The Biden White House sent its first National Drug Control Strategy to Congress on April 21. It breaks positive new ground by explicitly acknowledging harm reduction measures to prevent overdose and blood-borne diseases among drug users. At at the same time, though, it also relies heavily on the destructive and counterproductive pursuit of failed prohibitionist drug policies -- and funds more law enforcement much more heavily than harm reduction.

The strategy comes out just weeks after the Centers for Disease Control and Prevention (CDC) reported that drug overdose deaths hit an all-time high of 106,000 in the year ending last November. The administration is responding with what it calls a "whole of government" approach to the crisis.

"The strategy focuses on two critical drivers of the epidemic: untreated addiction and drug trafficking," the White House said. "It instructs federal agencies to prioritize actions that will save lives, get people the care they need, go after drug traffickers' profits, and make better use of data to guide all these efforts. Saving lives is our North Star, and the 2022 National Drug Control Strategy calls for immediate actions that will save lives in the short term and outlines long-term solutions to reduce drug use and its associated harms, including overdose."

While the strategy includes long-familiar categories such as drug treatment, prevention, supply reduction, and criminal justice and public safety, it also emphasizes an evidence-based approach, "building a recovery-ready nation," and for the first time, harm reduction.

"The Biden-Harris Administration's efforts focus on meeting people where they are and building trust and engagement with them to provide care and services," the White House said. "Specifically, the strategy calls for greater access to harm reduction interventions including naloxone, drug test strips, and syringe services programs. It directs federal agencies to integrate harm reduction into the US system of care to save lives and increase access to treatment. It also calls for collaboration on harm reduction between public health and public safety officials, and changes in state laws and policies to support the expansion of harm reduction efforts across the country."

The strategy calls for "the coordinated use of federal grant funds for harm reduction," and the administration last year broke new ground with a $30 million grant program for harm reduction providers. But in a sign of continued reliance on traditional law enforcement priorities, the strategy also envisions a $300 million increase for Customs and Border Patrol and another $300 million increase for the DEA. Those figures were released as part of the White House's FY 2023 budget released last month.

"Responding effectively to the illicit production, trafficking, and distribution methods of domestic criminal organizations and Transnational Criminal Organizations (TCOs) is a significant challenge and remains a Biden-Harris Administration priority," the White House said.

That kind of talk suited mainstream Democrats just fine.

"Illicit drugs cause immeasurable pain and loss in our communities. As the Chairman of the Senate Caucus on International Narcotics Control, I've pressed for an updated federal plan to tackle them," said Sen. Sheldon Whitehouse (D-RI). I've been clear that the plan must include a more coordinated approach to cracking down on drug trafficking and transnational criminal organizations, especially the ways in which they launder and protect their ill-gotten gains using US rule of law and financial networks; and more and better cooperation with our international partners to reduce the supply of precursor chemicals used to manufacture illicit drugs and to levy tougher sanctions against transnational drug syndicates. I'm pleased to see my priorities reflected in this new strategy, and I look forward to working with the Biden administration to deliver on those priorities."

Whitehouse also lauded the strategy's "tearing down barriers to treatment, including expanding access to life-saving naloxone and medication-assisted treatment; improving our data collection systems to better understand the effects of our intervention efforts."

Reform advocates offered praise -- sometimes lukewarm -- for the administration's tentative embrace of harm reduction, but blasted its reliance on tired, failed drug war paradigms.

In its analysis of the strategy, the Washington Office on Latin America (WOLA) called it "a major step forward" and lauded the administration for "focusing on ensuring access to treatment for substance use disorders and highlighting the crucial role of harm reduction services." But WOLA also noted that, "when measured against the scale of the nation's overdose problems and the urgency of the needs, Biden's new plan appears quite timid."

WOLA also warned that the strategy's "positive innovations regarding investment in treatment and harm reduction strategies risk being undermined by a continued commitment to the kinds of policies that have exacerbated the present crisis and that continue to absorb the lion's share of resources, namely, drug criminalization at home and wildly exaggerated expectations for what can be achieved through supply control efforts abroad."

Similarly, the libertarian-leaning Cato Institute called the attention to harm reduction a "positive," but noted steps that it did not take, such as making the opioid overdose reversal drug naloxone available over-the-counter and repealing the so-called Crack House Statute that stands in the way of federal approval of safe injection sites.

"On a negative note," Cato observed, "the remainder of the new report calls for doubling down on interdiction, border control, and other law enforcement measures aimed at curtailing the supply of illicit drugs -- as if repeating the same failed strategies of the past half century, only with more gusto, will somehow work."

So there it is: The Biden administration's first crack at a national drug strategy deserves kudos for its embrace of harm reduction and evidence-based approaches, but beyond that, it is pretty much more of the same old same old.

A South Carolina Republican congresswoman who filed a marijuana legalization bill faces an attack by a primary challenger, Alabama Democrats come up with a "Free Weed" website, and more.

Marijuana Policy

Schumer Promises Marijuana Activists Legalization Bill Will Come Before August Recess. Senate Majority Leader Chuck Schumer (D-NY) last Friday promised activists he would file his marijuana legalization bill before the August recess. He and colleagues such as a Sens. Cory Booker (D-NJ) and Ron Wyden (D-NJ) have been working for more than a year on the bill and have blocked incremental reform legislation, such as the SAFE Banking Act, from being considered in the Senate before the legalization bill is taken up. Schumer had earlier vowed to have his bill out by this month, but last week said that was not going to happen. The draft version of his Cannabis Administration & Opportunity Act (CAOA) has been floating around since last summer.

Alabama Democrats Launch "Free Weed" Website to Push Legalization. The state Democratic Party has launched a Free Weed website in a bid to garner support for its effort to legalize marijuana in the state. The website mixes policy advocacy and promotion of the state Democratic Party. It argues that legalizing marijuana would be an economic boon for the state and that arresting and prosecuting people for possession of small amounts of weed is a waste of criminal justice resources. The party rolled the website out on 4/20.

South Carolina Republican Representative Who Sponsored Legalization Bill Faces Call for Drug Test from Primary Opponent. US Rep. Nancy Mace (R-SC), who filed a marijuana legalization bill this year, is now facing a primary opponent, Katie Arrington, who thinks Mace may have been "high" while representing the state and has demanded she submit to a drug test. "While residents of the Lowcountry continue to be crushed by skyrocketing inflation and record high gas prices, Nancy Mace opted to spend 4/20 at a pot conference in Miami rather than with her constituents. Nancy should disclose who paid for this trip (to Miami), and should also take a drug test and make the results public. Maybe then the Lowcountry will understand why she has done nothing to combat the disastrous policies of the Biden administration,” " said Arrington. She also pointed to a recent Huffington Post article where Mace declined to say whether she still used marijuana. The Mace campaign within hours accused Arrington of engaging in "a desperate PR stunt by a desperate campaign."

Opiates and Opioids

Colorado House Passes Bill Making Fentanyl Possession a Felony but With No Prison Time. In an effort to address the opioid overdose crisis, the House last Friday approved House Bill 22-1326, which would make possession of between one and four grams of fentanyl a felony, but with no possibility of a prison sentence. The House approved the bill after fending off an amendment that would possession of any amount of fentanyl a felony. The bill would be a step backward from a 2019 law that made possession of up to four grams of most controlled substances a misdemeanor. The bill now heads to the Senate. 

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.

New York issues its first marijuana grower licences, a Florida drug treatment provider is convicted of a massive drug testing fraud, and more.

Marijuana Policy

New Jersey Attorney General Says Police Can Use Marijuana Off-Duty. Marijuana use is now legal for adults in the state, and that includes police officers, Acting Attorney General Matt Platkin wrote in a memo last Thursday. The memo said it is critical for police to be clear-headed on the job, but they cannot be punished for engaging in a legal activity as long as it does not affect their work. Maybe we will see cops in line at pot shops later this week; retail sales begin on Thursday.

New York Issues First Marijuana Grower Licenses. Gov. Kathy Hochul (D) announced last Friday that the state's Cannabis Control Board has approved the first legal marijuana grower licenses in the state. The state has approved 52 Adult-Use Cannabis Conditional Cultivator licenses out of a pool of 150 applicants since March 15. The Office of Cannabis Management will continue to review applications and issue more licenses as quickly as possible. These first licenses went to "equity entrepreneurs" who qualify by having either a past marijuana conviction or one in their family and who have experience operating a successful business in the state.

Drug Testing

Florida Drug Rehab Facility Owner Guilty in Multimillion Dollar Drug Testing Fraud. Carie Lyn Beetle, the owner of Florida drug treatment center, was found guilty last Friday of running a $58 million insurance fraud scheme in which she recruited patients by offering free or discounted rent and free travel to Florida to stay in her sober houses, then tested them as often as three times a week, for which she would submit insurance claims. The frequency of the testing, for which she could bill as much as $5,000 each time, was considered unnecessary, and the results were not studied by treatment professionals. Sometimes the tests were never even conducted, but still billed for. Her center, Real Life Recovery, would also often bill for counseling and treatment services that were not actually conducted, and employees testified that they would regularly forge patient signatures to show they had attended counseling when they had not. For turning her treatment program into a racket, Beetle is now looking at up to 30 years in prison.

Harm Reduction

Maine Senate Approves Strengthened Good Samaritan Law. The Senate last Friday approved a bill to strengthen the state's Good Samaritan law, which is designed to protect people suffering from overdoses and those seeking to help them from prosecution. The bill, LD 1682, would change the existing law so that any person at the scene of an overdose who makes a good faith effort to call for assistance is protected from arrest or prosecution. The bill would include immunity for bail and probation violations, while exempting sex crimes, crimes involving children, and arson, among other crimes. It now heads to the House. 

New polls of American and European voters show support for marijuana legalization, Massachusetts prisoners are suing over unreliable drug tests, and more. 

Marijuana Policy

Majority of Democrats Say Marijuana Legalization Should Be a Top Priority for Congress. A new poll from Morning Consult and Politico finds that more than half (52 percent) of Democratic voters say marijuana legalization should be a top or important priority for Congress. Only 29 percent of Republican voters felt the same. Overall, 41 percent of voters now see marijuana legalization as a top or important congressional priority. The poll comes with the House having already passed a marijuana legalization bill and with the Senate waiting on Majority Leader Chuck Schumer (D-NY). Meanwhile, desperately needed interim measures, such as providing industry access to financial services, languish.

Drug Testing

Massachusetts Prisoners Sue Over Prison System's "Unreliable" Drug Tests Despite Court Order. Attorneys representing state prisoners have filed a lawsuit against the Department of Correction charging that it continues to use an unreliable drug test to screen prisoners' mail, violating an earlier court order. The lawsuit alleges that prisoners have been punished for sneaking drugs through the mail based on dubious drug tests and that some of the mail improperly seized as containing drugs were sent by the prisoner's own attorneys, the courts, and the attorney general's office. A judge last December ordered the department to quit using the NARK II drug test device. The attorneys are asking a judge to hold the department in contempt of court. A hearing is set for next Tuesday. "The DOC's actions were not only interfering with the attorney-client relationships of the people whose mail was seized and photocopied, but were chilling the ability of all incarcerated people to communicate with counsel for fear of being subjected to this arbitrary and severe punishment," the complaint said.

Harm Reduction

Bipartisan Lawmakers Call on Drug Makers to Apply to FDA to Make Overdose Reversal Drugs Available Over-the-Counter. Some 30 members of the House and Senate have sent a letter to drug companies who manufacture the opioid overdose reversal drug naloxone calling on them to apply to the Food and Drug Administration (FDA) for over-the-counter status for their products. The move comes amidst a raging opioid overdose epidemic that is killing tens of thousands of Americans each year. "It has never been more important to adopt opioid overdose prevention and reversal strategies on a wide scale," the letter said. This includes "steps to increase access to affordable naloxone, which is a proven, effective tool to reduce medical emergencies, drug overdoses, and deaths." Signatories included Sens. Joe Manchin (D-WV), Elizabeth Warren (D-MA), and Lisa Murkowski (R-AK) and Reps. Alexandria Ocasio-Cortez (D-NY) Rashida Tlaib (D-MI), and Brian Fitzpatrick (R-PA).

International

Poll Found Majority of Europeans Support Marijuana Legalization. A poll from  London-based Hanway Associates that surveyed eight different European countries found majority support for marijuana legalization, with 55 percent favoring it and only 25 percent opposing it. Italy led the way with support at 60 percent. Portugal, Switzerland, Spain, and the United Kingdom all polled between 55 and 59 percent, while Germany came in at 50 percent. Surprisingly, the Netherlands, which has allowed legal retail sales for more than 30 years, had the lowest level of support, at 47 percent.