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Chronicle AM: MO MMJ Inits Hand in Beaucoup Signatures, OH Racial Profiling Drug Dogs, More... (5/7/18)

Two separate Missouri medical marijuana initiatives appear set to qualify for the November ballot, the Utah medical marijuana initiative is generating organized opposition -- including the DEA -- Canada's prime minister says it's full steam ahead for marijuana legalization, and more.

Black drivers in Ohio are more likely to get drug dogs sicced on them than white ones, official data shows. (Wikimedia)
Medical Marijuana

Missouri Initiative Campaigns Hand in Many Signatures. New Approach Missouri and Find the Cure, the folks behind a pair of medical marijuana initiatives (they differ only on how regulations would work and where tax dollars would go), announced last Friday that they had handed in roughly double the number of signatures they need to come up with 160,000 valid voter signatures. Find the Cure said it had handed in more than 300,000 signatures, while New Approach Missouri said it had handed in more than 370,000. Although initiative petitions occasionally see half of their signatures get disqualified, it's far more typical for them to lose a third. If both initiatives make the ballot, the one with the most votes on election day wins.

Michigan Regulators Recommend Approving 10 New Qualifying Conditions. The state's Medical Marihuana Review Panel has recommended the approval of 10 new conditions that could qualify people to use medical marijuana. That's out of a list of 22 conditions people had asked the panel to review. The conditions include obsessive compulsive disorder, arthritis and rheumatoid arthritis, ulcerative colitis, inflammatory bowel diseases, Parkinson's, Tourettes, spinal cord injury, autism, and chronic pain. The recommendations now go to Shelly Edgerton, the director of the Department of Licensing and Regulatory Affairs, who has until July 10 to make a final decision.

Utah Medical Marijuana Initiative Gets Organized Opposition, Including the DEA. Organized opposition to the Utah Patients Coalition's medical marijuana initiative has emerged, and it includes a local DEA task force, raising questions about a federal agency interfering in a state-level ballot question. Drug Safe Utah is recruiting paid canvassers to try to get voters who signed initiative campaigns to retract their signatures. Its members include the Utah Medical Association and the DEA's Salt Lake City Metro Narcotics Task Force.

Heroin and Prescription Opioids

Three Democratic Senators Urge FDA to Pull High-Dose Opioids from Market. Sens. Joe Manchin (D-WV), Dick Durbin (D-IL), and Ed Markey (D-MA) are urging the Food and Drug Administration (FDA) to remove ultra-high dose opioids from the market because of concerns about "accidental ingestion, borrowed medication, and recreational use." The senators said patients who need high dose opioids could just take more pills, patches, or other formulations. "We believe these ultra-high dose opioids can be removed from the market without imposing hardship on those with legitimate pain needs," the senators wrote. But the Academy of Integrative Pain Management disagreed, saying the pulling the high dose opioids would "in some situations, create a greater danger because patients would be required to have several times more pills available to meet their needs. The burden of this would fall on the sickest patients, including those with cancer and/or receiving palliative/hospice/end-of-life care, whose quality of life would be diminished."

Racial Profiling

Ohio Highway Patrol More Likely to Use Drug Dogs on Black Drivers. The Associated Press has examined records on highway stops that show the state Highway Patrol uses drug-sniffing dogs on black drivers at a disproportionate rate. Blacks account for about 13% of the state population and 14% of drivers stopped by troopers, but 28% of stops where drug dogs were used. The AP made the records request after a federal appeals court criticized the arrest of a black driver on the Ohio Turnpike in 2014 and threw out the evidence used to convict him.

International

Canadian PM Says Marijuana Legalization Plan Will Proceed Without Delay. Prime Minister Justin Trudeau said last Thursday that his plan to legalize marijuana this summer will proceed without delay, despite misgivings being voiced in the Senate. "We're going to continue to move forward. We're going to bring in legalization as we've committed to this summer on schedule," Trudeau said.

Nigeria Bans Codeine. Responding to the rising recreational use of codeine-based cough syrups, the Nigerian federal government last week banned further imports of codeine into the country. The move comes as the country attempts to rewrite its drug and mental health policies.

NYC Mayor de Blasio Endorses Safe Injection Site Plan

Just a day after close to a hundred community activists, reform advocates, and local elected officials took to the streets outside New York City's City Hall Wednesday to demand that Mayor Bill de Blasio (D) move on a long-delayed feasibility study on safe injection sites, the mayor has moved -- and further than they expected.

New York City Mayor Bill de Blasio comes out for safe injection sites. (Flickr)
On Thursday evening, the mayor's office announced de Blasio's support for a plan to open four of the sites, which the office refers to as Overdose Prevention Centers, a year from now, after a period of consultation with stakeholders.

"After a rigorous review of similar efforts across the world, and after careful consideration of public health and safety expert views, we believe overdose prevention centers will save lives and get more New Yorkers into the treatment they need to beat this deadly addiction," de Blasio said in a statement.

Safe injection sites (SISs) -- or safe injection facilities or supervised injection facilities or supervised consumption sites or overdose prevention centers -- allow drug users to inject (or sometimes inhale) their own drugs under medical supervision. They typically also have a social services component that aims to assist drug users in finding drug treatment and other services.

Operating in around 90 cities in Europe, Australia, and Canada, they are a proven harm reduction intervention. Numerous peer-reviewed scientific studies have shown they reduce public disorder; increase access to treatment, reduce the risk of HIV, Hep C, and bacterial infections; reduce drug overdose deaths; and reduce medical costs thanks to a reduction in disease and overdose, while at the same time increasing access to cost-saving preventive healthcare. What SISs don't do, the studies have found, is increase crime, injection drug use, or the initiation of new drug users.

Yet no such sites operate in the United States. Pushes are underway in several cities, including Philadelphia, San Francisco, and Seattle, but all have faced challenges ranging from moralism and NIMBYism to the fact that they would appear to violate federal law. Just this week, DEA spokesman Melvin Patterson said they violate the Controlled Substances Act and are "subject to being prosecuted." Given the proclivities of the Trump administration, that is probably not a threat to be taken lightly.

Still, the cities are willing to push on the issue, the American Medical Association has endorsed the notion, and legislatures in a number of states are pondering bills to allow them. And now, with the country's largest city coming on board, momentum for the sites is only growing stronger.

In New York City, where the SIF NYC Campaign, a coalition of dozens of community, drug reform, public health, medical, and religious groups has been pressuring the administration to act for months, the mayor's announcement was greeted with relief.

"Mayor de Blasio's embrace of safer consumption spaces is a critical step forward in preventing overdose deaths in New York City. We know that safer consumption spaces are an evidence-based solution that can help dramatically in saving lives, reducing criminalization, and improving public health," said Kassandra Frederique, New York state director at the Drug Policy Alliance. "New York can and must be a leader now in saving lives by opening safer consumption spaces swiftly."

That will take some political acumen in dealing with city district attorneys and the state Health Department, which answers to Gov. Andrew Cuomo, with whom de Blasio's relations are strained at best. It will also take some political fortitude in taking on the Sessions Justice Department and the DEA.

De Blasio's announcement marks the successful culmination of the campaign to bring the city on board with safe injection sites as a harm reduction and overdose prevention measure, but it's just the beginning of the fight to actually get them up and running.

Chronicle AM: DOJ to Clamp Down on Pain Pills, Sanders Files Opioid Bill, More... (4/18/18)

Maine lawmakers pass another legal marijuana implementation bill, this time with veto-proof majorities; the Justice Department eyes a crackdown on pain pill production, Bernie Sanders takes aim at opioid makers and distributors, and more.

The Justice Department wants to crack down on pail pill production. And Congress is eyeing action, too. (Wikimedia)
Marijuana Policy

Maine Legislature Passes Legal Marijuana Implementation Bill, Governor Vows Veto. The state Senate on Tuesday approved the bill that would finally allow retail marijuana sales. The bill passed the House earlier and now goes to the desk of Gov. Paul LePage, who has threatened to veto it because it doesn't combine the state's adult use marijuana and medical marijuana regimes. LePage vetoed a similar bill last year. But this time around, the bill passed with enough support to overcome a veto. LePage has 10 days to sign, veto, or let the bill become law without his signature.

Medical Marijuana

Bipartisan Bill to Let VA Study Medical Marijuana Filed. A group of House Democrats and Republicans have filed HR 5520, the VA Medicinal Cannabis Research Act. The bill would clarify that the Veterans Administration has the authority to study medical marijuana and encourages the agency to do so. The bill would require the VA to report regularly to Congress about its progress on medical marijuana research. The bill is being championed by leaders in the House Veterans Affairs Committee and has 34 cosponsors.

Massachusetts High Court Urges Lawmakers to Clarify Law on Home Cultivation. In an opinion in a case of a medical marijuana patient arrested for growing 22 pot plants, the state's Supreme Judicial Court has urged lawmakers to revisit the law around home grows by patients. The law allows patients to grow enough marijuana to create a 60-day supply, defined in the state as 10 ounces. But the justices found the current law problematic and suggested a plant-based limit would be clearer. "Statutory and regulatory clarification would be most beneficial," wrote Justice Scott Kafker in the opinion in the case, Commonwealth vs. Richardson.

Hemp

Oklahoma Hemp Bill Heads to Governor's Desk. The Senate on Tuesday approved House Bill 2913, which would legalize industrial hemp production. The measure has already passed the House, so it now goes to the desk of Gov. Mary Fallin (R).

Heroin and Prescription Opioids

Justice Department Proposes New Regulations to Limit Prescription Opioid Production. Attorney General Jeff Sessions on Tuesday proposed new regulations for how the DEA sets opioid production quotas that could severely limit the amount of pain pills produced. "Under this proposed new rule, if DEA believes that a company's opioids are being diverted for misuse, then they will reduce the amount of opioids that company can make," Sessions said in prepared remarks. The proposed change must still go through the federal rule-making process before going into effect. It will be published in the Federal Register and opened to public comment in coming days.

Bernie Sanders Files Bill to Rein in Big Pharma on Opioids. Sen. Bernie Sanders (I-VT) on Tuesday filed Senate Bill 2961, which would ban drug companies from marketing opioids as non-addictive and fines them 25% of their profits if they violate the rule. The bill also seeks to stop pharmaceutical companies from distributing amounts of opioids "not medically reasonable," in a bid to stop distributors from flooding small towns with pills. "We know that pharmaceutical companies lied about the addictive impacts of opioids they manufactured," Sanders said in a statement. "They knew how dangerous these products were but refused to tell doctors and patients," he said. "Yet, while some of these companies have made billions each year in profits, not one of them has been held fully accountable for its role in an epidemic that is killing tens of thousands of Americans every year."

Harm Reduction

Maine Bill to End Age Restrictions on Naloxone Heads to Governor's Desk. Both houses of the legislature have approved Legislative Document 1892, which ends age restrictions on the opioid overdose reversal drug naloxone. Gov. Paul LePage (R) wants to limit naloxone access without a prescription to people 21 and over and has vetoed other naloxone access bills, but this bill has passed with a veto-proof majority. LePage has 10 days to act.

International

The Bangladeshi Department of Narcotics Control has proposed new drug legislation for the country which includes the use of the death penalty for people caught selling more than 200 grams of methamphetamine. Under current law, the maximum punishment is 15 years in prison. Bangladeshi law already allows the death penalty for some other drug offenses, including heroin trafficking, but its use is actually very rare in the country. The last execution for a drug offense was in 2009.

Chronicle AM:Mitch McConnell Files Hemp Bill, Mexico Minister Says Legalize It, More... (4/13/18)

A pair of senators demand that Jeff Sessions quit blocking marijuana research, Mitch McConnell files a federal hemp bill, Mexico's tourism minister says his country should allow states to legalize weed, and more.

Senate Majority Leader Mitch McConnell files a bill to allow for domestic hemp cultivation. (Flickr/Gage Skidmore)
Medical Marijuana

Bipartisan Pair of Senators Call on Sessions to Stop Blocking Marijuana Research. Sens. Kamala Harris (D-CA) and Orrin Hatch (R-UT) sent a letter Thursday to Attorney General Jeff Sessions to demand that he stop blocking efforts to ramp up research on marijuana's medical benefits. "The benefits of research are unquestionable," Sens. Orrin Hatch (R-UT) and Kamala Harris (D-CA) wrote, taking Sessions to task for blocking applications for new research grows. "Nineteen months have elapsed since the DEA announced its request for expanded marijuana research," they noted, demanding that Sessions respond by May 15 about the status of the research application reviews.

Louisiana House Approves Expansion of Medical Marijuana Program. The House on Thursday approved House Bill 579, which expands the list of qualifying conditions to include Parkinson's Disease, chronic pain, severe muscle spasms, and PTSD. That means the number of qualifying conditions would rise from 10 to 14. The bill now goes to the Senate.

Hemp

Mitch McConnell Files Federal Hemp Bill. Senate Majority Leader Mitch McConnell (R-KY) has filed Senate Bill 2667, which aims to allow for domestic hemp production by removing non-psychoactive marijuana varieties known as hemp from the Controlled Substance Act. Cosponsoring the bill are Sens. Ron Wyden (D-OR) and Jeff Merkley (D-OR). Companion legislation in the House was filed by McConnell's home state homeboy Rep. Jim Comer (R-KY).

Heroin and Prescription Opioids

Making Opioids Tougher to Abuse Led to Spike in Heroin Deaths, Study Finds. A new working paper from the National Bureau of Economic Research finds that a 2010 effort to deter opioid abuse led to a jump in heroin overdoses. The paper studied what happened after OxyContin was reformulated to be more abuse-resistant and found that "each prevented opioid death was replaced with a heroin death."

Law Enforcement

DEA Gouged Taxpayers, Benefited Ex-Employees, Audit Finds. A report from the Justice Department's Office of the Inspector General has found that the DEA's Asset Forfeiture Program farmed out contracts to recently retired former employees, paying them more than half a million dollars more than they would have been paid if they had remained at the agency. The former employees worked for a private contractor called Maximus Inc., which was paid $85 million between 2013 and 2017 to handle asset forfeiture cases. Many of the ex-employees went to the same offices they had worked at as DEA employees, and former DEA employees accounted for 40% of Maximus's asset forfeiture workforce.

International

Mexico Tourism Minister Says Country Should Let States Begin to Legalize Weed. Tourism Minister Enrique de la Madrid said Wednesday that Mexico should allow states to begin legalizing marijuana, in part to address record cartel violence. "I think in Mexico we should move towards regulating it at state level," he said, calling it "illogical" to divert funds from fighting kidnapping, rape and murder to arrest people using marijuana.

Chronicle AM: DEA Deploys Against Opioids, NY Gov's Criminal Justice Plan, More... (3/29/18)

Mucho medical marijuana, a Connecticut legalization bill gets a hearing, the DEA is deploying 250 agents to fight opioids, Louisiana could get a full-fledged needle exchange program, and more.

The DEA is ready to fight some more drug war.
Marijuana Policy

Third Connecticut Legalization Bill Gets Hearing. A marijuana legalization bill that also includes funding for drug treatment and prevention got a hearing in the House Appropriations Committee Wednesday. House Bill 5394 calls for drafting a plan to legalize and regulate weed by October 1, as well as requiring a treatment and prevention plan by the same date.  The bill did not get a vote. Two other legalization bills before the legislature do not contain the treatment and prevention funding provisions.

Medical Marijuana

Arkansas Judge Puts Hold on State Medical Marijuana Program. A state judge last week put the state's program on hold because of objections to the licensing process, but was apologetic for imposing the delay. "Amendment 98 to the Constitution of Arkansas, an initiative by the people, exists because Arkansans want to provide medical marijuana to persons who suffer from chronic, debilitating, and life-threatening health challenges," Pulaski County Circuit Judge Wendell Griffen wrote in his order last week. "The prospect that Arkansans must now endure more delay before gaining much needed access to locally grown medical marijuana should be unpleasant to anyone concerned about providing relief to people who suffer from serious illnesses."

Kansas House Votes Down Medical Marijuana. As they debated changes to the state's drug laws, lawmakers in the House voted down an amendment that would have allowed the use of medical marijuana. The amendment was offered by Rep. Cindy Holscher (D-Lenexa), who said her own daughter, who suffers from juvenile rheumatoid arthritis, could benefit from access to the medicine. "Please don’t make us lawbreakers," Holscher said. "Give us an option for something that has been proven to work." But the underlying bill contains a provision that allows for the limited use of CBD cannabis oil.

Louisiana House Committee Approves Medical Marijuana for Autism. The House Health and Welfare Committee on Wednesday approved a bill that would add certain types of autism to the list of qualifying conditions for medical marijuana. The move comes as dispensaries are set to open in the state just four months from now. The measure, House Bill 627, now goes to the full House.

New Hampshire Senate Approves Bill to Add More Dispensaries. The state Senate last week approved a bill that would allow for two additional dispensaries in the state.  The state currently has four medical marijuana outlets. The bill now goes to the House.

South Carolina Senate Committee Advances Medical Marijuana Bill. The Senate Medical Affairs Committee approved a medical marijuana bill on Thursday. The measure, Senate Bill 212, now heads for a Senate floor vote.  But advocates worry the bill will die for lack of action in the House. The House has declined to hear its own medical marijuana bill so far this year, and the deadline for doing so is April 10.

Tennessee Medical Marijuana Bill Wins Second House Committee Vote. The House Criminal Justice Committee on Wednesday approved House Bill 1749, which would allow for the use of medical marijuana for a dozen qualifying conditions.  The bill now heads for a House floor vote.

Utah Poll Shows Enduring Strong Support for Medical Marijuana. More than three-quarters (77%) of Utahns "strongly" or "somewhat" favor legalizing medical marijuana, according to a new poll from Dan Jones & Associates. The poll is in line with other recent state polls show high levels of support, undaunted by the legislature's passage of a bill that allows for a "right to try" medical marijuana for terminally ill patients. An initiative that would create a full-blown medical marijuana system in the state will likely be on the ballot in November.

Heroin and Prescription Opioids

Federal Spending Plan Has Nearly $5 Billion to Deal With Opioid Crisis. The omnibus spending bill signed into law by President Trump last week contains some $4.6 billion. The biggest chunk of the money will go to states and tribes, especially those with the highest overdose mortality rates. Some 63,000 Americans died of drug overdoses last year. The funding is less than the $7 billion for fighting AIDS, which killed 42,000 Americans last year.  

DEA Deploying 250 Additional Agents to Fight Opioid Crisis. The DEA announced Tuesday that it is deploying 250 additional task force officers and dozens of analysts across the country in a bid to crack down on opioids. The additional agents and analysts will go to areas hardest hit by the epidemic.

Oregon Governor Signs Opioid Bills into Law. Gov. Kate Brown (D) on Tuesday signed into law two bills and an order setting deadlines for a drug policy commission that has been plagued with staffing and other issues. The order declares addiction a public health crisis in the state. Two bills, House Bill 4137 and House Bill 4143, cover similar ground and require studying barriers to addiction treatment.

Criminal Justice

New York Governor Launches Campaign to Overhaul Criminal Justice System. Gov. Andrew Cuomo (D) on Monday launched a "Campaign to Restore Fairness in New York’s Criminal Justice System." The governor's package would eliminate cash bail for misdemeanor and non-violent felony offenses, ensure access to speedy trials, improve the disclosure of evidence, reform asset forfeiture, and improve reentry programs for people leaving prison.

Harm Reduction

Louisiana House Approves Needle Exchange Bill. A bill that would expand needle exchange programs by allowing them without seeking approval from local governments was approved by the House Committee on Administration of Criminal Justice on Wednesday. House Bill 661 also expands the types of materials and programs a needle exchange can offer, including access to naloxone. The bill now heads for a House floor debate and vote next week.

International

Colombia Coca Growers Threaten to Suspend Cooperation With Peace Process. The federation that represents coca growers, COCCAM, said in a statement on Tuesday it is consulting its members "to define whether to suspend our participation" with the government program that seeks to substitute legal crops for coca.  The federation cited continuing violence, noting that more than 200 coca farmers have been killed since the beginning of the peace process in December 2016. The growers are also unhappy with the government's response to their complaints with Justice Minister Enrique Gil for proposing a law shielding coca growers from criminal prosecution, but which excludes families that have already signed up for the program. The bill also more than halved the amount of land to be considered a small grower, changes the federation called a "flagrant betrayal of the peasants, Afro-descendants and indigenous people who put their trust in the peace process by joining the program."

Georgia Drug Decriminalization Bill on Hold After Controversial Rewrite. A bill that would decriminalize drug use and possession has been held up after an interagency commission expressed support for a new draft drug policy law that activists say no longer talks about decriminalization.  The new draft also fails to differentiate quantities of drugs for personal use from those for distribution except in eight cases, meaning people caught with any amount of other drugs face years in prison. "Nobody mentioned decriminalisation at today’s hearing, which is alarming," Guram Imnadze, a lawyer from local rights group the Human Rights Education and Monitoring Centre (EMC) said after it was over. The current draft doesn't address the key problem with the country's drug policy, which, he said, was that "people spend years in prison for drugs they intended for personal use."

Chronicle AM: Joint-Smoking IL US House Candidate, DEA Link to Mexico Murders, More... (2/28/18)

An Illinois Democratic congressional candidate goes bold on weed, New Jersey legalization efforts face an uphill battle in the Senate, congressional Democrats call for investigations into DEA-linked drug war deaths in Mexico, and more.

Illinois Democratic congressional contender Benjamin Thomas Wolf lights up in new ad. (wolfforcongress.com)
Marijuana Policy

Illinois Democratic Congressional Candidate Smokes Joint in Ad. Former FBI national security official and current Logan Park restaurateur Benjamin Thomas Wolfe is running for the Democratic nomination for Illinois' 5th congressional district -- and he's putting marijuana legalization front and center. A photograph Wolf released Monday features him sitting in front of an American flag painting. Above him, smoke rises from the joint he presumably just puffed on. "As a cannabis user, I think it's important we get out front and talk about it," Wolf said. "We realize that cannabis can bring billions of dollars to the state, it's medicine for millions of people around the country, it changes criminal justice reform and personally I think it's a wonderful recreational substance as well."

New Hampshire Poll Finds Strong Support for Legalization -- Without Sales. A new Granite State poll has across the board support for a bill that would legalize the possession and cultivation of small amounts of marijuana, but not sale or taxation of it. The poll had support at 56% overall, with 61% of Democrats, 56% of independents, and 49% of Republicans behind it.

New Jersey Senate Survey Suggests Hard Road Ahead for Legalization. A survey of all 40 state Senate members by NJ Cannabis Insider finds there is some work to be done before the body is prepared to pass a legalization bill. The survey found only five senators said they would vote yes, 20 would vote no, and 15 were either undecided or did not reply. A legalization bill, Senate Bill 830, awaits a hearing in the Senate Judiciary Committee.

Medical Marijuana

Tennessee Medical Marijuana Bill Advances. The House Criminal Justice Subcommittee narrowly approved a medical marijuana bill Tuesday. The committee voted 4-3 in favor of House Bill 1749, with the key vote provided by House Speaker Beth Harwell.

Harm Reduction

New York Advocates Call on Mayor de Blasio to Release Study on Safe Injection Sites. Advocates led by the Drug Policy Alliance, Housing Works, and Camelot gathered at city hall Tuesday to demand that Mayor Bill de Blasio release a $100,000 study on the feasibility of safe injection sites. De Blasio said last month he would release the results "relatively soon." On Tuesday, the Health Department again said "soon." The city council authorized safe injection sites two years ago.

Law Enforcement

Congressional Democrats Want Investigation into Mexico Murders Linked to DEA Activities. Democratic leaders in the House and Senate have sent a letter to the Justice and State departments asking that their inspectors general investigate DEA-led operations in Mexico that triggered violent retaliation from drug cartels, leading to the death or disappearance of dozens or even hundreds of people. The Democrats cited a 2010 cartel attack in Monterrey and a 2011 massacre by Zetas in the state of Coahuila. In both cases, the killings were linked to DEA surveillance activities, and in both cases, the DEA downplayed its involvement and didn't help investigate the killings.

(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: 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.

Trump's Drug Budget Doubles Down on the War on Drugs

The Trump administration released its proposed Fiscal Year 2019 budget Monday, and it looks like a return to last century's failed law-and-order drug war policies. While paying lip service to the nation's opioid crisis, the administration shows its priorities by asking for more money for Trump's quixotic border wall than to actually address opioids.

In contrast with the Obama administration, which sought to tip the balance between law enforcement and treatment and prevention by tilting funding toward more counselors than cops, the Trump budget tilts back toward law enforcement.

The budget would also gut the Office of National Drug Control Policy (ONDCP, the drug czar's office), a move that is alarming mainstream critics of Trump's drug policies, but one that more radical critics of drug prohibition -- on both the left and the right -- have mixed views about.

But overall, the Trump budget is doubling down on the drug war. Here are some of its lowlights:

"Trump's budget proposes new funds for addressing the opioid overdose crisis, but far more money is being sought by the president to escalate the war on drugs," said Grant Smith, interim director of Drug Policy Alliance's Office of National Affairs. "We know from decades of locking people up for drugs that it doesn't work to curb drug use, but Trump's budget proposes wasting billions of dollars to do exactly that. That money would be much better spent on harm reduction and treatment interventions that actually prevent overdoses and save lives."

The Trump budget does include $900 million in increased funding for the Department of Health and Human Services to address the opioid epidemic, and it claims it would allocate a total of $13 billion to "combat the opioid epidemic," but that figure mixes treatment, prevention and war on drugs funding. And it's still less than what Trump wants to spend on his border wall.

The bright side is that the Trump FY 2019 budget is likely dead on arrival. It's a wish list, likely to be shredded and reconstructed during budget negotiations, and unlikely to look much like the proposal by the time things get done. Still, it demonstrates Trump's priorities with cold clarity.

Chronicle AM: Trump Drug Budget, NH Marijuana Bill Hearing, OR Opioid Emergency, More... (2/13/18)

The proposed FY 2019 Trump budget features more drug war and cutting the drug czar's office, a legal marijuana bill gets a hearing in New Hampshire, Oregon's governor declares a public health emergency over opioids, and more.

The president's proposed budget has billions for more drug war. (Creative Commons)
Marijuana Policy

Georgia Bills to Reduce Penalties Filed. A pair of bills filed in the legislature seek to reduce the criminalization of marijuana users. House Bill 865 would make possession of up to two ounces a misdemeanor. Under current law, possession of more than one ounce is a felony. Senate Bill 105 would decriminalize the possession of up to a half ounce. Legalization bills were filed earlier in the session, but they are not expected to go anywhere.

New Hampshire Legalization Bill Gets Hearing Today. The House Ways and Means Committee is holding a hearing on a limited legalization bill today. House Bill 656 would legalize the possession of up to a quarter ounce of weed and grow up to six plants, but would not set up a system of legal marijuana commerce.

Virginia Senate Approves Arrest Expungement Bill. The Senate voted 38-2 on Monday to approve Senate Bill 954, sponsored by Sen. Tommy Noment (R-James City). The bill would allow people charged with first-time possession to later pay $150 to have the charge expunged. The measure must now be approved by the House.

Medical Marijuana

Iowa Poll Has Overwhelming Support for Medical Marijuana. A new Selzer & Company poll has 78% in favor of medical marijuana, with 19% opposed, figures that are roughly unchanged over the past couple of years. What has changed is support for recreational marijuana, now at 39%, up from 28% four years ago.

New Mexico Lawmakers Eye Marijuana in Fight Against Opioids. Lawmakers and supporters gathered at the state capitol in Santa Fe Monday to urge state officials to add opioid addiction to the list of disorders qualifying for medical marijuana. And advisory panel has twice considered petitions seeking to add medical marijuana as a tool against opioid abuse, the most recent last November, but the state Health Department has yet to act.

Heroin and Prescription Opioids

Oregon Governor Declares Addiction a Public Health Crisis. Gov. Kathleen Brown (D) on Tuesday released an executive order declaring opioid addiction to be a public health crisis in the state. She said she would soon set a deadline for the state Alcohol and Drugs Policy Commission to come up with a plan to fight the problem.

Drug Policy

Trump Budget Doubles Down on Drug War. The Trump administration's proposed Fiscal Year 2019 budget is heavy on drug war spending, with an additional $400 million for the DEA, $334 million in the law enforcement-oriented Byrne Justice Assistance Grant program, $50 million for the once-discarded anti-drug media campaign, $43 million for drug courts, and a cut of $20 million in offender reentry programs. The budget includes $18 billion over two years for the Mexico border wall, which Trump justifies on both drugs and immigration grounds, which is more than the $13 billion the administration says it is allocating to fight opioid abuse.

Trump Budget Would Gut Drug Czar's Office. The Trump FY 2019 budget would also dramatically slash funding for the Office of National Drug Control Policy (ONDCP -- the drug czar's office), primarily by moving two grant programs elsewhere. Under the proposal, the Drug Free Communities Support Program and the High Intensity Drug Trafficking Areas program would be moved into the Health and Human Services Department and Justice Department, respectively. The move is opposed by some lawmakers and a coalition of more than 150 advocacy organizations, but more radical critics on both the left and the right would like to see the agency go away altogether.

Sentencing

New Jersey Governor Revives Sentencing Commission. Gov. Phil Murphy (D) is reviving the Criminal Sentencing and Disposition Commission, which was created by the legislature in 2009 to examine racial disparities in sentencing, but remained dormant under former Gov. Chris Christie (R). Christie never appointed any members to the commission. "We can and must do better," Murphy said in a statement. "A Criminal Sentencing and Disposition Commission can undertake the important review of our sentencing laws and recommend reforms necessary to ensure a stronger, fairer, and more just state." Murphy has already appointed two people to the commission's 13-member board, which must issue a report within a year of its first meeting.

Chronicle AM: DEA Emergency Ban on Fentanyl Analogs, Fox Legalization Poll, More... (2/7/18)

A Fox poll has support for legalization at an all-time high, Colorado's governor ponders freeing marijuana prisoners, the DEA emergency bans fentanyl analogues, New York's governor bans synthetic cannabinoids, and more.

Marijuana Policy

Fox News Poll Has Support for Marijuana Legalization at Record High. A new Fox News poll has the poll's highest numbers yet in support of freeing the weed. Some 59% said legalize it, up from 51% in 2015, 46% in 2013, and 26% in 2001. The Fox poll results are in line with other national polls, which are now typically showing support for legalization in the high 50s or low 60s.

Colorado Governor Ponders Freeing Marijuana Prisoners. Gov. John Hickenlooper (D) is considering releasing nearly 40 prison inmates serving time for nonviolent marijuana offenses. "Right now, we have not enough room left in our prisons. So if what these people are serving serious time for wasn't violent -- is no longer illegal -- maybe we should be looking at (whether) it safe to release them," he said in an interview with The Denver Post. "We are talking about going out and finding people who are still in prison, and saying, 'If you want to apply we think your application will have favor,'" Hickenlooper said.

Virginia Poll Has Strong Support for Decriminalization. A new poll from the Wason Center for Public Policy at Christopher Newport University has support for decriminalization at 76%, with even 60% of Republicans in favor. The poll comes a week after Republicans in the state Senate killed a decriminalization bill.

Heroin and Prescription Opioids

DEA Emergency Schedules All Illicit Fentanyl Analogs. The US Drug Enforcement Administration this week placed all illicit fentanyl analogues not already regulated by the Controlled Substances Act into Schedule I -- the category for substances with no currently accepted medical use -- for two years, with the possibility of a one-year extension. The action is intended to reduce these substances' flow into the country and slow the alarming increase in overdose deaths linked to synthetic opioids, but time will tell.

Kratom

FDA Ramps Up Warnings on Kratom, Calls It "Opioid." The Food and Drug Administration on Tuesday ramped up its warnings about kratom, saying that new research says the herb has "opioid properties" and is linked to 44 deaths. "We feel confident in calling compounds found in kratom, opioids," FDA Commissioner Scott Gottlieb said in a statement. New data has reinforced the agency concerns about kratom's "potential for abuse, addiction and serious health consequences, including death."

New Synthetic Substances

New York Governor Uses Temporary Budget Amendment to Ban Sales of Synthetic Cannabinoids. Gov. Andrew Cuomo (D) announced Wednesday a 30-day budget amendment to add 36 different synthetic cannabinoids to the state's controlled substance list. While the substances are banned federally, only some New York counties had banned them. "As the manufacturers of this poison continue to evolve and find new and insidious ways to skirt the law, New York's statutes must continue to keep pace," Cuomo said. "With this action, we'll continue to identify and crack down on hazardous compounds that emerge in our communities, and give law enforcement the tools they need to end this public health threat."

International

Canada Legalization Rollout Could Be Delayed. Federal Health Minister Ginette Petitpas Taylor said Tuesday that recreational marijuana sales will only begin a few months after legalization later this year because the new legal sales system will take time to begin working properly. The Liberal government wants the new law in place by July 1, but if it takes until that date, legal sales could be pushed back to the fall.

Israel Prime Minister Blocks Medical Marijuana Exports, Calls for More Studies. Prime Minister Benjamin Netanyahu has suspended plans to allow Israeli medical marijuana growers to export their crops pending new reviews by the Health Ministry and the chairman of the National Economic Council. The move came after a Sunday meeting where Public Security Minister Gilad Erdan presented data on the diversion of medical marijuana into recreational markets.

Drug War Issues

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