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Chronicle AM: San Francisco, LA Pass Legal Weed Rules, Sales Begin Next Month, More... (12/7/17)

California's big cities clear the way for legal weed sales, California's small marijuana farmers worry about big grower competition, Delaware cops want pot people's guns, and more.

Marijuana Policy

California NORML Recommends Priority Licensing for Small-Scale & Outdoors Cultivators. The marijuana activist group is calling on state regulators to create a licensing priority scheme that would favor small outdoor grows of up to an acre over both indoor mixed lighting and indoor high-intensity lighting operations and leave large-scale operations out of consideration. The group fears that emergency licensing regulations as written could "open the door to large-scale, industrial mega-grows that could monopolize California's limited available acreage, exacerbate environmental harm, and stifle participation by smaller growers."

Los Angeles City Council Approves Legal Marijuana Rules, Sales Set for January 1. The city council agreed Wednesday to a package of regulations for legal marijuana commerce, clearing the way for legal sales to begin on January 1. The approved rules include a "social equity" program aimed at prioritizing communities that have historically been affected by the war on drugs. Under that program, cannabusiness operators that meet "social equity" criteria would be moved to the head of the line for license applications.

San Francisco Mayor Approves Legal Marijuana Rules, Sales Set for January 6. Mayor Ed Lee Wednesday signed into law legislation setting rules for legal marijuana commerce in the city. But because the city has been slow in reaching agreement on the pot rules, it won't quite be ready on January 1. Instead, city officials are looking at January 6 as the legal sales date.

Delaware Police Look at Gun Ban for Marijuana Users. Law enforcement officials Wednesday told a task force studying legalization that marijuana users should be forced to have an endorsement on their drivers' licenses indicating they use marijuana to help ensure that they cannot own guns. "It would make sure that we are doing everything we can to ensure that prohibited people are not buying firearms in Delaware," he explained after the meeting.

Indiana Prosecutors Formally Oppose Marijuana Legalization. The Association of Indiana Prosecuting Attorneys, Inc. formally opposed the legalization of marijuana in any form for any reason at a news conference in Indianapolis Wednesday. Also on hand were the Boone County Sheriff's Department, the Indiana Chamber of Commerce, and the anti-legalization group Smart Approaches to Marijuana (SAM).

Heroin and Prescription Opioids

Senator Manchin Calls on FDA to Adopt Changes in Opioid Fight. Sen. Joe Manchin (D-WV) has sent a letter to Food and Drug Administration Commissioner Dr. Scott Gottlieb calling for three major changes in opioid policy. Manchin wants mandatory and continuing education for healthcare providers, a review of every opioid on the market, and for the FDA to remove one opioid from the market for each new one it approves.

International

Dutch Justice Officials Accused of Interfering With Marijuana Research to Advance Their Political Agenda. Senior justice ministry officials are accused of interfering with research on marijuana tourism. According to a whistleblower, researchers concluded that a policy of repression and banning sales to foreigners was not needed because there was very little actual nuisance from drug tourism in many places. But ministry officials didn't like those conclusions, so they deleted research questions and removed an entire chapter with conclusions and recommendations on a better policy. This took place under then Justice Minister Ivo Opstelten. Current Justice Minister Ferdinand Grapperhaus said Thursday he had commissioned an external inquiry in the matter.

Looking Back: The Biggest Domestic Drug Policy Stories of the Past 20 Years [FEATURE]

As Drug War Chronicle marks the publication of its 1,000th issue (with yours truly having authored 863 of them going back to 2000), we reflect on what has changed and what hasn't in the past couple of decades. This piece recounts our domestic drug policy evolution in the US; a companion piece looks at the international picture.

A lot has happened. We've broken the back of marijuana prohibition, even if we haven't killed it dead yet; we've seen medical marijuana gain near universal public acceptance, we've seen harm reduction begin to take hold, we've fought long and hard battles for sentencing reform -- and even won some of them.

But it hasn't all been good. Since the Chronicle began life as The Week Online With DRCNet back in 1997, more than 30 million people have been arrested for drugs, with all the deleterious consequences a drug bust can bring, and despite all the advances, the drug war keeps on rolling. There's been serious progress made, but there's plenty of work left to do. 

Here are the biggest big picture drug stories and trends of the past 20 years:

1. Medical Marijuana

It was November, 1996, when California became the first state to legalize medical marijuana, five years after San Francisco became the first city in the country to pass a medical marijuana measure, thanks in large part to the efforts of activists who mobilized to make its use possible for AIDS patients. Two years later, Alaska, Oregon, and Washington came on board, and three years after that, Hawaii became the first state to allow it though the legislative process. Now, 29 states, the District of Columbia, Guam, and Puerto Rico allow for the use of medical marijuana, and public support for medical marijuana reaches stratospheric levels in polls.

But the battle isn't over. The federal government still refuses to officially recognize medical marijuana, potentially endangering the progress made so far, especially under the current administration, efforts to reschedule marijuana to reflect its medical uses remain thwarted, some of the more recent states to legalize medical marijuana have become perversely more restrictive, and in some of the more conservative states, lawmakers attempt to appease demands for medical marijuana legalization by passing extremely limited CBD-only laws.

2. Marijuana Legalization: In the War on Weed, Weed is Winning

Twenty years ago, pot wasn't legal anywhere, and Gallup had public support for legalization at a measly 25%. A lot has changed since then. It took repeated tries, but beginning in 2012, states started voting to free the weed, with Colorado and Washington leading the way, Alaska and DC coming on board in 2014, and California, Maine, Massachusetts, and Nevada joining the ranks last year. Now, about a fifth of the country has legalized weed, with more states lining up to do so next year, including most likely contenders Delaware, Michigan, New Jersey, and Vermont.

Now, Gallup has support for legalization at 64% nationwide, with even a slight majority (51%) of Republicans on board. The only demographic group still opposed to pot legalization is seniors, and they will be leaving the scene soon enough. Again, the battle is by no means over. Marijuana remains illegal under federal law, and congressional efforts to change that have gone nowhere so far. But it seems like marijuana has won the cultural war, and the rest is just cleaning up what's left of the pot prohibition mess.

3. Marijuana, Inc.: The Rise of an Industry

State-legal marijuana is already a $10 billion dollar a year industry, and that's before California goes on line next month. It's gone from outlaws and hippie farmers in the redwoods to sharp-eyed business hustlers, circling venture capitalists, would-be monopolists, and assorted hangers on, from accountants, lawyers, and publicists to security and systems mavens, market analysts, and the ever-expanding industry press.

These people all have direct pecuniary interests in legal marijuana, and, thanks to profits from the golden weed, the means to protect them. Marijuana money is starting to flow into political campaigns and marijuana business interests organize to make sure they will continue to be able to profit from pot.

Having a legal industry with the wherewithal to throw its weight around a bit is generally -- but not entirely -- a good thing. To the degree that the marijuana industry is able to act like a normal industry, it will act like a normal industry, and that means sometimes the interests of industry sectors may diverge from the interests of marijuana consumers. The industry or some parts of it may complain, for instance, of the regulatory burden of contaminant testing, while consumers have an interest in knowing the pot they smoke isn't poisoned.

And getting rich off weed is a long way from the justice-based demand that people not be harassed, arrested, and imprisoned for using it. Cannabis as capitalist commodity loses some of that outlaw cachet, some ineffable sense of hipster cool. But, hey, you're not going to jail for it anymore (at least in those legal states).

4. The Power of the People: The Key Role of the Initiative Process

The initiative and referendum process, which lets activists bypass state legislatures and put issues to a direct popular vote, has been criticized as anti-democratic because it allows special interests to use an apathetic public to advance their interests, as both car insurers and tobacco companies have attempted in California. It also gets criticized for writing laws without legislative input.

But like any political tool, it can be used for good or ill, and when it comes to drug reform, it has been absolutely critical. When legislatures refuse to lead -- or even follow -- as has been the case with many aspects of drug policy, the initiative process becomes the only effective recourse for making the political change we want. It was through the initiative process that California and other early states approved medical marijuana; it was five years later that Hawaii became the first state where the legislature acted. Similarly with recreational marijuana legalization, every state that has legalized it so far has done it through the initiative process; in no state has it yet made its way through the legislature, although we're hoping that will change next year.

And it's not just marijuana. The initiative process has also been used successfully to pass sentencing reforms in California, and now activists are opening the next frontier, with initiatives being bruited in California and Oregon that would legalize psychedelic mushrooms.

The bad news: Only 24 states have the initiative process. The good news: The ones that do lead the way, setting an example for the others.

Drug prohibition can't be separated from the larger struggle for racial and social justice. (Creative Commons)
5. The Glaring Centrality of Race

It took Michelle Alexander's 2010 publication of The New Jim Crow: Mass Incarceration in the Age of Colorblindness to put a fine point on it, but the centrality of race in the prosecution of the war on drugs has been painfully evident since at least the crack hysteria of the 1980s, if not going back even further to the Nixonian law-and-order demagoguery of the late 1960s and early 1970s.

We've heard the numbers often enough: Blacks make up about 13% of the population and about 13% of drug users, but 29% of all drug arrests and 35% of those doing state prison time for drugs. And this racial disparity in drug law enforcement doesn't seem to be going away.

Neither is the horrendous impact racially-biased drug law enforcement has on communities of color. Each father or mother behind bars leaves a family exploded and usually impoverished, and each heavy-handed police action leaves a bitter aftertaste.

The drug war conveyor belt, feeding an endless number of black men and women into the half-life of prison, is clearly a key part of a system of racially oppressive policing that has led to eruptions from Ferguson to Baltimore. If we are going to begin to try to fix race relations in this country, the war on drugs is one of the key battlefronts. Thanks in part to Alexander's bestseller, civil rights organizations from the traditional to newer movements like Black Lives Matter have devoted increasing focus to criminal justice, including drug policy reform.

6. Harm Reduction Takes Hold

We don't think teenagers should be having sex, but we know they're going to, anyway, so we make condoms available to them so they won't get pregnant or STDs. That's harm reduction. So is providing clean needles to injection drug users to avoid the spread of disease, making opioid overdose drugs like naloxone widely available so a dosing error doesn't turn fatal, passing 911 Good Samaritan laws to encourage and OD victims' friends to call for help instead of run away, and providing a clean, well-lit place where drug users can shoot or smoke or snort their drugs under medical supervision and with access to social service referrals.

Two decades ago, the only harm reduction work going on was a handful of pioneering needle exchanges, thanks to folks like Dave Purchase at the North American Syringe Exchange Network (founded in 1988), and early activists faced harassment and persecution from local authorities. But it was the creation of the Harm Reduction Coalition in 1993 that really began to put the movement on the map.

In this century, harm reduction practices have gained ground steadily. Now, 33 states and DC allow needle exchange programs to operate, 40 states and DC have some form of 911 Good Samaritan laws, and every state in the county has now modified its laws to allow greater access to naloxone.

The next frontier for American drug war harm reduction is safe injection sites, and on the far horizon, opiate-assisted maintenance. There is not yet a single officially sanctioned operating safe injection in the country, but we are coming close in cities such as Seattle and San Francisco. And let's not forget drug decriminalization as a form of harm reduction. It should be the first step, but that's not the world we live in -- yet.

7. Sentencing Fever Breaks

Beginning in the Reagan years and continuing for decades, the number of prisoners in America rose sharply and steadily, driven in large part by the war on drugs. The phenomenon gained America infamy as the world's biggest jailer, whether in raw numbers or per capita.

But by early in the century, the fever had broken. After gradually slowing rates of increases for several years, the number of state and federal prisoners peaked around 2007 and 2008 at just over 1.6 million. At the end of 2015, the last year for which data is available, the number of prisoners was 1.527 million, down 2% from the previous year. And even the federal prison system, which had continued to increase in size, saw a 14% decline in population that year.

But most drug war prisoners are state prisoners, and that's where sentencing reform have really begun to make a difference. States from California to Minnesota to Texas, among others, enacted a variety of measures to cut the prison population, in some cases because of more enlightened attitudes, but in other cases because it just cost too damned much money for fiscal conservatives.

Current US Attorney General Jeff Sessions would like very much to reverse this trend and is in a position to do some damage, for instance, by instructing federal prosecutors to pursue tough sentences and mandatory minimums in drug cases. But he is hampered by federal sentencing reforms passed in the Obama era. Sessions may be able to bump up the number of people behind bars only slightly; the greater danger is that his policies serve as an inspiration for similarly inclined conservatives in the states to try to roll back reforms there.

8. The Rise (and Fall) of the Opioids

In 1996, Purdue Pharma introduced Oxycontin to the market. The powerful new pain reliever was pitched to doctors as not highly addictive by a high pressure company sales force and became a tremendous market success, generating billions for the Sackler family, the owners of the company. Opioid prescriptions became more common.

For many patients, that was a good thing. Purdue Pharma's marketing push coincided with a push by chronic pain advocates -- patients, doctors and others -- to ease prescribing restrictions that had kept many patients in feasibly treatable pain. And which in many cases still do: A 2011 report by the Institute of Medicine found that while "opioid prescriptions for chronic noncancer pain [in the US] have increased sharply . . . [tlwenty-nine percent of primary care physicians and 16 percent of pain specialists report they prescribe opioids less often than they think appropriate because of concerns about regulatory repercussions." As the report noted, having more opioid prescriptions doesn't necessarily mean that "patients who really need opioids [are] able to get them."

While it's popular to blame doctors and Big Pharma for getting a bunch of pain patients addicted to opioids, that explanation is a bit too facile. Many of the people strung out today were never patients, but instead obtained their pain pills on the black market. Through a perverse system of incentives, people on Medicaid could obtain the pills by prescription for next to nothing, then resell them for $40 or $60 apiece to people who wanted them. Some pain management practices were on the cutting edge of relieving pain for patients who needed the help. But others were little more than shady pill mills, popping up in places like Ohio, Kentucky, and Florida -- places that would become the epicenter of an opioid epidemic within a few years.

When the inevitable crackdowns on pain pill prescribing came, legitimate prescribers of course got caught in the crossfire sometimes, especially those who served the poor or the patients who in the worst chronic pain. Their being targeted, or others reining in their prescribing practices, left many patients in the lurch again. And the closure of pill mills left addicted people in the lurch. But there was plenty of heroin to make up for the missing pills the addicted used to take. Mexican farmers have been happy to grow opium poppies for the American market for decades, and Mexican drug trafficking organizations know how to get it to market.

The whole thing has been worsened by the arrival of fentanyl, a synthetic opioid dozens of times stronger than pure heroin, which seems to be coming mostly from rogue Chinese pharmaceutical labs (although the Mexicans appear to be getting in on the act now, too).

And now we have a drug overdose crisis like the country has never seen before, with around 60,000 people estimated to die from overdoses this year, most of them from opioids (by themselves or in combination with alcohol and/or other drugs). The crisis is inspiring both admirable harm reduction efforts and an execrable turn to harsher punishments, while making things harder again for many pain patients. While many argue that the gentle side of the response to this epidemic is because the victims are mainly white, I would suggest that argument pays short shrift to all the years of hard work advocates and activists of all ethnicities have put in to creating more enlightened drug policies.

9. Policing for Profit: The Never Ending Fight to Rein in Asset Forfeiture

Twenty years ago, pressure was mounting in Washington over abuses of the federal civil asset forfeiture program, just as it is now. Back then, passage of the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 marked an important early victory in the fight to rein in what has tartly described as "policing for profit." It was shepherded though the house by then Judiciary Committee Chairman Rep. Henry Hyde, an Illinois Republican.

How times have changed. Now, with federal agents seizing billions of dollars each year though civil forfeiture proceedings and scandalous abuse after scandalous abuse pumping up the pressure for federal reform, the Republican attorney general is calling for more asset forfeiture. And Jeff Sessions isn't just calling for it; he has undone late Obama administration reforms aimed at reining in one of the sleaziest aspects of federal forfeiture, the Equitable Sharing program, although he is having problems getting Congress to go along.

In the years since CAFRA, a number of states have passed similar laws restricting civil asset forfeiture and directing that seized funds go into the general fund or other designated funds, such as education, but state and local police have been able to evade those laws via Equitable Sharing. Under that program, instead of seizing money under state law, they instead turn it over to the federal government, which then returns 80% of it to the law enforcement agency -- not the general fund and not the schools.

This current setup, with its perverse incentives for police to evade state laws and pursue cash over crime, makes asset forfeiture reform a continuing battlefield at both the state and the federal levels. A number of reform bills are alive in the Congress, and year by year, more and more states pass laws limiting civil asset forfeiture or, even better, eliminating it and requiring a criminal conviction before forfeiture can proceed. Fourteen states have now done that, with the most recent being Connecticut, New Mexico and Nebraska. That leaves 36 to go.

10. Despite Everything, the Drug War Grinds On

We have seen tremendous progress in drug policy in the past 20 years, from the advent of the age of legal marijuana to the breaking of sentencing fever to the spread of harm reduction and the kinder, gentler treatment of the current wave of opioid users, but still, the drug war grinds on.

Pot may be legal in eight states, but that means it isn't in 42 others, and more than 600,000 people got arrested for it last year -- 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.

There are more options for treatment or diversion out of jail or prison, but people are still getting arrested. Sentencing reforms mean some people won't do as much time as they did in the past, but people are still getting arrested. And the drug war industrial complex, with all its institutional inertia and self-interest, rolls on. If we want to actually end the drug war, we're going to have to stop arresting people for drugs. That would be a real paradigm shift.

Chronicle AM: MA Drops 6,000 More Tainted Drug Cases, German MJ Petition Scores, More... (12/1/17)

Washington state ponders allowing home marijuana cultivation, Michigan legalizers are drawing organized opposition, Ohio's medical marijuana program takes another step forward, and more.

The Michigan legalization initiative is getting organized opposition, including from medical marijuana interests.
Marijuana Policy

Michigan Legalization Initiative Drawing Organized Opposition. At least two groups are gearing up to fight the legalization initiative that now looks very likely to qualify for the November 2018 ballot. One group, Healthy and Productive Michigan, is led by a Republican-connected political consultant and claims to represent business, faith, and law enforcement groups opposed to legalization. The other group, the Committee to Keep Pot Out of Neighborhoods, appears to have a purely pecuniary interest: It is funded by the Michigan Responsibility Council, a group of businessmen who want to get into the medical marijuana business.

New Jersey Lawmaker Files Bill to Require Blood Samples of Suspected DUID Drivers. Assemblyman Anthony Bucco (R-Morris) has filed a bill that would require police officers to take blood samples from anyone arrested for drug-impaired driving. "This bill will be a useful tool for law enforcement in their efforts to prosecute and convict people who refuse to be tested and who are likely driving while impaired," Bucco said in a statement. "Driving under the influence of marijuana should be treated no differently than driving under the influence of alcohol." The move comes as a push for legalization is about to get underway in the legislature.

Washington State Regulators Release Report on Home Grow Issues. The state Liquor and Cannabis Board released a report Wednesday on the potential costs and challenges associated with allowing personal marijuana cultivation. Washington is the only legal marijuana state that does not allow for home cultivation. The report doesn't make any recommendations, but includes a list of concerns lawmakers will need to address if they do try to change the law.

Medical Marijuana

Ohio Licenses Another Dozen Large Medical Marijuana Grow Ops. State regulators licensed a final 12 medical marijuana cultivators Wednesday. They licensed a first dozen cultivators earlier this year. Each of the large growers can grow up to 25,000 square feet. They now have nine months to get up and running, with sales set to begin in September.

Heroin and Prescription Opioids

West Virginia Seeks Public Input on Opioid Policy. The state Department of Health and Human Resources Office of Drug Control Policy announced Thursday it had developed a plan to combat the opioid epidemic, but it is asking state residents to help develop the plan through public comment and recommendations through December 15. The office is also coordinating with a panel of public health experts from West Virginia University, Marshall University and Johns Hopkins University.

Law Enforcement

Massachusetts Prosecutors Drop Another 6,000 Tainted Drug Cases. Local prosecutors have dropped more than 6,000 drug cases tainted by former state public chemist Sonja Frank. The move comes months after prosecutors dropped another 21,000 cases tainted by another state public chemist, Annie Dookhan.

International

German Activist Petitions Will Force Bundestag Debate on Marijuana Legalization. A petition from the German Hemp Association has reached the required threshold of 50,000 signatures to trigger a debate in the Bundestag. That doesn't mean the Bundestag will legalize marijuana, but it does mean it will have to put the issue on its agenda.

. Scottish Parliamentarians Call for New Approaches to Stop Overdoses. Members of parliament from all five Scottish parties united to call on Scotland's Futures Forum, parliament's independent think tank, to come up with fresh policy solutions to stem a rising overdose toll. "Drugs and drugs policy is one of the biggest issues facing communities across Scotland," said Labor MP Neil Findlay. "None of the signatories to this letter has the answer but we are willing to say that whatever we are doing at the moment just isn't working."

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: GA County Pays Big Time for School Drug Raid, Afghan Opium Crop Up, More... (11/16/17)

California gets ready for legal marijuana, Michigan gets ready to put a legalization initiative on the ballot, a Georgia county pays bigtime for a raid on school students, Afghan opium production nearly doubles, and more.

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

California Announces Emergency Licensing Regs for Legal Marijuana Commerce. The state's three marijuana licensing authorities announced Thursday that they have posted online proposed emergency licensing regulations for the era of legal marijuana commerce beginning January 1. The Bureau of Cannabis Control regulations are available here; the Department of Food and Agriculture regulations are available here; and the Department of Public Health regulations are available here.

Michigan Initiative Campaign Has Signatures, Needs to Pay for Them. The campaign to put a legalization initiative on the November 2018 ballot said Wednesday it had gathered more than 360,000 raw signatures, well more than the 252,000 required by law, but that it needed to raise $30,000 to pay off a signature-collection firm before it can turn in the signatures. The campaign said it expected to be able to hand in signatures before Thanksgiving.

San Francisco Won't Be Ready for Legal Pot Sales on January 1. Oh, irony of ironies, the city that was ground zero for the marijuana reform movement won't be ready to allow marijuana sales on January 1, when legal sales begin statewide. In a Tuesday meeting, the Board of Supervisors failed to agree on regulations governing sales, postponing further discussion of the rules until November 28, and virtually ensuring that rules will not be in place by January 1.

Medical Marijuana

Kentucky Secretary of State Forms Panel to Write Medical Marijuana Bill. Secretary of State Alison Grimes (D) said Wednesday that she is putting together a panel to write a bill that would legalize medical marijuana in the state. The panel will include doctors, nurses, military veterans, medical marijuana advocates, and law enforcement. The aim is to have a bill ready for the 2018 legislative session.

Montana Released New Proposed Rules for Medical Marijuana Industry. The state Health Department Thursday released a pack of of proposed rules for the medical marijuana industry, which will be the subject of a public hearing later this month. The rules cover regulation of areas such as employment, product testing and tracking, security, and fees.

Drug Testing

Department of Transportation Adds Opioids to Truck Driver Drug Testing Panel. The DOT issued a final rule Monday that will expand its drug testing panel for DOT-regulated industries to include hydrocodone, hydromorphone, oxymorphone, and oxycodone. The agency said the move was "a direct effort to enhance safety, prevent opioid abuse and combat the nation's growing opioid epidemic." The rule goes into effect on January 1.

Law Enforcement

Georgia County to Pay $3 Million to Students in School-Wide Drug Search. Worth County, Georgia, has agreed to pay $3 million to settle a lawsuit brought on behalf of students who were subjected to a school-wide lockdown during a drug sweep in April. Each Worth County High School Student will receive between $1,000 and $6,000, with the higher amounts going to students who suffered more invasive violations. "This settlement is a victory for the hundreds of Worth County students whose constitutional rights were violated," Mark Begnaud, an attorney for one of the students, told UPI.

International

Afghan Opium Output Nearly Doubled This Year. Opium production in Afghanistan hit a record level of nearly 10,000 tons this year, up 87% from last year. The area under poppy cultivation also increased, up 63% over last year. The figures are coming from the Afghan Ministry of Counter Narcotics and the UN Office on Drugs and Crime. "It is high time for the international community and Afghanistan to reprioritize drug control, and to acknowledge that every nation has a shared responsibility for this global problem," UNODC Executive Director Yury Fedotov said in a statement.

Drug-Induced Homicide Charges Draconian and Ineffective, Study Finds [FEATURE]

A new report from the Drug Policy Alliance shines a harsh spotlight on a strategy that some police, prosecutors, and elected officials are embracing in response to the opioid overdose crisis -- charging sellers with drug-induced homicide -- which the evidence suggests is intensifying, rather than helping, the problem.

James Linder, 28 years for drug induced homicide. (DPA)
The opioid overdose crisis is real enough -- a record of more than 60,000 people died of drug overdoses last year, most of them from opioids -- but claims that charging drug sellers with murder is an effective deterrent are unproven, according to the report, An Overdose Death Is Not Murder: Why Drug-Induced Homicide Laws Are Counterproductive and Inhumane.

Instead, such laws actually deter people not from selling drugs but from seeking life-saving medical assistance in case of overdose. That's because drug-induced homicide prosecutions typically don't target high-level "kingpins," but zero in on the very people best positioned to actually save lives in the event of an overdose: family, friends, and low-level drug sellers, often addicts themselves.

Like Amy Shemberger. In August 2014, she took a ride to score some heroin for herself and her boyfriend, Peter Kucinski. She snorted one bag on the way home and gave the other to Peter when she got home. Suffering from severe alcohol withdrawal, he needed the heroin to feel better. He snorted a $10 bag, then stopped breathing. Amy called 911, but it was too late, and her boyfriend of 18 years was gone -- and then so was their 5-year-old son, taken into custody by child protective services.

Two months later, Amy was charged with drug-induced homicide for sharing her score with her life partner. She's now serving seven years in state prison.

Amy Shemberger is not an outlier. Police and prosecutors routinely abuse their discretion by going after the people best positioned to actually save the lives of overdose victims -- their friends, family members, fellow drug users, and small-time drug sellers. The report offers several examples: In New Jersey, 25 of 32 drug-induced homicide prosecutions in the 2000s targeted friends of the victims who were not involved in significant drug sales. In Wisconsin, 90% of the most recent cases targeted friends or relatives of the victim. In Illinois, a study of these prosecutions found that prosecutors typically charged the last person known to be with the victim.

And, as with everything else in the war on drugs, it's worse if you're not white. Hampered by a felony record, when James Linder, 36, lost his job at a bakery, he resorted to selling small amounts of drugs, making enough money to get a haircut for his son and to help out his sister. But in January 2015, he sold three packets of heroin to Cody Hillier. Hillier's girlfriend, Danielle Barzyk died of an overdose later that same day. Despite never even metting Barzyk, Linder was charged with drug-induced homicide in her death. He was sentenced by an all-white jury in rural Illinois. Unlike Shemberger, he didn't get seven years; he got 28 years in prison.

Linder and Schemberger are by no means alone. Drug-induced homicide laws, originally passed in the depths of 1980s drug war excess, lay largely dormant until rising drug overdose numbers led police and prosecutors to revive them. Currently 20 states -- Delaware, Colorado, Florida, Illinois, Kansas, Louisiana, Michigan, Minnesota, New Hampshire, New Jersey, North Carolina, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Vermont, Washington, West Virginia, Wisconsin, and Wyoming -- have drug-induced homicide laws on the books. Other states without such laws also manage to charge these people with the offense of drug delivery resulting in death under various felony-murder, depraved heart, or involuntary or voluntary manslaughter laws.

"This is a wasteful, punitive policy that compounds the tragedy of an overdose by locking up even more people in the name of the failing war on drugs," said Lindsay LaSalle, senior staff attorney at the Drug Policy Alliance and author of the report. "By placing the blame for an overdose death on the single person who supplied the drugs, all the structural factors that lead to addiction and overdose are ignored, as are the solutions that could actually make a difference. While there's no evidence in support of the effectiveness of drug-induced homicide laws, the good news is that there are proven health and harm reduction interventions that can save lives."

Those include policies and practices such as 911 Good Samaritan laws, which protect people reporting drug overdoses from arrest; expanded access to the opioid overdose reversal drug naloxone (Narcan), expanded access to opioid-assisted treatment, and expansion of harm reduction programs such as supervised drug injection sites, where users can shoot up under medical supervision and be connected with social service agencies.

There is no national database of drug-induced homicide prosecutions, so the Drug Policy Alliance report relied on media mentions of such cases to chart their spread. It found 363 articles mentioning such cases in 2011, but by 2016, that number had jumped to 1,178, a 300% increase in just five years. And this without any evidence of their effectiveness in reducing drug use or sales or preventing overdose deaths.

The resort to drug-induced homicide charges varies from state to state. Midwestern states such as Wisconsin, Ohio, Illinois, and Minnesota have been the most aggressive in prosecuting drug-induced homicides, with northeastern states Pennsylvania, New Jersey, and New York and southern states Louisiana, North Carolina, and Tennessee rapidly expanding their use of these laws. And the move remains politically popular: This year alone, elected officials in at least 13 states -- Connecticut, Idaho, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New York, Ohio, South Carolina, Tennessee, Virginia, and West Virginia -- introduced bills to create new drug-induced homicide offenses or strengthen existing drug-induced homicide laws.

But the increased criminalization of people who use and sell drugs only exacerbates the very problem prosecutors are supposedly trying to address. It increases stigma, drives people away from needed care, and will likely result in the same racial disparities now synonymous with other drug war tactics.

"This is no time to ratchet up enforcement responses to addiction and overdose -- we can't afford to repeat the mistakes of the past," warned LaSalle. "Overdose deaths are skyrocketing and it could be your loved one who dies from a preventable drug overdose, simply because someone was too scared to call 911."

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: CA Magic Mushroom Initiative Approved for Signature Gathering, More... (11/7/17)

The Maine legislature fails to override the governor's veto of the pot regulation bill, a California initiative to legalize magic mushrooms gets the okay for signature gathering, North Dakotans will wait another year for their medical marijuana, and more.

These could be legal in California soon if an initiative makes the ballot and is approved by voters. (Wikimedia)
Marijuana Policy

Maine House Fails to Override Veto of Marijuana Regulation Bill. The House voted Monday to sustain Gov. Paul LePage's (R) veto of a bill providing a legal regulatory framework for marijuana commerce. What happens next is unclear. A moratorium on recreational sales expires on February 1. The legislature reconvenes in January, but there is little indication political dynamics will change between now and then. If the moratorium is not extended and a new bill passed, the law as passed by voters in 2016 would go into effect. "I feel like we legalized gasoline, but not gas stations," Rep. Martin Grohman told the Portland Press-Herald.

Medical Marijuana

North Dakota Says Medical Marijuana Still a Year Away. The state Health Department Monday announced proposed administrative rules for such things as lab testing, security requirements, and transportation regulations, and added that the proposed rules will be open for public comment until December 26. The department also said it doesn't expect the drug to be available for sale to patients for another year -- two years after it was approved by voters.

Heroin and Prescription Opioids

Florida's Largest Insurer Stops Covering Oxycontin. The state's largest health insurance company will stop covering OxyContin, the brand name prescription opioid, beginning January 1, in a bid to reduce overdoses and opioid dependence. Instead, Florida Blue will start covering an alternative opioid that isn't crushable for injection or snorting, reducing its potential for abuse, the company said Monday. That other drug is Xtampza ER, which also contains oxycodone, but which is designed to deter abuse because the pills cannot be crushed for snorting or injection.

Psychedelics

California Magic Mushroom Legalization Initiative Approved for Signature Gathering. An initiative that would legalize psilocybin, the psychoactive ingredient in magic mushrooms, has been approved for signature gathering by state officials. The California Psilocybin Legalization Initiative needs 365,880 valid voter signatures by April 30 to qualify for the November 2018 ballot.

Sentencing

Massachusetts Sentencing Reform Bill Filed. House leaders Monday proposed sweeping changes to the state's criminal justice and sentencing laws. It's a mixed bag: Some provisions would allow for the expungement of marijuana offenses and end some mandatory minimum drug sentences, but others would increase sentences for dealing in opioids. The bill also includes pre-trial diversion programs and bail reforms. The House will debate the measures next week. The Senate has already passed its own version of a criminal justice reform bill.

International

Canada's Newest Safe Injection Site Approved in Ottawa. Health Canada has given final approval for a safe injection site in Ottawa, which will be housed in a trailer in a hospital parking lot. Operators said they expected to begin welcoming clients today.

Dutch Localities Line Up for Regulated Marijuana Cultivation Pilot Project. Some 25 of the country's 380 local authorities have applied to participate in pilot schemes to allow the regulated growth of marijuana to supply the nation's fabled cannabis cafes. Among those councils which have come forward are Breda, the Noord-Brabant town of Cuijk, and Rotterdam, where mayor Ahmed Aboutaleb wants the experiment to cover distribution as well. The government is expected to announce which locales win spots in the pilot program next year.

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

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

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

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

Medical Marijuana

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

Heroin and Prescription Opioids

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

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

Harm Reduction

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

Sentencing

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

International

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

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

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

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

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

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

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

Heroin and Prescription Opioids

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

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

Foreign Policy

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

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

International

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

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