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Chronicle AM: MedMJ Researchers Stalled, MS Court Rejects Fatal Overdose Conviction, More... (9/10/18)

It's just about all medical marijuana news today, except for a Mississippi appeals court throwing out a drug-induced homicide-style conviction.

The DOJ is stalling medical marijuana research, and Congress is set to act on the issue, but perhaps too restrictively. (DPA)
Medical Marijuana

Marijuana Research Applications Go Nowhere at Justice Department. The DEA began accepting applications from researchers seeking to grow marijuana two years ago, but as of this week, none of the applications have been responded to. Some two dozen applications have been left in limbo by the Justice Department, the DEA's parent agency, during the tenure of anti-marijuana Attorney General Jeff Sessions.

Marijuana Research Bill Scheduled For Congressional Vote This Week. The House Judiciary Committee will vote Thursday on HR 5634, Rep. Matt Gaetz's Medical Cannabis Research Act. Gaetz says the bill will expand the amount of research-grade marijuana available to researchers, but drug reformers are calling foul over some provisions, including one that bars people with a felony or drug-related misdemeanor conviction from any affiliation with research cultivation operations and another that requires cultivators to get a letter of good standing from a local law enforcement agency. They argued that those provisions should be removed, but Gaetz doesn't look likely to do that.

Connecticut Federal Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination. A federal court in Hartford held last Wednesday that refusing to hire a medical marijuana user who tested positive on a pre-employment drug test violates the state's medical marijuana law. Under the state's law, "[n]o employer may refuse to hire a person or may discharge, penalize or threaten an employee solely on the basis of such person's or employee's status as a qualifying patient."

New Mexico Health Secretary Rejects Medical Marijuana for Opioid Addiction. Department of Public Health Secretary Lynn Gallagher has rejected the idea of treating opioid addiction with medical marijuana, saying there isn't enough research to justify using it for addiction treatment. Her decision overrides the state's Cannabis Advisory Board, which recommended 5-1 that it be approved.

Sentencing Policy

Mississippi Appeals Court Throws Out Dealer's Murder Conviction in Overdose Death. The state Court of Appeals has overturned the murder conviction of a man who had been convicted of the crime after a friend died from taking a new psychoactive substance provided by the man. "The evidence introduced at trial was insufficient to support a conviction for either depraved-heart murder or the lesser-included offense of culpable negligence manslaughter," Judge Jack Wilson wrote for an 8-2 majority of the court. The court found that even though the man had provided two doses of the drug to his friend, that wasn't enough to support the murder charges because there was no evidence the man believed the drug would put his friend at risk. The case could spark efforts in the legislature to pass a drug-induced homicide law.

Chronicle AM: NJ Firm Can Drug Test MedMJ Patient, Egypt Bans "Synthetic Hashish," More... (8/17/18)

A federal judge sides with a New Jersey company against a medical marijuana-using worker, Egypt bans "synthetic hashish," a Mexican state advances a bill to decriminalize opium production, and more.

Bolivian President Evo Morales says he wants to return to coca farming, but the people demand him. (Creative Commons)
Medical Marijuana

New Jersey Business Can Drug Test Medical Marijuana Patient, Federal Court Rules. A federal district court judge has ruled that a New Jersey business does not have to waive its requirement for mandatory drug testing to accommodate a worker who uses medical marijuana. The worker had sued the company after it wouldn't allow him to return to work unless he submitted to drug testing. "New Jersey law does not require private employers to waive drug tests for users of medical marijuana," Judge Robert Kugler wrote in his decision. He also noted that "unless expressly provided for by statute, most courts have concluded that the decriminalization of medical marijuana does not shield employees from adverse employment actions."

International

Bolivia President Says He Wants to Return to Coca Farming, But Country Wants Him. President Evo Morales said Thursday he will seek a fourth term in office, citing broad popular support. "The people ask me to return, I do not want to... I want to return to my region to harvest coca, that's the great desire I have, but it is not easy to reject it when the people push you," Morales said. Morales has led the country since 2006, during which period poverty levels have fallen by 3.5%.

Egypt "Synthetic Hashish" Ban. The Health Ministry this week officially banned six forms of "synthetic hashish," or synthetic cannabinoids. The ministry said the ban applied to six "extremely addictive" substances, but it did not provide the technical names for the banned substances.

Mexican State Moving to Legalize Opium Production for Pharmaceutical Purposes. A legislative committee in the state of Guerrero, Mexico's opium production epicenter, has approved a draft bill to decriminalize the production and sale of opium for pharmaceutical purposes. If the bill is approved by the state legislature, it would then be sent to the federal congress for approval. The law is designed to reduce the impact of federal law enforcement on local producers, but critics worry such a law could be used fraudulently by drug cartels supplying heroin to the US.

Chronicle AM: House Passes "Dangerous" SITSA Act, NY Adds MedMJ for Opioids, More... (6/18/18)

Arizona Republicans go one way, Texas Republicans go another; the House passes the SITSA Act, New York will allow medical marijuana for opioid use, and more.

The House has passed a new, old school drug war bill. (Creative Commons)
Marijuana Policy

Poll: Arizona Republicans Still Don't Like Weed. A new poll from OH Predictive Insights finds that nearly three-quarters of state Republican primary voters oppose marijuana legalization. Only 21% were in favor. Still, a marijuana legalization nearly passed statewide in 2016.

Top New York Health Official Says Cuomo Panel Will Endorse Legalization. Dr. Howard Zucker, the state's top health regulator, said Monday a Cuomo administration panel will recommend that the state legalize marijuana. "We looked at the pros. We looked at the cons… the pros outweigh the cons," Zucker said of the panel's work.

Texas GOP Endorses Marijuana Decriminalization, More. At the party's state convention this past weekend, delegates approved platform planks calling for the decriminalization of marijuana possession, support for hemp farming, expanding access to medical marijuana, and calling for the rescheduling of marijuana.

Medical Marijuana

New York Health Department of Health Announces Opioid Use to be Added as a Qualifying Condition for Medical Marijuana. The Health Department on Monday announced it will develop a regulatory amendment to add opioid use as a qualifying condition for medical marijuana. "The opioid epidemic in New York State is an unprecedented crisis, and it is critical to ensure that providers have as many options as possible to treat patients in the most effective way," said New York State Health Commissioner Dr. Howard Zucker. "As research indicates that marijuana can reduce the use of opioids, adding opioid use as a qualifying condition for medical marijuana has the potential to help save countless lives across the state." Opioid use joins 12 other qualifying conditions under the state's Medical Marijuana Program. Currently, patients can be eligible if they have been diagnosed with one or more of the following severe debilitating or life-threatening conditions: cancer; HIV infection or AIDS; amyotrophic lateral sclerosis (ALS); Parkinson's disease; multiple sclerosis; spinal cord injury with spasticity; epilepsy; inflammatory bowel disease; neuropathy; Huntington's disease; post-traumatic stress disorder; or chronic pain.

Drug Policy

House Passes SITSA Act. Over the protests of drug reform and other groups, the House last Friday approved HR 2851, the Stop Importation and Trafficking of Synthetic Analogues (SITSA) Act. The bill has already passed out of committee and awaits a House floor vote. The bill is an old-school drug war response to new psychoactive substances that relies heavily on the criminal justice system. The Drug Policy Alliance called the bill "dangerous" because it grants the Justice Department "broad new powers to ban synthetic analog drugs, decide what the sentences should be, and take away the requirement for Congressional oversight that has been in place for 40 years." The bill now heads to the Senate.

International

France Poll for First Time Finds Majority for Marijuana Legalization. A new poll from the Institut français d'opinion publique (Ifop) for Terra Nova and Echo Citoyen, a think tank and a citizens' political group, for the first time reports a majority for legalization. The poll had support at 51%, with 40% opposed and 9% undecided. The poll marks a "turning point," said Thierry Pech, head of Terra Nova. "French people made the finding that prohibition and repression did not work to preserve the health of users," Pech said. Under current French law, pot possession is punishable by up to a year in jail and a fine of more than $4,000.

Chronicle AM: SITSA Act Draws Opposition, Congress MedMJ Protections Advance, More... (6/15/18)

The Justice Department is once again likely to be barred from using its funds to go after state-legal medical marijuana, a broad coalition opposes the fast-moving SITSA Act, Portugal's parliament approves medical marijuana products, and more.

Congress is moving once again to bar the Justice Department from spending funds to go after state-legal medical marijuana.
Medical Marijuana

Senate Panel Approves Medical Marijuana Protections. The Senate Appropriations Committee on Thursday approved an amendment that shields legal medical marijuana operations from federal interference. The amendment to the Justice Department appropriations bill bars the department from using its funds to go after state-legal medical marijuana. A similar measure was approved in the House version of the bill.

Maine Supreme Court Rules Workmen's Compensation Doesn't Cover Medical Marijuana. In a ruling Thursday, the state Supreme Court held that employers do not have to pay for medical marijuana under the state's workers' compensation system. In a 5-2 ruling, the court held that federal law takes precedence and that making employers pay for medical marijuana would force them to violate federal law.

Drug Policy

Broad Coalition Opposes SITSA Act. A coalition of human rights, civil liberties, civil rights, religious, and drug policy reform groups have come out strongly in opposition to HR 2851, the Stop Importation and Trafficking of Synthetic Analogues (SITSA) Act of 2017. The fast-moving bill has already passed out of committee and awaits a House floor vote. The bill is an old-school drug war response to new psychoactive substances that relies heavily on the criminal justice system. "If passed, HR 2851 will broadly expand penalties for drug offenses, concentrate power within the Department of Justice, punish people who lack criminal intent, and overcriminalize certain behavior," the groups said in a letter released on Thursday. "The legislation attempts to address the very real problem of synthetic opioid overdoses in the United States, but we believe that its methods are misguided. Instead of punishing people who use drugs and low-level dealers, legislation should focus on expanding treatment opportunities and targeting the international drug trade."

Sentencing

Rhode Island House Passes Law Lengthening Prison Sentences for Dealers Who Sold Drugs in Fatal Overdoses. The House on Thursday approved "Kristen's Law," House Bill 7715, which creates a new crime of drug-related homicide and imposes penalties of up to life in prison for people who sell drugs linked to fatal drug overdoses. The bill now heads to the Senate.

International

Portugal Parliament Approves Marijuana-Based Medicines. The parliament on Friday overwhelmingly approved a bill to allow marijuana-based medicines, but only after earlier rejecting a proposal to allow patients to grow their own medicine. While Portugal decriminalized drug possession in 2001, it has lagged behind the US and other European countries when it comes to medical marijuana. The bill now goes to President Marcelo Rebelo de Souza to be signed into law.

Chronicle AM: Decrim Vote in Albuquerque, Bad "Fake Weed" in Illinois, More... (4/3/18)

A legalization bill fails in Arizona, another one sputters in Connecticut, a bad batch of synthetic cannabinoids is wreaking havoc in Illinois, and more.

Apparently contaminated synthetic cannabinoids in Illinois have left two dead, dozens injured. (Wikimedia)
Marijuana Policy

Arizona Legalization Fails Dies in Statehouse. There will be no legalization via the legislature in Phoenix this year after lawmakers refused to act on a measure that would have put the issue before the voters. HCR 2037 had been assigned to three different committees, but never got any action in any of them. Sponsors Reps. Todd Clodfelter (R-Phoenix) and Mark Cardenas (D-Phoenix) vow to try again next year.

Connecticut Legalization Bill Gets Committee Hearing. The House Finance, Revenue and Bonding Committee held a hearing on a legalization bill, House Bill 5582, on Monday, making it the fourth committee to hold a hearing on marijuana legalization this session. But the bill is unlikely to pass this year since one committee has already rejected it and another will not be voting on whether to advance it. At the hearing, the Office of Fiscal Analysis reported that the state could expect tax revenues from pot at between $30 million and $63 million, depending on the tax model used.

Albuquerque City Council Votes to Decriminalize Marijuana Possession. City council members voted Monday night on a party line vote to decriminalize the possession of up to an ounce of marijuana. Offenders would be hit with a $25 fine on a first offense. A similar measure passed in 2015, only to be vetoed by the mayor. But now there's a new mayor, so stay tuned.

New Psychoactive Substances

Illinois Sees Bad Synthetic Cannabinoids Kill Two, Leave Dozens Bleeding. Synthetic cannabinoids apparently cut with rat poison have killed two people in Illinois and left 56 others experiencing severe bleeding. The bad dope has shown up in Chicago and the central part of the state, the Department of Public Health said Monday.

Asset Forfeiture

Kansas Governor Signs Minor Asset Forfeiture Reform Bill. Gov. Jeff Colyer (R) has signed into law House Bill 2459, which would make small reforms in the state's civil asset forfeiture law. Under the bill, police who seize property will have to report on what they took and how they used the seized property.

Chronicle AM: Bernie Sanders Marijuana Petition, Dutch Bank Gets Huge Money Laundering Fine, More... (2/9/18)

A Bernie Sanders petition calls for marijuana legalization and an end to the drug war, a Dutch bank gets hit with a massive fine for cartel money laundering, New York's governor takes flak from drug reform groups on a couple of fronts, and more.

Bernie Sanders launches a petition calling for marijuana legalization and end to the drug war. (Wikimedia)
Marijuana Policy

Bernie Sanders Petition Asks Congress to Legalize Marijuana. Sen. Bernie Sanders (I-VT) has sent out an online petition to his email list subscribers asking Congress to legalize marijuana and "end the war on drugs." In 2015, Sanders filed the first ever marijuana legalization bill in Congress. Even though the petition is unlikely to lead to any results while Republicans control the Congress, it will help Sanders burnish his credentials as a leader of the progressive wing of the Democratic Party.

Arizona Legalization Bill Filed. Reps. Mark Cardenas (D-Phoenix) and Todd Clodfelter (R-Tucson) filed a marijuana legalization bill Thursday. HCR 2037 would legalize the possession of up to an ounce of pot, allow for the cultivation of up to six plants, and create a system of taxed and regulated marijuana production and sales. Voters narrowly rejected a legalization initiative there in 2016.

New Jersey Legalization Hearing Set for Next Month. Assemblyman Joseph Danielsen (D-Somerset), chairman of the Assembly Regulatory Oversight and Reform and Federal Relations Committee, said Thursday the committee will hold a hearing on marijuana legalization on March 5. Gov. Phil Murphy (D) campaigned on marijuana legalization and reiterated that pledge during his inaugural address last month.

Seattle to Expunge Past Marijuana Convictions. Following the lead of San Francisco, Seattle Mayor Jenny Durkan said Thursday the city is moving to automatically clear past misdemeanor convictions for marijuana possession. "For thousands of people in Washington state, a misdemeanor marijuana conviction had huge implications: It could be a barrier to housing, to getting credit, to getting good jobs and education," Mayor Jenny Durkan told a news conference. "It is a necessary step to right the wrongs of what was a failed war on drugs." Voters in Washington state approved marijuana legalization in 2012.

Medical Marijuana

Illinois Bill to Let People Prescribed Opioids Get Temporary Medical Marijuana Cards Advances. The Senate Executive Committee approved Senate Bill 336 on Wednesday. The bill would allow people who have been prescribed opioids to apply for a temporary medical cannabis card. If passed, those prescribed opioids would be able to participate in the program if their applications are approved by the state. The background check and fingerprinting process normally required for applicants of the program would also be waived that first year because of the urgency of the crisis.

Heroin and Prescription Opioids

New York Drug Reform, Harm Reduction Groups Criticize Governor's Move to Stiffen Fentanyl Analog Penalties. The Harm Reduction Coalition, the Drug Policy Alliance, and VOCAL-NY are among the organizations calling out Gov. Andrew Cuomo (D) over his move to add 11 fentanyl analogs to the state's controlled substances schedule, a change that would increase the number of fentanyl varieties that would garner top felony charges. "The governor boasts about giving law enforcement the tools they need to make more arrests, but says nothing about providing people at risk of overdose the tools they need to survive," Daniel Raymond of the Harm Reduction Coalition said Thursday. "We won't end the overdose crisis by filling up jail cells."

New Synthetic Substances

New York Drug Reform Groups Criticize Governor's Move to Further Criminalize Synthetic Cannabinoids. The Manhattan-based Drug Policy Alliance and the drug user group VOCAL-NY are opposing Gov. Andrew Cuomo's (D) call to further criminalize the sale of synthetic cannabinoids, also referred to as "synthetic marijuana" or "K2." Such laws do little to curb use, do nothing to increase public health and safety in New York State, and undermine the ability of the state to effectively prevent minors from obtaining the substances, the groups said. The state should just legalize marijuana instead, the groups said.

International

Dutch Bank Hit With $369 Million Fine for Laundering Mexico Drug Cartel Money. The Dutch bank Rabobank has been fined $369 million by the US government after it admitted handling millions in illicit funds, the Justice Department announced Wednesday. The bank also pleaded guilty to obstructing the investigation in trying to avoid repeating sanctions imposed on it in 2006 and 2008 for "nearly identical failures," DOJ said. "When Rabobank learned that substantial numbers of its customers' transactions were indicative of international narcotics trafficking, organized crime, and money laundering activities, it chose to look the other way and to cover up deficiencies in its anti-money laundering program," Acting Assistant Attorney General John Cronan said. A former Rabobank vice president, George Martin, entered into a deferred prosecution agreement with the US concerning his role in the case, according to the DOJ. He admitted -- in a federal court in San Diego in December -- to playing a role in setting up the policies that prevented additional controls. The bank will also have to pay a $50 million penalty to the Office of the Comptroller of the Currency.

Chronicle AM: DEA Emergency Ban on Fentanyl Analogs, Fox Legalization Poll, More... (2/7/18)

A Fox poll has support for legalization at an all-time high, Colorado's governor ponders freeing marijuana prisoners, the DEA emergency bans fentanyl analogues, New York's governor bans synthetic cannabinoids, and more.

Marijuana Policy

Fox News Poll Has Support for Marijuana Legalization at Record High. A new Fox News poll has the poll's highest numbers yet in support of freeing the weed. Some 59% said legalize it, up from 51% in 2015, 46% in 2013, and 26% in 2001. The Fox poll results are in line with other national polls, which are now typically showing support for legalization in the high 50s or low 60s.

Colorado Governor Ponders Freeing Marijuana Prisoners. Gov. John Hickenlooper (D) is considering releasing nearly 40 prison inmates serving time for nonviolent marijuana offenses. "Right now, we have not enough room left in our prisons. So if what these people are serving serious time for wasn't violent -- is no longer illegal -- maybe we should be looking at (whether) it safe to release them," he said in an interview with The Denver Post. "We are talking about going out and finding people who are still in prison, and saying, 'If you want to apply we think your application will have favor,'" Hickenlooper said.

Virginia Poll Has Strong Support for Decriminalization. A new poll from the Wason Center for Public Policy at Christopher Newport University has support for decriminalization at 76%, with even 60% of Republicans in favor. The poll comes a week after Republicans in the state Senate killed a decriminalization bill.

Heroin and Prescription Opioids

DEA Emergency Schedules All Illicit Fentanyl Analogs. The US Drug Enforcement Administration this week placed all illicit fentanyl analogues not already regulated by the Controlled Substances Act into Schedule I -- the category for substances with no currently accepted medical use -- for two years, with the possibility of a one-year extension. The action is intended to reduce these substances' flow into the country and slow the alarming increase in overdose deaths linked to synthetic opioids, but time will tell.

Kratom

FDA Ramps Up Warnings on Kratom, Calls It "Opioid." The Food and Drug Administration on Tuesday ramped up its warnings about kratom, saying that new research says the herb has "opioid properties" and is linked to 44 deaths. "We feel confident in calling compounds found in kratom, opioids," FDA Commissioner Scott Gottlieb said in a statement. New data has reinforced the agency concerns about kratom's "potential for abuse, addiction and serious health consequences, including death."

New Synthetic Substances

New York Governor Uses Temporary Budget Amendment to Ban Sales of Synthetic Cannabinoids. Gov. Andrew Cuomo (D) announced Wednesday a 30-day budget amendment to add 36 different synthetic cannabinoids to the state's controlled substance list. While the substances are banned federally, only some New York counties had banned them. "As the manufacturers of this poison continue to evolve and find new and insidious ways to skirt the law, New York's statutes must continue to keep pace," Cuomo said. "With this action, we'll continue to identify and crack down on hazardous compounds that emerge in our communities, and give law enforcement the tools they need to end this public health threat."

International

Canada Legalization Rollout Could Be Delayed. Federal Health Minister Ginette Petitpas Taylor said Tuesday that recreational marijuana sales will only begin a few months after legalization later this year because the new legal sales system will take time to begin working properly. The Liberal government wants the new law in place by July 1, but if it takes until that date, legal sales could be pushed back to the fall.

Israel Prime Minister Blocks Medical Marijuana Exports, Calls for More Studies. Prime Minister Benjamin Netanyahu has suspended plans to allow Israeli medical marijuana growers to export their crops pending new reviews by the Health Ministry and the chairman of the National Economic Council. The move came after a Sunday meeting where Public Security Minister Gilad Erdan presented data on the diversion of medical marijuana into recreational markets.

Chronicle AM: VT Legalizes Without Sales, Sentencing Commission Proposes Upped Fentanyl Penalties, More... (1/22/18)

Vermont becomes the 9th legal marijuana state, Illinois lawmakers take up legalization, the US Sentencing Commission proposing increasing fentanyl penalties, and more.

Vermont just turned New England a little greener. (Wikimedia)
Marijuana Policy

Another National Poll Has a Strong Majority for Marijuana Legalization. A new poll from NBC News and the Wall Street Journal has support for marijuana legalization at 60% nationwide, up from 55% the last time the media outlets asked the question, in 2014.

Illinois Lawmakers Hold Hearing on Marijuana Legalization. A joint legislative committee began a hearing on marijuana legalization Monday morning. Cook County Board President Toni Preckwinkle told legislators she supported it: "Legalizing marijuana is an important step in right-sizing our criminal justice system, reducing racial disparities in prosecuting non-violent drug offenses, targeting our scarce resources on prosecuting violent crime and lessening the social dislocation we see in too many of our communities," Preckwinkle said. The only relevant bill currently before the legislator is Senate Bill 2275, which would authorize a non-binding statewide referendum on the topic of legalization.

Vermont Legalizes Marijuana; Becomes First State to Do So Via Legislative Process. With Gov. Phil Scott's (R) signature on House Bill 511 Monday, the state legalized the possession and cultivation of small amounts of marijuana, becoming the first state to free the weed via the legislature. The new law goes into effect July 1. The new law does not legalize the taxed and regulated commercial production and sale of marijuana. Instead, the bill calls for a task force appointed by the governor to study the issue and recommend "legislation on implementing and operating a comprehensive regulatory and revenue system for an adult marijuana market" by December 31. Then lawmakers would have to go to work again to get that passed.

Buffalo Campaigners Call for Police to Deprioritize Marijuana Possession Arrests. A nonprofit group called Open Buffalo has begun a petition campaign to urge Mayor Byron Brown to tell the police department to deprioritize enforcement of marijuana possession laws. The group is close to its goal of 600 signatures; when it hits that goal, it will deliver the petition to the mayor.

Sentencing

US Sentencing Commission Proposes Stiffening Fentanyl Penalties. Last Friday, the Sentencing Commission announced it was proposing to increase penalties for fentanyl offenses by setting the offense level for fentanyl equal to the higher offense level currently assigned to fentanyl analogs. The commission is also proposing a sentencing guidelines enhancement for misrepresenting fentanyl or fentanyl analogs as another substance. The commission also proposed a class-based approach to synthetic cathinones and cannabinoids and established a single marijuana equivalency for each class. Public comment on the proposals is open until March 6, and the commission will hold public hearings in February and March. The commission is expected to vote on the proposals before May 1.

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

With a thousand issues of Drug War Chronicle under our belts, we look back on the biggest international drug and drug policy stories of the past 20 years. (A companion piece looks at the biggest US domestic drug policy stories.) Here's what we find:

The 1998 UN General Assembly Special Session on Drugs. We've made some progress since then. (Creative Commons)
1. Global Prohibitionist Consensus Starts to Crumble

In 1998, the UN General Assembly Special Session on Drugs (UNGASS), with anti-prohibitionist voices in the room but metaphorically on the outside, pledged itself to eradicating drugs in 10 years. That didn't happen. Now, nearly 20 years later, it is duly chastened, and the chorus of critics is much louder, but the UN still remains a painfully slow place to try to make change in global drug policy.

Yet, despite the foot-dragging in Vienna and New York, albeit at a glacial pace. The 2016 UNGASS couldn't bring itself to actually say the words "harm reduction," but acknowledged the practice in its documents. It couldn't bring itself to resolve to be against the death penalty in drug cases, but a large and growing number of member states spoke out against it. It couldn't officially acknowledge that there is "widespread recognition from several quarters, including UN member states and entities and civil society, of the collateral harms of current drug policies, and that new approaches are both urgent and necessary," even though that's what the UN Development Program said. And the UN admitted to having dropped the ball on making opioid analgesics available in the developing world.

It certainly wasn't ready to talk about drug legalization in any serious fashion. But despite the rigidity within the global anti-drug bureaucracy, driven in part by the hardline positions of many Asian and Middle Eastern member states, the global prohibitionist consensus is crumbling. Many European and Latin America states are ready for a new direction, and some aren't waiting for the UN's imprimatur. Bolivia has rejected the 1961 Single Convention on Narcotic Drugs' provision criminalizing the coca plant, and Canada and Uruguay have both legalized marijuana with scant regard for UN treaty prohibitions. And of course there is Portugal's broad decriminalization system, encompassing all drugs.

There's a real lesson in all of this: The UN drug treaties, the legal backbone of global drug prohibition, have proven to be toothless. There is no effective mechanism for punishing most countries for violating those treaties, at least not relative to the punishing effects they suffer from prohibition. Other countries will take heed.

2. Afghanistan Remains the World's Opium Breadbasket

When the US invaded Afghanistan in late 2001, it entered into a seemingly endless war to defeat the Taliban and, along with it, the opium trade. Sixteen years and more than a trillion dollars later, it has defeated neither. Afghanistan was already the world's leading producer of opium then, and it still is.

According to the UN Office on Drugs and Crime, in 2000, the country produced more than 3,000 tons of opium. The following year, with the Taliban imposing a ban on poppy planting in return for US aid and international approval, production dropped to near zero. But in 2002, production was back to more than 3,000 tons, and Afghan poppy farmers haven't looked back since.

In the intervening years, Afghanistan has accounted for the vast majority of global opium production, reaching 90% in 2007 before plateauing to around 70% now (as production increases in Latin America). It has consistently produced at least 3,000 tons a year, with that amount doubling in selected years.

For years, US policymakers were caught in a dilemma, and drug war imperatives were subordinated to anti-Taliban imperatives. The problem was that any attempt to go after opium threatened to push peasants into the hands of the Taliban. Now, the Trump administration is bombing Taliban heroin facilities. But it hasn't bombed any heroin facilities linked to corrupt Afghan government officials.

Holland's famous cannabis cafes were the first break with global marijuana prohibition. (Creative Commons)
3. Movement Toward Acceptance of Recreational Marijuana

Twenty years ago, only the Netherlands had come to terms -- sort of -- with marijuana, formally keeping it illegal, but, in a prime example of the Dutch's policy of gedogen (pragmatic tolerance), with possession and sale of small amounts allowed. (The Dutch are only now finally dealing with the "backdoor problem," the question of where cannabis cafes are supposed to get their supplies if it can't be grown legally).

The first entities to legalize marijuana were the US states of Colorado and Washington in 2012, and Uruguay became the first country in the world to legalize marijuana in 2014. Canada will become the second country to do so next year. In the meantime, six more US states and the District of Columbia have also jumped on the bandwagon.

While full legalization may yet be a bridge too far for most European and Latin American countries, marijuana decriminalization has really taken hold there, with numerous countries in both regions having embraced the policy. Marijuana has now been decriminalized in Argentina, Austria, Belgium, Belize, Bolivia, Brazil, Chile, Colombia (you can possess up to 22 grams legally), Costa Rica, Croatia, the Czech Republic, Equador, Estonia, Georgia, Greece, Italy, Jamaica, Luxembourg, Malta, Mexico, Moldova, Paraguay, Peru, Portugal, Slovenia, Spain, Switzerland, and Ukraine, among others. Oh, and Iran, too.

4. Andean Whack-A-Mole: The Fruitless Quest to Quash Cocaine

The United States, and to a much lesser degree, the European Union, have spent billions of dollars trying to suppress coca leaf cultivation and cocaine production in Bolivia, Colombia, and Peru. It hasn't worked.

According to the UN Office on Drugs and Crime (UNODC), coca leaf cultivation was just under 500,000 acres in 1998; this week, UNODC reported that coca leaf cultivation was at 470,000 acres last year -- and that's not counting the 75,000 acres under legal cultivation in Bolivia.

When it comes to actual cocaine production, it's pretty much the same story: Again according to the UNODC, cocaine production was at 825 tons in 1998, peaked at just over a million tons a year in 2004-2007, and is now at just under 800 tons. There have been peaks and troughs, but here we are, pretty much in the same place we started.

Military intervention didn't stop it. Military and anti-drug assistance hasn't stopped it. Alternative development programs haven't stopped it. The global cocaine market is insatiable, and nothing has been able to tear Andean peasant farmers from what is by far their best cash crop. Bolivia, at least, has largely made peace with coca -- although not cocaine -- providing a legal, regulated market for coca farmers, but in Peru and Colombia eradication and redevelopment efforts continue to spark conflict and social unrest.

5. Mexico's Brutal Drug Wars

During the 1980s and 1990s, accusations ran rampant that in a sort of pax mafiosi, the Mexican government cut deals with leading drug trafficking groups to not so much fight the drug trade as manage it. Those were the days of single party rule by the PRI, which ended with the election of Vicente Fox in 2000. With the end of single party rule, the era of relative peace in the drug business began to unravel.

As old arrangements between drug traffickers and political and law enforcement figures fell apart, so did the informal codes that governed trafficker behavior. When once a cartel capo would accept his exemplary arrest, during the Fox administration, the gangsters began shooting back at the cops -- and fighting among themselves over who would control which profitable franchise.

Things took a turn for the worse with the election of Felipe Calderon in 2006 and his effort to burnish his political credentials by sending in the army to fight the increasingly wealthy, violent, and brazen cartels. And they haven't gotten any better since. While American attention to Mexico's drug wars peaked in 2012 -- a presidential election year in both countries -- and while the US has thrown more than a billion dollars in anti-drug aid Mexico's way in the past few years, the violence, lawlessness, and corruption continues. The death toll is now estimated to be around 200,000, and there's no sign anything is going to change anytime soon.

Well, unless we take leading 2018 presidential candidate Andres Manuel Lopez Obrador (AMLO) at his word. This week, AMLO suggested a potential amnesty for cartel leaders, indicating, for some, at least, a pax mafiosi is better than a huge, endless pile of corpses.

6. Latin America Breaks Away from US Drug War Hegemony

The US imports its drugs and exports its prohibition-related violence, and the region grows tired of paying the price for America's war on its favorite vices. When once Latin American leaders quietly kowtowed to drug war demands from Washington, at least some of them have been singing a different tune in recent years.

Bolivia under Evo Morales has resolutely followed its own path on legalizing coca cultivation, despite bellows from Washington, successive Mexican presidents weary of the bloodshed turn an increasingly critical eye toward US drug war imperatives, Colombian President Juan Manuel Santos sees what Washington-imposed prohibitionist policies have done to his county and cries out for something different, and so did Guatemalan President Otto Perez Molina before he was forced out of office on corruption charges.

Latin American countries are also increasingly pursuing their own drug policies, whether it's constitutionally protected legalization of personal use amounts of drugs in Colombia, decriminalization of marijuana across the continent, or downright legalization in Uruguay, Latin American leaders are no longer taking direction from Washington -- although they generally remain happy to take US anti-drug dollars.

A North American first: Vancouver's safe injection site opened in 2003. (Creative Commons)
7.Safe Injection Sites Start Spreading

The notion of providing a place where intravenous drug users could shoot up under medical supervision and get access to referrals to public health and welfare services was derided by foes as setting up "shooting galleries" and enabling drug use, but safe injection sites have proven to be an effective intervention, linked to reduced overdoses, reduced crime, and moving drug users toward treatment.

These examples of harm reduction in practice first appeared in Switzerland in the late 1980s; with facilities popping up in Germany and the Netherlands in the 1990s; Australia, Canada, Luxembourg, Norway, and Spain in the 2000s; and, most recently, Denmark and France.

By now, there are nearly a hundred safe injection sites operating in at least 61 cities worldwide, including 30 in Holland, 16 in Germany, and eight in Switzerland. We are likely to see safe injection sites in Ireland and Scotland very soon.

It looks like they will soon be appearing in the United States, too. Officials in at least two cities, San Francisco and Seattle, are well on the way to approving them, although the posture of the federal government could prove an obstacle.

8. And Heroin Maintenance, Too

Even more forward looking as a harm reduction measure than safe injection sites, heroin maintenance (or opiate-assisted treatment) has expanded slowly, but steadily over the past two decades. The Swiss did the first trials in 1994, and now such programs are available there (after decisively winning a 2008 referendum on the issue), as well as Germany and the Netherlands.

Such programs have been found to reduce harm by helping users control their drug use, reducing overdoses, reducing drug-related disease, and promoting overall health and well-being, while also reducing social harms by reducing crime related to scoring drugs, reducing public use and drug markets, and promoting less chaotic lifestyles among participants, leading to increased social integration and better family life and employment prospects.

A Canadian pilot program, the North American Opiate Medication Initiative (NAOMI) produced similar results. Maybe the United States will be ready to get it a try one of these years.

9. New Drugs, New Markets

So far, this has been the century of new drugs. Known variously as "research chemicals," "designer drugs," or fake this and that, let's call them new psychoactive substances (NSPs). Whether it's synthetic cannabinoids, synthetic cathinones, synthetic benzodiazepines, synthetic opioids, or something entirely novel, someone somewhere is producing it and selling it.

In its 2017 annual review, the European Monitoring Center on Drugs and Drug Addictions (EMCDDA) reported in was monitoring 620 NSPs, up from 350 in 2013, and was adding new ones at the rate of over one a week.

These drugs, often of unknown quality or potency, in some cases have wreaked havoc among drug users around the world and are a prime example of the bad things that can happen when you try to suppress some drugs: You end up with worse ones.

The communications technology revolution that began with the world wide web impacts drug policy just as it impact everything else. Beginning with the infamous Silk Road drug sales website, the dark web and the Tor browser have enabled drug sellers and consumers to hook up anonymously online, with the drugs delivered to one's doorstep by Fedex, UPS, and the like.

Silk Road has been taken down and its proprietor, Ross Ulbricht, jailed for decades in the US, but as soon as Silk Road was down, new sites popped up. They got taken down, and again, new sites popped up. Rinse and repeat.

European authorities estimate the size of the dark web drug marketplace at about $200 million a year -- a fraction of the size of the overall trade -- but warn that it is growing rapidly. And why not? It's like an Amazon for drugs.

10.Massacring Drug Suspects in Southeast Asia

Philippines President Rodrigo Duterte has drawn international condemnation for the bloody war he unleashed on drug suspects upon taking office last year. Coming from a man who made his reputation for leading death squads while Mayor of Davao City, the wave of killings is shocking, but not surprising. The latest estimates are that some 12,000 people have been killed.

What's worse is that Duterte's bad example seems to be gaining some traction in the neighborhood. Human rights groups have pointed to a smaller wave of killings in Indonesia, along with various statements from Indonesian officials expressing support for Duterte-style drug executions. And most recently, a Malaysian member of parliament urged his own country to emulate Duterte's brutal crackdown.

This isn't the first time Southeast Asia has been the scene of murderous drug war brutality. Back in 2003, then Thai Prime Minister Thaksin Shinawatra launched a war on drugs that saw 2,800 killed in three months.

Chronicle AM: FDA Opens Public Comment on International Scheduling of New Drugs, More... (8/15/17)

It's the mid-August doldrums, but the FDA has opened public comment on whether and where to schedule a bunch of new drugs -- and CBD! -- under the international drug control treaties, the NBA's commissioner hints he's softening his stance on marijuana, and more.

A bunch of fentanyl analogs are among the new drugs -- and CBD! -- being considered for global scheduling. (Wikimedia)
Medical Marijuana

NBA Head Hints Openness to Examining Medical Marijuana. National Basketball Association (NBA) Commissioner Adam Silver, who has been a staunch foe of relaxing the league's marijuana policy, hinted on a recent trip to Israel that he may be changing his mind. When asked by a reporter about whether the NBA would follow the more pot-friendly NFL's lead, Silver responded thusly in remarks quoted by Uproxx: "I would say it's something we will look at," Silver said. "I'm very interested in the science when it comes to medical marijuana. My personal view is that it should be regulated in the same way that other medications are if the plan is to use it for pain management. And it's something that needs to be discussed with our Players Association, but to the extent that science demonstrates that there are effective uses for medical reasons, we'll be open to it. Hopefully there’s not as much pain involved in our sport as some others, so there’s not as much need for it."

Maryland Regulators Approve Eight More Cultivation Licenses. The state's medical marijuana regulators on Monday gave final approval for licenses for eight medical marijuana cultivation companies. Previously, only one grower had received a license. More growers are needed to provide product for the state's anticipated 102 dispensaries.

Drug Policy

FDA Opens Public Comment on New Drugs Considered for International Scheduling. The Food and Drug Administration (FDA) has published a notice in the Federal Register announcing a 30-day public comment period for persons or organizations wishing to weigh in on whether and where a number of unscheduled drugs should be included in the restrictive drug schedules of the 1971 Convention on Psychotropic Substances. The substances under consideration include several fentanyl analogs, some new psychoactive substances (AB-PINACA, AB-CHMINACA), pregabalin, tramadol, ketamine, and cannabidiol. You have until September 13 to file comments.

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