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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 –


 
 
 
 
 
 
 

Transforming Global Drug Policy: From A Punisher Paradigm to Embracing Human Rights [FEATURE]

By its very nature, the global drug prohibition regime relies on the repressive apparatus of state actors to enforce compliance, and that has severe implications for human rights. Now, a coalition of United Nations member states, U.N. bodies, and leading human rights experts has launched a landmark set of international legal standards aimed at putting human rights concerns at the center of drug policy.

Drug execution in Iran, 2017. The Islamic Republic has greatly reduced the use of the death penalty for drugs. (handsoffcain)
The human rights implications of the global war on drugs cover a dizzying array of governmental abuses of their citizens. Whether it's the mass imprisonment of drug users in the US, the death squad-style atrocities of Philippines President Rodrigo Duterte's bloody anti-drug campaigns, the spraying of herbicides on coca-growing peasants in Colombia, forced drug treatment camps in Southeast Asia, or the resort to the death penalty for drug offenses in any number of countries, the quixotic global effort to eradicate drugs has left a trail of human rights abuses.

For years, human rights organizations such as Amnesty International and Human Rights Watch have championed the need to put human rights front and center when it comes to drug policy. But with the issuance this week of the International Guidelines on Human Rights and Drug Policy recognition of the necessary centrality of human rights moves from the sidelines to the very center of the global drug prohibition regime. Released under the aegis of the U.N. Development Program and the Joint U.N. Program on HIV/AIDS (UNAIDS) with the endorsement of key member states, the guidelines create a comprehensive set of human rights standards to guide governments in developing drug policies that comply with basic standards of universal human rights.

They also come at a key juncture in the global drug policy-formation process. The guidelines are being released as high-level governmental representatives are gathered at the Commission on Narcotic Drugs in Vienna to shape a new global drug strategy. With decades of evidence showing the systemic failures of the punitive paradigm, including widespread human rights violations, the U.N. and member states are facing a rising clamor for a shift in policy -- one that not only respects human rights but also places global drug policy in line with broader U.N. objectives.

"Drug control policies intersect with much of the 2030 Agenda for Sustainable Development and the pledge by Member States to leave no one behind. Approaches that violate human rights and fail to curb the illicit drug trade are leaving a trail of human suffering," said Mandeep Dhaliwal, director of UNDP's HIV, Health and Development Group. "For countries who are ready to place human dignity and sustainable development at the heart of their drug control policy, these guidelines offer valuable guidance to promote more effective and humane drug control policy."

universal human rights logo
One focus of the guidelines is criminal justice and the rule of law, and they feature recommendations across the realm of the administration of justice. Whether it's arbitrary arrest and detention, discriminatory policing practices, or drug decriminalization, the guidelines bring the global state of human rights law regarding drug policy into full view, including ending the death penalty for drug-related offenses.

Drug decriminalization gets particular attention. The guidelines note that at least 25 national governments have decriminalized the possession of drugs for personal use and that the U.N. system has jointly called for drug decriminalization as an alternative to arrest, conviction, and punishment of drug users.

"Punishment and exclusion have been instrumental to the war on drugs" said Judy Chang, Executive Director of the International Network of People who Use Drugs. "The time has come to privilege human dignity over social isolation and champion human rights, putting an end to the shameful legacy of mass incarceration."

But the guideline encompass more than criminal justice; they also make clear that a human rights emphasis is key in improving people's rights to health, an adequate standard of living, and to be free from torture. The guidelines say that states are obligated by their health obligations to ensure the availability and accessibility of harm reduction services, such as needle exchanges and safe consumption spaces. Those services must be adequately funded, appropriate for the needs of vulnerable groups, and respectful of the human dignity of their clients, the guidelines say.

"Ninety-nine percent of people who inject drugs do not have adequate access to harm reduction services and are left behind in progress against HIV," said Michel Sidibé, Executive Director of UNAIDS. "More than 12 percent of people who inject drugs are living with HIV and over half have hepatitis C. The only way to advance progress is to put people at the center, not drugs."

The guidelines also emphasize the importance of protecting the rights of farming communities -- especially women -- even to the extent of urging governments to temporarily permit the cultivation of illicit drug crops to allow farmers the chance to make a smooth transition to alternative crops. They cite Thailand's success in helping farmers move from opium production to alternative livelihoods.

Issuance of the guidelines will help member states, multilateral organizations, and civil society in their fight to help the rights-supporting U.N. Charter and Universal Declaration of Human Rights assume their deserved central role in the formulation of both international and national drug policies. For too long, globally accepted human rights standards have been sidelined by repressive approaches.

"Human rights should not just inform critiques of the response to drugs worldwide, they should also be the main drivers of its reform, underpinning checks and balances to break cycles of abuse" said Julie Hannah, Director of the International Centre on Human Rights and Drug Policy, University of Essex "Fighting inequality and injustice is a more effective way of addressing the global drug problem than prisons and police."

Chronicle AM: Legal Pot Bill This Week in NJ, Global Drug War Human Rights Guidelines Issued, More... (3/18/19)

A New Mexico pot legalization bill dies and the governor says she will take it up next year, Minneapolis will quit charging small-time pot offenders, UN bodies and member states issue drug war human rights guidelines, a federal prisoner sues for access to methadone treatment, and more.

The state of New Jersey is banking on marijuana tax revenues. Now, to get that bill passed. (Creative Commons)
Marijuana Policy

Connecticut Democrats Unveil Legalization Package. A group of House Democrats held a press conference last Thursday to unveil a proposed package go bills to allow marijuana to be grown, processed, and sold to consumers in the state. The draft bills include a pilot plan for adult sales, but do not include letting people grow their own.

New Jersey Legalization Committee Votes Begin Today. The compromise legalization bill agreed to by Gov. Phil Murphy (D) and legislative leaders is due for committee votes Monday, with an eye toward final passage next Monday if all goes well. The bill would allow adults to possess up to an ounce, but not grow their own. It would also expunge records of past pot offenses and set up a system of taxed and regulated marijuana commerce.

New Mexico Decriminalization Bill Goes to Governor, But Legalization Bill Dies. In last minute action this past weekend, the legislature passed a pot decriminalization bill, SB 323, and sent it to the desk of Gov. Michelle Lujan Grisham (D). That’s some small consolation for the failure of a legalization bill, HB 356, which passed the House but died in the Senate Finance Committee.

New Mexico Governor Adds Marijuana Legalization to 2020 Agenda. Gov. Michelle Lujan Grisham said Sunday she will add marijuana legalization to the agenda of next year’s 30-day short session. The move comes after a bipartisan marijuana legalization bill managed to pass the House this session, only to be stalled in the Senate until the session expired on Saturday.

Minnesota’s Most Populous County Won’t Charge Small-Time Pot Offenders. Prosecutors in Hennepin County, the home of Minneapolis, will no longer prosecute people caught with small amounts of pot, County Attorney Mike Freeman said last Thursday. Under state law, possession of up to 42.5 grams is a misdemeanor, but possession of as little as 45 grams can be charged as a felony. Freeman said he will no longer charge anyone caught with less than 100 grams; instead, defendants will be considered for a diversion program.

Medical Marijuana

Missouri Posts Draft Rules for Medical Marijuana Program. The Department of Health and Senior Services released more drafts of rules for the state's emerging medical marijuana system last Thursday. The rules cover marijuana cultivation facilities, manufacturing facilities and medical marijuana establishments in general. Click on the link for a detailed analysis of the proposed regulations.

Oklahoma Governor Signs Medical Marijuana Rules into Law.  Gov. Kevin Stitt (R) last Thursday signed into law new regulations for the state’s nascent medical marijuana industry. The legislation sets guidelines for inventory testing and tracking, advertising, and packaging and labeling, among other things. It also allows employers to fire medical marijuana users in certain safety-sensitive positions, such as fire fighters and heavy machinery operators.

Hemp

Idaho Hemp Bill Moving. A bill to legalize hemp production, HB 122, passed out of a pair of committees last Thursday and is now headed for a House floor vote. The 2018 farm bill legalized hemp production, and 41 other states have already legalized hemp production.

Psychedelics

Oakland Psychedelic Decriminalization Initiative in Planning Stages. A coalition of advocacy groups in hosting a series of meetings in coming months aimed at building support for an initiative to decriminalize not only magic mushrooms but all “entheogenic plants, fungi, and natural sources.” The campaign is called Decriminalize Nature.

Drug Treatment

Incoming Federal Prisoner Sues Over Policy Banning Methadone Treatment. A Massachusetts woman who is about to enter federal prison and will not be permitted to continue methadone treatment for opioid addiction under prison rules has filed a lawsuit against the federal Bureau of Prisons over the policy. Stephanie DiPierro has to do a year for collecting disability benefits and food stamps without reporting income from a job and has been on methadone since 2005.

Massachusetts Bill Would Block Courts from Jailing Defendants in Treatment Who Fail Drug Tests. After the state’s highest court ruled last year that judges could order jail time for defendants who violate probation by using drugs, legislators have responded with S. 397, which would bar judges from incarcerating people who are in treatment and fail mandatory drug tests while on probation. The bill is currently before the Senate Judiciary Committee.

Human Rights

UN Member States, UN Bodies, and Human Rights Groups Launch International Legal Guidelines on Human Rights and Drug Policy. A coalition of UN Member States, UN entities and leading human rights experts meeting at the Commission on Narcotic Drugs on Monday launched a landmark set of international legal standards to transform and reshape global responses to the world drug problem. The International Guidelines on Human Rights and Drug Policy introduces a comprehensive catalogue of human rights standards. They are a guide for governments to develop human rights compliant drug policies, covering the spectrum of cultivation to consumption. Harnessing the universal nature of human rights, the document covers a range of policy areas from development to criminal justice to public health.  

International

Philippines Quits International Criminal Court Over Drug War Investigation. A year after the Philippines told the United Nations it was quitting the world’s only permanent war crimes tribunal because it is investigating human rights abuses in the bloody war on drugs led by President Rodrigo Duterte it has now officially withdrawn from the International Criminal Court. Manila moved to quit after the body launched a preliminary examination in 2018 into President Rodrigo Duterte's drug crackdown that has killed thousands and drawn international censure. However, the ICC said its preliminary investigation into Filipino drug war abuses would continue.

Chronicle AM: NJ Legal Pot Deal Reached, Key UN Body Calls for Global Drug Decrim, More... (3/12/19)

Marijuana and medical marijuana bills are seeing action in the states, South Dakota's governor vetoes an industrial hemp bill, a key UN organization calls for global drug decriminalization, and more.

New Jersey Gov. Phil Murphy (D) says he has reached an agreement with key legislators to legalize weed by month's end. (CC)
Marijuana Policy

Colorado Bill to Allow Social Consumption Filed. State Rep. Jonathan Singer (D) and cosponsors filed House Bill 1230 last Friday. The bill would pave the way for legal marijuana “tasting rooms” beginning in January. The bill would also allow hotels, spas, and other businesses to apply for cannabis licenses. A similar bill was vetoed by Gov. John Hickenlooper last year, but now the governor is the more marijuana-friendly Jared Polis.

Minnesota Senate Committee Kills Legalization Bill. The Senate Judiciary Committee on Monday killed a bill that would have legalized marijuana on a 6-3 vote along party lines. SF 619 would have allowed adults to use, possess, grow, and buy marijuana from licensed retailers.

New Jersey Governor, Key Lawmakers Announce Agreement on Legalization Bill. Gov. Phil Murphy (D) and legislative leaders announced Tuesday that they had reached agreement on a bill to legalize marijuana. They also announced that they planned to pass the bill on March 25. "I believe that this legislation will establish an industry that brings fairness and economic opportunity to all of our communities while promoting public safety by ensuring a safe product and allowing law enforcement to focus their resources on serious crimes," the governor said.

New York Legalization Bid Hits Bump. Gov. Andrew Cuomo (D) said Monday that it is now unlikely that marijuana legalization will be included in the state budget, which is due this month, suggesting that there are roadblocks remaining on the path to legalization. "I’m no longer confident marijuana will be done in the budget," Cuomo told reporters at the Capitol, adding that legislative leaders are still far apart on a path forward. "I’ve had discussions with them on it. There is a wide divide on marijuana. I believe ultimately we can get there, and we must get there," he said. "I don’t believe we get there in two weeks. And also that’s what the legislative leaders have said."

Washington Senate Approves Expungement Bill. The Senate on Monday approved SB 5605, which would expunge some 69,000 past convictions for misdemeanor marijuana possession in the state. A companion measure is moving in the House.

Medical Marijuana

Earl Blumenauer Reintroduces Veterans Medical Marijuana Bill. Rep. Earl Blumenauer (D-OR) is back once again with a bill that would allow doctors at the Veterans Administration to recommend medical marijuana to veterans. HB 1647 is similar to bills that Blumenauer has sponsored for the past several years but were blocked by intransigent House Republican leaders. This year, though, the Democrats control the House.

Michigan Adds Cerebral Palsy to List of Qualifying Conditions. The Department of Licensing and Regulatory Affairs announced Monday that it had added cerebral palsy to the list of qualifying conditions to use medical marijuana. It rejected adding chronic aggressive behavior after panel members unanimously recommended denial.

New Mexico Medical Marijuana Access Expansion Bill Passes Senate. The Senate on Monday approved SB 406, which would allow for onsite consumption of medical marijuana at dispensaries, allow people living on Indian land to grow their own, and create civil protections for patients for schooling, child custody, and medical care. A similar bill was vetoed by Gov. Susana Martinez (R) last year, but she’s gone now.

Hemp

South Dakota Governor Vetoes Hemp Bill. Gov. Kristi Noem (R) on Monday vetoed HB 1191, which would have legalized industrial hemp production in the state. In her veto message, she said it could be a first step toward legalizing marijuana and that it could make law enforcement’s job more difficult. The bill passed the House overwhelmingly but passed the Senate by a margin just short of veto-proof. It’s not clear yet whether the legislature will attempt an override.

International

Key UN Organization Calls for Global Drug Decriminalization. The UN Chief Executives Board (CEB), representing 31 UN agencies including the Office on Drugs and Crime, had adopted a position calling on member states to adopt science-based, health-oriented approaches to drug policy—namely decriminalization. The policy shift came in January, but was not publicly announced.

Israel’s Netanyahu Says He’s Open to Marijuana Legalization. Faced with a party that advocates marijuana legalization gaining momentum in the weeks before national elections, Israeli Prime Minister Benjamin Netanyahu said Monday he was looking into legalizing it himself. Younger voters have been drifting toward support for the Zehut Party before the April 9 elections.

UN Reports Methamphetamine Production Skyrocketing in Southeast Asia. The UN Office on Drugs and Crime reported Monday that methamphetamine production in Southeast Asia is booming, with prices dropping and usage expanding even as seizures hit record highs. "Data on seizures, prices, use, and treatment all point to continuing expansion of the methamphetamine market in East and Southeast Asia," said Tun Nay Soe, the agency's inter-regional program coordinator. "The shift to methamphetamine has affected even countries traditionally known to have a relatively large market for heroin, such as China and Malaysia,” he added. “In Malaysia, the number of methamphetamine users detected by law enforcement authorities surpassed that of heroin users for the first time in 2017." 

Chronicle AM: CND Delays Vote on Pot Rescheduling, RI Drug Defelonization Push, More...(2/26/19)

San Francisco moves to expunge more than 9,000 pot convictions, Rhode Island's attorney general wants to defelonize drug possession, Peruvian farmers are leaving the coffee fields for the coca fields, and more.

Marijuana Policy

Baltimore Mayor Pressed to End Marijuana Arrests. Fourteen local advocacy groups have sent a letter to Mayor Catherine Pugh urging her to direct the police commissioner to stop arresting people for small-time pot offenses. The letter comes after Baltimore State's Attorney Marilyn Mosby announced a new policy of not prosecuting such cases, only to have interim Police Commissioner Gary Tuggle, a former DEA agent, refused to order police to stop making the arrests. Tuggle is gone now, but it's unclear what his replacement, Michael Harrison, will do, thus the letter to the mayor urging her to lead on the issue.

San Francisco Will Expunge More Than 9,000 Marijuana Convictions. City prosecutors announced Monday that they would move to expunge some 9,300 marijuana possession convictions dating back to 1976. The move comes after a yearlong review of pot convictions in the city. The effort was bolstered by the city's decision to work with a Code for America, a nonprofit that uses technology to make government more efficient. Coders created an algorithm that combed through the city's decades worth of criminal records in minutes—and automatically filled out the required forms to be turned in during the expungement process.

Medical Marijuana

Missouri Publishes First Draft Medical Marijuana Rules. The state Department of Health and Human Services has posted its first draft rules for the state medical marijuana system approved by voters in November 2018. The first batch of draft rules deals with requirements for ID cards for the program. There will be public hearings before the rules are finalized. The state has until June 4 to begin taking applications for ID cards.

Treatment

West Virginia House Approves Drug Treatment Bills. The House on Monday passed two bills related to drug treatment and amended a third. HB 3132 exempts certain providers from some of the medication-assisted treatment licensing requirements. HB 3133 would mandate that probationers with history or symptoms of addiction to attend support services for at least 60 days. The bill that was amended was HB 2991, which authorizes the continuation of an addiction prevention and recovery fund. That bill requires any proceeds from settlements with drug manufacturers or distributors to go into the fund; the amendment would allow state agencies to recover reasonable administrative costs.

Sentencing

Rhode Island Attorney General Plans Bill to Defelonize Drug Possession. State Attorney General Peter Neronha has announced plans to introduce legislation that would make possession of up to an ounce of any drug other than marijuana a misdemeanor. "There is a significant difference between those who traffic in drugs and those who possess them," explained Neronha at a press conference at the attorney general’s office in Cranston. "I learned how difficult it is for somebody getting out of prison, or somebody with a felony conviction to get back into the workforce. To get housing. To get back on their feet," he said.

International

UN Commission on Narcotic Drugs Delays Vote on WHO Marijuana Rescheduling Recommendation. The Commission on Narcotic Drugs will not vote on the World Health Organization's marijuana recommendations during its March session in Vienna That news comes after the release of the recommendations, which had been expected in December, was delayed. Several counties asked for more time to consider the recommendations saying they only received the rescheduling recommendation in late January. If the recommendations had come out in time, countries would have had three months to study them before the Vienna meeting.

Peru Farmers Are Abandoning Coffee Crops to Work in Coca Fields. Slumping coffee prices and delays in certifying organic beans are pushing Peruvian coffee growers out of the business and into the coca fields, the country's main coffee growers' association said Monday The Junta Nacional del Café said farmers started migrating to coca growing regions in December and hundreds have since abandoned their coffee fields. "Coffee ... exports are in real trouble, and we lack the support of the government with clear actions to overcome them," said the JNC’s head, Tomas Cordova. "This foments poverty, unemployment and the expansion of illegal crops."

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. 

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.

There is an "Elegant Way" to End Global Prohibition Agreements

Uruguay legalized marijuana in 2013. Canada legalized it last week. In doing so, both countries put themselves in clearly violation of the UN anti-drug treaties that are the legal backbone of global drug prohibition. The US arguably continues to do so through state-level legalization accommodated by federal practice.

Not much has happened. That's because the treaties are toothless; they have no effective enforcement mechanisms that apply to most countries. If a country that grows opium for the global medicinal market, the International Narcotics Control Board can threaten to revoke its rights under the global quota system, for example. But while the global anti-drug bureaucrats at the INCB can write irate memos criticizing Ottawa and Montevideo, that's about it. They have done so, and Canada and Uruguay have blithely ignored them.

Still, the 1961 UN Single Convention on Narcotic Drugs and its 1971 and 1988 follow-ups are global agreements, and while an argument can be made that countries that want to legalize marijuana or other drugs should just ignore that provision -- say, on the basis that they are prioritizing the human rights treaties -- there is a counterargument to be made that it is better to modify or creatively interpret the existing global framework than to merely brush aside the anti-drug treaties.

The good folks at the Transnational Institute's (TNI) Drugs and Democracy program have come up with what they call "an elegant way" to end global prohibition agreements. It's called inter se modification. Instead of ignoring the tension between national-level legalization and the treaties, using this strategy would "resolve those treaty tensions and enable progressive and sustainable change at the global level."

What inter se modification does is allow two or more signatory states to the UN conventions to enter into an agreement among themselves alone. As TNI explains in the video below, a group of countries -- say Canada, the Netherlands, and Uruguay -- could agree to an inter se modification agreement on how marijuana cultivation should take place, how international commerce should be conducted, and education and public health policies, among others.

"These three countries would basically create a mini-treaty of their own, while at the same time respecting the rights and obligations of all state parties that do adhere to the UN drug control conventions," TNI explains. "If other countries wish to legally regulate cannabis after this mini-treaty is agreed on, they are free to join the group and enjoy the benefits accordingly."

Here we have a way to legalize marijuana or other drugs at the national level which at least acknowledges what the UN treaties say about that, and which seeks to minimize the tension that legalization generates in the treaty system. The treaties' provisions calling for prohibition would simply be hollowed out over time as country after country eventually joins the inter se modification agreement. Maybe then there will come a tipping point where the treaties themselves can be amended to reflect the new global reality.

Here's how TNI explains it all:

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

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

Marijuana Policy

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

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

Medical Marijuana

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

International

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

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

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

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

Chronicle AM: Blumenauer Prods Dem Leaders With Marijuana Memo, INCB Slams Canada, More... (10/18/18)

The founder of the Congressional Cannabis Caucus has a plan to move legalization forward next year, Canadians are buying marijuana online like crazy, the INCB isn't happy about it, and more.

Rep. Earl Blumenauer (D-OR), head of the Congressional Cannabis Caucus, has a plan to free the weed. (house.gov)
Marijuana Policy

Earl Blumenauer Sends Marijuana Legalization Blueprint Memo to Democratic Leadership. Rep. Earl Blumenauer (D-OR), founder of the Congressional Cannabis Caucus, sent a memo Wednesday to the Democratic leadership laying out the steps Congress should take to legalize marijuana. "Congress is out of step with the American people and the states on cannabis," Blumenauer. "We have an opportunity to correct course if Democrats win big in November. If we fail to act swiftly, I fear as the 2020 election approaches, Donald Trump will claim credit for our work in an effort to shore up support -- especially from young voters," Blumenauer said. "Democrats must seize the moment."

Medical Marijuana

Missouri Medical Marijuana Initiatives Raised Big Bucks. Two of the three medical marijuana initiatives appearing on the November ballot have successfully raised large amounts of money for their campaigns. New Approach Missouri, the group behind Amendment 2, has raised more than $1.3 million, including $285,000 from Drug Policy Action, the advocacy arm of the Drug Policy Alliance. Amendment 2 would impose a 4% on medical marijuana sales. Find the Cures, the group behind Amendment 3, which would impose a 15% tax, has raised more than $1.7 million, with $1 million coming from Springfield lawyer and physician Brad Bradshaw, who heads a board that would license medical marijuana businesses.

International

Canadians Bought Pot Online 100 Times a Minute on First Day of Legalization. Canadian online cannabis shops powered by Shopify's e-commerce software processed more than 100 orders a minute on Wednesday, the first day of legalization north of the border. Shopify said it processed "hundreds of thousands" or orders Wednesday and the online stores had seen "millions of visitors."

International Narcotics Control Board Slams Canada Legalization. The Vienna-based INCB has released a statement calling Canada's legalization of marijuana incompatible with UN international drug treaties. "The legalization by Canada of cannabis for non-medical purposes is incompatible with the legal obligations incumbent on states parties under the international drug control framework," the INCB said. INCB President Viroj Sumyai also said the body is "deeply concerned about the public health impact of these policy choices on the health and welfare of Canadians, particularly youth." The INCB said it would remain engaged with Canada and would examine the issue at its next session, set for the first half of November.

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