Death Penalty

RSS Feed for this category

Chronicle AM: El Chapo Convicted on All Counts, NY Legal Pot Politics Heats Up, More... (2/12/19)

The former leader of the Sinaloa Cartel has been found guilty on all counts at his trial in New York City, Sri Lanka advertises for hangmen as the president there vows to resume drug executions, South Dakota House members defy their governor and approve a hemp bill, and more.

Joaquin "El Chapo" Guzman being arrested in Mexico. He's now been found guilty in a court in New York. (sedena.gov.mx)
Marijuana Policy

New York Pot Legalization Foes Lobby in Albany. Groups opposed to marijuana legalization gathered at the Capitol Monday to urge lawmakers to reject the idea. Led by Kevin Sabet of Smart About Marijuana, foes warned that legalization would lead to increased use among schoolchildren—even though that hasn’t been the case in early legalization states such as Colorado and Washington. Sabet was joined at the Capitol by representatives of the state PTA, the Police Conference of New York and representatives of groups that deal with drug and alcohol addiction, all of which oppose legalization.

New York Coalition Urges Governor Cuomo to Improve Marijuana Legalization Bill to Center Racial and Economic Justice. Members of the Start SMART NY coalition (Sensible Marijuana Access through Regulated Trade) Tuesday laid out their vision for a just marijuana industry and demanded that Governor Andrew Cuomo incorporate the Marijuana Regulation and Taxation Act (A.1617) into his proposed recreational marijuana legalization plan. The act is model legislation to create a taxed and regulated adult-use marijuana market that not only creates economic opportunities for all New Yorkers but also addresses the harms of decades of prohibition. 

Hemp

South Dakota House Ignores Governor, Passes Hemp Bill. Rejecting advice from Gov. Kristi Noem (R) to leave hemp alone this year, the House on Monday voted 65-2 to pass HB 1191, which would give farmers and producers the green light on hemp production beginning July 1. The bill now heads to the Senate, where GOP leaders say it will likely pass.

Law Enforcement

El Chapo Convicted on All Counts. Joaquin Guzman Loera, known by various aliases, including “El Chapo” and “El Rapido,” was convicted today by a federal jury in Brooklyn, New York of being a principal operator of a continuing criminal enterprise – the Mexican organized crime syndicate known as the Sinaloa Cartel – a charge that includes 26 drug-related violations and one murder conspiracy.  Guzman Loera was convicted of all 10 counts of a superseding indictment, including narcotics trafficking, using a firearm in furtherance of his drug crimes and participating in a money laundering conspiracy.  The verdict followed a 12-week trial before U.S. District Judge Brian M. Cogan.  Guzman Loera faces a mandatory sentence of life imprisonment. Sentencing has been set for June.

Pregnancy

Tennessee Bill Would Prosecute Mothers for Drug Use While Pregnant. A bill filed last week, SB 659, would authorize a woman to be prosecuted for assault based on the person using a narcotic drug illegally while pregnant if the child is born addicted to or harmed by the drug used. A woman could avoid prosecution under the bill if she was actively enrolled in an addiction recovery program before the child was born if she remained in the program after delivery and successfully completed the program. An identical bill has been filed in the House.

International

Sri Lanka Advertises for Hangmen as President Pushes for Harsher Drug War. The government has begun advertising for hangmen after President Maithripala Sirisena said last week he wanted to resume capital punishment for drug traffickers within 60 days. Although drug trafficking is already a capital offense in the country, no one has been executed for any crime there since 1976. Last month, during a visit to the Philippines, Sirisena praised President Rodrigo Duterte’s bloody war on drugs, which has resulted in the deaths of thousands.

Chronicle AM: NM Drug Defelonization Bill Filed, Egypt to Hang Drug Smugglers, More... (1/31/19)

Illinois police chiefs don't want home marijuana cultivation, legislators in the Dakotas in drug test legislating frenzy, Egypt is set to begin executing drug smugglers, and more.

New Mexico legislators cite prison overcrowding as a reason to defelonize drug possession. (supremecourt. us)
Marijuana Policy

Illinois Police Chiefs Say No Home Cultivation. The Illinois Association of Chiefs of Police said Monday their top priority regarding marijuana legalization is to ensure that it does not allow for personal home cultivation. “It’s dangerous and we’re not trying to be alarmist. It’s just what’s happened in other states,” said Director Ed Wojcicki. “If the bill has home-grown, it’ll make any type of regulation impossible,” said Wojcicki. The legislation being drafted this year does include home cultivation.

Drug Testing

North Dakota Senate Committee Holds Hearing on School Employee Drug Testing Bills. The Senate Human Services Committee held a hearing Tuesday on a bill that would require random, suspicionless drug testing of school board members and school employees. Critics said SB 2337 was unconstitutional, but bill sponsor Sen. David Clemens (R-West Fargo) said it was meant as a “safeguard to eliminate drugs from our schools.” The committee took no action on the bill.

South Dakota Senate Committee Advances Bill to Drug Test Legislators. The Senate Judiciary Committee voted 4-1 Thursday to advance SB 104, which would impose random drug testing on legislators. The bill would require that between three and 10 legislators be subjected to random drug tests each week the legislature is in session.

Sentencing

New Mexico Bill Would Defelonize Drug Possession. Sen. Jacob Candelaria of Albuquerque and Rep. Andrea Romero of Santa Fe, both Democrats, have filed a bill that makes possession of all drugs without intent to distribute a misdemeanor instead of a felony. SB 408 and its House counterpart are aimed at not burdening drug users with felony records. “A felony conviction leads to what we call ‘civil death,’ ” he said. “You are ostracized from the community; you have a difficult time accessing any services, any public support, including public housing; the doors to higher education are shut closed to you almost forever,” he added.

International

Egypt's Cabinet Approves Bill to Execute Drug Smugglers. The cabinet on Wednesday approved a bill that mandates the death penalty for those who "import or export synthetic substances that cause harm to the body, mind or the nervous system." Under current law, such offenses are punishable by up to life in prison. Under the new law, even simple drug possession would lead to a one-year mandatory minimum prison sentence.

Philippines House Approves Medical Marijuana. The House of Representatives approved the Philippine Compassionate Medical Cannabis Act on Tuesday. Under the bill, medical marijuana would only be available at Department of Health hospitals and private hospitals licensed for medical marijuana purposes. The bill does not allow the use of marijuana in its raw form.  

The Year in Drugs II: Good, Bad, and Ugly Global Drug Policy in 2018 [FEATURE]

(See our Top Domestic Drug Stories of 2018 piece here.)

It's been a year we couldn't wait to put behind us, but as 2018 comes to an end, we can look back on some advances on the international drug policy front, as well as continued brutal and regressive responses from some quarters. Here are 10 of the global drug policy stories that shaped the year, for better or worse:

Iranian drug executions have come to a screeching halt in one of the good news stories of 2018. (handsoffcain.info)
1. Drug Death Penalty Reforms Cause Massive Drop in Executions

Early this year, it became official: Iran had reformed its death penalty statutes to radically reduce the number of people facing execution for drug offenses, and it had done so retroactively, saving the lives of thousands already on death row. By mid-year, it was clear that the move was having an impact, as human rights observers reported a 99% reduction in drug executions, with only one person being executed for drugs as of June, compared to more than a hundred during the same period in 2017.

2. Canada Becomes the First G8 Country to Legalize Marijuana

Justin Trudeau pledged that he was elected prime minister, his government would legalize marijuana. It didn't happen as fast as he would have liked, but the Liberals' legalization bill passed parliament in June and went into effect on October 17. So far, the sky has not fallen.

3. Medical Marijuana Earns Growing Acceptance

The year began with Thailand announcing a plan to allow medical marijuana and ended with Thailand approving it and becoming the first Southeast Asian country to do so. But in the meantime, Israeli pharmacies began selling medical marijuana in April, Zimbabwe legalized it in May, and Portugal and Luxembourg followed suit in June. In November, Great Britain joined the club, and Greece issued its first medical marijuana production licenses. Late in the year, in South Korea, the National Assembly approved an amendment to the country's drug laws that will pave the way for the use of medical marijuana by prescription, and New Zealand also approved it in December Not a bad year for medical marijuana.

Canadian Senate
4. The Philippines Drug War Continues, But Pressures Mount…

The bloody drug war of Philippines President Rodrigo Duterte continued apace in 2018, with a death toll now put at 12, 000 (20,000 by some estimates), but Duterte has come under increasing pressure both domestically and internationally. In February, both Amnesty International and Human Rights Watch aimed broadsides at the Philippines even as the International Criminal Court began "preliminary examinations" of whether there is sufficient evidence to bring a case before the court. In March, activists called out drug war human rights abuses at the embassy in Washington, DC. By July, an unbowed Duterte was vowing to continue a "relentless and chilling" drug war even as national human rights groups said he was using it as a cover for assassinating political opponents. In September, he unleashed an attack on a second drug war critic, Senator Antonio Trillanes, after last year imprisoning critic Senator Leila de Lima on trumped up drug charges. She is still imprisoned.

5.. ...and the Rot Spreads in the Region

Following the lead of the Philippines, other countries in the region have also embraced drug war thuggery and human rights abuses. In May, the Bangladeshi opposition warned of a wave of police killings of drug suspects, and within weeks, more than a hundred were killed and 20,000 arrested, even as evidence emerged that the crackdown was being used to hide political assassinations. The situation was fraught enough that the UN human rights head and even the US State Department expressed concern. Drug war killings were also reported in Indonesia, although there were mixed signals about moves toward reforms there, and Sri Lanka vowed to begin hanging drug dealers. Paradoxically though, a Malaysian court's imposition of a death sentence on a man for providing cannabis oil to patients now appears to have resulted in a moratorium on the death sentence and could end the death penalty in its entirety in the county.

6. The US President Aligns Himself With Global Drug War Authoritarians

President Donald Trump was a baleful presence on the global drug policy stage this past year, sympathizing with drug war authoritarians such as Philippines President Rodrigo Duterte and Turkish Prime Minister Erdogan, as well as drug death penalty countries such as China and Singapore. He said early in the year he wants to execute all drug dealers and admires the Singapore approach (mandatory death penalty for drug trafficking), a statement that moved more than 150 organizations to condemn his call. At year's end, he was singing a similar tune with a ghoulish call for more Chinese drug executions. In between, he went to the United Nations to try to gin up a reinvigorated global drug war.

coca leaves drying by highway
7. South Africa Legalizes Marijuana

In a case brought by three marijuana users, the country's Constitutional Court ruled that the private possession, cultivation, and consumption of marijuana is legal. "It will not be a criminal offense for an adult person to use or be in possession of cannabis in private for his or her personal consumption," Deputy Chief Justice Raymond Zondo wrote in his ruling. It will, however, remain illegal to use cannabis in public and to sell and supply it. The ruling did not set allowable quantities, with the court saying parliament had two years to come up with a new law that reflected the ruling.

8. Glimmers of Hope in Mexico

then-President Felipe Calderon unleashed the latest chapter of the country's drug wars, bringing violence to levels not seen before in the country, Mexico is showing signs it is ready for change. The death toll from prohibition-related violence is higher than ever, and that is impelling a psh for change, most notably with the election of Andres Manuel Lopez Obrador, who is very open to finding exits from the drug war, whether it's legalized opium production in Guerrero, granting amnesty for non-violent drug trafficking offenders, or legalizing marijuana. And speaking of legalizing marijuana, the Mexican Supreme Court in November struck down the ban on marijuana possession, cultivation, and use. Now, Lopez Obrador's governing MORENA Party has filed a bill to legalize marijuana sales. Tackling the violence, may be a bit more difficult.

9. Colombia Sees a Record Coca Crop as US Cocaine Deaths Rise

Efforts to reduce coca cultivation and cocaine production in the country after the peace agreement with the FARC rebels have not gone well, and that's causing rising worry in Washington. In June, the UN Office on Drugs and Crime reported that 2017 production was at an all-time high, prompting expressions of concern from the drug czar's office and support from President Trump for new rightist Colombian President Ivan Duque's "head-on fight against drug trafficking." That could include a renewed resort to aerial fumigation, even drones, as well as forced eradication of coca crops, leading to renewed conflict in cultivation zones. Meanwhile, cocaine is now the third leading cause of drug overdose deaths, trailing only fentanyl and heroin.

Vienna International Centre, home to the UN drug agencies
10. Historic UN Cannabis Review Hits Last-Minute Procedural Delay

In June and again in November, the Expert Committee on Drug Dependence (ECDD) of the World Health Organization (WHO) met to consider the evidence on cannabis (marijuana) and its placement in the UN drug scheduling system, which determines whether or what level of control the UN drug conventions mandate that countries maintain for the substance. The conventions specify that substances should receive such an evaluation before being scheduled, but that never happened for marijuana. Observers believe the process should lead to marijuana being moved to a less restrictive schedule than it is in currently -- if the Commission on Narcotic Drugs (CND) votes to adopt such a recommendation from ECDD.

That didn't happen when, earlier this month, WHO voted to delay release of ECDD's recommendations until January, for unexplained reasons. That may mean they get taken up at the main annual CND meeting in Vienna in March, rather than December's intersessional. The delay seems unusual, and probably political, but its intent is unclear.

The next few months may tell. In the meanwhile, ECDD says that CBD shouldn't be scheduled at all. But that didn't stop the US FDA from saying that treaties require it be scheduled, even though they also think it shouldn't be.

Trump's Ghoulish Call for Even More Chinese Drug Executions [FEATURE]

In a pair of tweets last Wednesday, President Trump urged China to crack down on fentanyl, which he described as a "horror drug," and predicted "incredible results" if China would start executing people for fentanyl-related offenses.

Trump urges the Chinese to kill more drug offenders. (Flickr/Gage Skidmore)
Fentanyl is an extremely powerful synthetic opioid linked to tens of thousands of overdose deaths in the US in recent years. Chinese chemical factories are believed to be the primary producers of fentanyl and related synthetic opioid analogs, which are then mixed in with other illicit drugs, making them even more dangerous than they were on their own.

Trump's tweets came just days after he errantly praised China's President Xi Jinping for agreeing that China would "designate Fentanyl as a Controlled Substance, meaning that people selling Fentanyl to the United States will be subject to China's maximum penalty under the law."

In reality, China made fentanyl and five fentanyl products controlled substances back in 2015 and promised President Obama it would "crack down" on it in 2016. Yet, the flow of fentanyl continued and fentanyl-related overdose deaths continued to climb.

And in reality, China is already most likely the world's leading drug executioner. The only reason for any doubt is that China does not provide data on how many people it executes for drug offenses, but according to Amnesty International, "thousands of executions… were believed to have been carried out in China" last year.

China's closest competitor in the gruesome race to execute drug offenders has been Iran, where Amnesty says more than 200 were hung in 2017, but recognizing the futility of the hardline approach and heeding pressure from European funders of Iranian anti-drug efforts, the Islamic Republic has now moved to greatly reduce the number of drug executions.

But as has been evident from his support of bloody-handed Philippine President Rodrigo Duterte, who was presided over a war on drug sellers and users that has left thousands dead, Trump has a fondness for the death penalty. And despite the lack of any evidence that killing drug offenders actually leads to a reduction in drug use or trafficking, he wants more.

That brought a quick response from the Drug Policy Alliance, which ripped into Trump's cheerleading the death penalty in China as "morally repugnant" and instead urged responses to the fentanyl crisis that might actually achieve something.

"Draconian criminal punishments for fentanyl will actually make the problems associated with this drug much worse than they are now," said Grant Smith, the group's deputy director of national affairs. "This won't reduce addiction and overdose deaths in the US, but it will incentivize the proliferation of even more potent drugs that will further exacerbate the crisis. President Trump's push for China to execute more of its citizens for drug offenses is morally repugnant and ignores the decades-long failure of extremely harsh drug policies here in the US."

Instead of lobbying for harsh, but inhumane and ineffective, drug policies in China, Trump would better address the overdose crisis by implementing proven harm reduction measures, Smith added.

"Fentanyl has indeed become the leading cause of overdose deaths in the US, but health-based measures are far more effective than criminalization," he said. "Interventions like drug checking, naloxone, supervised consumption spaces, and expanding access to evidence-based treatment are urgently needed to reduce fentanyl-related deaths."

But the Trump administration isn't into that. In fact, the Trump Justice Department just recently went out of its way to promise a crackdown on any cities that try to open safe injection sites as a means of reducing overdose deaths and the spread of blood-borne diseases. He would rather American drug users die and Chinese drug sellers be killed than come up with effective responses that would actually save lives.

Chronicle AM: Gallup Has MJ Legalization at 66%, UN Drug War "A Failure," Report Says, More... (10/23/18)

A new Gallup poll shows still rising support for marijuana legalization, a new report from the IDPC calls for a radical shift in UN drug control policies, Bangladesh moves toward passing a bill mandating the death penalty or life in prison for even possessing small amounts of some drugs, and more.

Marijuana Policy

Gallup Poll: Two in Three Americans Now Support Legalizing Marijuana. Sixty-six percent of Americans now support legalizing marijuana, another new high in Gallup's trend over nearly half a century. The latest figure marks the third consecutive year that support on the measure has increased and established a new record. The poll is in line with other recent polls that have shown support for marijuana legalization above 60%. Gallup found last year that a slim majority of Republicans supported legal marijuana for the first time, and this year's figure, 53%, suggests continued Republican support. Views that pot should be legalized have also reached new peaks this year among Democrats (75%) and independents (71%). Democrats reached majority-level support for legalization in 2009, and independents did so in 2010.

North Dakota Poll Has Legalization Initiative Leading. A poll commissioned by LegalizeND, the group behind the Measure 3 legalization initiative, has support for the measure at 51%, with 36% opposed. The poll has a 4.9% margin of error, so support could actually be under 50%. What is encouraging is that undecideds would have to break pretty decisively against the measure for it to be defeated.

Medical Marijuana

New Jersey Ponders Allowing Medical Marijuana to Treat Opioid Addiction. The state Health Department has proposed a rule change that would make medical marijuana available to potentially thousands of opioid users. "Physicians should consider marijuana as another appropriate treatment for patients with many medical conditions, especially diseases for which conventional therapies aren't working for their patients," Dr. Shereef Elnahal, the state health commissioner, said in a statement. Current rules allow only people who became addicted to opioids while trying to manage chronic pain from a musculoskeletal to qualify for medical marijuana, but the proposed new rule would allow anyone with an opioid use disorder to use it.

International

Report Calls UN's Global War on Drugs a Failure. A major new report from the International Drug Policy Consortium says the last decade of UN anti-drug strategy has been a failure and calls for a major rethinking of global drug policy. The report argues that the UN's "war on drugs" approach has had little impact on global drug supply while generating significant negative impacts on public health, human rights, security, and development. "This report is another nail in the coffin for the war on drugs," said Ann Fordham, the Executive Director of IDPC, in a prepared statement. "The fact that governments and the UN do not see fit to properly evaluate the disastrous impact of the last ten years of drug policy is depressingly unsurprising. Governments will meet next March at the UN and will likely rubber-stamp more of the same for the next decade in drug policy. This would be a gross dereliction of duty and a recipe for more blood spilled in the name of drug control." [Disclosure: StoptheDrugWar.org is an IDPC member group and provided feedback for the report.]

Canada's Ontario to Move Forward on Safe Injection Sites. The provincial government has decided to keep its overdose prevention sites open and repurpose them as "consumption and treatment centers," Health Minister Christine Elliott announced Monday. Premier Doug Ford had been opposed but said he would listen to advice from experts. Apparently, he has. Overdose-prevention sites are temporary facilities approved by the province to address an immediate need in a community, while supervised-drug-use sites are more permanent locations approved by the federal government after a more extensive application process.

Vanuatu to Legalize Medical Marijuana. The Republic of Vanuatu, a 277,000-person South Pacific nation, has taken the first step toward legalized medical marijuana. "I confirm that the council of ministers on Sept. 20 passed a policy paper to change the laws of Vanuatu to permit the cultivation and use of cannabis for medicinal and research purposes in Vanuatu by licensed parties," Vus Warorcet Nohe Ronald Warsal, the country's acting deputy prime minister and minister for trade, tourism, commerce, and Ni-Vanuatu business, said in a letter. The government will present legislation to the parliament later this year, with licenses expected to be issued by December.

Bangladesh Moves Forward With Death Penalty Drug Bill. The government has sent to parliament a bill that contains provisions mandating the death penalty or a life sentence for possessing, producing, or distributing more than five grams of methamphetamine or more than 25 grams of heroin and cocaine. Under current law, there is no provision for the death penalty or life sentence for heroin and cocaine offenses.

Chronicle AM: PA US Attorney's SIJ Warning, Malaysia MedMJ Death Penalty Lifted, More... (10/15/2018)

The US Attorney for Eastern Pennsylvania tries to scare away a proposed safe injection site in Philadelphia, Malaysia's cabinet puts a "moratorium" on the death sentence for a medical marijuana provider -- and the country is likely to end the death penalty as a whole because of the case -- and more.

The specter of a safe injection like Vancouver's InSite in Philadelphia garners a warning from the federal prosecutor. (CC)
Marijuana Policy

Washington State Regulators Put Temporary Hold on Pot Candy Ban. The State Liquor and Control Board last week announced a ban on certain marijuana-infused candies, but now says it will hold off on the ban for a month in order to allow marijuana industry groups to present alternative rules. The board will now accept public comment for 30 days before taking up the ban again.

Wisconsin Senate Candidates Clash Over Marijuana Policy. US Senator Tammy Baldwin (D) and her Republican challenger, Leah Vukmir, clashed over marijuana policy during a debate Saturday night. Baldwin said she would support changing marijuana from Schedule I to Schedule II to allow the drug to be researched for medical purposes. Vukmir responded by that it was "concerning" that Baldwin would support legalization (Editor's Note: She didn't). She also called marijuana highly addictive and suggested it would worsen the opioid crisis.

Harm Reduction

Philadelphia US Attorney Warns on Safe Injection Sites. The US attorney for the Eastern District of Pennsylvania, William McSwain, warned Saturday against the city moving forward with plans for a safe injection site. "This sort of facility that is being proposed is illegal under federal law," he said. He added that his office is reviewing possible options to stop it, including court orders, blocking the opening of the facility, and even possibly arrests and prosecutions. "Nobody is above the law -- and by that I mean nobody," McSwain said. "I mean the leaders who would be involved in setting up this proposed deadly drug-injection site, the board members… the city officials who would be involved in supporting it, the medical personnel who might be staffing it or the folks who might be using the drugs."

International

Malaysia Medical Marijuana Distributor Death Sentence on Hold as Case Prompts Likely End to Death Penalty Entirely. The Malaysian cabinet has agreed to place a moratorium on the death sentence for Muhammed Lukman, who was convicted of possessing, processing, and distributing cannabis oil. "As a consensus, we agreed that it (death penalty) should not have been imposed. At the same time, we have also agreed to put a moratorium on his death penalty," Youth and Sports Minister Syed Saddiq told reporters.

But that's not all. The case has catalyzed a likely end to the death penalty in Malaysia entirely, with political figures up through the Prime Minister calling for it. Saddiq said about the issue, "[I]t's two accounts. One is the death penalty as a whole, which will be taken down. And second, at the same time, the usage of medical marijuana should never be punished by death penalty." He also said the Cabinet had agreed that patients who used medical marijuana should never be punished by the law.

Lukman was arrested in December 2015 for possessing 3.1 liters of cannabis oil, 279 grams of compressed cannabis, and 1.4 kilograms of "substance containing tetrahydrocannabinol (THC)."

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. 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: Trump Calls for "Stop and Frisk" in Chicago, Bangladesh's Bad New Drug Law, More... (10/9/18)

Efforts to establish safe injection sites in Philadelphia and San Francisco hit some bumps in the road, President Trump calls for "stop and frisk" policing in Chicago, and more.

President Trump calls for "stop and frisk" policing in Chicago -- after the city agreed to stop it. (Creative Commons)
Harm Reduction

Pennsylvania Governor Rejects Philadelphia Safe Injection Site Proposal. Even though Philadelphia officials are moving ahead with plans for a safe injection site, having formed a nonprofit last week to oversee the project, Gov. Tom Wolf (D) is not behind the plan. "It's not a workable solution to this problem," he said. "The course that I think we ought to take, and what I'm doing at the state level, is to figure out ways to get people to stop wanting to use those drugs. I would not want to be guilty of spending any public money to give people the sense that this is something that's OK. I just don't think that's a good idea." He and Democratic Attorney General Josh Shapiro worry about conflicting with a 1986 law, the federal "crack house" law that bars the use of a facility "for the purpose of manufacturing, distributing, or using any controlled substance."

San Francisco Mayor Still Weighing Safe Injection Sites, Despite Veto of State Bill. Mayor London Breed (D) is now pondering the city's way forward with a safe injection site after Gov. Jerry Brown (D) last week vetoed a bill that would have put the state of California fully behind the effort. Breed is said to be concerned about threats of possible federal prosecution if the plan moves toward fruition.

Law Enforcement

President Trump Calls for Police "Stop and Frisk" Tactics in Chicago. Speaking to the International Association of Police Chiefs in Orlando Monday, President Trump called on Chicago police to embrace "stop and frisk" policing as a tool to reduce violence in the country's third-largest city. "Stop and frisk" was embraced for years by the New York City police department, but was widely criticized as overwhelmingly aimed at minority populations and ultimately ruled unconstitutional as carried out by the NYPD. "Gotta be properly applied, but stop-and-frisk works," said Trump. The city of Chicago reached an agreement with the American Civil Liberties Union of Illinois in 2015 to curb stop-and-frisk procedures after the ACLU threatened to file a lawsuit over the issue. A spokesman for Mayor Rahm Emanuel (D) blasted Trump for his "clueless" criticism. "Even someone as clueless as Donald Trump has to know stop-and-frisk is simply not the solution to crime," Matt McGrath said in an emailed statement.

International

Bangladesh Moving to Impose Death Penalty for as Little as Five Grams of Meth. The cabinet has approved in principle a draft of the Narcotics Control Act of 2018 that introduces the death penalty for anyone producing, smuggling, distributing, or using more than five grams of methamphetamine. The draft also sets life in prison as the mandatory minimum sentence for such offenses. Less than five grams of meth would merit a sentence of up to 15 years, with a mandatory minimum of five years. The new law also would mandate the death penalty for more than 25 grams of heroin or cocaine.

Trump's Terrible, No Good Plan to Gin Up Worldwide Drug War [FEATURE]

President Trump is in New York City for the United Nations General Assembly, but he's going to kick off his appearance with an unofficial event aimed at promoting a tougher global line on drugs. He will host a meeting on "The World Drug Problem," and countries that have agreed to sign on to a document circulated by the administration, "The Global Call to Action on the World Drug Problem," will be rewarded by being invited to the event and given the opportunity to "participate in a group photo" with the president.

The president goes to the UN to try to push global drug policy backward. (Creative Commons/Gage Skidmore)
"The purpose of this event is to demonstrate international political will to enhance efforts to effectively address and counter the serious threats posed by the world drug problem," says an August 31 diplomatic note first reported by The Intercept.

In that note, the administration says it is already "collaborating" with a couple of dozen countries, but many of them are already proponents of harsh drug policy approaches. At least three of them -- China, Saudi Arabia, and Singapore -- are quick to resort to the death penalty for drug offenders, while others, such as Russia and the United Arab Emirates, are not exactly beacons of progressive drug policy. Yet other countries, including Costa Rica, India, and the United Kingdom, have signed on despite not hewing to draconian drug policy positions -- perhaps just to stay on the right side of the mercurial and vindictive Trump.

Unlike the UN drug policy process, which involves lengthy, finely detailed study, negotiation, and consensus-building among member states and civil society actors, Trump's Global Call is an attempt to impose the administration's hardline drug war positions on other countries. The cover letter accompanying the Global Call makes clear that the text of the document "is not open for discussion."

In Trump's Global Call to Action, states agree to develop "action plans" based on a "four-pronged strategy" of demand reduction, drug treatment, international cooperation, and cutting the supply of illicit drugs that reflects the global drug policy consensus of a decade or two ago -- not today.

Twenty years ago, the UN General Assembly Special Session (UNGASS) on Drugs ended with a call for "a drug-free world." That chimera, of course, never happened, and the UN's political declaration in 2009 ratcheted down the rhetoric, calling merely for demand reduction, supply reduction, and international cooperation -- language strikingly reminiscent of Trump's current Global Call. But by the 2016 UNGASS on Drugs, the global community had moved beyond pure drug war theater, explicitly tying drug policy to human rights, access to health care, and sustainable development and implicitly endorsing harm reduction. The words "harm reduction" didn't make it into the final UNGASS documents, but their spirit was present.

Trump's Global Call also reverts to the sort of "eliminationist" language regarding drug cultivation that many countries have been moving away from. The strategy wants to "reduce" drug demand, but "cut off the supply" of drugs by "stopping" their production. Such language implies the resort to repressive eradication measures aimed at poor peasants in the developing world, a policy that has failed for decade after decade.

Drug policy advocates are raising the alarm over the administration's moves.

"This Global Call to Action is a unilateral move orchestrated by the US government that shows utter disregard for multilateralism and regular UN processes of negotiation and consensus. This is clearly an example of Trump attempting to wade into the international drug policy debate and create a splashy camera-ready opportunity, carefully orchestrated to create the appearance of support from dozens of other countries," said Hannah Hetzer, senior international policy manager at the Drug Policy Alliance.

Holding the event at the UN provides a "veneer of multilateralism and global accord, but these trappings of multilateralism should not be mistaken for a new-found global drug policy consensus," the International Drug Policy Consortium declared. "Far from an effort at achieving mutual understanding and genuine consensus, it is an instance of heavy-handed US 'with us or against us' diplomacy."

The world need not leave global drug policy to the tender mercies of Donald Trump. In fact, it would be better off listening to one of the men who will address the Monday meeting: UN Secretary-General Antonio Guterres. As president of Portugal, Guterres oversaw that country's groundbreaking decriminalization of drug use and possession in 2001.

Or it could listen to the Global Commission on Drug Policy, which consists of the former presidents and prime ministers of Brazil, Chile, Colombia, East Timor, Greece, Malawi, Mexico, New Zealand, Nigeria, Poland, Portugal, and Switzerland. On Monday, the same day that Trump attempts to cement a repressive alliance, the commission is launching its new report, "Regulation: The Responsible Control of Drugs," which calls for reforming the prohibition-based global drug control system and examines how responsible regulation can take control of currently illegal drug markets.

"President Trump is the last person who should be defining the global debate on drug policy. From his support of Philippine President Rodrigo Duterte's brutal drug war to his call for the death penalty for people who sell drugs, Trump has shown complete disdain for human rights and international law," warned Hetzer. "Governments should be very wary of signing on to this document and showing up for the photo op at Trump's event."

[Disclosure: Drug Policy Alliance is a funder of the organization that publishes this newsletter.]

Chronicle AM: Malaysia Death Sentence for Cannabis Oil, OH MedMJ Delays, More... (9/5/18)

A Malaysian court has sentenced a man to death for providing cannabis oil to patients, a group of lawmakers asks the VA to study medical marijuana as an alternative to opioids, and more.

Ohio medical marijuana patients will have to wait a little longer.
Medical Marijuana

Lawmakers Ask VA Secretary to Research Marijuana as Alternative to Opioids. A bipartisan group of legislators sent a letter last Thursday to Veterans Affairs Secretary Robert Wilkie asking him to begin a "rigorous clinical trial" of medical marijuana for PTSD and chronic pain. "We believe VA has the authority, ability, and capacity to carry out such a study," they wrote. "Many of our nation's veterans already use medicinal cannabis, and they deserve to have full knowledge of the potential benefits and side effects of this alternative therapy." Signatories to the letter were Rep. Phil Roe (R-TN), Sen. Dan Sullivan, (R-AK), along with Democrats Sen. Jon Tester of Montana and Rep. Tim Walz of Minnesota.

Ohio Regulators Say State Will Not Meet Saturday Deadline for Medical Marijuana. Officials with the State Medical Board, Board of Pharmacy, and Board of Commerce say they will not be able to meet a Saturday deadline for getting the state's medical marijuana program up and running. Some licenses have been issued, but no growers yet have crops ready to go to market.

Utah Initiative Campaign Files Election Complaint Over Opposition Radio Ad. The Utah Patients Coalition Tuesday filed a complaint with the lieutenant governor's office about an ad from Drug Safe Utah that declares "Prop 2 is actually about recreational use and not medical." "DSU has published a false statement in relation to Prop 2, a ballot measure, that will affect how people vote in the November election. We therefore request the Elections Division to order DSU to immediately cease and desist all such claims regarding Prop 2 being an attempt to legalize 'recreational use,'" the complaint reads. Drug Safe Utah said it stood by its ad.

International

Death Sentence for Malaysia Man Who Gave Patients Free Cannabis Oil. A Malaysian court has sentenced a man to death for processing cannabis oil and distributing it to patients. Muhammed Lukman was sentenced on August 30 after being convicted of possessing, processing, and distributing cannabis oil. There is no allegation that Lukman profited from his activities, but he was still found guilty of violating a provision of the country's Dangerous Drug Act that mandates the death penalty. Malaysia is one of at least 33 countries that resort to the death penalty for drug offenses.

EVENT: Human Rights Challenge: Judicial and Extrajudicial Drug War Killings, in a Time of Authoritarianism

Human Rights Challenge: Judicial and Extrajudicial Drug War Killings, in a Time of Authoritarianism
side event at the UN High Level Political Forum on Sustainable Development
Church Center of the United Nations, 1st Avenue & 44th Street, 10th Floor
July 16, 2018, noon-2:00pm ET
RSVP to [email protected] (requested but not required)

The rise of authoritarian or authoritarian-leaning political figures has been accompanied, in some cases driven, by calls for both sanctioned and extra-legal government violence in their crime and drug policies. The most noted example is that of extrajudicial drug war killings in the Philippines under President Rodrigo Duterte. But similar killings have begun in Indonesia and Bangladesh, and high-level political figures in countries including Malaysia and Turkey have called for extra-legal violence by law enforcers. In March of this year, President Trump called for the death penalty for some drug offenses, and Attorney General Sessions issued a memo calling for use of two never prosecuted drug death penalties provisions of dubious constitutionality.

A devolution into governmental barbarism would threaten the achievement of a variety of components of the UN's Sustainable Development Goals for 2030, in the areas of health, rule of law, equal justice, peace, and strong institutions.

This panel will discuss what the needed partnerships may be for fending off such a scenario. Sectors or institutions of possible discussion include the ICC, UN human rights bodies, national human rights institutions, courts, public interest/human rights law, drug abuse services, the philanthropic sector, and media, among others. The event is the third in a series, the first two of which took place at the Commission on Narcotic Drugs 2017 and 2018 meetings in Vienna.

Speakers (subject to change):

  • Justine Balane, International Secretary, Akbayan Youth, Philippines (via Skype)
  • Agnès Callamard, UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions (via Skype)
  • Senator Risa Hontiveros, Republic of the Philippines (video – invited)
  • Jason Wright, Professor of Practice, Washington & Lee School of Law
  • Moderated by David Borden, Executive Director, StoptheDrugWar.org

Sponsored by DRCNet Foundation (AKA "StoptheDrugWar.org"). Cosponsored by:

  • Asian Network of People Who Use Drugs
  • Dianova International
  • Ecumenical Advocacy Network on the Philippines
  • FAAAT.net - French Alternatives on Addiction And Toxicomanies
  • Fields of Green for All
  • Filipino American Human Rights Alliance
  • Help Not Handcuffs
  • Housing Works
  • International Coalition for Human Rights in the Philippines
  • Netherlands Drug Policy Foundation
  • New York NGO Committee on Drugs
  • Northern California Chapter, National Ecumenical-Interfaith Forum for Filipino Concerns
  • REDUC - Brazilian Harm Reduction and Human Rights Network
  • Samuel DeWitt Proctor Conference
  • Students for Sensible Drug Policy
  • United Methodist Church-General Board of Church and Society
  • Zimbabwe Civil Liberties and Drug Network
Location: 
777 UN Plaza
New York, NY
United States

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School