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Chronicle AM: Sessions Hints at Marijuana Enforcement Changes, ND Legalization Init Filed, More... (11/29/17)

The attorney general hints at changes in federal marijuana enforcement policy, Sen. Elizabeth Warren challenges Trump's HHS nominee on medical marijuana and opioids, North Dakota activists file a legalization initiative, and more.

The attorney general is making news on both the marijuana and the opioid fronts. (senate.gov)
Marijuana Policy

Sessions Hints at Changes in Federal Marijuana Enforcement. At a press conference Wednesday on new measures to address opioid use, Attorney General Jeff Sessions signaled that the Justice Department's laissez-faire approach to marijuana in states where it is legal may soon be changing. Justice is looking "very hard right now" at the Cole memo, an Obama-era guidance to federal prosecutors that told them to generally make enforcement a low priority in legalization or medical states, Sessions said. "We had meetings yesterday and talked about it at some length. It's my view that the use of marijuana is detrimental, and we should not give encouragement in any way to it, and it represents a federal violation, which is in the law and it's subject to being enforced, and our priorities will have to be focused on all the things and challenges we face," he said. "We'll be working our way through to a rational policy. But I don't want to suggest in any way that this department believes that marijuana is harmless and people should not avoid it."

Connecticut Gubernatorial Candidates Support Legalization. In the first debate of the 2018 gubernatorial campaign Tuesday night, several candidates said they supported marijuana legalization, a step current Gov. Dannel Malloy (D) has been unwilling to take. "Yes, I will sign a bill to legalize it,'' said Democrat Dan Drew. "There are an awful lot of people who use cannabis for a variety of reasons… wouldn't it be better if we control the process on the front end, if we were able to regulate it?" Another Democrat, former consumer protection commissioner Jonathan Harris also said he supports marijuana legalization. Only Republican candidate Prasad Srinivasan quailed at the prospect, saying he had concerns about public safety and public health.

North Dakota Activists File Legalization Initiative. Grand Forks resident David Own delivered a proposed petition to begin an initiative campaign to legalize marijuana to the secretary of state's office on Tuesday. The petition calls for the "full legalization" of marijuana and expungement of records for any crime that would be legalized by the measure. If approved for signature gathering, the initiative will need some 13,000 valid voter signatures to qualify for the November 2018 ballot.

San Francisco Approves Legal Marijuana Regs; Sales to Begin January 5. The Board of Supervisors voted Tuesday to approve regulations for recreational marijuana sales and set January 5 as the date when legal sales could begin. Supervisors voted for a 600-feet buffer between stores and schools -- much less than what some members of the Chinese immigrant community had lobbied for -- and rejected provisions that would have let neighborhoods limit the number of pot shops or ban them outright.

Medical Marijuana

Elizabeth Warren Wants Marijuana Answers From Trump Health Nominee. Sen. Elizabeth Warren (D-MA) has sent a letter to Alex Azar, President Trump's nominee to lead the US Department of Health and Human Services (HHS) suggesting the administration study how marijuana legalization could reduce opioid addiction and overdose deaths. The letter also asks Azar to answer questions about what he would do to study marijuana as an alternative to opioids, whether he is committed to implementing evidence-based policies, and what steps he would take to "improve our knowledge of the potential therapeutic benefits of marijuana when used for medical purposes."

Iowa Announces First and Only License for Medical Marijuana Manufacturer. The Department of Public Health announced Tuesday it will issue a CBD manufacturing license to MedPharm Iowa. That is the first license to grow marijuana and create CBD products in the state and the only one that will be issued.

Heroin and Prescription Opioids

DEA to Open First New Field Office in 20 Years to Fight Epidemic. At a press conference Wednesday addressing the opioid crisis, Attorney General Jeff Sessions announced that the DEA will open a new field office in Louisville, its first new field office in two decades. Sessions also announced new federal grants totaling $12 million to fund anti-heroin task forces and said that all 94 US attorneys across the country would name officials to coordinate opioid enforcement operations in their areas.

(This article was prepared by StoptheDrugWar.org's lobbying arm, 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: NH Panel Votes Down Legalization Bill, Kratom Battle Heats Up, More... (11/15/17)

Michigan Democratic gubernatorial candidates get behind legal weed, a New Hampshire House committee doesn't, Arizona gets sued over high medical marijuana permit fees, the kratom wars heat up, and more.

Kratom -- advocates call it a boon, the FDA and DEA call it a bane. (Wikimedia)
Marijuana Policy

Michigan Democratic Gubernatorial Candidates Support Marijuana Legalization. Four leading Democratic contenders for the gubernatorial nomination are supporting marijuana legalization, and so is one little-known Republican candidate. "We've seen other states do it wrong. In Michigan, we've got a chance to do it right," said former state Senate Minority Leader Gretchen Whitmer on Tuesday night in a candidate forum hosted by MI Legalize. That is the group behind the legalization initiative campaign set to hand in signatures next week. Other Democratic contenders including Abdul El-Sayed and Bill Cobb are also embracing legalization. Republican front runner Attorney General Bill Schuette, who has been an ardent foe of medical marijuana, has so far avoided commenting on legalization.

New Hampshire House Committee Rejects Marijuana Legalization Bill. The House Criminal Justice and Public Safety Committee voted to kill House Bill 656, which would have legalized marijuana, after members expressed concerns about conflicts with federal law and the desirability of legalizing it in a state in the throes of an opioid crisis. But despite the committee vote, the bill is not necessarily dead: In recent years, the full House has repeatedly overturned the committee's recommendations and passed marijuana reform bills.

Vermont Marijuana Task Force Has Second Meeting. Gov. Phil Scott's Marijuana Advisory Commission met for the second time Wednesday, concentrating on the impact of legalization on highway safety. The commission heard a report from Department of Public Safety Commissioner Thomas Anderson. "When you have increased use of marijuana or legalization of marijuana, you're gonna see more fatalities on your roadways. I think the data does support that, and I know there are different views on that, but I would feel comfortable taking that to a jury and trying to convince them of that," said Anderson. The commission must finalize its recommendations by January 15.

Medical Marijuana

Arizona Sued Over Patient Fees. A Phoenix attorney has asked the state Court of Appeals to force health officials to cut the $150 fee patients need to get a state-issued permit to use medical marijuana. Attorney Sean Berberian said the fee is illegally high, is far more than needed to finance the administration of the medical marijuana law, and is designed to divert patients away from applying to use medical marijuana.

Kratom

FDA Issues Warning on Kratom, Advocates Reject It. Food and Drug Administration Commissioner Scott Gottlieb issued a public health advisory on kratom Tuesday, saying the herb was linked to 36 deaths and calling its use as an opioid substitute "extremely concerning." But on Wednesday, the American Kratom Association pushed back, calling on the FDA to rescind the advisory because it relied on "discredited, incomplete, and mischaracterized scientific claims." The DEA moved to emergency ban kratom a year ago, but backed down in the face of loud opposition. The FDA alert could suggest that efforts to crackdown could be coming soon.

(This article was prepared by StoptheDrugWar.org's lobbying arm, 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: ME MedMJ Crackdown, Duterte Faces Heat Over Human Rights Abuses, More... (11/10/17)

The DEA will enact an emergency ban on fentanyl analogs, Maine officials try to tighten up the medical marijuana market, NGOs and individuals target Filipino President Duterte ahead of the ASEAN Summit, and more.

Filipino President Duterte remains defiant in the face of rising calls for an investigation into human rights abuses. (Wikimedia
Marijuana Policy

North Dakotans Gear Up for Legalization Initiative Campaign. Coming off a successful medical marijuana initiative campaign last year, state activists are eyeing a full-blown legalization initiative for 2018. The Recreational Marijuana/Expungement initiative campaign is expected to file with the secretary of state's office next week. If approved there, the measure could then move on to the signature gathering phase.

Medical Marijuana

Georgia Poll Has Strong Support for Medical Marijuana. A new Georgia College poll has support for medical marijuana at 77%, up 13 points from the same poll two years ago. Rep. Allan Peake (R-Macon) has been pushing for medical marijuana for several years; this poll should give a boost to his efforts in 2018.

Maine Cracks Down on Medical Marijuana. The state Health Department issued new rules Wednesday that tighten the state's medical marijuana market. Under the new rules, authorities can conduct surprise inspections of grows, and the department is implementing a new patient tracking system. The changes will go into effect on February 1.

Industrial Hemp

Wisconsin Senate Passes Hemp Bill. The Senate has unanimously approved a measure that would legalize the production and cultivation of industrial hemp. The bill would create a system of state licenses for farmers to legally grow hemp. The measure now goes to the Assembly, which is also expected to pass the bill.

Heroin and Prescription Opioids

DEA Will Enact Emergency Ban on Fentanyl Analogs.The Department of Justice Thursday announced that the Drug Enforcement Administration (DEA) intends to take immediate action against the flow of illicit fentanyl analogues into this country and the alarming increase in overdose deaths linked to synthetic opioids by scheduling all fentanyl-related substances on an emergency basis. When the DEA's order takes effect, anyone who possesses, imports, distributes, or manufactures any illicit fentanyl analogue will be subject to criminal prosecution in the same manner as for fentanyl and other controlled substances. The action announced Thursday will make it easier for federal prosecutors and agents to prosecute traffickers of all forms of fentanyl-related substances.

International

On Eve of ASEAN Summit, Hundreds of Groups Call for UN Probe of Philippines Drug War Killings. More than 280 nongovernmental organizations and individuals have renewed calls for a UN-led investigation into the thousands of deaths linked to the Philippines drug war as the country prepares to host the Association of Southeast Asian Nations (ASEAN) summit this weekend. They all signed onto a statement coordinated by Stopthedrugwar.org executive director David Borden and "organized by a coalition including the leading human rights organizations in the Philippines, Filipino-American advocacy groups, drug policy reform, recovery, (and) HIV/AIDS groups," among others. The move came after President Duterte again insisted he would brook no criticism of his human rights record, warning that he would tell US President Trump to "lay off" if he brought up the issue. But Trump has given no indication he has any concerns about human rights abuses in the Philippines.

Chronicle AM: Second Australia SIJ Coming, DEA Adds Heroin Enforcement Teams, More... (10/30/17)

The Victoria state government has approved a safe injection site in Melbourne, a new report warns that high taxes on legal marijuana could push people to the black market, New Jersey adds some new qualifying conditions for medical marijuana use, and more.

Australia's second safe injection site will open in Melbourne next year. (vch.ca)
Marijuana Policy

Report: High Legal Pot Taxes Could Push Consumers to Black Market. California retail marijuana taxes, which could reach as high as 45% in some cases, could potentially push consumers out of legal pot shops and into the black market, according to a new report from the credit rating agency Fitch Ratings. "The existing black market for cannabis may prove a formidable competitor to legal markets if new taxes lead to higher prices than available from illicit sources," the report says.

Medical Marijuana

New Jersey Adds Five New Qualifying Conditions. The state's Medical Marijuana Review Panel has officially approved five new qualifying conditions for medical marijuana use. They are anxiety, chronic pain related to musculoskeletal disorders, migraines, chronic pain of visceral origin, and Tourette's Syndrome. The panel rejected adding chronic fatigue syndrome and asthma as qualifying conditions.

Heroin and Prescription Opioids

DEA Creates Six New Heroin Enforcement Teams. The DEA has announced the establishment of six new enforcement teams focused on heroin and fentanyl. The teams will operate in New Bedford, Massachusetts; Charleston, West Virginia; Cincinnati, Ohio; Cleveland, Ohio; Raleigh, North Carolina; and Long Island, New York. The DEA got funding in its Fiscal Year 2017 appropriations to pay for the teams.

Public Health Experts Issue Report With Comprehensive Recommendations for Opioid Crisis.
Experts from the Johns Hopkins Bloomberg School of Public Health in collaboration with the Clinton Foundation have issued a report with comprehensive recommendations for stemming the opioid crisis. Among its 10 priority recommendations are: expanded electronic opioid prescription monitoring, policies in line with CDC Opioid Prescribing Guidelines, clear guidance on opioid disposal and "take back" programs, increased federal funding for drug treatment in the most hard hit communities, and cheaper naloxone.

International

Taliban Now Making Heroin -- and Increased Profits. For years, Afghanistan's Taliban have profited from opium poppy production, using the proceeds to finance their war, but now, Afghan and Western officials say that more than half of Afghan opium is being processed in-country, and that is leading for increased profits for the Taliban, for whom the drug trade consists of about 60% of its income.

Australia to Get Second Safe Injection Site, in Melbourne. The Victoria state government cabinet has approved a safe injection site for the North Richmond area of Melbourne. It is set to open next year. At the same time, the state government is also moving to crack down on heroin traffickers by reducing the amounts of heroin needed to impose harsh sentences.

Chronicle AM: Trump Declares Opioid Emergency, SF SIJ Could Come Soon, More... (10/26/17)

The president declares the opioid crisis an emergency, but not enough of one to actually need funding; lawmakers go after the DEA over West Virginia pain pill deliveries, a St. Louis alderman files a marijuana legalization measure, the US Sentencing Commission issues a report on mandatory minimums, and more.

President Trump declares a public health emergency, but not a national emergency, on opioids. (Wikimedia)
Marijuana Policy

St. Louis Ordinance Would End Local Marijuana Prohibition. Alderman Megan Green has filed an ordinance that would end enforcement of any laws that allow "the civil or criminal punishment for the use or possession of marijuana or marijuana paraphernalia against any individual or entity," with some specified exceptions. Under the bill, pot could be used, sold, and grown in the city. The bill gets a first reading Friday, and Green says she's confident it can pass in coming weeks. Stay tuned.

Medical Marijuana

Lawmakers Call for VA to Research Medical Marijuana for Veterans. A group of lawmakers who sit on the House Veterans' Affairs Committee wrote a letter Thursday to Veteran Affairs Secretary David Shulkin urging him to use his agency to research medical marijuana. The VA "is uniquely situated to pursue research on the impact of medical marijuana on veterans suffering from chronic pain and PTSD given its access to world class researchers, the population it serves, and its history of overseeing and producing research resulting in cutting-edge medical treatments," the lawmakers wrote. Shulkin has yet to respond.

Heroin and Prescription Opioids

Trump Declares Opioid Crisis a Public Health Emergency, But Provides No Funds. President Trump announced Thursday that he had directed the Department of Health and Human Services to declare a public health emergency around the opioid crisis. But he declined to declare a national emergency, which would have allowed for the rapid allocation of monies to address it. Trump's declaration carries no funding with it, but would allow some grant money to be used to combat opioid abuse.

Lawmakers Take DEA to Task Over Spread of Opioids. Members of the House Energy and Commerce Committee threatened to subpoena the DEA over its slow response to their questions about how wholesale drug distributors poured millions of opioid pain pills into West Virginia. Members said the committee had been waiting six months for answers from the DEA about which companies had sent nine million pills to the town of Kermit, WV (pop. 392), over a two-year period. Members did not express any concerns about how a crackdown on pain pill prescribing might impact chronic pain patients.

Harm Reduction

San Francisco Could See Safe Injection Sites Within a Year, Official Says. Safe injection sites in the city could be open in eight to 12 months if a proposal to create them gets approved, Department of Public Health Director Barbara Garcia told supervisors on Wednesday. Even if the plan was approved immediately, it would take time to obtain funding, establish protocols, hire and train staff, and set up the program, she said.

Sentencing

Sentencing Commission Issues Report on Mandatory Minimums. The US Sentencing Commission has issued a report on the use and impact of mandatory minimum sentencing for drug offenses. The report finds, among other things, that mandatory minimums continue to be imposed and result in long sentences in the federal system, but that they were being used less often last year. The report also noted that mandatory minimums may be applied more broadly than Congress intended, but that laws allows for departures from the harsh sentences "result in significantly reduced sentences when applied."

International

Colombia Will Move to Decriminalize Small-Time Coca Farming. The government will introduce legislation that would make the cultivation of up to just under ten acres of coca a non-punishable offense. More than 100,000 families earn a living from coca farming, with the average planting being less than an acre. This move would provide some breathing room for farmers caught between drug gangs on one hand and police on the other. The move was part of the peace deal agreed to with the leftist rebels of the FARC, but this is the first step toward actually implementing it.

Chronicle AM: New Gallup Poll Has Record Support for Marijuana Legalization, More... (10/25/17)

Nearly two-thirds of Americans now support marijuana legalization, and even more in Connecticut, the House passes a bill increasing funding for drug interdiction, the GAO reports on five years of US drug war spending in Latin America, Afghanistan has a whopping record opium crop, and more.

In Afghan fields, the poppies grow... and grow and grow. (UNODC)
Marijuana Policy

Gallup Poll Has Legalization Support at Record High, Approaching Two-Thirds. A Gallup poll released Wednesday has support for marijuana legalization at a record high 64%, up four points from last year and twice as high as just 17 years ago. The poll also includes another first: For the first time, a majority of Republicans support legalization.

Connecticut Poll Has Legalization Support Above 70%. A new Sacred Heart University Institute for Public Policy poll has support for legalization at a whopping 70.6%. That includes both "strongly support" and "somewhat support." Among people under 35, 83.2% wanted to legalize it, and even 73.6% of residents with children in the household were supportive. Legalization should be on the legislative agenda next year.

Washington State Marijuana Sales Top $1 Billion Mark This Year. By the end of September, retail marijuana sales topped $1.1 billion, according to data released by the State Liquor and Cannabis Board. That's just short of Colorado's figure of $1.118 billion so far this year.

Heroin and Prescription Opioids

Bill Would Create Federal Task Force to Fight Fentanyl and Heroin. US Reps. Katherine Clark (D-MA) and Evan Jenkins (R-VA) filed HR 4090, the Fentanyl and Heroin Task Force Act, on Monday. The bill would create a multi-agency task force including members of Customs and Border Protection, the Drug Enforcement Agency, the FBI, Immigration and Customs Enforcement's Homeland Security Investigations, the IRS, the International Trade Administration, the Office of National Drug Control Policy and the US Postal Inspection Service. The task force would coordinate federal efforts to go after fentanyl trafficking groups and identify the sources of heroin and fentanyl production and distribution. The bill has been referred to the House Judiciary Committee.

House Passes Bill to Beef Up Customs, Border Patrol to Wage Drug War. The House voted 412-3 to approve HR 2142, the INTERDICT Act. The bill appropriates funds to pay for new screening devices, laboratory equipment, facilities, and personnel needed to enforce prohibition against fentanyl and other synthetic opioids. A companion measure in the Senate hasn't moved yet.

Foreign Policy

GAO Report: US Spent $39 Billion Fighting Drugs in Western Hemisphere in Five Years. Between 2010 and 2015, US agencies implementing the National Drug Control Strategy spent $39 billion trying to block the flow of drugs from Latin America into the United States. That includes the Defense Department, Homeland Security's ICE, Homeland Security's CBP, the Coast Guard, the Justice Department's DEA and Organized Crime Drug Enforcement Task Forces, the State Department, and the Agency for International Development. Given the huge drug flows from south of the border, it doesn't seem to be working that well.

State Department Wants Stronger Anti-Drug Efforts from Mexico. A day after the DEA identified Mexican drug trafficking groups as the key criminal threat in drug enforcement, Deputy Secretary of State John Sullivan told a business meeting in Mexico that Mexico needed to do more to help. "More rigorous, collaborative efforts to confront the threat posed by the production and distribution of heroin and fentanyl are a priority for the United States," Sullivan said in remarks reported by ABC News.

International

Afghanistan Has Record Opium Harvest This Year. The opium poppy crop this year is a record and more than double last year's crop, according to Afghan Counter-Narcotics Minister Salamt Azimi. He blamed high levels of insurgency for preventing eradication programs from operating. Last year's crop was estimated at 4,700 tons, but this year's will likely exceed 10,000 tons.

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.

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