Congress

RSS Feed for this category

Chronicle AM: Bill to End Federal Man Mins Filed, CA Calls for Pot Rescheduling, More... (9/18/17)

Bostonians celebrate marijuana legalization, California calls for its rescheduling, state attorneys general urge health insurers to reduce opioid prescriptions, Maxine Waters files a bill to end mandatory minimums for drug sentences, and more.

Marijuana Policy

California Officially Calls for Marijuana Rescheduling. The Assembly last Thursday passed a resolution calling on the federal government to reschedule marijuana. The Senate had approved the resolution earlier. "The Legislature urges the Congress of the United States to pass a law to reschedule marijuana or cannabis and its derivatives from a Schedule I drug to an alternative schedule, therefore allowing the legal research and development of marijuana or cannabis for medical use," reads the joint resolution.

Boston Freedom Rally Draws Thousands to Celebrate Legalization. For the first time since voters legalized marijuana last November, the annual event demanding legalization was held this past weekend. Thousands flocked to Boston Common for the 28th Annual Boston Freedom Rally for live music, speeches, educational panels, and -- of course -- plentiful pot-smoking. Even though public marijuana use is illegal, police reported no arrests.

Nevada Supreme Court Throws a Wrench in Marijuana Distribution Licensing. The state's highest court issued a temporary injunction last Friday barring the Department of Taxation from granting any more pot distribution licenses. This means supply chain issues will continue to plague pot shops in the near term. The initiative that legalized pot in the state reserved such licenses for liquor distributors for the first 18 months, but the Tax Commission had voted to allow other distributors to get in on the action after determining that the booze distributors couldn't keep up with demand. The liquor distributors took legal action to block the new licenses, and here we are. Oral arguments in the case are set for October 3.

Heroin and Prescription Opioids

State Attorneys General Urge Insurers to Seek Alternatives for Opioids. Attorneys general from 35 states, Washington, DC, and Puerto Rico announced a bipartisan coalition to fight opioid addiction on Monday and rolled out their effort by jointly calling on health insurers to review pain management treatment policies in a bid to promote more use of alternatives to prescription opioids. The AGs said they didn't want health insurers to unintentionally contribute to the crisis. News articles didn't indicate whether the AGs noted the need to ensure that patients who do need opioids receive them.

Harm Reduction

Philadelphia DA Candidates Are Open to Safe Injection Sites. Larry Krasner, the Democratic frontrunner to be the next district attorney, has come out in support of city-sanctioned safe injection sites for drug users. His Republican foe, Beth Grossman, wouldn't go that far, but said she is open to discussion on the issue. Safe injection sites were mentioned in Mayor Jim Kenney's opioid task force report in May, but they were the most controversial of the report's 18 recommendations. Although efforts are underway in several cities, including New York, San Francisco, and Seattle, no officially-sanctioned safe injection sites operate in the US, although one unsanctioned one is reportedly operating in an unnamed US city.

Sentencing

Maxine Waters Files Bill to End Mandatory Minimum Drug Sentences. Rep. Maxine Waters (D-CA) has filed House Resolution 3800 "to eliminate mandatory minimum sentences for all drug offenses." The bill text is not yet available on the congressional web site.

International

Toronto Pot Lounges Want Right to Exist Under Legalization. Faced with a provincial plan to impose a government monopoly on retail marijuana sales, Toronto's existing pot consumption lounges, some of which have been around since before the turn of the century, are asking the city's Municipal Licensing and Standards Committee to regulate them instead of shutting them down. They argue that the shops are needed in the city, which bans public pot smoking and where many renters and apartment dwellers have no legal place to indulge.

(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: Orrin Hatch Punningly Files MedMJ Bill, DOJ #2 Speaks Out on Pot, More... (9/14/17)

What got into Orrin Hatch? Plus, Nevada could be the first state to allow pot lounges, the US Deputy AG says DOJ is still pondering marijuana policy, and more.

Marijuana Policy

Deputy Attorney General Says DOJ Still Reviewing Marijuana Policy. In an appearance at the conservative Heritage Foundation Thursday, Deputy Attorney General Rod Rosenstein said the department was still looking at its options on marijuana policy. "We are reviewing that policy. We haven't changed it, but we are reviewing it. We're looking at the states that have legalized or decriminalized marijuana, trying to evaluate what the impact is," he said in remarks reported by Tom Angell for Forbes. "And I think there is some pretty significant evidence that marijuana turns out to be more harmful than a lot of people anticipated, and it's more difficult to regulate than I think was contemplated ideally by some of those states," he said.

Maine Draft Legalization Bill Would Let Dispensaries, Caregivers Sell to Recreational Market. The bill legislators have drafted to rewrite the state's voter-approved pot legalization law includes a provision that would let the state's eight licensed medical marijuana dispensaries apply for a license to sell in the recreational market. But they would have to have separate entrances and sales counters for medical and recreational customers. State-certified caregivers could also apply for recreational sales licenses.

Nevada Regulators Clear Way for Pot Clubs and Lounges. The state Legislative Counsel Bureau said on Monday that state law does not prohibit counties or municipalities from allowing clubs or lounges where patrons can use marijuana. It's up to the localities, the bureau said. Doing so would allow tourists and visitors to have a place to indulge. While pot is legal in the state, it cannot be consumed in public, in casinos, or in hotel rooms, leaving visitors with no place to take advantage of the pot law.

Medical Marijuana

Orrin Hatch Files Medical Marijuana Research Bill, Makes Bad Weed Puns. Senator Orrin Hatch (R-UT) introduced the Marijuana Effective Drug Study Act of 2017, or MEDS Act, to improve the process for conducting scientific research on marijuana as a safe and effective medical treatment. In introducing this legislation, Senator Hatch was joined by Senator Schatz (D-HI) and cosponsors Senator Chris Coons (D-DE), Senator Cory Gardner (R-CO), and Senator Thom Tillis (R-NC). "It's high time to address research into medical marijuana," Hatch said. "Our country has experimented with a variety of state solutions without properly delving into the weeds on the effectiveness, safety, dosing, administration, and quality of medical marijuana. All the while, the federal government strains to enforce regulations that sometimes do more harm than good. To be blunt, we need to remove the administrative barriers preventing legitimate research into medical marijuana, which is why I've decided to roll out the MEDS Act. I urge my colleagues to join Senator Schatz and me in our joint effort to help thousands of Americans suffering from a wide-range of diseases and disorders. In a Washington at war with itself, I have high hopes that this bipartisan initiative can be a kumbaya moment for both parties." [Bolding done by Drug War Chronicle.]

Arizona Supreme Court Won't Let State Officials Use Federal Law to Get Around State Law. The high court on Tuesday declined to review a Court of Appeals ruling that federal law does not trump the state's voter-approved medical marijuana law. The lower court had ruled that even though marijuana remains illegal federally, federal law does not preempt the state from allowing patients to use it. The case had been filed by recalcitrant Maricopa County Bill Montgomery (R), who didn't want to heed the will of the voters.

Medical Marijuana Update

Medical marijuana is getting some attention in Congress, Arizona PTSD patients are still out of luck, Michigan dispensaries have three months to shut their doors and get licensed, and more.

National

Last Wednesday, a bipartisan group of senators reintroduced the CARERS Act. Sens. Cory Booker (D-NJ), Al Franken (D-MN), Kirsten Gillibrand (D-NY), Lisa Murkowski (R-AK), and Rand Paul (R-KY) refiled the CARERS Act (Senate Bill 1764). The bill aims to "extend the principle of federalism to State drug policy, provide access to medical marijuana, and enable research into the medicinal properties of marijuana."

Last Thursday, the House GOP leadership blocked a vote to protect medical marijuana states. House GOP leaders won't allow a vote on an amendment to a spending bill that bars the Justice Department from spending money to go after state-compliant medical marijuana programs, several lawmakers said. The Farr-Rohrabacher amendment has protected those state programs for the past four years, but House leaders said "it splits the conference too much so we're not going to have a vote on it," The Hill reported. The move came despite pleas from Rep. Rohrabacher (R-CA) to allow the vote.

Last Friday, the budget deal Trump agreed to preserved medical marijuana protections -- for now. The budget deal agreed to between President Trump and congressional leaders extends federal protections to state-legal medical marijuana programs through December 8. This provides an opportunity for House GOP leaders to rectify their decision last week not to allow a vote on the amendment that for the past four years has blocked the Justice Department from spending federal funds to go after medical marijuana in states where it is legal.

Arizona

On Tuesday, the Supreme Court refused to lift restrictions on medical marijuana for PTSD. The state Supreme Court rejected without comment an argument from the Arizona Cannabis Nurses Association that the former state health director had illegally imposed restrictions on when doctors can recommend the drug for PTSD. The high court's decision leaves intact an earlier Court of Appeals ruling upholding the restrictions. Attorneys for the association say they may take the case to federal court on equal protection grounds.

Iowa

Last Friday, the attorney general cited fed fears to block CBD from out of state dispensaries. The attorney general's office has advised the Department of Public Health not to implement a part of the state's CBD medical marijuana law that would have licensed two dispensaries from bordering states to supply CBD to Iowa patients. "It is possible that state's program may come under increased scrutiny from the federal government," a spokesman told the Des Moines Register, adding that the halt would remain "until the federal government provides further guidance regarding state medical marijuana programs."

Michigan

On Monday, dispensaries were given three months to shut their doors. Existing unlicensed dispensaries must shut their doors by December 15, the state Department of Licensing and Regulatory Affairs said. On that date, the department begins accepting applications to operate under new medical marijuana regulations approved this year. While closing up shop and then applying for a license isn't exactly a thrill for existing dispensary owners, it's better than an alternative proposal that called for the dispensaries to be shut down immediately.

Pennsylvania

Last Friday, a lawsuit put the roll-out of the medical marijuana program in peril. A would-be medical marijuana operator who failed to win a permit to operate in an initial round of permit-issuing filed a lawsuit last challenging the process and seeking an injunction that would require the state to rescind all awarded permits and start over. That's raising concerns about medical marijuana supporters that it could cause needless suffering.

Texas

Last Thursday, the sttate issued its first CBD medical marijuana license. The state has issued a license to Cansortium Texas to grow, process, and sell CBD medical marijuana products to patients. Two other companies have applications in the pipeline. The move comes two years after the legislature approved a bill allowing for CBD use for epilepsy.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: House Blocks Sessions Civil Asset Forfeiture Move, More... (9/13/17)

The House votes to defund Attorney General Sessions' newly revived Equitable Sharing asset forfeiture program, Maine lawmakers want a 20% sales tax on weed, Duterte allies in the Philippines vote to defund the country's human rights commission over its critique of the drug war, and more.

The attorney general isn't smiling over the House's asset forfeiture vote. (senate.gov)
Marijuana Policy

Maine Lawmakers Want to Double Pot Sales Tax. In a draft bill released Tuesday, the legislature's marijuana legalization committee is recommending a 20% sales tax on recreational marijuana. Earlier, the committee had supported a 10% excise tax and a 10% sales tax, but now it's going all sales tax.

Medical Marijuana

Arizona Supreme Court Refuses to Lift Restrictions on Medical Marijuana for PTSD. The state Supreme Court on Tuesday rejected without comment an argument from the Arizona Cannabis Nurses Association that the former state health director had illegally imposed restrictions on when doctors can recommend the drug for PTSD. The high court's decision leaves intact an earlier Court of Appeals ruling upholding the restrictions. Attorneys for the association say they may take the case to federal court on equal protection grounds.

Asset Forfeiture

House Slaps Down Sessions' Move to Reinstate Equitable Sharing Program. In a surprise move, the House voted virtually unanimously Tuesday to curb federal asset forfeitures, a slap in the face to Attorney General Jeff Sessions. Sessions had reinstated a federal civil asset forfeiture program that allowed state and local law enforcement to evade state forfeiture restrictions by handing their cases over to the feds, with the feds then returning 80% of the money to the seizing agency. The move came in a voice vote on an amendment to the Justice Department appropriations bill, which was sponsored by strange bedfellows Reps. Justin Amash (R-MI), Mark Sanford (R-SC), Raúl Labrador (R-ID), Pramila Jayapal (D-WA), Ro Khanna (D-CA) and Don Beyer (D-VA).

Foreign Policy

Feinstein, Grassley Fret Over Colombian Cocaine. The two senior senators, chair and co-chair of the Senate Caucus on International Narcotics Affairs, expressed worries Tuesday that a peace deal between Colombia and the leftist rebels of the FARC had led to a surge of cocaine being imported into the US. Feinstein also used the Senate hearing to express concern that the Trump administration will not adequately fund interdiction law enforcement efforts.

International

Philippine Congress Budgets Measly $20 to Fund Human Rights Commission. No, that's not a typo, and no, we didn't forget some zeroes. Lawmakers allied with President Rodrigo Duterte voted Tuesday to allocate just 1,000 pesos (USD $20) for the Commission on Human Rights, which has repeatedly criticized Duterte's bloody drug war, which has left thousands dead at the hands of police and vigilantes. The funding move was explicit retaliation for the commission's criticism of the human rights disaster. In a Facebook post responding to the move, UN Special Rapporteur on extrajudicial killings Agnes Callamard said Filipinos deserved an independent organization that could hold the government accountable for its misdeeds. "Instead they are getting a 'war on drugs' which, by the president's own account, has failed to curtail addiction rates, while creating a climate of fear and insecurity, feeding impunity, and undermining the constitutional fabrics of the country," she wrote. "If the Philippines Congress is looking for public money being wasted, damaging and hurting the Philippines society, this is it."

Surprise! House Votes to Curb Sessions' Asset Forfeiture Revival

In a surprise move, the House voted virtually unanimously Tuesday to curb federal asset forfeitures, a slap in the face to Attorney General and former Senator Jeff Sessions. Sessions had reinstated a federal civil asset forfeiture program that allowed state and local law enforcement to evade state forfeiture restrictions by handing their cases over to the feds, with the feds then returning 80% of the money to the seizing agency.

In response to a rising clamor over civil forfeiture reform abuses, Obama Attorney General Eric Holder had reined in the program, known as Equitable Sharing. Now, Sessions' attempt to bring it back has been blocked by a congressional coalition of progressives and the ultra-conservative House Freedom Caucus.

The move came in a voice vote on an amendment to the Justice Department appropriations bill, which was sponsored by strange bedfellows Reps. Justin Amash (R-MI), Mark Sanford (R-SC), Raúl Labrador (R-ID), Pramila Jayapal (D-WA), Ro Khanna (D-CA) and Don Beyer (D-VA).

The amendment aims directly at "adoptive forfeiture," the process by which the federal government agrees to take cases brought to it by local law enforcement agencies attempting to skirt state-level restrictions, which can include an outright ban on civil asset forfeiture (seizure without a criminal conviction) or designating that seized funds are to go the general fund or other designated fund -- not the cops.

Critics of civil asset forfeiture argue that the search for lucre distorts policing priorities, creates perverse incentives, and amounts to policing for profit. Numerous states have moved to end civil asset forfeiture outright, while others have imposed various restrictions on the practice.

While Sessions claims the program is needed so that criminals "are not allowed to keep the proceeds of their crime," a whopping 87% of federal asset forfeiture cases take place in cases where there has been no criminal conviction.

The House has acted. Now, it's up to the Senate to act. If the Senate fails to pass a similar measure, the amendment could still become law if it gets adopted by the conference committee that will attempt to sort out differences between the two bills. In the meantime, Sessions has been put on notice that his gift to profit-hungry state and local cops has serious opposition.

Chronicle AM: Democratic Senators Call Out Trump on Opioid Inaction, More... (9/12/17)

Democratic senators want Trump to do more than say pretty words about the opioid epidemic, California's second largest city gets on board with marijuana legalization, Canadian cops seek a delay in rolling out legalization north of the border, and more.

Last month, President Trump said the opioid epidemic was a national emergency. Since then...nothing. (Gage Skidmore/Wikipedia)
Marijuana Policy

San Diego City Council Votes to Legalize Marijuana Cultivation, Manufacturing. California's second most populous city has gotten on board with legalization. The city council voted 6-3 Monday night to approve a regulatory framework for the looming legal recreational pot industry instead of trying to ban it.

Medical Marijuana

Michigan Dispensaries Given Three Months to Shut Doors. Existing unlicensed dispensaries must shut their doors by December 15, the state Department of Licensing and Regulatory Affairs said Monday. On that date, the department begins accepting applications to operate under new medical marijuana regulations approved this year. While closing up shop and then applying for a license isn't exactly a thrill for existing dispensary owners, it's better than an alternative proposal that called for the dispensaries to be shut down immediately.

Pennsylvania Medical Marijuana Program Roll-Out Imperiled by Lawsuit. A would-be medical marijuana operator who failed to win a permit to operate in an initial round of permit-issuing filed a lawsuit last Friday challenging the process and seeking an injunction that would require the state to rescind all awarded permits and start over. That's raising concerns about medical marijuana supporters that it could cause needless suffering.

Heroin and Prescription Opioids

Democratic Senators Demand Trump Take Action on Opioid Epidemic. On Monday, Sen. Ed Markey (D-MA) and nine Democratic senatorial colleagues sent a letter to President Trump asking the administration what it is doing about the recommendation that it declare an emergency around the opioid epidemic. Trump called it a national emergency more than a month ago, but nothing has happened since. "Regardless of whether you choose to declare a state of emergency, continued inaction on this issue is deeply concerning," the senators wrote. "Your lack of action -- coupled with your support of policies that would make access to substance use disorder care more difficult for millions of Americans -- causes us to question your commitment to ending the opioid use disorder and overdose crisis," the letter said.

International

Canadian Cops Want Delay in Marijuana Legalization Rollout. Representatives of various Canadian police forces testifying before the House of Commons said they would not be ready for the roll-out of marijuana legalization next summer and urged a delay. They also urged lawmakers to think again about allowing personal home cultivation, because it would be hard to police.

Colombia Clashes Leave One Coca Grower Dead, Two Wounded. The casualties occurred as coca growers in Morales, Cauca, clashed with soldiers taking part in forced eradication of coca crops. Farmers began throwing rocks at the soldiers, who apparently opened fire on the protestors. This is the second clash between angry coca growers and government forces in the past month, and reflects growing tensions over forced eradication.

UN High Commissioner on Human Rights Slams Philippines Drug War. Zeid Ra'ad Al Hussein called out President Rodrigo Duterte for his "lack of respect for due process rights for all Filipinos" and his "open support for a shoot-to-kill policy." Al Hussein added that he was "gravely concerned" not only about the killings, but also about the lack of credible investigations into them.

Chronicle AM: House GOP Leaders Block MedMJ Vote, Roger Stone Out at Pot Expos, More... (9/7/17)

It's all marijuana news today, with Delaware and Illinois lawmakers pondering legalization, the Vermont governor setting out a two-year road map to legalization, the House leadership blocking a vote on an amendment protecting medical marijuana, and more.

Rep. Dana Rohrabacher (R-CA) pleaded with the House leadership to allow a vote, to no avail. (house.gov)
Marijuana Policy

Delaware Marijuana Legalization Task Force Meets. A legislative task force charged with studying how to implement legalization met for the first time Wednesday. Members hope to address issues including taxation, banking, and health and public safety concerns.

Illinois Marijuana Legalization Bills Get Hearing. A joint House-Senate appropriations committee heard starkly differing testimony from drug policy experts and law enforcement officials at a hearing on legalization bills Wednesday. Police and prosecutors worried about youth use, driving under the influence, and discredited gateway theories, while experts said legalization would allow a widely used substance to be regulated.

Vermont Governor Forms Marijuana Advisory Commission, Would Put Legalization Two Years Down the Road. Gov. Phil Scott (R) signed an executive order Thursday creating the Governor's Marijuana Advisory Commission to study issue around marijuana legalization. Earlier this year, Scott vetoed a legalization bill that reached his desk, citing public safety concerns. Although legislators amended the bill to win his signature, legislative Republicans blocked a vote on the amended bill during a special session. Scott envisions the advisory commission coming up with a final report by December 2018, setting the state for the legislature to act in 2019, but there are signs legislators may not want to wait.

Manhattan DA Lessens Pot Penalties in Bid to Avoid Immigrant Deportations. Manhattan District Attorney Cy Vance has issued new plea guidelines for small-time pot possession cases that would help protect immigrants from being deported for criminal offenses, no matter how minor. The prosecutor's office has a deferred adjudication program in place that drops charges if the defendant is not arrested again within 12 months, but now Vance has reduced that period to three months for a first offense and six months for a second offense. Vance's office estimates this will end criminal prosecutions for nearly 20,000 people each year.

Trump Ally and Political Dirty Trickster Roger Stone Bumped from Pot Expo Speaker Slot. Bowing to pressure from marijuana industry members infuriated by the inclusion of a man they see as a racist, misogynist, Donald Trump enabler, the Cannabis World Congress and Business Expo (CWCBExpo) announced Wednesday that it has rescinded the invitation for Stone to be the keynote speaker at looming expos in Los Angeles and Boston. The expo had faced a boycott of speakers and exhibitors led by the Minority Cannabis Business Alliance. Now it faces a lawsuit from an angry Stone.

Medical Marijuana

House GOP Leadership Blocks Vote to Protect Medical Marijuana States. House GOP leaders won't allow a vote on an amendment to a spending bill that bars the Justice Department from spending money to go after state-compliant medical marijuana programs, several lawmakers said Thursday. The Farr-Rohrabacher amendment has protected those state programs for the past four years, but House leaders said "it splits the conference too much so we're not going to have a vote on it," The Hill reported. The move came despite pleas from Rep. Rohrabacher (R-CA) to allow the vote.

Texas Issues First CBD Medical Marijuana License. The state has issued a license to Cansortium Texas to grow, process, and sell CBD medical marijuana products to patients. Two other companies have applications in the pipeline. The move comes two years after the legislature approved a bill allowing for CBD use for epilepsy.

Debunking a Republican Myth About Medicaid and Opioids

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

Obamacare foes desperate for a new angle of attack on the increasingly popular health care program have come up with an intriguing new theory: The expansion of Medicaid to low-income adults under the Affordable Care Act (ACA) may be driving the opioid epidemic.

For the right, tying "failed socialist" Obamacare to the drug epidemic is a two-fer. They get to decry the very notion of government programs as something good for society and they get to link "bleeding heart" efforts to help poor people with outcomes that actually hurt them.

It would be a nice little argument for cutting Medicaid -- if only it were true. But there's little evidence to suggest it is true and a lot of evidence to suggest it isn't.

The notion began circulating in the conservative media echo chamber after the Health and Human Services Department did a private analysis for Sen. Ron Johnson (R-WI) that said the opioid overdose rate rose nearly twice as much in states that expanded Medicaid under the ACA than those that didn't.

"These data appear to point to a larger problem," Johnson wrote. "Medicaid expansion may be fueling the opioid epidemic in communities across the country." Johnson pulled up just short of blaming Medicaid, saying more research is needed.

But if Johnson was looking for help from fellow Obamacare foe and Health and Human Services Secretary Tom Price, it wasn't exactly forthcoming. HHS wouldn't address questions about Johnson's analysis and instead issued a statement saying "correlation does not necessary prove causation," but that, yes, more research would be helpful.

But based on what we know so far, here are four reasons the charge that Medicaid is fueling the opioid epidemic is bogus:

1. Medicaid is actually increasing treatment for opioid addiction.

That's according to Temple University economist Catherine Maclean and Brendan Saloner of Johns Hopkins Bloomberg School of Public Health, who recently published a paper on Medicaid expansion and drug treatment: "Medicaid-reimbursed prescriptions for medications used to treat Substance Use Disorders in outpatient settings increased by 33% in expanding states relative to non-expanding states. Among patients admitted to specialty SUD treatment, we find that in expanding states Medicaid insurance and use of Medicaid to pay for treatment increased by 58% and 57% following the expansion. In an extension to the main analyses we find no evidence that the expansions affected fatal alcohol poisonings or drug-related overdoses," they wrote.

"Medicaid is doing its job," she told the Associated Press last week. "As more time passes, we may see a decline in overdoses in expansion states relative to non-expansion states."

2. States that expanded Medicaid did so in part because they already suffered higher overdose rates.

That same research by Maclean and Saloner also found that overdose rates were higher to begin with in states that expanded Medicaid. That suggests that pre-existing drug problems may have played a role in states deciding to expand Medicaid so they could leverage more federal money to fight addiction.

Republican labor economist Craig Garthwaite of Northwestern University's Kellogg School of Management told the AP that such a desire helped propel Ohio Republican Gov. John Kasich toward expanding Medicaid. When Kasich talks about why, he said, "it has a lot to do with mental health and substance use disorders." The claim that Medicaid is fueling opioid overdoses is "fundamentally flawed," Garthwaite added.

In other words, overdoses aren't increasing because of Medicaid; instead, Medicaid is expanding in part because of an effort to reduce overdoses.

3. Counties where insurance coverage has expanded the most have seen smaller increases in overdose deaths than those with smaller coverage gains.

A recent analysis by Vanderbilt University economist Andrew Goodman-Bacon and Harvard researcher Emma Sandoe compared trends in drug-related deaths at the county level, contrasting counties that had high levels of uninsured residents pre-ACA with those that didn't. Under the theory that Medicaid expansion is causing increased overdose deaths, we would expect to see the largest increase in deaths in those high-insured counties because that's where more people took advantage of expanded Medicaid. But that wasn't the case:

"Drug-related deaths increased at a lower rate in high-uninsurance counties than in low-uninsurance counties," the researchers found. "This does not support the notion that the ACA worsened the opioid epidemic."

In other words, the more people on expanded Medicaid, the lower the rate of increase in overdose deaths.

4. The Medicaid theory lumps all opioid overdose deaths together when many are not caused by prescription opioids.

This is bad science. If you want to measure prescription opioid deaths, you need to measure only prescription opioid deaths. But the HHS analysis for Sen. Johnson didn't do that. Instead, it lumped in deaths from non-prescription street drugs, such as heroin or illicitly manufactured fentanyl. Having a Medicaid card doesn't provide access to street drugs, and it is precisely heroin and illicit fentanyl that are driving the surge in opioid deaths since 2010.

"It's worrisome because this is the type of numerical evidence that's used to propose bad policy," Garthwaite told the AP.

Chronicle AM: Fed MJ Amendments Coming, Trump to Name Marino as Drug Czar, More... (9/5/17)

Trump nominates a drug czar, federal drug prosecutions are down, Obama's clemency program barely scratched the surface, British nitrous oxide prosecutions get laughed out of court, and more.

Rep. Tom Marino (R-PA) is Trump's pick for job czar. (house.gov)
Marijuana Policy

Federal Representatives File Marijuana Banking Amendments. Congressional supporters of legal marijuana have filed two amendments to the House Treasury appropriations bill. One would prohibit Treasury from spending money to punish banks that service the legal marijuana sector; the other bars Treasury from altering FinCEN's guidance to banking institutions. If passed, the bills would allow marijuana businesses in compliance with state laws to have access to the banking system.

Rep. Ted Lieu Files Amendment to Cut DEA Eradication Funding. Rep. Ted Lieu (D-CA) has reintroduced an amendment to slash funding for the DEA's marijuana eradication program by half. Last year, the budget for eradication was $18 million, spent mainly on uprooting low-THC feral hemp in the Midwest. The program "is a ridiculous waste of precious federal resources, especially when multiple states and jurisdictions have already legalized marijuana… it is time for the federal government to stop making marijuana use or possession a federal crime," Lieu said.

California Regulation Bills Die As Legislature Gets Out of the Way. The Senate Appropriations Committee last Friday bottled up ten bills aimed at regulating legal marijuana commerce, leaving the way clear for the state's new Bureau of Cannabis Control to finish its own rulemaking process before lawmakers come back with additional restrictions. "Legislative leaders are working with the administration on a budget trailer bill to resolve cannabis-related issues. It makes sense to take a comprehensive approach," Sen. Ricardo Lara (D-Bell Gardens) chairman of the committee, told the Marin Journal.

Colorado Lawsuit Claims DOJ Using IRS to Do Criminal Investigations of Pot Businesses. The owners of a medical marijuana business in the town of Silt have filed a lawsuit challenging IRS subpoenas to the state's Marijuana Enforcement Division that seek information about how much marijuana the businesses have grown, who they sold it to, and when. The lawsuit alleges that the information is being sought for possible use in criminal investigations by the Justice Department. The IRS says it is simply trying to verify financial records.

Delaware Task Force on Marijuana Legalization Will Meet Wednesday. A state legislative task force charged with studying how marijuana might be legalized and making recommendations on doing so will meet for the first time on Wednesday. The task force was created by legislative resolution after a bill to legalize marijuana failed earlier this year.

Drug Policy

Trump to Name Pennsylvania Republican Congressman as Drug Czar. The White House announced Friday that President Trump will nominate Rep. Tom Marino (R-PA) to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Marino had been mentioned as a possible drug czar earlier, but withdrew from consideration in May, citing family illness.

Law Enforcement

Federal Drug Prosecutions Fall Under Trump. Despite all the tough talk about cracking down on crime coming from the White House and the Justice Department, the latest data from the department show that overall criminal conviction and drug conviction are both down during the first 10 months of Fiscal Year 2017. Overall criminal convictions were down 12.3% over last year and are now lower than at any time since 2008. Federal drug convictions were also down by 4.0%, reaching their lowest level since 1997. Of all DOJ prosecutions, immigration offenses accounted for 53.1%, followed by drug conviction at 18.6%.

Sentencing

Report on Obama's Clemency Initiative Finds Only a Small Percentage of Those Eligible Actually Got Clemency. The US Sentencing Commission has released an analysis of the implementation of the Obama administration's 2014 clemency initiative, which encouraged long-serving, nonviolent drug offenders to apply for sentence cuts. The report found that while President Obama granted more commutations than any other president (1,928) and that most of them (1,696) were sentence commutations under the 2014 Clemency Initiative, the initiative only saw sentence cuts for only 3.4% of all federally imprisoned drug trafficking offenders who appeared to meet all the clemency criteria. On the other hand, those who did get sentence cuts saw an average reduction of nearly 12 years.

International

Philippines Drug War Has Nation's Jails Creaking Under the Pressure. While the horrid killings of thousands of suspected drug users and dealers had grabbed the world's attention, President Rodrigo Duterte's drug war has also seen nearly 100,000 people arrested on drug charges, with almost all (94%) of them still in jail awaiting trial. As a result, the country's jails are now tremendously overcrowded, with one prison with an official capacity of 262 inmates now holding 2,975 -- three-fourths of them for drug offenses. It's not just the jails that are feeling the pinch; the Public Attorney's Office, which defends the cases, reports a backlog of 303,000 drug cases, nearly 2 ½ times the backlog when Duterte took office.

British Courts Throw Out Laughing Gas Prosecutions. In the past few days, two cases in which the government attempted to prosecute people for supplying nitrous oxide (laughing gas) have collapsed, with courts ruling that that the stuff is a medicine and thus exempt from last year's Psychoactive Substances Act. This is no surprise to drug experts, including the government's own drug advisors, who warned the law was overly broad and unworkable.

Chronicle AM: House GOP Reps Will Try to Block Sessions Forfeiture Expansion, More... (9/1/17)

The Massachusetts marijuana commission is being top-loaded with legalization foes, Obama's former drug czar comes out for a ban on high-potency prescription opioids, House GOP members prepare amendments to a budget bill to block expanded asset forfeiture, and more.

Attorney General Sessions wants to expand civil asset forfeiture. Some GOP reps want to block him. (senate.gov)
Marijuana Policy

Massachusetts Names Legalization Foe to Head Marijuana Commission. State Treasurer Deb Goldberg has named former Bain and Company executive Steven Hoffman to chair the state's Cannabis Control Commission, which is charged with regulating legal marijuana. Hoffman voted against the legalization initiative last November. The only other member of the five-member commission who has been named so far is Gov. Charlie Baker's (R) nominee, former state Sen. Jen Flanagan (D-Leominster), another legalization foe. Attorney General Maura Healey (D) also gets to pick a member, while the other two members will be named on agreement by the governor, the attorney general, and the treasurer. (Update: Longtime reform activist Shaleen Title was named to the commission late Friday.)

Medical Marijuana

Iowa Governor Names Medical Marijuana Board Members. Gov. Kim Reynolds (R) named eight members to serve on the Medical Cannabidiol Board on Wednesday. The board is charged with overseeing the state's newly expanded, but still extremely restrictive, CBD medical marijuana law. Click on the link for the appointees' names.

Montana's Largest City Bans Dispensaries. The Billings city council voted on Tuesday to ban dispensaries. Although the city enacted an ordinance in 2011 prohibiting dispensaries, a couple are operating in the city anyway. At least one of them, Montana Advanced Caregivers, has said it isn't going anywhere and will continue serving patients.

Pennsylvania Must Reveal Names on Secret Marijuana Application-Vetting Panel. The state Office of Open Records concluded Thursday that the state must name the members of a panel that scored applications for medical marijuana permits. The Health Department had argued that keeping the names secret protected panel members from undue pressure or threats to their safety. But the secrecy also blocked panel members from being scrutinized for conflicts of interest.

Heroin and Prescription Opioids

Obama's Former Drug Czar Calls for Ban on High-Grade Opioids. Former Office of National Drug Policy (ONDCP -- the drug czar's office) head Michael Botticelli has come out in support of a citizen petition calling on the Food & Drug Administration to ban high-potency opioid pain medications.

Asset Forfeiture

House Republicans Prepare Amendments to Block Sessions Asset Forfeiture Expansion. A number of congressional Republicans will propose amendments to an omnibus funding bill aimed at blocking Attorney General Sessions' recent move to expand the federal civil asset forfeiture plan. At least four separate amendments are being proposed, each trying in a slightly different way to do the same job of killing the move.

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, Safe 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