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Chronicle AM: Trump Again Proposes Slashing Drug Czar's Office, More... (1/19/18)

Trump once again proposes radically slashing the drug czar's office, senators want answers on federal drug policy appointments (and the lack thereof), Vermont's governor will sign the legal pot bill this weekend, and more.

From marijuana to the opioid crisis, drug policy is getting attention in Congress these days. (Wikimedia)
Marijuana Policy

House Budget Amendment to Protect State-Legal Marijuana Dies. Rep. Jared Polis (D-CO), coauthor of the McClintock-Polis amendment protecting state-legal marijuana programs, has pulled the amendment from the continuing budget resolution, citing lack of support from the Republican leadership. The amendment would have protected both medical marijuana and adult use marijuana by barring the use of Justice Department funds to go after them.

Trump Administration Reviewing Guidance for Banks Dealing With Legal Marijuana. A top Treasury Department official told Congress Wednesday that the administration is reviewing whether to keep Obama-era guidance providing a route for banks to serve marijuana businesses without getting in trouble with federal regulators. "We are reviewing the guidance in light of the attorney general's recent decision to revoke a Justice Department memorandum on this issue, Sigal Mandelker, the department's deputy secretary, said at a Senate hearing in remarks reported by Marijuana Moment.

Vermont Governor Will Sign Legalization Bill This Weekend. Gov. Phil Scott (R) said Thursday he will sign the marijuana legalization bill, House Bill 511, sometime this weekend. The bill legalizes the possession and cultivation of small amounts of marijuana, but not commercial activity. Scott said he will sign the bill without ceremony out of respect for those who oppose the measure. Once he does, Vermont will become the first state to have legalized marijuana through the state legislature.

Medical Marijuana

Utah Congressman Files Federal Medical Marijuana Research Bill. Rep. Rob Bishop (R-UT) filed a House version of a bill aiming at encouraging medical marijuana research on Thursday. Utah Sen. Orrin Hatch (R) filed the Senate version of the Marijuana Effective Drug Study Act, Senate Bill 1803, in the Senate in September.

Pennsylvania's First Dispensary Opens for Business. Keystone Canna Remedies had its grand opening in Bethlehem on Wednesday -- but it doesn't actually have any product to sell. The dispensary said it will be doing educational workshops until it gets its first shipments of medical marijuana next month.

Tennessee CBD Medical Marijuana Bill Filed. A pair of Republican lawmakers have filed the Medical Cannabis Only Act, which would legalize the use of cannabis oil products, but not edibles or raw marijuana. The bill is not yet available on the legislative website.

Drug Policy

Trump Administration Again Plans Deep Cuts to Drug Czar's Office. The administration is once again planning to slash the budget of the Office of National Drug Control Policy (ONDCP -- the drug czar's office). According to a report in Politico, the plan is to shift ONDCP's two main grant programs, the High Intensity Drug Trafficking Areas grants and the Drug Free Communities grants to the departments of Justice and Health and Human Services, respectively. That would shift ONDCP's budget by about $340 million, or 95%. The move comes as the nation confronts a severe opioid crisis, lending fuel to claims the Trump administration isn't doing enough on the issue.

Senators Call on Trump Administration to Explain Drug Policy Appointments. Driven by revelations that a 24-year-old former campaign worker is playing a key role in the Office of National Drug Control Policy (ONDCP -- the drug czar's office), as well as the administration's failure to fill key drug policy positions, a group of senators sent a letter Thursday calling on the administration to provide information on all political appointees serving in drug policy positions. The letter also called on the administration to identify, nominate, and confirm qualified leaders for the drug czar's office and the DEA. "You have claimed that that the opioid epidemic is a top priority for your administration, but the personnel you have staffing these key agencies -- and the lack of nominees to head them -- is cause for deep concern," the letter said. "This crisis knows no bounds, and we are committed to working across party lines with anyone who is serious about addressing this devastating epidemic."

Chronicle AM: Govs Seek Fed Help for Opioid Crisis, KY GOP Leader Files Legal MJ Bill, More... (1/18/18)

Governors call for more help with the opioid crisis from the federal government, a Kentucky GOP leader files a marijuana legalization bill, the ACLU of Montana warns an overzealous prosecutor, and more.

The nation's governors want Trump and the Congress to step up on dealing with the opioid crisis. (Wikimedia)
Marijuana Policy

Congressmen Reintroduce Bill to Protect Marijuana from Civil Asset Forfeiture. Reps. Ted Lieu (D-CA) and Justin Amash (R-MI) reintroduced the Stop Civil Asset Forfeiture Funding for Marijuana Suppression Act on Wednesday. The bill would block seized funds from being used to in the DEA's Domestic Cannabis Eradication/Suppression program. This year's version of the bill is not yet available on the congressional website, but the 2015 version is available here.

Kentucky Republican Leader Files Marijuana Legalization Bill. State Sen. Dan Seum (R-Fairdale), a member of the Republican leadership team, filed a marijuana legalization bill on Wednesday. The bill would allow people 21 and over to legally use marijuana, and it would also legalize the production and sales of pot. The measure is Senate Bill 80.

New Jersey Legalization Bid Must Overcome Democratic Wavering. Newly seated Democratic Gov. Phil Murphy vowed to legalize marijuana in his first 100 days in office, but he's going to have to whip some Democratic senators into shape first. At least a half dozen Democratic senators say they plan to vote against any legalization bill. The state Senate has 40 seats; the Democrats hold 25 of them. If all six Democrats actually vote no, that means passage would depend on at least two Republicans voting yes. There are two GOP senators, Chris Brown of Atlantic and Dawn Addiego of Burlington, who have said they are leaning toward supporting the bill.

Wisconsin Democratic Gubernatorial Candidate Would Pardon Marijuana Offenders. A leading contender for the Democratic gubernatorial nomination, former state Democratic Party chairman Matt Flynn, said Wednesday he would pardon all low-level, non-violent marijuana offenders if elected. Flynn has repeatedly called for marijuana legalization in the state.

Medical Marijuana

Georgia Voters Ready for Full-Fledged Medical Marijuana Program, Poll Finds. A new poll from the Atlanta Journal-Constitution finds that more than three-quarters of those surveyed want to see the state's limited medical marijuana program expanded. Some 77% said they want greater access to medical marijuana. The poll comes as the legislature considers a measure, House Bill 645, that would allow for medical marijuana dispensaries. The poll also found that support for recreational marijuana was at an all-time high in the state, with 50% saying legalize it.

Heroin and Prescription Opioids

Governors Call on Trump, Congress to Do More to Solve Opioid Crisis. In its first coordinated response to the opioid crisis, the National Governors Association called Thursday for the administration and Congress to provide more money and coordination to fight against it. "While progress has been made, the consequences of opioid addiction continue reverberating throughout society, devastating families and overwhelming health care providers, law enforcement and social services," the governors said as they released a set of 22 recommendations. Among other suggestions, the governors are calling for increased access to the overdose reversal drug naloxone, increased efforts to block illicit fentanyl shipments into the country, and a requirement that drug prescribers undergo substance abuse training and register to use state prescription monitoring databases.

Law Enforcement

Montana ACLU Vows to Challenge County DA's Crackdown on Pregnant Drug and Alcohol Users The ACLU of Montana said Wednesday it will fight any action by Big Horn County Attorney Jay Harris to arrest or incarcerate pregnant women based on alleged harm to the fetus. Harris announced last week that he would seek protection orders barring pregnant women from using any non-prescribed drugs or alcohol and seek contempt orders and jail for any woman who violates them. The ACLU called Harris's move "an egregious abuse of power" and noted that a similar effort in Ravalli County in 2014 was killed in the courts. "If these reports are accurate, then Big Horn County's 'crackdown' on pregnant women is not only counterproductive, paternalistic and cruel, it is also illegal. If your office actively attempts to enforce such a policy, ACLU is prepared to challenge those actions in Court," the group said in a letter sent to Harris.

Sentencing

New Jersey Enacts Law to Examine Racial and Ethnic Impact of Sentencing Changes. On his last day in office, former New Jersey Governor Chris Christie signed racial and ethnic impact statement legislation this week that will provide an opportunity for lawmakers to address the state's high rate of racial disparity in incarceration. Similar to fiscal or environmental impact statements, racial impact statements provide legislators with a statistical analysis of the projected impact of criminal justice policy changes prior to enactment. Armed with the data analysis, policymakers can make more informed decisions about public safety issues without aggravating existing racial disparities. Four other states -- Connecticut, Iowa, Minnesota, and Oregon -- have similar policies.

America Declares War on Jeff Sessions' Threatened War on Marijuana [FEATURE]

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

With his announcement that he is freeing federal prosecutors to go after marijuana operations in states where it is legal, Attorney General Jeff Sessions has excited strong bipartisan opposition -- splitting the Republicans, providing a potential opening for Democrats in the 2018 elections, and energizing supporters of just ending marijuana prohibition once and for all.

Attorney General Sessions wants to keep the DEA busy with marijuana. (DEA)
On Thursday, after a year of dilly-dallying, the fervently anti-marijuana Sessions declared that he was rescinding Obama-era guidance to federal prosecutors which basically told them to keep their hands off marijuana operations that were acting in compliance with state laws. The move not only puts Sessions at odds with public opinion, it also puts the lie to President Trump's campaign position that marijuana policy was best left to the states.

With legalization of marijuana enjoying consistent majority support in opinion polls -- a Pew poll released Friday put support at 61% -- the blowback has been immediate, fierce, and across the board. Feeling particularly vulnerable, legal pot state Republicans howled especially loudly.

Republican Howls

"I am obligated to the people of Colorado to take all steps necessary to protect the state of Colorado and their rights," said Sen. Cory Gardner (R-CO), taking to the Senate floor to announce his amazement and dismay at the move. He threatened to block all Justice Department nominees until Sessions relents.

Gardner, who has been a staunch Trump supporter, said that both Trump and Sessions had assured him before he voted to confirm Sessions as attorney general that going after legal marijuana in the states was not a priority. He wasn't happy with the turnabout.

Neither was another Republican legal pot state senator, Lisa Murkowski of Alaska. In a statement released Thursday afternoon, she said she had repeatedly urged Sessions to leave legal weed alone. His move Thursday was "regrettable and divisive," she said.

Maine is about to become a legal marijuana state -- if the Sessions move doesn't throw a wrench in the works -- leaving Republican Sen. Susan Collins, who supported Sessions' nomination, walking a tight-rope.

The attorney general isn't getting a lot of support in his march boldly backwards. (senate.gov)
While Collins acknowledges the medical uses of marijuana, according to her spokesperson, Christopher Knight, "there is considerable scientific and medical evidence of the detrimental impact that marijuana can have on the brain development of otherwise healthy teenagers," Knight said, according the the Press Herald. "Congress and the Department of Justice should review the Controlled Substances Act, which generally prohibits growing, distributing or using marijuana, in light of current medical evidence as well as actions taken by states."

Marijuana should be "a states' rights issue," said Sen. Rand Paul (R-KY), who doesn't represent a legal marijuana state, but has long been a proponent of drug law reform. "The federal government has better things to focus on."

Another leading Trump ally, Rep. Matt Gaetz (R-FL), doesn't represent a legal pot state, but he does represent a medical marijuana state. He's not happy, either, calling the move "heartless and cold." Sessions' move "shows his desire to pursue an antiquated, disproven dogma instead of the will of the American people. He should focus his energies on prosecuting criminals, not patients."

And that's from friends of the administration. The Democrats, unsurprisingly, are even harsher.

Democratic Growls

Congressional Democrats were quick to pounce on what they correctly perceived as an opening to attack Trump and Sessions on an issue where the public is not on their side. And House Speaker Nancy Pelosi (D-CA), whose state just began the legal sale of recreational marijuana this week, led the way.

"Attorney General Jeff Sessions' decision bulldozes over the will of the American people and insults the democratic process under which majorities of voters in California and in states across the nation supported decriminalization at the ballot box," Pelosi said. "Yet again, Republicans expose their utter hypocrisy in paying lip service to states' rights while trampling over laws they personally dislike."

Pelosi and Sen. Patrick Leahy (D-VT) said they would attempt to block Sessions by extending a current ban on Justice Department funding to go after medical marijuana in states where it is legal. But that would not protect the legalization states.

Other legalization state Democrats were also quick to go on the offensive and happy to throw the "states' rights" issue in the face of Republicans.

Congressional Cannabis Caucus co-chair Rep. Jared Polis (D-CO) is among those speaking out. (congress.gov)
"It is absurd that Attorney General Sessions has broken Trump's campaign promise and is now waging war on legal marijuana and states' rights," said Rep. Jared Polis (D-CO), cochair of the Congressional Cannabis Caucus. "The growing Colorado economy is in jeopardy with the news that the Attorney General will now go after states that have decided to regulate marijuana. The Trump Administration needs to back off, and allow marijuana to be treated like alcohol under the law. At stake is a growing industry that has created 23,000 jobs and generated $200 million in tax revenue in Colorado. I'm calling on President Trump to overrule Attorney General Sessions and protect consumers, our economy, the will of the voters, and states' rights."

"Trump promised to let states set their own marijuana policies," charged Sen. Ron Wyden (D-OR). "Now he's breaking that promise so Jeff Sessions can pursue his extremist anti-marijuana crusade." Wyden is demanding that any budget negotiations must include protection for legal marijuana states. "Any budget deal," Wyden said, "must... prevent the federal government from intruding in state-legal, voter-supported decisions."

That's just a representative sample of statements from congressional Democrats, who see the Sessions move as an enormous political gift. California House Republicans, for example, were already facing an uphill battle this year, thanks to Trump's unpopularity in the state. With a Republican administration messing with legal marijuana in the Golden State, they could go extinct in November.

State Officials Stand Up to Washington

It isn't just politicians in Washington who are taking umbrage with Sessions. Across the legal marijuana states, elected officials are standing up to stick up for the will of the voters.

"As we have told the Department of Justice ever since I-502 was passed in 2012, we will vigorously defend our state's laws against undue federal infringement," said Washington Gov. Jay Inslee (D). "In Washington state we have put a system in place that adheres to what we pledged to the people of Washington and the federal government. We are going to keep doing that and overseeing the well-regulated market that Washington voters approved."

Seattle Mayor Jenny Durkan, a former US attorney herself, said Seattle police wouldn't cooperate in any crackdown: "Federal law enforcement will find no partner with Seattle to enforce the rollback of these provisions," she said. "Let's be clear: Our Seattle Police Department will not participate in any enforcement action related to legal businesses or small personal possession of marijuana by adults," she said in a statement. "Federal law enforcement will find no partner with Seattle to enforce the rollback of these provisions."

Calling Sessions' move "deeply concerning and disruptive," Oregon Gov. Kathleen Brown (D) told the feds to back right off. "States are the laboratories of democracy, where progressive policies are developed and implemented for the benefit of their people," she said. "Voters in Oregon were clear when they chose for Oregon to legalize the sale of marijuana and the federal government should not stand in the way of the will of Oregonians. My staff and state agencies are working to evaluate reports of the Attorney General's decision and will fight to continue Oregon's commitment to a safe and prosperous recreational marijuana market."

Similar notes were heard from California.

"Akin to the ill-conceived positions the Trump Administration has adopted on so many important public policy topics during the past year, Attorney General Session's decision today is out of step with the will of the people of not only California, but the 29 states that have legalized either or both medicinal and recreational-use cannabis," said California Treasurer John Chiang. "The action taken by Attorney General Sessions threatens us with new national divisiveness and casts into turmoil a newly established industry that is creating jobs and tax revenues. Until the slow, clunking machinery of the federal government catches up with the values and will of the people it purportedly serves, states -- like California -- will continue to both resist and, more importantly, to lead."

California Lt. Gov. Gavin Newsom (D) also weighed in on what he called Sessions' "harmful and destructive attempt to revive the failed war on drugs." Sessions' position, he added, "defies fact and logic, threatens the promise of a safe, stable, and legal framework for legal marijuana, and is just another part of the Trump administration's cynical war on America's largest state -- its people and its policies -- through policy reversals, health care repeals, and now, marijuana policing."

The Republicans Own This

Despite the howls from legal pot state Republicans (and a handful of others), this backwards-looking policy shift lies squarely with the GOP and the Trump administration. It is driving wedges between Republicans and widening the gap between the GOP and the desires of the nation.

Whether the Republicans pay a penalty for messing with marijuana come November remains to be seen, but Jeff Sessions may have inadvertently done us a favor: Not only does his move hurt Republican prospects, even endangering control of the House, it may a spark movement to quit dancing around with the end of marijuana prohibition and just get it done.

The Good, the Bad, and the Ugly: The Top Ten US Drug Policy Stories of 2017 [FEATURE]

It was the best of times; it was the worst of times. Tens of thousands die of drug overdoses, hundreds of thousands get arrested for drugs, yet marijuana is seeing boom times. As we bid adieu to 2017, here are the year's drug policy highlights:

Drug overdoses killed record numbers of Americans in 2017. (Wikimedia)
1.The Opioid Crisis Deepens, With Overdose Deaths at an All-Time High

The country's opioid crisis showed no signs of abating in 2017, with the Centers for Disease Control estimating 66,000 overdose deaths this year, up from 63,000 in 2016. To be clear, only about two-thirds of fatal drug overdoses are linked to heroin and prescription opioids, but opioid overdoses surged in 2016 by 28%. It's too early for final data on 2017 overdoses, but there is little reason to doubt that opioids were driving the increase this year. The high levels of overdose deaths have led to a fall in US life expectancy for the past two years, only the third time that has happened in the past century. Policy efforts to curtail the problem have sometimes included regressive moves to up drug sentences, and have generally given only limited consideration to the needs many patients have to access these substances. But public health measures like naloxone distribution and "Good Samaritan" non-prosecution policies have also advanced.

2. Fentanyl is Killing More and More People

The powerful synthetic opioid fentanyl and its analogs are implicated in an increasingly large number of opioid overdose deaths. While deaths involving prescription opioids are decreasing, fentanyl-related deaths have increased by an average of 88% a year since 2013. Illicitly imported fentanyl from labs in China or Mexico is mixed with heroin with lethal results: Half of the increase in heroin-related overdose deaths is attributable to heroin cut with fentanyl, the CDC reported in September. There were nearly 20,000 deaths attributable to fentanyl and other illicit opioids in 2016; the 2017 numbers are likely to be even worse.

3. Key Federal Drug Policy Positions Remain Unfilled, and Kellyanne is In Charge

The Trump administration has not nominated anyone to head the DEA, and the agency is currently being led by Acting Administrator Robert Patterson after Chuck Rosenberg, the acting administrator when Trump took office, resigned in September, saying he didn't want to work with the administration any longer. Similarly, the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) is without a permanent head after Trump's nominee, Pennsylvania GOP Rep. Tom Marino went down in flames in October in the wake of reports he steered a bill through Congress that impeded the DEA from going after pharmaceutical drug distributors. Neither the White House nor anyone else seems very interested in filling the position, in part, perhaps, because earlier in the year, Trump floated the notion of cutting ONDCP's budget by nearly 95%. But not to worry: Trump pollster, counselor, and apologist Kellyanne Conway is now leading the administration's fight against opioids -- even though she has no public health experience whatsoever.

So far, Attorney General Sessions' bark is worse than his bite when it comes to marijuana policy. (senate.gov)
4. Attorney General Sessions Revives the Federal War on Drugs…

Under President Obama, Attorney General Eric Holder presided over a ratcheting down of harsh federal drug prosecutions and sentences, but current Attorney General Jeff Sessions is doing his best to undo those reforms. In May, Sessions announced that he had directed federal prosecutors to seek the most severe penalties possible in drug cases, including mandatory minimum sentences.

5. …But Fails to Implement a War on Weed, So Far

For all the wailing, gnashing of teeth, and dire predictions of a Sessions war on weed, it hasn't happened yet. The attorney general has made no secret of his dislike for the demon weed, but that has yet to translate into any firm policy positions or federal crackdowns on marijuana in states where it is legal, for either medical or recreational use. Congressional action continues to bar the use of Justice Department funds to go after medical marijuana, although the future of that law after January 22nd remains in doubt. But there was no bar on going after state-legal recreational marijuana, yet it didn't happen. Sessions told the House Judiciary Committee in November that the Obama-era Cole memo remains in effect. That memo directs prosecutors to pretty much leave state-legal marijuana alone except for specified concerns, such as the involvement of youth, violence, or diversion. Later in November, Sessions said the Justice Department was still examining the Cole memo, so all is not safe, but today legal marijuana is still standing.

6. Legal Marijuana's $10 Billion Dollar Year

In December, marijuana market watchers Arcview Market Research estimated that retail marijuana sales would hit $10 billion in 2017, up 33% over 2016. But that's just the beginning, Arcview said. With huge recreational markets such as California (pop. 39 million) and Canada (pop. 36 million) coming online next year, the group expects North American sales to top $24.5 billion by 2021. It's hard even for a pot-hating attorney general to get in front of that economic juggernaut.

7. Pot is More Popular than Ever

Just ask Gallup. The venerable polling firm has been tracking support for marijuana legalization since 1969, when it was at just 12%. In its latest poll, from October, Gallup now has support for marijuana legalization at 64%. What is really impressive is the rapid increase in support in the past 20 years: In 1996, support was at 25%; by 2012, it had doubled to 50%; and it's gained another 14 points in the five years since. Other pollsters are reporting similar current levels of support for marijuana legalization. And this could be another reason the attorney general hesitates to crack down on weed.

8. No State Legalized Weed, But 2018 Should Be Different

After 2016 saw marijuana legalization initiatives win in California, Maine, Massachusetts, and Nevada -- losing only in Arizona, closely -- anticipation was high that 2017 would see more states come aboard. It didn't happen. There are two explanations for this: First, it was an off-off election year and no initiatives were on the ballot, and second, it's hard to move controversial legislation though the state house. Still, the Vermont legislature actually passed a legalization bill, only to see it vetoed by a Republican governor, and that governor now says he is ready to sign a legalization bill. That could happen as early as next month. Likewise, a number of other states saw legalization bills make serious progress, and we could see those efforts come to fruition in places like Connecticut, Delaware, New Jersey, and Rhode Island. And 2018 will most likely see at least one legalization initiative. Activists in Michigan have already handed in signatures and should have enough of a cushion to qualify for the ballot.

9. Safe Injection Sites in the US Draw Ever Nearer

The harm reduction intervention has been proven to save lives, increase public health and public safety, and get hardcore drug users in touch with medical and social service help, and the message is finally on the verge of getting though in the US. At least two major West Coast cities, San Francisco and Seattle, are advancing plans to open such facilities -- although not without staunch opposition -- and, under the progressive leadership of young Mayor Svante Myrick, Ithaca, New York, is making similar plans.

10. The War on Drugs Rolls On

Despite the legalization of medical and/or recreational marijuana in various states, despite various sentencing reforms at the state and federal level, despite the growing recognition that "we can't arrest our way out of this problem," the drug war just keeps on going. The FBI released its annual Uniform Crime Report in November, and while the numbers are from 2016, this year's numbers are unlikely to be any better. More than 600,000 people got arrested for marijuana offenses in 2016, down from a peak of nearly 800,000 in 2007, but still up by 75,000 or 12% over 2015. It's the same story with overall drug arrests: While total drug arrest numbers peaked at just under 1.9 million a year in 2006 and 2007 -- just ahead of the peak in prison population -- and had been trending downward ever since, they bumped up again last year to 1.57 million, a 5.6% increase over 2015.

Chronicle AM: Wyden Signs On to Booker Pot Bill, Ithaca Safe Injection Site Talks, More... (12/19/17)

Cory Booker's federal marijuana bill finally finds another sponsor, Kentucky's ag commissioner pronounces himself "dumbfounded" at the DEA's recalcitrant position on industrial hemp, and more.

Cory Booker is feeling just a little less lonely after picking up Ron Wyden as a cosponsor for his marijuana bill. (Wikimedia)
Marijuana Policy

Wyden Signs On to Booker's Federal Marijuana Bill. Sen. Ron Wyden (D-OR) announced Monday that he is cosponsoring Sen. Cory Booker's Marijuana Justice Act, Senate Bill 1689. The bill would remove marijuana from the Controlled Substances Act, allowing states to legalize it without fear of federal interference. The bill would also withhold funds from states that continue to criminalize marijuana and disproportionately arrest and imprison minorities for marijuana offenses, as well as allowing people sentenced under racially biased marijuana law enforcement to file civil lawsuits against their states. Wyden is the only cosponsor of the bill so far.

Hemp

Kentucky Ag Commissioner "Dumbfounded" at DEA Position on Hemp. Agriculture Commissioner Ryan Quarles has written a letter to the DEA requesting a meeting about hemp policy. "I was dumbfounded" to read about the DEA's position that hemp-derived CBD oils are illegal, even if they contain no THC," Quarles wrote. "Consumable hemp products are legal to buy," Quarles noted. But the DEA maintains that hemp is the same thing as marijuana, and DEA spokesman Melvin Patterson responded that Quarles is "knocking on the wrong door." Patterson said the DEA was simply enforcing the Controlled Substances Act, and if people want to change hemp policy, they need to talk to Congress.

Drug Testing

Illinois Roadside Drug Testing Pilot Program Coming Soon. Police in the northwestern town of Carol Stream will begin a pilot roadside drug testing program in February. Officers will use mouth swabs to screen for marijuana, cocaine, amphetamines, methamphetamines, and opiates. Testing will begin on a voluntary basis, with drivers asked if they will consent to giving a saliva sample. The test results could be used to help police build drugged driving cases, but since Illinois does not have a zero tolerance drugged driving policy, test results alone would not be sufficient to prove guilt.

Harm Reduction

Ithaca, New York, Continues Discussions on Safe Injection Site. County officials on Monday continued discussing a proposal from Mayor Svante Myrick to open a safe injection site for heroin users in the city. The county legislature's Health and Human Services Committee heard from proponents of the harm reduction measure in what is the second hearing on the topic in two months.

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.

Drug War Issues

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