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Statement: Duterte Moves Against Second Drug War Critic

Philippines Senator Risa Hontiveros calls for international solidarity to help stop drug war killings:

While much of the world moves toward compassionate drug policy reform, a populist would-be dictator has led one country cruelly backwards.

Since taking office, President Rodrigo Duterte of the Philippines has orchestrated a brutal campaign of extrajudicial killings, mainly as part of his "drug war." Credible estimates for the number of dead range from at least 12,000 to well over 20,000 and rising since mid-2016.

Ominously, a "Duterte effect" in the region has led to extrajudicial drug war killings in Indonesia and Bangladesh, and high-level officials in Malaysia and Turkey have also called for killings or other extrajudicial violence. In a move that has comforted human rights violators everywhere, President Trump has praised Duterte's drug war, twice.

 
 
funeral for victim of Duterte's drug war killings

Other abuses in Duterte's drug war have affected hundreds of thousands, and killings of activists, priests, even mayors are growing as well. Duterte is aggressively attacking his critics and the nation's democratic institutions as he seeks to bring about dictatorship. If he succeeds, there's no knowing where or how far the killings may go.


 

"There are 3 million drug addicts (in the Philippines). I'd be happy to slaughter them. If Germany had Hitler, the Philippines would have..." [points at himself]
Rodrigo Duterte, September 2016 (source: Reuters)

We at StoptheDrugWar.org ask your help in stopping this drug war tragedy that threatens global human rights.


Our work on the Philippines flows from advocacy at the United Nations since late 2014. As part of a global community of reform-minded NGOs, we call for people-centered approaches to drug policy governed by human rights. Initially this aimed at the April 2016 UN General Assembly Special Session on the World Drug Problem (UNGASS). When Duterte was elected and the Philippine slaughter began, we turned our attention there.

Philippine Vice President Leni Robredo recorded
a powerful video for our March 2017 UN event.
 

The pro-Duterte forces have noticed us. Duterte allies including the (now former) Speaker of the Philippine House of Representatives have attacked Philippine opposition leaders for working with us. Orchestrated online troll armies have descended on our videos. One of our events even prompted fake news stories.

We are currently crafting plans for moving forward in this campaign in an even bigger way. Please subscribe to our newsletter to make sure you don't miss any announcements about it. If you have a particular interest in the Philippines and want to be in touch about this, please email us.

 

Our work to date has included the following:

 


UN Events

Under the auspices of our UN-accredited 501(c)(3) nonprofit, DRCNet Foundation, we organized events in conjunction with the 2017 Commission on Narcotic Drugs (CND) meeting at the UN in Vienna, the 2018 CND meeting, and the 2018 High Level Political Forum on Sustainable Development at UN Headquarters in New York.

 
 
TIME magazine did the first posting
of the vice president's video,
embedding it from our YouTube account.

Vienna 2017: Our March 2017 event, coorganized with the Manila-based Council of Asian Liberals and Democrats, drew massive attention in the Philippines, due to a speech by video from Philippines Vice President Leni Robredo that led to unfair attacks on her by Duterte allies and an (ultimately unsuccessful) impeachment drive. The video also garnered US and international coverage. Robredo's video strongly criticized Duterte's drug war, as well as Duterte-led moves in the Philippines Congress (also so far unsuccessful) to reinstate the death penalty, including for drug offenses, and to lower the age of criminal liability to nine.

We released the video on Monday March 13, three days before our event, offering TIME magazine the exclusive first posting. TIME followed up with an interview with Robredo. Along with extensive coverage in Philippine mainstream media, discussion of the video trended on Twitter, and was covered by wire services and outlets throughout Asia and the Gulf.

Unfortunately though not surprisingly, Duterte's forces hit back. The Speaker of the Philippine House of Representatives and the president's Spokesperson both claimed the vice president's office (OVP) must have timed the video's release to coincide with other events that week. They principally pointed to an impeachment complaint a congressman filed against Duterte the day after we released the video, as well as a resolution in the European Parliament calling for the release of Duterte critic Sen. Leila de Lima. They presented this as evidence Robredo was engaged in a "destabilization campaign" against the government.

 
Robredo's opponents used the
video to attack her politically.

While still in Vienna, we released a statement to media refuting those claims. It documented that UN staff had scheduled side events for the CND nearly two months earlier, and attested that OVP had made no requests of us. (Our event appears on page ten of the 2017 CND side events list; a screenshot of that document's properties page shows it was published on January 23, compared with the event's March 16 date.) Sen. Kiko Pangilinan distributed the statement to the Liberal Party's media list, and we also contacted Philippine media. CNN Philippines, on which the president's spokesperson had first made the false claim about the role of the video, published the most extensive story about our debunking of it. (See news links below.)

 
 
coverage of our statement
defending the vice president, CNN
Philippines mobile home page

While our statement helped to defuse the specific charge of a coordinated campaign by the vice president, Duterte's team had ignited a political firestorm over the video which already had its own momentum, and which turned into a campaign to impeach Robredo. At the height of the furor, opportunistic celebrities even held a concert and rally against Robredo. (Their campaign reached the US west coast, when a Filipino American group in Hayward, California held an affinity rally.)

The political heat that Robredo, a human rights lawyer, took for participating in our event is unfortunate. But she has continued to speak out against the killings, and has recently moved again into a forceful opposition role. Recent polling finds the popular vice president becoming even more popular.

News reports on our event, the vice president's video, and its fallout, are too numerous to link here, and media continue to refer to them when discussing the vice president's political trajectory. A recent example is this analysis in the prominent Philippine news outlet Rappler, at the time of this writing ranked as the 12th more read web site in the Philippines. We post here a selection of key news links, as well as links for video footage of our entire event and other resources.

 
Philippine officials provided the
government's response.
(photo by Joey Tranchina)

Event footage is available online here. Along with the Robredo statement and an Amnesty International video, it includes presentations by Chito Gascon, Chairperson of the Commission on Human Rights of the Philippines; Abhisit Vejjajiva, former Prime Minister of Thailand and current chair of event cosponsor the Council of Asian Liberals and Democrats (video); Lousewies van der Laan, former leader of the Dutch D66 party (Skype); Alison Smith, lead counsel and head of international criminal justice programs at the NGO No Peace Without Justice; Marco Perduca, former Senator from Italy and a member of our board of directors; and a written statement from US Rep. Earl Blumenauer (D-OR). We also have transcripts and a detailed summary.

 
 

Co-moderator Marco Perduca, former
senator of Italy, and David Borden
speaking with Amnesty International's
Daniel Joloy, other speakers Alison
Smith (just off screen) and Lousewies
van der Laan (on Skype).
(photo by Joey Tranchina)

Following are some key news article and related links:

The Philippines' largest broadsheet newspaper and 8th most read web site in the country as of this writing, The Inquirer, interviewed our executive director David Borden, as well as fellow event speaker Alison Smith, two weeks after the event. The interview, titled "Group says Duterte, not Robredo, upsetting int'l community," was widely read, shared by Inquirer readers nearly 9,000 times.

A transcript of the video is posted on Vice President Robredo's web site.

Articles covering our statement defending the vice president against the Speaker's false attack:

Articles covering our publishing of the full event footage:

 
 
Senator Trillanes displays copy
of Duterte administration's 2017
report, listing 20,000 killings
among its accomplishments

(photo by Joey Tranchina)

Vienna 2018: A year almost to the day after our 2017 event (and in the same room at the UN), we held another event featuring outspoken opposition Philippine Senator Antonio F. Trillanes IV. (Duterte has said of Trillanes, "I [will] destroy him, or he will destroy me.")

In a sign of the times, the day before our event when Senator Trillanes arrived at the UN, President Duterte transmitted one-year notice of the Philippines withdrawing from the International Criminal Court, in retaliation for the ICC's preliminary investigation of his drug war. The night before our event, prosecutors in the Philippines indicted the senator on a spurious sedition charge.

Tania Ramírez and Natalie Ginsberg
read Senator de Lima's statement.
Alessandro de Luca also pictured.
(photo by Joey Tranchina)
 

Senator Leila de Lima contributed a written statement to our event as well. Joining Senator Trillanes as featured speaker was Ellecer Carlos, well-known spokesperson for the iDEFEND Philippine human rights coalition. The event was again co-moderated by David Borden and Marco Perduca.

 
 
speaker meeting before the forum
(photo by Joey Tranchina)

Roughly 70 people attended, many forced to stand outside the 30-person capacity meeting room. Attendees represented a range of governments, UN agencies, NGOs, and members of the local Filipino community.

While the sedition charge became the main news story, driving out much of the coverage our event might otherwise have gotten, we did get some media including television:



 

 

 

 

 


After Robredo, Trillanes Turn to Blast EJKs in war on drugs, Inquirer article published in advance of our event

State of the Nation with Jennifer Soho

News 5 Aksyon Tonite

Philtizen article noting State of the Nation report (over 9,700 shares on Facebook)

Trillanes not backing down on sedition case (The Philippines' top news outlet, ABS-CBN, filmed for this report at our event. The sedition indictment, which was issued the night before, became the main story.)

How many more Filipinos will suffer under Duterte? De Lima asks (Inquirer article -- over 7,700 shares)

Rights Reporter interview with Senator Trillanes

 

 
 
fake news story with fabricated
statement attributed to us

In another sign of the times, Filipinos working in Vienna attended our event, including both supporters and critics of President Duterte. One member of the "Die Hard Duterte Supporters contingent (DDS -- a play on the infamous "Davao Death Squad" Duterte operated as mayor) challenged Senator Trillanes on the number of killings during the discussion time, while others videorecorded. The pro-Duterte media forces selectively edited the video in order to create an appearance that Trillanes didn't have an answer for him (as the senator and his staff had predicted). An example from a local newspaper in the Philippines appears here. Our Facebook Live video shows that Senator Trillanes did respond, however, and that the encounter was a civil one. The two spoke at length following the event.

Our visit to the UN cafeteria the day before the event led to a series of misleading and fake news stories. A Filipino cashier noticed Senator Trillanes was wearing an NGO badge, rather than one issued by the Philippines' Mission to the UN, and sent a picture to a pro-Duterte blogger. The blogger's post, which misidentified us as a Filipino American NGO, is online here, and has over 7,700 shares. An article posted on two Philippines-focused sites (here and here) "confirmed" that the senator had entered the UN through our auspices.

This information in these pieces isn't fake per se, but they attempt to imply a scandal or problem where there was none. A fake news story followed on the blog post, includes a photo of us on the lunch line with Trillanes, but claims falsely that the senator was "scolded" by a UN security guard who told him to "eat last." A follow-up fake news piece features a fabricated statement attributed to our organization. A third piece by the same writer provided video from our event of a Filipino Duterte supporter contesting Trillanes' information, but implied falsely that the senator fell silent instead of responding to him.

The Facebook Live video stream from this event follows below. We will post an edited playlist copy and transcript in the near future. In the meanwhile, a realtime transcript from the CND Blog can be read here, and individual speeches can be accessed by going to the following points in the video. (We're not able to link to specific times within Facebook videos.)

  • Statement of Senator Leila de Lima, read by Tania Ramírez and Natalie Lyla Ginsberg (13:38)
  • David Borden (20:17)
  • Marco Perduca (21:03)
  • Senator Antonio Trillanes (26:42)
  • Ellecer Carlos (27:12)
  • Discussion (59:20)

New York 2018: On July 16, we hosted the third event in the series, "Human Rights Challenge: Judicial and Extrajudicial Killings in a Time of Authoritarianism," expanding the scope of the discussion to include the death penalty for drug offenses. The event was held at the Church Center of the United Nations, in conjunction with the UN High Level Political Forum on Sustainable Development.

 

Prominent opposition leader Senator Risa Hontiveros of the Philippines provided a video for our event, calling for international solidarity for human rights and an end to Duterte's drug war. The two hour event also featured Professor Jason Wright of the Washington & Lee Law School, speaking on behalf of the California-based group Death Penalty Focus; and Justine Balane, International Secretary for Akbayan Youth in the Philippines, via Skype.

The largest Philippine news outlet, ABS-CBN, filmed the event, and a report ran on their US station, Balitang America.

Following is the Balitang America's YouTube copy of the TV report:

Following is full video of the event. An edited playlist copy and transcript will be posted in the near future. In the meanwhile, individual sections can be accessed by clicking on the time indications in this list:

  • Welcome and Acknowledgments by David Borden, Executive Director, StoptheDrugWar.org (0:00)
  • Video message from Senator Risa Hontiveros, Republic of the Philippines (4:16) | (original copy of Hontiveros video here)
  • Remarks by David on Borden on the UN Sustainable Developments Goals, and Background for This Event (7:47)
  • Justine Balane, International Secretary, Akbayan Youth (14:11)
  • Professor Jason Wright, Washington & Lee School of Law, representing Death Penalty Focus (25:55)
  • David Borden remarks (48:34)
  • Invited remarks from audience by Shilpa Nandwani, Northeast Coordinator, International Coalition for the Philippines US Chapter (53:50)
  • Invited remarks from audience by Terrenze Rienton (1:01:18)
  • General Discussion (1:06:43)
  • audience remarks by Rev. Levi Bautista (1:12:57)
  • General Discussion (1:17:23)

 


 

Protest at Philippines Embassy, Washington, DC

  

For the one-year mark of the jailing of Duterte critic Senator Leila de Lima on spurious drug charges, we organized a protest at the Philippine Embassy in Washington, DC. The event featured street theater with Duterte and Philippine National Police figures arresting Senator de Lima and pretending to shoot attendees.

Allies in the Philippines helped to promote the event's Facebook Live video stream, and it went viral in the Philippines, with nearly 470,000 views as of this writing. Among our cosponsors in the action were Amnesty International, the Filipino American Human Rights Alliance and the Ecumenical Advocacy Network on the Philippines.

 

Other Philippines-focused groups such as Gabriela-DC and the International Coalition on Human Rights in the Philippines-US were participated as well. The event represented a step for Philippines-focused groups with various different ideological roots working together. Video of the action went viral in the Philippines, and has garnered nearly 470,000 views. Since that time our executive director, David Borden, has been a go-to person about the drug war for demonstrations organized by Filipino American groups.

Facebook Live video:

 

      

(photos and video done by event cosponsor DCMJ)

 


Global Sign-On Statement

In the lead up to the November 2017 Summit of the Association of Southeast Asian Nations (ASEAN), which was hosted by Duterte in the Philippines, we organized a global sign-on statement which calls for a UN-led investigation of the drug war killings; for the leaders of ASEAN member states and other world leaders attending to speak up about the issue; and for international aid donor governments to impose human rights conditions on law enforcement assistance to the Philippines, while funding positive programs that could serve as an alternative to the Philippine drug war, and funding the work of human rights advocates.

 
InterAksyon article

Nearly 300 NGOs and prominent individuals endorsed the statement. Of the 240 NGO endorsers, more than 50 are based in Asia, including a majority of ASEAN member states as well as India, Pakistan and Sri Lanka. There are also several Asia-wide networks devoted to issues such as HIV, transgender and drug user concerns, and youth democracy activism.

Some notable signatories on the document include the National Organization for Women (NOW), Doctors of the World, the Free Legal Assistance Group (FLAG, a nationwide Philippines human rights lawyers group founded during the Marcos dictatorship years), Treatment Communities of America, prominent human rights advocate and actor of MASH fame Mike Farrell, former police chief of Seattle Norm Stamper, and others.

A political component of the statement's outreach efforts, which was in its early stages at the time of the statement's release, secured endorsements from legislators in Canada, Italy, Cambodia, and Washington State, as well as other political and governmental officials from Singapore, Canada and the UK.

The statement was covered by four important Philippines news outlets:

The Interaksyon article credited our coalition with renewing global calls for a UN-led probe into the drug war killings.


Legislative Lobbying

 
 
April 2018 lobbying coalition

A bipartisan bill in the US Senate, "The Philippine Human Rights Accountability and Counternarcotics Act of 2017," would enact human rights conditions on some law enforcement assistance to the Philippines, based on certifications by the US State Dept., while funding public health programs to address substance issues as well as human rights work. There is similar language in the current version of the Senate Foreign Operations Appropriations bill. We are working with a coalition that includes Filipino American organizations and faith networks, to pass this legislation as part of the upcoming appropriations process, or if not then later during the 2018 session of Congress.

In April 2018, StoptheDrugWar.org's executive director David Borden was invited to join a lobbying group that included advocates visiting from the Philippines as part of the Stop the Killings Speaking Tour 2018 of the Caravan for Peace and Justice for the Philippines, as well as representatives of Filipino American organizations, faith groups participating in the Ecumenical Advocacy Days the weekend before, and others. Key organizers of the lobbying effort were the Ecumenical Advocacy Network on the Philippines and the International Coalition for Human Rights in the Philippines US Chapter. Borden is regularly asked by Filipino American advocates to address the drug war in meetings and demonstrations.

An update and action alert we published is online here, and includes information on what the most key states and congressional districts are. We have a write-to-Congress form supporting S. 1055 online here.

  

We view this legislation as important not only for its potential impact on the Duterte administration's political cost-benefit analysis on this issue, but also because of the inconsistent approach to the matter taken by the current US administration. While the State Department has raised some concerns about the drug war killings, President Trump has made comments which seem to green-light them.

Specifically, in December 2016 Trump and Duterte spoke on the phone, after which Duterte claimed that Trump praised his drug policies. While Duterte could have made that up, the Trump team never rebutted the claim.

After Trump and Duterte spoke again in April 2017, a statement on the White House web site said they discussed " fighting very hard to rid its country of drugs," with no qualification of that statement to exclude extrajudicial killings from Trump's apparent praise. A transcript of the April conversation leaked to Rappler quotes Trump congratulating Duterte for doing an "'unbelievable job' in the war on drugs."

Finally, Trump was silent about the issue during his appearance at the ASEAN Summit, at least publicly. A White House spokesperson said that Trump and Duterte talked briefly about human rights, but did not elaborate. Duterte has recently claimed that a White House visit is in the works, pending scheduling.


Coalition Building

As the above sections show, we have actively sought partners in this campaign, both in the Philippines and in the Filipino American community, including groups spanning a range of the ideological spectrum. But we have also sought to bring others in to the effort -- from drug policy reform, international criminal justice advocacy, the anti-death penalty movement and others.

 

In March before heading to Vienna for our event with Senator Trillanes, we organized a panel for the Students for Sensible Drug Policy conference in Baltimore, "Human Rights Challenge, Responding to extrajudicial killings in the Philippines." Our panel featured Eric Lachica of US Filipinos for Good Governance; and Shamah Bulangis and Justine Balane, National Secretary General and International Secretary respectively of Akbayan Youth, who are also SSDP Ambassadors for the Philippines.

The panel was well attended, and following it, we brought signs from Philippines-related demonstrations (our 2/28 embassy protest and others) to the plenary hall, where conference attendees, following a group picture, took a second group pictures with the signs, while holding hands up in a Philippines protest symbol. The photo, posted to Facebook by an attendee, went viral in the Philippines.

The energy of the event and level of interest in this campaign that was shown there, following our successful protest a week earlier, makes us believe that a larger movement can be built on this issue, capable of bringing greater pressure on the Duterte administration over the killings. Please subscribe to our email list to be updated as plans progress, and feel free to contact us directly in the meanwhile.

David Borden met with members of the Filipino American Human Rights Alliance San Francisco chapter in July 2018. In this video, filmed by FAHRA leader Ago Pedalizo, Borden remarks on the recent awarding of the prestigious "Prize for Freedom" award to Senator de Lima:


These efforts, which continue into 2018, are part of a global drug policy reform program StoptheDrugWar.org has pursued decisively since fall 2014. Much of that involves the United Nations, and our 501(c)(3) US nonprofit organization, DRCNet Foundation Inc., is an accredited NGO in Special Consultative Status with the UN's Economic and Social Council (ECOSOC).

Our international drug policy program is headed by our founder and 24-year executive director, David Borden, who tweets as @stopthedrugwar, and who starting in the near future will tweet on Philippines matters as @BordenUNEventPH. In the near future our organization's blog and newsletter will have a significant focus on the Philippines as well. Our Philippines-related content can also be accessed through our category archive at https://stopthedrugwar.org/philippines.

– END –


 
 
 
 
 
 
 

Chronicle AM: RI Governor Ready to Legalize Weed, Myanmar Opium Crop Drop, More... (1/14/19)

Rhode Island's governor is ready to hop on the pot legalization bandwagon, Vermont solons are moving to legalize pot commerce, Ohio's governor rolls out a response to the opioid crisis, and more.

Opium production is down in Myanmar, the UNODC says. But synthetics are on the rise. (unodc.org)
Marijuana Policy

Rhode Island Governor Proposes Marijuana Legalization. Gov. Gina Raimondo (D) is proposing marijuana legalization as part of her budget plan for the fiscal year beginning July 1. Her proposal would allow for regulated marijuana commerce but would ban home cultivation and place limits on the potency of products available for sale. The proposal would also limit the amount of THC in edibles to do more than 5 milligrams per serving. Raimondo has been slow to jump on the legalization bandwagon but said the state should now move in that direction because most of its neighbors are.

Vermont Legislators Prepare Bill to Allow Marijuana Sales. The Senate Judiciary Committee is planning to introduce a bill that would legalize marijuana commerce in the state. The state legalized marijuana possession last year but did not include a system of taxed and regulated sales. This bill would tax sales at 10%, with a 1% local option tax. The state's Marijuana Advisory Commission had recommended a 26% tax and funneling much of the tax revenues into the departments of public safety and health to pay for new enforcement and prevention efforts, but Judiciary Committee Chair Sen. Dick Sears (D-Bennington) wants the revenues to go into the general fund. He says the bill could pass the Senate within a month, but it faces a rockier path in the House.

Kratom

Utah Bill Would Regulate—Not Ban—Kratom. State Sen. Curt Bramble (R-Provo) has filed SB 58, the “Kratom Consumer Protection Act.” The bill would create regulations about how the substance is sold in the state and would bar the sale and distribution of adulterated kratom.

Heroin and Prescription Opioids

Ohio Governor Confronts Opioid Crisis. Republican Gov. Mike DeWine signed an executive order Monday to create RecoveryOhio, an initiative aimed at confronting the state's opioid crisis. He appointed Alisha Nelson, who oversaw drug abuse policy in the attorney general's office to work"every day with a single-minded focus of fighting the drug epidemic," according to the executive order.

International

UN Says Opium Cultivation Down in Myanmar, Cites Rise of Synthetics. Opium cultivation in Myanmar declined for the fourth year in a row last year, the UN Office on Drugs and Crime said last Friday. UNODC said the 2018 crop was 10% smaller than the previous years. The agency also said the decline was due to a growing regional market in synthetic drugs. 

Chronicle AM: Blumenauer Files HB 420, MI Civil Forfeiture Bills Filed, More... (1/10/19)

The head of the Congressional Cannabis Caucus has been busy, a Massachusetts panel recommends allowing pot cafes, a bipartisan Kentucky medical marijuana is filed, bipartisan Michigan asset forfeiture reform bills get filed, and more.

Rep. Earl Blumenauer (D-OR) has hit the ground running in the new Congress. (house.gov)
Marijuana Policy

Blumenauer Announces Co-Chairs of Congressional Cannabis Caucus for 116th Congress. Rep. Earl Blumenauer (D-OR), a leading advocate for cannabis policy reform and founder and co-chair of the Congressional Cannabis Caucus, today announced the launch of the Caucus for the 116th Congress. The Caucus leadership team includes Rep. Barbara Lee (D-CA), who will become the first woman of color to Co-Chair the Caucus; Rep. Dave Joyce (R-OH), who newly joins the leadership team; and returning Co-Chair, Rep. Don Young (R-AK-At-Large). The bipartisan Caucus provides a forum for members of the U.S. House of Representatives to discuss, learn, and work together to establish a better and more rational approach to federal cannabis policy.

Blumenauer Files Bill to Treat Marijuana Like Alcohol -- House Bill 420. Rep. Earl Blumenauer (D-OR) has filed a bill to treat marijuana like alcohol by removing it from the list of controlled substances. Although it is not yet up on the congressional website, the bill will be numbered HB 420 in a nod to cannabis culture. The bill would put the Bureau of Alcohol, Tobacco, Firearms, and Explosives in charge of regulating marijuana.

Massachusetts Panel Recommends Marijuana Social Consumption Sites. The Cannabis Advisory Board's public safety subcommittee voted Wednesday to allow on-site consumption of marijuana at designated cafes. The subcommittee also voted to allow delivery services. The Advisory Board is just that: it makes recommendations to the Cannabis Control Commission, but the Commission is not bound by its decisions.

Virginia Marijuana Legalization Bill Filed. Delegate Steve Heretick (D-Norfolk) has filed a marijuana legalization bill, HB 2371. It would legalize the possession and sale of marijuana by adults and would decriminalize pot possession for minors. The bill would also allow for limited home cultivation. Marijuana would be regulated by the Department of Agriculture and Consumer Services.

Medical Marijuana

Kentucky Medical Marijuana Bill Filed. A bill with bipartisan support to legalize medical marijuana was filed Wednesday. SB 80 would set up a fully functioning production and distribution system and allow for home cultivation, but its prospects for passage this year are dim. House Majority Floor Leader John Carney has said he would not call for a vote on it if the Senate didn't support it, and Republican Senate President Robert Stivers is still calling marijuana "a gateway drug" that has no medicinal value other than "it makes you feel good."

Asset Forfeiture

Michigan Bills to End Civil Asset Forfeiture Filed. A pair of bills to end civil asset forfeiture in the state, HB 4001 and HB 4002, were filed with bipartisan support Wednesday. The bills would require a criminal conviction before property valued at less than $50,000 could be permanently seized. Laws would also be tightened for seizures involving larger sums of money. The bills were rolled out with Republican House Speaker Lee Chatfield joining Democrats, including Attorney General Dana Nessel, to back the bills.

International

Canada's Black Market Weed is Cheaper, More Prevalent Than Legal Weed. Stats Canada has reported that Canadians bought twice as much black market marijuana last year as legal marijuana, and paid less for it. The average price for a gram of legal pot last year was $9.70 per gram, while black market grams were going for $6.51. Stats Canada blamed legal pot shortages, delivery delays, and issues with delivery web sites.

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

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

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

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

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

2. Canada Becomes the First G8 Country to Legalize Marijuana

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

3. Medical Marijuana Earns Growing Acceptance

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

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

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

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

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

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

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

coca leaves drying by highway
7. South Africa Legalizes Marijuana

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

8. Glimmers of Hope in Mexico

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

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

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

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

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

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

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

Chronicle AM: AK OKs Pot Social Clubs, Vancouver Ponders "Safe Supply" of Hard Drugs, More... (12/21/18)

Vancouver ponders another cutting-edge drug policy move, Alaska okays on-site pot consumption space rules, the president signs the farm bill legalizing hemp, and more.

From Amsterdam to Alaska? Dutch-style on-site consumption spaces win approval in Juneau. (Creative Commons)
Marijuana Policy

Alaska Approves Rules for On-Site Marijuana Consumption. The state's Marijuana Control Board on Thursday approved rules for businesses that want to offer on-site consumption of pot products. Now, businesses that want in will have to apply for a special onsite use endorsement and come up with plans for meeting ventilation and other standards for on-site use. This makes Alaska the first state to develop a regulatory framework for on-site use at the state level.

Medical Marijuana

FDA Begins Process of Allowing Hemp-Based CBD Products. After President Trump signed the 2018 farm bill into law Thursday, the Food and Drug Administration (FDA) issued a press release pledging to pursue means of allowing businesses to legally market products containing hemp or non-psychoactive cannabinoids, such as CBD. FDA also asserted its right to regulate such products. "In view of the proliferation of products containing cannabis or cannabis-derived substances, the FDA will advance new steps to better define our public health obligations in this area," FDA Commissioner Scott Gottlieb said. "We'll also continue to closely scrutinize products that could pose risks to consumers."

Industrial Hemp

Trump Signs Farm Bill, Final Step to Making Hemp Legal. President Trump signed the 2018 farm bill into law Thursday, the final step in the legalization of hemp. The hemp provision of the farm bill, championed by Senate Majority Leader Mitch McConnell (R-KY), received bipartisan support and now ends a ban going back more than seven decades.

Drug Testing

Federal Appeals Court Upholds Florida School District's Suspicionless Drug Testing of Substitute Teachers. A three-judge panel of the 11th US Circuit Court of Appeals has rejected a constitutional challenge to the Palm Beach County School Board's policy requiring substitute teachers to undergo suspicionless drug testing. Federal courts have generally held drug testing to be a search under the Fourth Amendment and barred drug testing by government entities, but have carved out exceptions for students, people involved in safety-sensitive positions, and law enforcement personnel. Although this case doesn't appear to fall into any of those categories, the appeals court nonetheless ruled in the district's favor. "We think that the School Board has a sufficiently compelling interest in screening its prospective teachers to justify this invasion of the privacy rights of job applicants, and thus conclude that the School Board has not violated the constitutional mandate barring unreasonable searches and seizures," said the 54-page opinion, written by Judge Stanley Marcus and joined by Chief Judge Ed Carnes and Judge David Ebel. "As we see it, ensuring the safety of millions of schoolchildren in the mandatory supervision and care of the state, and ensuring and impressing a drug-free environment in our classrooms, are compelling concerns."

International

Vancouver Looks to Pioneer "Safe Supply" for Hard Drug Users. The city council met Thursday to discuss the Mayor's Overdose Emergency Task Force report and how and whether to implement its 23 specific recommendations for action. One key recommendation is to find a location in or near the epicenter of the city's Downtown Eastside hard drug scene for "a clinical space where we could evaluate and enroll people" for a "low-barrier dispersal program for pharmaceutical opioids." Supporters are using the phrase "safe supply" to describe the concept aimed at reducing skyrocketing overdose deaths linked to illicit fentanyl.

Chronicle AM: Supreme Court Hears IN Seizure Case, Filipino Cops Jailed for Drug War Crimes, More... (11/29/18)

The Supreme Court heard oral arguments in an Indiana asset forfeiture case, outgoing marijuana reform roadblock Rep. Pete Sessions (R-TX) has done it again, a North Carolina "decrim" bill gets filed, and more.

Three Philippine police are jailed for murder, marking a first in Rodrigo Duterte's bloody drug war. (Creative Commons)
Marijuana Policy

Pete Sessions Blocks Another Federal Pot Bill. Rep. Pete Sessions (R-TX) has consistently used his position as chair of the House Rules Committee to block marijuana reform measures, and he did it again Wednesday. This time he blocked an amendment from Rep. Jared Polis (D-CO) that aimed at providing tax relief for legal marijuana businesses. But Sessions' career as reform roadblock is coming to an end; he was defeated in the November midterms. Incoming Rules Committee Chairman Rep. James McGovern (D-MA) has already promised to allow marijuana amendments to move when he takes over in January.

North Carolina Legislators File Bill to Decriminalize Up to Four Ounces. Four legislators have co-sponsored a bill, S 791, which would essentially decriminalize the possession of up to four ounces of marijuana. Possession would remain a misdemeanor, but with no possible jail sentence, and the bill includes language that would allow people convicted of possessing less than four ounces to petition for expungement, which would be automatic if the amount actually was under four ounces.

Asset Forfeiture

Supreme Court Oral Arguments Suggest Indiana Will Be Slapped Down in Asset Forfeiture Case. The Supreme Court heard oral arguments Wednesday in the case of an Indiana man whose $42,000 Land Rover was seized after he pleaded guilty to small-scale heroin sales, and the justices' questioning strongly suggested they would rule against the state. The legal argument is whether the 8th Amendment's provisions against "excessive fines" applies to civil asset forfeiture at the state level. The case is Timbs v. Indiana.

Harm Reduction

San Diego Judge Orders Preliminary Injunction Closing Orange County Needle Exchange Program. A San Diego judge has issued a temporary injunction to shut down a mobile syringe exchange program run by the Orange County Needle Exchange Program (OCNEP), which is being sued by Orange County. A ruling issued in California Superior Court on Tuesday bars the mobile program from operating until a trial is held sometime in January 2019.

International

Brazilian Lawmakers Approve Medical Marijuana Bill. A bill that would allow the cultivation and use of marijuana for medical reasons was approved by a Senate committee on Wednesday. Patients with doctors' prescriptions would be able to grow, possess, and consume the drug. The Senate Social Affairs Committee advanced the bill, but it now has to be approved by the Commission on Constitution and Justice before going to a Senate floor vote. If it passes the Senate, it must then be approved by the Chamber of Deputies and signed by incoming President Jair Bolsonaro, who opposes legalization and has espoused a harsh approach to drugs.

Philippine Court Sentences Three Cops for Drug War Murder of Teen. The Caloocan City regional trial court on Thursday sentenced three police officers found guilty of murdering a 17-year-old high school student to 40 years in prison. They were the first police to be convicted in President Rodrigo Duterte's bloody war on drugs. "A shoot first, think later attitude can never be countenanced in a civilized society. Never has homicide or murder been a function of law enforcement. The public peace is never predicated on the cost of human life," said the ruling by Judge Roldolfo Azucena.

Mexico's Supreme Court Effectively Legalizes Marijuana Possession, Cultivation, and Use [FEATURE]

In an earth-shaking development, Mexico's Supreme Court ruled last Wednesday that the country's prohibition of marijuana use, possession, and personal cultivation is unconstitutional. The decision came in a pair of cases challenging the ban on weed, and because these rulings mark the fifth time the court has ruled similarly, the opinions are now legal precedent in the country.

The high court in Mexico City based its decision on constitutional protections of individual autonomy.

"The fundamental right of the free development of the personality allows adults to choose -- without any interference -- what recreational activities they desire to undertake and protects all the activities necessary to make that choice… The effects of marijuana consumption do not justify an absolute prohibition of its use," the court held.

But the court also noted explicitly that the right to grow, possess, and consume marijuana "is not absolute and the consumption of certain substances can be regulated."

That means it will be up to lawmakers to come up with rules around the legal use of marijuana, as well as any move toward a regulated, legal marijuana market in the country. And that is likely to happen: Parties backing President-Elect Andres Manuel Lopez Obrador (AMLO), who is supportive of marijuana legalization and open to considering broader legalization, control absolute majorities in both the Senate and the Chamber of Deputies.

In its rulings, the high court ordered the federal health regulatory agency, COFEPRIS, to authorize the use of marijuana by adults who choose to do so, but it also added: "albeit without allowing them to market it, or use other narcotics or psychotropic drugs."

Mexico has already decriminalized both pot possession and the possession of personal use amounts of other illicit drugs.

Coming less than two weeks after Canada's marijuana legalization came into effect, the striking decision by the Mexican Supreme Court is only going to add to the pressure to advance federal marijuana legalization here in the US.

"This is extraordinary because it is taking place in one of the countries that has suffered the most from the war on drugs," said Hannah Hetzer, senior international policy manager for the Drug Policy Alliance. "With marijuana already legal in Canada, now both of the US's neighbors will have legal marijuana, making the US federal government's prohibition of marijuana even more untenable."

If the Democrats take control of the House this week, expect to see a strong push for federal legalization, along the lines that Congressional Cannabis Caucus founder Rep. Earl Blumenauer (D-OR) laid out earlier this month. If the Republicans retain control of the Senate, as is widely expected, the upper chamber would be a tougher nut to crack -- but GOP senators may want to reflect on the fact that, according to the most recent Gallup poll, support for legalizing weed is at an all-time high of 66 percent, and even 53 percent of Republican voters now are on board.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

The Drug Policy Alliance is a financial supporter of both Drug War Chronicle and Drug Reporter.

Chronicle AM: Three of Four MJ Inits Win, Mexico Legal MJ Bill, FL Felony Disenfranchisement Repealed, More... (11/7/18)

Three out of four marijuana initiative pass, so does restoring the vote to ex-felons in Florida, but Ohio drug defelonization fails.

Marijuana Policy

 

Michigan Becomes First Midwest State to Legalize Marijuana. The Proposal 1 legalization initiative had 55.8 percent of the vote with 96 percent of the vote counted as of Wednesday morning. The measure will legalize, regulate, and tax marijuana in Michigan for adults aged 21 and older. It allows for the possession of up to 2.5 ounces of marijuana and cultivation of up to 12 plants for personal use, while also establishing a legal framework for the licensing and regulation of marijuana businesses and products.

North Dakota Marijuana Legalization Measure Fails. The Measure 3 legalization initiative was decisively defeated. It managed to garner only 40.5 percent of the vote. Measure 3 was a grassroots effort with little outside support and strong and deep-pocketed opposition.

Ohio Towns and Cities Vote to Decriminalize Pot Possession. Five out of six Ohio localities that had decriminalization measures on their local ballots approved them. Decriminalization won overwhelmingly in Dayton, Fremont, Norwood, Oregon, and Windham. It lost in only one town: Garrettsville.

Wisconsin Voters Approve Non-Binding Marijuana Advisory Questions. Voters in localities across the state signaled their support for medical marijuana, marijuana legalization, and decriminalization in a series of local non-binding advisory questions. In all 10 counties one city where voters were asked if marijuana should be legal, they said yes, by margins of better than two-to-one. Medical marijuana got even stronger support, and in Racine, a question on decriminalization won by a margin of two-to-one.

Medical Marijuana

Missouri Votes To Legalize Medical Marijuana. Two of three medical marijuana initiatives won. Amendment 3, which would have imposed a 15 percent tax and set up a research institute benefiting its author, was easily defeated, while Amendment 2 had 65.5 percent support, and Proposition C had 56.5 percent. Amendment 2 was backed by both the Marijuana Policy Project and the Drug Policy Alliance.

Utah Voters Approve Medical Marijuana. Despite the machinations of the Mormon Church and the state's Republican political establishment, which sought to blunt support for Proposition 2 by promising to pass some sort of medical marijuana bill later this year, voters weren't willing to wait. Prop 2 had 53.2 percent of the votes, with 76 percent of precincts reporting. Even in Deep Red Utah, medical marijuana wins. Under this measure, people with designated qualifying conditions can obtain a medical marijuana recommendation from a doctor, but patients whose conditions aren't listed have to go through a more rigorous process. Patients won't be allowed to smoke their medicine, either. It remains to be seen what will happen with medical marijuana in the legislature.

Sentencing

Ohio Drug Defelonization Initiative Defeated. Voters soundly rejected Issue 1, which would have made drug possession felonies into misdemeanors, by a margin of 65 percent to 35 percent. The move, aimed at reducing the state's prison population, was opposed by prosecutors, judges, coroners, and Republican Gov. John Kasich. Issue 1 had other proposals as well: reducing prison sentences by up to 25 percent for most prisoners if they complete educational, work or rehabilitative programs. Probation violations that weren't new crimes would not have resulted in prison.

Voting Rights

Florida Votes to Restore Voting Rights to Felons. There will be nearly 1.5 million potential new voters in the Sunshine State for the next election after voters Tuesday approved Amendment 4, which restores voting rights for people in the state convicted of felonies as long as they have completed their sentences, although anyone convicted of murder or felony sex offenses would be excluded. About 9.2 percent of the state voting-age population.

International

Mexico Marijuana Legalization Bill Filed. A key ally of incoming President Andres Manuel Lopez Obrador on Tuesday filed a bill to legalize marijuana cultivation and sales. Senator Olga Sanchez Cordero, who is expected to be named interior secretary, filed the General Law for the Regulation and Control of Marijuana. The move comes just days after the Mexican Supreme Court ruled that the prohibition of marijuana for personal use is unconstitutional.

[Drug Policy Alliance is a publisher of the organization that publishes this newsletter.]

Chronicle AM: Legal MJ Shortages, Mexico to Move Toward Legal MJ Market, More... (11/3/18)

The Granite State has a new guide to marijuana legalization, ONDCP releases coca cultivation and cocaine production figures for Peru and Bolivia, Canada suffers legal pot shortages, and more.

North America is becoming a very weed-friendly continent. (Creative Commons)
Marijuana Policy

New Hampshire Commission Issues Marijuana Legalization Report. The Commission to Study the Legalization, Regulation, and Taxation of Marijuana has released its report, complete with 54 separate recommendations on how legalization should be implemented. Among them are creating a state-level Cannabis Commission to regulate it, similar to the way the state regulates alcohol. The group estimated that legalization could bring in revenue of $36.6 million a year once the market stabilizes, and possibly reaching $47 million. The report is designed to help guide any legislative moves toward legalization.

Medical Marijuana

Iowa Regulators Reject Bid to Raise THC Cap on New Medications. The state's Medical Cannabinoid Board voted unanimously last Friday to rebuff an effort to raise the 3% THC cap on new medications. Proponents argued that more THC is more effective in treating some conditions, while critics worried that lifting the limit could encourage abuse. "I'd like to get another year or two under our belts and see how people respond with the current THC cap," said board member Lonny Miller, a family physician from Creston.

Foreign Policy

ONDCP Releases Data on Coca Cultivation and Cocaine Production in Peru and Bolivia. The White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) released the US government's annual estimates of coca cultivation and cocaine production for Bolivia and Peru last Friday. Although Peru produces more coca and cocaine than Bolivia, and although Peru's coca cultivation and potential cocaine production are trending up while Bolivia's are trending down, ONDCP was more critical of Bolivia. "The ongoing coca --cultivation in both Peru and Bolivia pose a threat for us as a nation, and aggravates our domestic drug addiction crisis," said ONDCP Deputy Director Jim Carroll. "It is important that our governments work together to take action against cultivation and production, and to save lives of those affected by drug trafficking. Peru continues to be a great partner and we have a shared responsibility to address this problem. In Bolivia, we would like to see real efforts against cultivation and production."

International

Canada Struggles to Meet Huge Demand for Legal Marijuana. Just two weeks after legal retail marijuana sales began, Canadian pot retailers -- both physical and online -- are having problems dealing with unexpectedly high demand. In much of the country, the legal supply has almost entirely dried up. "There is not enough legal marijuana to supply all of recreational demand in Canada," said Rosalie Wyonch, a policy analyst at the CD Howe Institute. "The shortages are happening faster than I would have expected, but our research suggested quite strongly that there would be shortages in the first year of legalization."

Colombia Announces New Strategy to Disrupt Drug Trade. Last Thursday, Colombian Attorney General Nestor Humberto Martinez announced a new "disruption policy" of going after the cocaine trade by cutting access to alkaloids and power sources in rural areas. He called for "petrochemical innovation" so that fuels stop yielding the factors needed to create cocaine hydrochloride, as well as restricting the sale of government-subsidized gasoline in cocaine and marijuana producing regions. But one analysis says the proposals "might sound innovative on paper but are unlikely to have a major impact on the drug trade and may end up hurting long-suffering residents."

Mexico's Ruling Party Plans Legislation To Legalize Marijuana Sales. Less than a week after the country's Supreme Court ruled that laws barring the personal use, possession, and cultivation of marijuana are unconstitutional, key figures in the ruling MORENA Party are already moving to craft legislation to create a legal marijuana market. First, they say, they will move to repeal the now null and void criminal laws against marijuana, and then, "We are going to take a step forward in the regulation that may already involve the production, marketing and distribution of marijuana," said Olga Sánchez Cordero, a senator who is expected to become interior secretary in the incoming government of President-elect Andrés Manuel López Obrador. "I say it from the heart: we celebrate it, the Court is setting a marvelous precedent for us to walk in that direction," Sánchez added.

Bad News from Brazil: The Right Populist President-Elect Will Be Absolutely Horrid on Drug Policy [FEATURE]

The far rightist Jair Bolsonaro won Sunday's presidential election with 55 percent of the vote. His victory promises to push Latin America's largest democracy to the right in many arenas, including drug policy, where his past pronouncements place him firmly in the camp of murderous anti-drug reform authoritarians such as Philippines President Rodrigo Duterte, who has presided over a war on drug sellers and users that has left more than 20,000 dead at the hands of police and shadowy vigilante death squads.

Jair Bolsonaro (Creative Commons)
Despite a highly divisive candidacy that included repeated derogatory comments aimed at gays, women, black people, and indigenous peoples, his victory over the Workers Party, which has been tarnished by corruption scandals, was decisive. Bolsonaro seems likely to act as if he has a mandate from the voters to enact his extremist policies, among them extraordinarily repressive drug policies.

Thanks to London-based Talking Drugs, we have a very clear idea of just how extreme Bolsonaro's rhetoric on drug policy has been. Saying the bloody-handed Duterte "did the right thing for his country," Bolsonaro seeks to emulate him, saying repeatedly that police should kill people suspected -- not convicted -- of drug trafficking.

He has also vowed to intensify an already militarized crackdown on drug offenses, deepening the human rights and public health crises that drug prohibition has already inflicted on the country. Police and the military already work together to raid, arrest, and, too often, kill people allegedly involved in drug trafficking, especially in the favelas, the urban slums home to millions of the country's poor.

Brazil's murder rate is 27 per 100,000 people, four times the global average and higher than the rates of neighbors such as Bolivia, Colombia, and Peru -- all cocaine-producing countries. Brazil is the world's second largest cocaine-consuming country, after the United States.

Domestic drug consumption has been on the rise for years in Brazil, and although there have been legislative attempts to decriminalize drug use, drug users continue to be criminalized, contributing mightily to Brazil's ranking as the country with the world's fourth-largest prison population.

Bolsonaro wants to heighten the repressive approach. He has detailed plans to increase the involvement of the military in drug law enforcement, including targeting school children. "It would be good to have the military in the schools," he said, because "in the streets, in the schools even, the bandidos [bandits] sell drugs and smoke marijuana openly."

Speaking of maconha [Brazilian slang for marijuana], Bolsonaro isn't too fond of that, either. In fact, he sounds positively deranged on the issue. Legalizing marijuana, as neighboring Uruguay has done, would "benefit traffickers, rapists, and hostage takers," he charged, without bothering to cite any supporting evidence of his claims and in direct contradiction of the Uruguayan experience.

And in a bizarre interview with El Pais, the homophobic Bolsonaro even claimed that using drug makes people gay. When the journalist who interviewed him published the piece, Bolsonaro accused him of being gay, too.

He demonstrates a very Trumpian tendency to play fast and loose with the facts to try to score ideological points. He has linked illegal drug use to liberal governments, claiming that "drug use is prominent in countries under liberal administrations, such as Honduras, Nicaragua, El Salvador, Mexico, and Venezuela." But Honduras has been ruled by rightists since 2010 and Mexico's outgoing president is a member of the Institutional Revolutionary Party (PRI), since the 1980s viewed as center-right.

All of this doesn't bode well for progress on progressive drug policies in Brazil. In the past, there have been strong public health-based initiatives to provide harm reduction services to drug users, including a very successful program created by then Sao Paolo Mayor Fernando Haddad. His With Open Arms program provided drug users with housing, daily meals, access to health care, and the opportunity to earn money by doing cleaning work. The program was a success in reducing drug-related harms but has been dramatically slashed by his successor.

Haddad was the last candidate standing between Bolsonaro and the presidency, but the country's swing to the right overwhelmed him. While the immediate future for progressive drug reform in Brazil looks grim, the one bright spot is that, like Trump, Bolsonaro tends to make bold, yet vague, pronouncements, often with little follow-through. Let's hope his tough talk on drugs is more bluster than actual concrete policy shifts to the right, but hope isn't going to win the day. Brazilians interested in human rights, public safety, harm reduction, and drug law reform are going to have to mobilize to protect what limited gains they have one and to prevent sliding backward by embracing harsh, failed, last century drug policies.

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