subsequent search ran afoul of both the federal and state constitutions," wrote appellate Judge John G. Baker. "All of this took place in a public area on the side of a road, with no evidence that any precautions were taken to protect Porter's privacy from pedestrian or vehicular passers-by or the two men on the scene," the opinion said. No word yet on whether prosecutors will appeal.

International

DEA Report Says Colombia Cocaine Expansion Fueling Rise in Use and Supply in the US. An August DEA Intelligence Brief notes that US cocaine supplies are at the highest levels since at least 2007 and the usage has jumped to the highest levels since 2009. The report also says that cocaine production and US border seizures "have reached the highest levels ever observed. The DEA argued that cocaine supply and us in the US will continue to rise barring a change in US drug habits, cartel behavior, or "a significant shift in the Government of Colombia's policies."

Trudeau Government Not Decriminalizing More Drugs Than Marijuana. Responding to calls from public health and political figures in British Columbia to decriminalize drugs in a bid to combat the opioid overdose epidemic, federal Health Minister Jane Philpott says no way. "Our government is currently working on the legalization, strict regulation, and restriction of access to cannabis, in order to keep it out of the hands of youth, and profits out of the hands of criminals," she said in a statement last week. "We are not looking to decriminalize or legalize other illicit substances at this time."

Mass March for Philippine Teen Drug War Victim.More than a thousand people joined the funeral procession last Saturday for Kian Delos Santos, 17, who was gunned down by Philippines police days earlier as part of their bloody anti-drug campaign. His killing has galvanized opposition to the year-long campaign undertaken by President Rodrigo Duterte upon his inauguration last year, which has resulted in thousands of deaths and increasing attention to charges that police are systematically executing suspected drug users and dealers.

Sessions/Trump Pull Off an Amazing Feat -- Making the DEA Look Reasonable [FEATURE]

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

The Drug Enforcement Administration (DEA) has never been known as a forward-thinking place when it comes to drug and crime policy, but these days, the hide-bound drug fighting agency is coming off as much more reasonable on drugs than its bosses, President Trump and Attorney General Sessions.

DEA doing its thing. (Creative Commons/Wikimedia)
And as is the case with everyone from Republican elected officials to top corporate executives, the Trump administration's bad case of crazy is forcing even the DEA to distance itself from some of Trump's more ill-thought and insidious mouthings.

No, the DEA hasn't gone soft. It's still out there doing its best to enforce federal drug prohibition, and just last year it was old school enough to refuse to move pot out of Schedule I. But several recent incidents show a DEA behaving in a more responsible manner than the president or his attorney general:

1. The DEA has been accepting applications from scientists to grow marijuana for research purposes, only to be blocked by the Sessions Justice Department.

For years, researchers have complained that a government monopoly on marijuana grown for research purposes has both stifled useful research and illustrated the DEA's role in hindering science. Late in the Obama administration, though, the agency relented, saying it would take proposals from researchers to grow their own crops.

But The Washington Post reported last week that DEA had received 25 research proposals since it began accepting applications a year ago, but needed DOJ's approval to move forward. That approval has not been forthcoming, much like DOJ when queried about it by the Post. DOJ may not have had anything to say, but some insiders did.

"They're sitting on it. They just will not act on these things," said one unnamed source described by the Post as a "law enforcement official familiar with the matter."

Another source described as a "senior DEA official" said that as a result, "the Justice Department has effectively shut down this program to increase research registrations."

2. The DEA head feels compelled to repudiate Trump's remarks about roughing up suspects.

The Wall Street Journal obtained an email from acting DEA Administrator Chuck Rosenberg to staff members written after President Trump told police officers in Long Island month that they needn't be too gentle with suspects. Rosenberg rejected the president's remarks.

Saying he was writing "because we have an obligation to speak out when something is wrong," Rosenberg said bluntly that Trump had "condoned police misconduct."

Instead of heeding the president, Rosenberg said, DEA agents must "always act honorably" by maintaining "the very highest standards" in the treatment of suspects.

It is a strange state of affairs when an agency many people consider to be the very embodiment of heavy-handed policing has to tell its employees to ignore the president of the United States because he's being too thuggish.

3. The DEA has to fend off the Trump/Sessions obsession with MS-13.

Trump loves to fulminate against MS-13, the vicious gang whose roots lie in the Salvadoran diaspora during the US-backed civil war of the 1980s, and to use them to conflate the issues of immigration, crime, and drugs. His loyal attorney general has declared war on them. Both insist that breaking MS-13 will be a victory in the war on drugs and are pressuring the DEA to specifically target them.

But, the Post reported, Rosenberg and other DEA officials have told DOJ that the gang "is not one of the biggest players when it comes to distributing and selling narcotics."

In the DEA view, Mexican cartels are the big problem and MS-13 is simply one of many gangs the cartels use to peddle their wares. DEA administrators have told their underlings to focus on whatever is the biggest threat in their area -- not MS-13 -- because "in many parts of the country, MS-13 simply does not pose a major criminal or drug-dealing threat compared with other groups," according to unnamed DEA officials.

"The officials spoke on the condition of anonymity because they could face professional consequences for candidly describing the internal disputes," the Post noted.

The president and the attorney general are seeking to distort what the DEA sees as its key drug enforcement priorities so Trump can score some cheap demagogic political points, and the DEA is unhappy enough to leak to the press. We are indeed in a strange place.

Chronicle AM: Groups Oppose New Fed Bill, Still no DEA Research Grow Licenses, More... (7/5/17)

Drug reformers and others are trying to stop a bill that would give Attorney General Sessions new powers to criminalize new drugs and craft new penalties, after a year the DEA still hasn't issued any new marijuana research grow licenses, and more.

Civil rights, human rights, criminal justice, and drug policy reform groups are mobilizing to stop a new drug war bill.
Marijuana Policy

DEA Still Hasn't Issued Any New Marijuana Grower Licenses. Almost a year after the DEA announced it would allow more organizations to produce marijuana for research purposes, it has yet to do so. Although DEA has received 25 applications for research grows, it says it is still processing them and has no estimate for when any applications may be granted. There is increasing demand for research marijuana, as well as for more potent, more diverse, and higher quality marijuana than is being produced by the University of Mississippi under a NIDA monopoly it has enjoyed since 1968.

Massachusetts Lawmakers Get Back to Work on Crafting Legalization Implementation. The legislature missed a self-imposed Friday deadline for reaching agreement on competing legalization implementation bills in the House and Senate and the marijuana conference committee was set to meet today to try to seek agreement. Two big issues of dispute are tax rates and whether localities can ban pot businesses without a popular vote.

Industrial Hemp

West Virginia Joins the Ranks of Legal Hemp States. As of Tuesday, state residents can apply to the agriculture commissioner for a license to grow hemp for commercial purposes. Some growers grew hemp crops last year, but those were licensed research grows. Now, those growers can be licensed as commercial growers, too.

Drug Policy

Dozens of Reform Groups Send Letter to Congress Opposing New Drug War Bill. More than 60 civil rights, human rights, faith, criminal justice, and drug policy reform organization have sent a letter to the House Judiciary Committee opposing House Resolution 2851, the Stop the Importation and Trafficking of Synthetic Analogues Act of 2017. The measure is part of Attorney General Sessions' effort to reenergize the war on drugs and would give him sweeping new powers to schedule new drugs and set corresponding penalties, including new mandatory minimums. Similar legislation by Sens. Grassley and Feinstein has been filed in the Senate.

Chronicle AM: Mexico Legalizes MedMJ, China Bans More Synthetic Opioids, More... (6/20/17)

New Jersey pols look to legalize pot next year, Vermont pols look to legalize it this week, China bans more synthetic opioids, Mexico officially embraces medical marijuana, and more.

Medical marijuana is now officially legal in Mexico, but rules and regulations will take some time.
Marijuana Policy

New Jersey Legalization Bill Gets Hearing. The Senate Judiciary Committee held a hearing on a legalization measure, Senate Bill 3195, on Monday. The testimony was largely favorable, including from a former state Republican Committee head, the head of a doctors' organization favoring legalization, and from a long-time municipal prosecutor. "I believe by legalizing and regulating it and discouraging, officially as official government policy, like we do with tobacco and alcohol, we will be far better off than the status quo," prosecutor J.H. Barr told the committee. No vote was taken. The bill is strongly opposed by Gov. Chris Christie (R), but he'll be gone in January.

Vermont Legislators Will Try to Get Weed Legalized in Special Session This Week. Gov. Phil Scott (R) vetoed the legalization bill in May, saying he had public safety concerns. Supporters of legalization have come back with a bill that now has stiffer penalties for drugged driving, smoking pot in cars with kids, providing pot to kids, and selling pot in school zones -- all in a bid to win the governor's support. The bill does not include "impairment testing mechanism" requested by Scott, largely because there are no marijuana breathalyzers on the market. Scott has declined to comment on the revised bill. The special session begins Wednesday.

Harm Reduction

Boston Ponders Supervised Injection Sites. With six people a day dying of opioid overdoses in the city so far this year, the city council has set a hearing next Monday to explore the potential impact of supervised injection sites. The move comes after the Massachusetts Medical Society urged state officials to open at least two of the facilities.

International

China Bans Synthetic Opioids Linked to US Overdose Deaths. China announced on Monday that it is banning the ultra-potent synthetic opioid U-47700 and three others. The DEA says China is the chief source of synthetic opioids, including fentanyl and carfentanil, which China has already banned. U-47700, MT-45, PMMA, and 4,4-DMAR will be added to the country's list of controlled substances as of July 1, said Deng Ming, deputy director of the National Narcotics Control Commission.

Mexico Legalizes Medical Marijuana. President Enrique Pena Nieto issued a decree on Monday officially legalizing medical marijuana in the country. Legislation authorizing medical marijuana sailed through the Senate in December and passed the lower house on a 347-7 vote in April. Now, the Ministry of Health will be tasked with drafting and implementing rules and regulations.

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