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Two Hundred Families Call for a Health Response to Overdoses, Not Punishment [FEATURE]

In the face of the continuing overdose crisis and the regressive resort to punitive drug war tactics such as drug-induced homicide laws to combat it, a group of friends and family members of drug users, including many who have lost loved ones to drug overdoses, is calling on Congress to stand firm against looking to more criminalization and prosecution as a solution.

The people of Broken No More (broken-no-more.org)
In collaboration with the Drug Policy Alliance, the group, Broken No More, last week sent an open letter to lawmakers urging them to oppose more failed drug war policies and instead embrace evidence-based health responses proven to save lives and prevent other families from suffering the loss of loved ones.

"Opportunistic politicians supported by law enforcement are using the overdose crisis and parents' grief to pass harsh drug laws that will only continue to fill our morgues and prisons," the open letter says. "Punitive laws will not bring our loved ones back, but they will subject other parents' children to more suffering and deny them the support that can keep them alive."

The group makes concrete demands of Congress about what it does and does not want. It says "no more" to drug-induced homicide laws, new mandatory minimum sentencing laws, or new laws increasing penalties for the possession of personal use amounts of illicit drugs.

Instead, it calls for "health-based solutions focused on overdose prevention, harm reduction, and drug treatment," including drug decriminalization (with the savings invested in addiction services and social supports), the panoply of harm reduction measures from needle exchanges and drug checking to safe injection sites, effective voluntary drug treatment options (including access on demand for opioid disorder medications buprenorphine and methadone, "reality based drug education," and removing civil punishments for drug use (in food, housing, and employment).

"As a mother who lost her 16-year-old son to overdose, I strongly oppose imposing harsher penalties for those involved in drug-related deaths," said Tamara Olt, MD, executive director of Broken No More. "It is enough that one family has been devastated by the loss of their loved one. It is cruel and unjust for a second family to lose their child to incarceration and the laws will increase deaths by making people afraid to get help for someone experiencing an overdose. I support a health-based approach, harm reduction, and safer supply to cease the senseless and preventable overdose deaths that are increasing exponentially. No one is disposable."

"I lost my son, my only child, Jeff, to an overdose. But he didn't have to die. There were two people with Jeff that day, one of whom had sold him the heroin he used. They could have called for help but, instead, they pulled him from the SUV and left him on a lawn. And while people will say that they were monsters, they weren't. The monster was fear. Fear of the police. Fear of arrest. Fear of spending 20 years to life in prison. It was fear that killed my son," said Denise Cullen, LCSW, co-founder of Broken No More. "Criminalization and punitive drug laws have resulted in nothing but more imprisonment, more deaths, and more devastated families. We must, instead, invest in health-based solutions that will save the lives of the ones we love. Laws that charge people with murder for a drug-related death may sound like a good idea. Until that is, it's your child that dies on a lawn."

"We stand behind the families who are bravely fighting for the right policy solutions so that no one else has to go through the heartbreak and pain they have experienced. Their voices are abundantly clear that the best way to address the overdose crisis is through continued investment in public health resources and services rather than doubling down on the deeply flawed, unjust, and failed punitive approaches of the past," said Emily Kaltenbach, senior director of state advocacy and criminal legal reform at the Drug Policy Alliance. "Turning to health solutions instead of punishment is the right way forward. People all across the country are looking for answers to the problems of public safety, mass criminalization, racist policing, addiction, overdose, and homelessness. But we know that punishing people for possessing drugs for personal use is not the answer to these issues."

For a complete list of signatories go here. Other parents and family members who have lost loved ones can sign the letter here.

The National Governors Association Weighs in on Fighting Drug Overdoses [FEATURE]

Faced with an ongoing drug overdose epidemic that may have peaked in recent months but is still killing around 100,000 Americans each year, with fentanyl implicated in the great majority of deaths, the nation's governors are moving to get a grip on the problem. On Tuesday, the National Governors Association (NGA) released a roadmap to help support governors and state officials in developing policy solutions to address unprecedented opioid overdose rates. Titled Implementing Best Practices Across the Continuum of Care to Prevent Overdose, the roadmap outlines concrete solutions across the full spectrum of health services, from the foundations, to prevention, harm reduction, treatment, and recovery.

By limiting their policy prescriptions to health services, the governors avoid tackling the prickly politics of drug prohibition and the role it plays in the overdose crisis. The words "legalization" and "decriminalization" do not appear once in the 79-page report. On the other hand, law enforcement is not mentioned as playing a role in addressing the problem, either.

Developed in coordination with the O'Neill Institute at Georgetown University Law Center, the roadmap is based on the contributions of more than 30 subject matter experts and 20 states and territories -- providing governors with specific, actionable recommendations to prevent overdose across five pillars of the Substance Use Disorder Continuum of Care.

This is not the first time the governors have addressed the topic. In fact, this report can be seen as an update to the NGA's 2016 Roadmap, which covered much of the same territory. The latest iteration, however, reflects the evolving nature of the ongoing drug overdose epidemic and includes strategies specific to the rise of illicitly manufactured fentanyl.

The continued attention is needed. From 2019 to 2021, overdose death rates increased in all 50 states; death rates in 40 states increased by more than 25 percent. The national overdose death rate in 2021 reached 32.4 per 100,000 people, compared to 6.1 in 1999. Overdose deaths among adolescents increased 109 percent from 2019 to 2021, despite low youth substance use rates.

For each of the five pillars -- foundations, prevention, harm reduction, treatment, and recovery -- the NGA roadmap makes specific recommendations:

Foundations

  • Establish a state government coordinating body to set a statewide vision for overdose prevention.
  • Invest in state infrastructure to maximize resources.
  • Seek and include the perspectives and leadership of people with a variety of lived experiences.
  • Invest in evaluation and test new ideas. Promote evidence-based requirements for funded prevention initiatives.
  • Nurture and grow a mental health and substance use workforce that reflects the populations served.

Prevention

  • Champion and invest in initiatives that support family cohesion and well-being.
  • Promote evidence-based requirements for funded prevention initiatives.

Harm Reduction

  • Maximize federal resources and braid funding to promote health and reduce harm for people who use drugs.
  • Implement targeted and low-barrier distribution strategies for overdose reversal agents (ORAs) such as naloxone.
  • Champion changes that allow for the distribution of harm reduction tools.

Treatment

  • Implement and invest in policies and programs that expand Medication for Opioid Use Disorder (MOUD) access beyond the office setting.
  • Implement and invest in evidence-based treatment and access models.
  • Maximize federal funding resources for treatment.
  • Assess state-level policies that restrict access.
  • Make all MOUD treatment forms available to those involved in the criminal legal system.

Recovery

  • Foster communities that support recovery.
  • Champion changes to policies to establish recovery residence standards.
  • Invest in small businesses and community-based organizations led by and employing people with lived experience who represent the communities they serve.

The roadmap goes into gritty, granular detail on each of these recommendations and policy-makers and advocates alike would be well advised to dig deeper. Overall, the NGA provides a progressive, evidence-based approach to dealing with drug overdoses. There is much to apply here.

MN House Votes to Legalize Marijuana, Act to Restore SNAP Benefits to Drug Felons Re-Filed, More... (5/19/23)

Minnesota is one Senate vote away from legalizing marijuana, the RESTORE Act gets reintroduced, and more.

Marijuana Policy

Minnesota House Gives Final Approval to Marijuana Legalization Bill. The House on Friday voted to approve a marijuana legalization bill that is a conference committee compromise of House and Senate versions of the legislation. The Senate could vote on the bill as soon as later today. Democratic Gov. Tim Walz will sign it into law once it reaches his desk. The final agreement sets possession limits at two ounces for flowers and allows for the home cultivation of up to eight plants, four or which can be mature. The measures also include the automatic review and expungement of certain marijuana-related offenses and sets up a system of taxed and regulated marijuana commerce. Retail sales will be taxed at 10 percent and on-site consumption will be allowed at permitted events. The two marijuana bills are Senate File 73 and House File 100.

Drug Policy

RESTORE Act Introduced in Congress to Lift SNAP Felony Drug Ban. The RESTORE Act -- legislation that would immediately repeal the lifetime federal ban on individuals with felony drug convictions from receiving Supplemental Nutrition Assistance Program (SNAP) -- was introduced Thursday in the Senate by Sen. Cory Booker (D-NJ) and Sen. Raphael Warnock (D-GA), and in the House by Rep. Steve Cohen (D-TN) with Rep. John Rutherford (R-FL) as a cosponsor. Initial Senate cosponsors include Sen. Alex Padilla (D-CA), Sen. John Fetterman (D-PA), Sen. Bernie Sanders (I-VT), Sen. Elizabeth Warren (D-MA) and Sen. Tina Smith (D-MN).

In 1996, Congress imposed the lifetime SNAP ban as a part of the welfare legislation signed by President Clinton. Although states can opt-out of enforcing this ban, state policymakers must affirmatively do so, and 22 states continue to limit SNAP eligibility for people with felony drug convictions. The RESTORE (Re-Entry Support Through Opportunities for Resources and Essentials) Act fully repeals this federal ban and eliminates the ability of states to continue to deny SNAP eligibility due to a felony drug conviction. The legislation also codifies a USDA administrative waiver to SNAP state agencies that allows individuals to apply for SNAP 30 days prior to their release from incarceration.

Over 150 organizations have endorsed the RESTORE Act, including the National Association of Criminal Defense Lawyers, The Leadership Conference on Civil and Human Rights, the Alliance To End Hunger, and the American Public Health Association.

Harm Reduction

Minnesota Governor Signs Bill Legalizing Drug Paraphernalia, Residue, Testing, and Syringe Services. Gov Tim Walz (DFL) has signed into law an omnibus criminal justice and public safety bill that includes provisions legalizing the possession of drug paraphernalia, clarifying that small amounts of drug residue are no longer a basis for a drug possession charge, authorizing "syringe service centers" that can do needle exchanges, give referrals to treatment to mental health and social services, test for blood-borne pathogens, and removing statute language that currently prohibits possession of products use for "testing the strength, effectiveness, or purity of a controlled substance."

Washington State Makes Drug Possession a Gross Misdemeanor [FEATURE]

Washington state is bordered on the north by British Columbia, which has decriminalized drug possession (at least for the next five years) under a federal waiver in January, and on the south by Oregon, which decriminalized drug possession by popular vote in 2020. But Washington state lawmakers this week made it clear that they would not be following their neighbors down the decriminalization path.

Gov. Jay Inslee (D) signs the "Blake fix" drug sentencing bill. (wa.gov)
There has been an opening for drug decriminalization in the Washington ever since the state Supreme Court threw out the state's felony drug possession statute in 2021 in Washington v. Blake because it did not require the defendant to knowingly possess forbidden drugs. Rather than have no drug possession statute at all, the legislature that year produced a bill to make it a misdemeanor. That bill was set to expire on July 1.

This year, as the clocked ticked down, lawmakers debated a variety of possibilities from decriminalization to re-felonization, and at the session, a conference committee produced a version of the drug possession law, Senate Bill 5536, that called for making possession a gross misdemeanor (punishable by up to 364 days in jail, as opposed to 90 for a misdemeanor) and skimped on funding for treatment. No Republicans voted for the final version of the bill, saying it was soft on crime.

Democrats and progressives were angered by the imposition of the gross misdemeanor penalties and the levels of treatment funding. Enough disaffected Democrats voted no to kill it.

"The notion that this bill is soft on crime is ridiculous. The House caved to pressure to escalate the penalty back up from a misdemeanor to a gross misdemeanor, with diversions allowed only with the consent of the prosecutor," said Allison Holcomb, director of political strategies for the ACLU of Washington. "A gross misdemeanor carrying a penalty of up to 364 days and a $5,000 fine is harsher than the felony penalty that applied before the Blake decision. The standard range for a felony [drug possession] offense was 0-60 days for the first three offenses, lower even than a misdemeanor -- 90 days."

The session ended last month without a new drug law and that left open the possibility that the state would soon have no drug possession law at all. Gov. Jay Inslee (D) then called a special session to meet this week with the drug possession law as its sole agenda item.

On Tuesday, the legislature passed a revised version of SB 5536, and Gov. Inslee signed it into law that night.

The bill signed into law maintains drug possession as a gross misdemeanor, but limits jail terms to 180 days -- not the 364-day term typical for that level offense. And it creates a new offense of public drug use with the same penalties. For both offenses, the maximum fine was lowered to $1,000.

It also includes $44 million to expand treatment and recovery efforts, more than double the $20 million allocated in the original bill.

But to appeal to conservatives, it also allows localities to continue to prohibit harm reduction services, including needle exchanges and safe injection sites, and it continues to give courts and prosecutors some discretion in a new pretrial diversion program, including jailing defendants who repeatedly reject drug treatment.

"This bill is not designed to fill our jails, it's designed to fill our treatment centers," said Inslee as he signed the bill. "And the investments we're making will create treatment resources in small townships and big cities. This is a statewide solution to a statewide problem."

Some progressives who voted for the bill still had concerns. State Sen. Yasmin Trudeau (D-Tacoma) said the state was still relying on the criminal justice system to bully people into treatment that too often isn't there.

"We don't have the infrastructure to offer services to everyone who will need it, and that gives me great pause," Trudeau said.

But veteran drug reformer state Rep. Roger Goodman (D-Kirkland) called it "a fair compromise that addresses urgent concerns about public disorder but follows evidence-based practices in helping people in need."

Fed Judge Rules for Opioid Distributors in WV Lawsuit, CA Kills Marijuana Cultivator Tax, More... (7/5/22)

A Washington state county commissioner demonstrates her cluelessness about harm reduction, Senate drug warriors file the END FENTANYL Act, and more.

pain pills (Creative Commons)
Marijuana Policy

California Governor Signs Bill Ending Cultivation Tax on Marijuana Growers. Gov. Gavin Newsom (D) has signed into law Assembly Bill 195, a wide-ranging bill to restructure the state's legal marijuana system whose most striking feature is the removal of the wholesale tax on marijuana growers. The aim of the bill is to provide relief to the struggling industry and further erode the marijuana black market. The bill also shifts collection of the state's 15 percent excise tax from the distributor level to the retail level, and it freezes the excise tax for at least the next three years. Aiming at unlicensed operators, the bill allows for fines of up to $10,000 per day for property managers who knowingly rent or lease space to unlicensed marijuana businesses. It also includes $40 million in tax credits, half for equity operators and half for microbusinesses. Social equity operators will also be eligible for a $10,000 tax credit and will be able to keep 20 percent of excise tax revenues for reinvesting in their businesses.

Opiates and Opioids

Bipartisan Group of Senate Drug Warriors File END FENTANYL Bill. Sens. Rick Scott (R-FL), Mike Braun (R-IN), Diane Feinstein (D-CA), and Maggie Hassan (D-NH) have filed the cutely-acronymed Eradicating Narcotic Drugs and Formulating New Tools to Address National Yearly Losses of Life (END FENTANYL) Act (Senate Bill 4440). The bill would require the Commissioner of US Customs and Border Protection (CBP) to update its policies at least once every three years to ensure drug interdiction guidance is up to date. The legislation was prompted by a 2019 GAO report, Land Ports of Entry: CBP Should Update Policies and Enhance Analysis of Inspections, which found drug interdiction guidance has not been updated in 20 years. Scott used a press release about the bill to slam President Biden for his "failed open border policies" even though DEA figures show that 80 percent of fentanyl comes through ports of entry, not in the backpacks of refugees, asylum seekers, and undocumented border crossers.

Federal Judge Rules for Opioid Distributors in West Virginia Lawsuit. A federal judge ruled against West Virginia plaintiffs in a lawsuit seeking damages from three major drug distributors who they accused of causing a public health crisis by distributing 81 million pills in eight years in one county hard hit by opioid addiction. Cabell County and the city of Huntington had sued AmerisourceBergen Drug Company, Cardinal Health, and McKesson Corp.

Plaintiffs argued that the companies sent a "tsunami" of prescription pain pills into the county and that their conduct was unreasonable, reckless, and disregarded the public health. "The opioid crisis has taken a considerable toll on the citizens of Cabell County and the City of Huntington. And while there is a natural tendency to assign blame in such cases, they must be decided not based on sympathy, but on the facts and the law," US District Judge David Faber wrote in the 184-page ruling. "In view of the court's findings and conclusions, the court finds that judgment should be entered in defendants' favor. Plaintiffs failed to show that the volume of prescription opioids distributed in Cabell/Huntington was because of unreasonable conduct on the part of defendants," Faber wrote, noting that the plaintiffs supplied no evidence that the companies distributed opioids to any entity that was not properly registered with the DEA or the state Board of Pharmacy. The city and the county had sought more than $2.5 billion that would have gone toward opioid efforts. The goal of the 15-year abatement plan would have been to reduce overdoses,

Harm Reduction

WA County Commissioner Fears "Normalization" of Naloxone. Amanda McKinney, a Republican Yakima County Commissioner, is concerned that the use of the opioid overdose reversal drug naloxone will be "normalized." She was responding to a presentation by the Board of Health about the increase in drug overdose deaths and the district's overdose awareness campaign, but zeroed in on one sentence: Among the goals of the campaign was "Increase awareness and education about the benefits of naloxone to normalize its use."

That set off McKinney: I'm really concerned about that last slide where it says normalize use. I would really like for us to expand on what that means," McKinney said. "I'm just wondering if there is a better term than normalize, 'cuz normalize to me means we're accepting this and promoting this as part of our daily lives and I think that that word is inappropriate."

Apparently unfamiliar with the notion of harm reduction, she also questioned the effectiveness of needle exchanges and fentanyl test strips. "I'd really like to know what the effectiveness is of fentanyl testing strips and syringe exchange services for actually successfully getting people off and away from being someone who is a habitual drug user," McKinney said. "I question those methods as being methods that are successful in getting people actually off the drugs." Following McKinney's comments, Health District Director Andre Fresco explained that harm reduction's primary goal is not to end drug use, but to save lives, and added that the district is involved in efforts to get people off drugs.

Record Overdose Death Numbers Prompt Calls for Harm Reduction, Drug Decriminalizaion [FEATURE]

On May 11, the Centers for Disease Control and Prevention (CDC) released data showing that more than 107,000 people died of drug overdoses in 2021, the most overdose deaths ever recorded in a single year. The figure marks a 15 percent increase over 2020, with the number of overdose deaths more than quadrupling since 1999. And this is only provisional data; the actual death toll could be even higher.

More people died of drug overdoses last year than from gunfire and traffic accidents combined, and the ever-rising death toll is leading to ever-louder calls for effective policy prescriptions and harm reduction interventions to reduce the carnage.

Opioids were implicated in nearly 80,000 overdose deaths, with synthetic opioids, primarily fentanyl and its derivatives, involved in more than 68,000. Cocaine was mentioned in more than 23,000 overdose deaths and psychostimulants, primarily methamphetamine, mentioned in more than 30,000.

To its credit, the Biden administration has recognized the urgency of the problem, embracing harm reduction interventions such as needle exchanges, drug testing, and access to the opioid overdose reversal drug naloxone in its 2022 National Drug Control Strategy. The strategy includes $30 million for harm reduction grants, but also $300 million increases for the DEA and Customs and Border Patrol. While the prohibitionist impulse remains strong, at least the administration has explicitly recognized the need for harm reduction.

But that isn't enough, advocates say.

"New data from CDC has confirmed our worst fears. The combined pressures of the COVID-19 pandemic, an increasingly potent illicit drug supply, and an overwhelmed and under-resourced public health system have driven the overdose crisis to catastrophic levels," said Daliah Heller, Vice President of Drug Use Initiatives at Vital Strategies, in a statement.

>Vital Strategies is a global public health organization that in February, launched "Support Harm Reduction," a campaign to highlight five key interventions for preventing overdose that many people in the United States still don’t have access to: naloxone, drug checking resources, medications for opioid use disorder, safer drug use supplies, and overdose prevention centers. 

>"What we’re doing now isn’t working, because the decades-old punitive response to drug use still predominates: The transition to a health-first, harm reduction approach has been slow and piecemeal," Heller continued. "Anemic levels of funding and policy support are woefully insufficient to stem the tide of overdose we are experiencing. These data are an urgent call to action for government at all levels: we need to mount a massive public health response to overdose that centers harm reduction and support instead of criminalization and punishment for people who use drugs.  

"Far too few people have access to any of the five key interventions we know will reduce overdose deaths," Heller added. "Most of these services are available in some form, in some locations in the majority of states, but they all need to be massively scaled up with an emergency investment. Until such actions are taken, the continued escalation of this overdose crisis seems inevitable," she said.

"The devastating rise in overdose deaths is falling most heavily on Black and Indigenous communities, where the need for relief now is more urgent than ever before," Heller noted. "A massive surge in funding and support for a harm reduction public health response will save lives immediately, engaging people who use drugs with lifesaving resources and support. The time for action is now."

Likewise, the new CDC numbers prompted the Drug Policy Alliance (DPA) to call on Congress to urgently support harm reduction services and move toward drug decriminalization.

"Once again, we are devastated by these numbers," said Jules Netherland, DPA Managing Director of the Department of Research & Academic Engagement. "Over 107,000 of our friends, family and neighbors lost their lives to drug overdose last year. And sadly, we know the numbers will only continue to climb unless our policymakers actually do what is necessary to curb them. The United States has spent over 50 years and well over a trillion dollars on criminalization - and this is where it has gotten us. It's clearly not working. It's time we start investing where it actually matters - in our communities, specifically Black, Latinx and Indigenous communities where we are now seeing the sharpest rise in overdose deaths. The evidence shows us, that in order to actually make a difference, we have to replace these approaches with those centered in public health, such as drug decriminalization coupled with increased access to evidence-based treatment and harm reduction services, overdose prevention centers, and legal regulation and safer supply to reduce the likelihood of accidental overdose," Nederland said.

It is time for safe injection sites, too, DPA insisted.
 
"We are grateful that the Biden Administration has embraced harm reduction as part of their National Drug Control Strategy, but we need to see that commitment met with Congressional funding and a massive scaling up of these health services," Nederland said. "It's also essential that Overdose Prevention Centers be implemented, which decades of evidence-based, peer-reviewed studies and utilization in over 14 countries show us are one of the most effective ways to save lives now. While it may not always be politically convenient, it’s time to be guided by the evidence about what works. Overdose deaths are avoidable and a policy failure—it’s time we stop recycling the same policies that got us here and take the actions that are necessary to save lives."

White House Releases 2022 National Drug Control Strategy, NH Marijuana Legalization Bill Nixed, More... (4/21/22)

A pair of companion marijuana legalization initiatives are cleared for singature-gathering in Oklahoma, SAMSHA mantains a firm line on drug testing rules, and more.

A needle exchange. The White House is emphasizing harm reduction measures to take on the overdose crisis. (Creative Commons)
Marijuana Policy

New Hampshire Senate Committee Votes to Kill Marijuana Legalization Bill. The Senate Ways and Means Committee voted unanimously Wednesday to kill a bill that would have legalized marijuana and had it sold at state-owned retail outlets, House Bill 1598. The bill could still come up for a Senate floor vote, but the committee vote likely signals the end of the road for this legislative session. The House has repeatedly passed marijuana legalization bills in recent years, only to see them die in the Senate. And even if something were to make it to the desk of Gov. Chris Sununu (R), he remains opposed to legalization. At least one senator indicated he was stuck in a time warp: "Why would we want to join the herd of introducing to our culture legalization of a substance that is unquestionably a gateway drug?" asked Sen. Bob Giuda (R-Warren).

Ohio Lawmakers File Marijuana Legalization Bill That Mirrors Ongoing Legalization Initiative. Two Democratic lawmakers, Reps. Casey Weinstein and Terrance Upchurch, have filed a marijuana legalization bill with the same language as the legalization initiative from the Coalition to Regulate Marijuana Like Alcohol (CRMTA). CRMTA's initiative passed an initial signature threshold, starting a process where the legislature has four months to either pass legalization or let it go to the voters in November (provided CRMTA succeeds in another round of signature-gathering), but there is little indication that the Republican-controlled legislature is going to act on it.

Oklahoma Marijuana Legalization Initiatives Okayed for Signature-Gathering. The state Supreme Court has cleared the way for two companion marijuana legalization initiative campaigns to begin signature-gathering. State Question 819 and the companion State Question 818, would amend the state constitution to protect the right of residents age 21 and older to use marijuana. Because they amend the constitution, they face a higher signature-gathering hurdle than State Question 820, which has already been cleared for signature-gathering. It needs about 90,000 signatures within 90 days to qualify for the ballot, while State Questions 819 and 820 will need about 178,000 valid voter signatures.

Drug Policy

Biden Administration Releases 2022 National Drug Control Strategy. The White House released the 2022 National Drug Control StrategyThursday, focusing on treating drug addiction and fighting drug trafficking. The strategy calls for expanded harm reduction interventions, such as drug test strips, needle exchanges, and access to the opioid overdose reversal drug naloxone. The new strategy is “the first-ever to champion harm reduction to meet people where they are and engage them in care and service,” the White House said. But the strategy also envisions a $300 million increase for Customs and Border Patrol and another $300 million increase for the DEA, maintaining a law enforcement emphasis. Those figures were released as part of the FY 2023 budget released last month.

Drug Testing

SAMSHA Cuts No Slack for Medical Marijuana, Accidental Exposures in Updated Federal Drug Testing Rules. In a pair of notices published in the Federal Register earlier this month, the Substance Abuse and Mental Health Services Administration (SAMSHA) published a pair of notices about proposed changes to drug testing policies. One new notice clarifies that having a doctor's recommendation for medical marijuana is not a valid excuse for a positive drug test. The secondnew notice states that passive exposure to secondhand marijuana smoke or accidental ingestion of foods containing marijuana are not a legitimate medical explanation for a positive drug test. These are proposed rules, and  there is a 60-day public comment period on the proposals is open until June 6.

Congress Passes, President Signs Omnibus Funding Bill That Has Reform Advocates Fuming [FEATURE]

The Fiscal Year 2022 Omnibus appropriations bill signed into law by President Biden on Tuesday has drug reform and civil rights groups fuming over both what was left out and what made the final cut. The bill extends class-wide scheduling and harsh criminal penalties for fentanyl-related substances, underfunds harm reduction services, and still includes a rider that bars the District of Columbia from taxing and regulating marijuana sales.

Drug reform and civil rights groups are directing some ire at Capitol Hill. (Creative Commons)
"We're deeply disappointed in House and Senate leadership for allowing this version of the bill to move forward and neglecting this rare opportunity to advance long overdue reforms," the Drug Policy Alliance (DPA) said in a press release after the bill passed Congress last week.

Congress ended up allocating a measly $18 million for the Centers for Disease Control and Prevention's Infectious Disease and the Opioid Epidemic program that supports needle exchange and overdose prevention program. While the figure is a $5 million increase over the last year, it fails to respond to urgent need to expand harm reduction services.

"With an overdose crisis that claimed more than 100,000 lives in 2021 alone, we urgently need to employ evidence-based services to save lives. Syringe services programs directly reach people at highest risk for overdose, HIV, hepatitis C and other infections, as well as other harms associated with drug use. It's past time that lawmakers prioritize making more of these lifesaving harm reduction services available," said DPA deputy director of National Affairs Grant Smith.

While Congress is not paying enough attention to harm reduction, its move to extend the Trump-era temporary class-wide scheduling of fentanyl-related substances will only increase the harms of criminal justice system exposure for people of color while failing to address the overdose crisis, civil rights advocates said. The Leadership Conference on Civil and Human Rights, a coalition of more than 230 national groups, wrote a January letter to the White House opposing the move, and its members are not happy now.

"During the protests calling for police accountability and criminal-legal reform in 2020, many lawmakers on both sides of the aisle promised to pursue racial equity. This scheduling policy flies directly in the face of those promises," said Sakira Cook, senior director of the justice reform program at The Leadership Conference on Civil and Human Rights in a press release following the vote. "For too long Black and Brown people and their communities have suffered from under-resourcing and over policing, due in large part to the war on drugs. Congress must stop trying to perpetuate mass incarceration and instead advance policies that actually help our communities navigate the overdose crisis as a public health issue."

"We are disappointed that Congress has continued the temporary class-wide scheduling of fentanyl-related substances instead of preventing opioid deaths through comprehensive legislation," said Marta Nelson, director of government strategy at the Vera Institute of Justice. "We urge Congress to use this time to work on a permanent solution -- one that saves lives through public health measures, narrows the definition of fentanyl-related substances subject to criminal prosecution, and removes mandatory minimum punishments. We must change our current approach to this crisis in a way that addresses public safety needs and the needs of communities of color."

"It's hard to believe Congress extended this 'temporary' policy yet again. Overdoses have only skyrocketed since it came into force. It is time to let this expire now," said Laura Pitter, deputy director of the US Program at Human Rights Watch. "Congress already has the tools they need to prosecute cases involving fentanyl-related substances. This cruel, over-broad approach hasn't helped, and continues to disproportionately impact Black and brown communities."

And then, there is the issue of marijuana in the nation's capital. DC residents overwhelmingly approved the Initiative 71 marijuana legalization measure in November 2014, but because the District, as a federal territory, cannot control its own budget, Congress has been able to block the District from being able to implement taxed and regulated marijuana sales. The "Harris rider," named after conservative Rep. Andy Harris (R-MD), frustratingly remains intact despite Democratic control of both houses of Congress.

"We are very disappointed that Congress continues to prevent residents of DC from regulating cannabis despite their urgent and repeated requests for reform. Instead, Congress is forcing the District to maintain a gray market in which cannabis can be legally possessed and consumed by adults, but it cannot be legally sold, regulated, or tested, said Toi Hutchinson, President and CEO of the Marijuana Policy Project in a press release. "This places consumers at risk, and entrepreneurs who live in this minority-majority community are denied the ability to open businesses that are available in every other legal cannabis jurisdiction."

That's a whole lot of disappointment and frustration with the Democratic leadership of the Congress. There may be more to come. The SAFE Banking Act remains stalled, and even Senate Majority Leader Chuck Schumer's (D-NY) proposed marijuana legalization bill doesn't look like it has enough votes to pass. This could end up being a year to forget when it comes to responsible drug policies from Congress.

NJ Governor Signs Syringe Access Expansion Bills, Thailand to Decriminalize Marijuana, More... (1/18/22)

It's January, and the marijuana bills are coming fast and furious, a Utah bill would create a psychedelic therapy task force, and more.

Louisiana US Senate candidate Gary Chambers fires up for his first campaign ad. (YouTube)
Marijuana Policy

Delaware Marijuana Legalization Bill Filed. State Democrats are back once again with a marijuana legalization bill. State Rep. Ed Osienski (D-Newark) has filed House Bill 150, which would legalize the possession of up to an ounce by people 21 and over, but bans people from growing their own. The bill also envisions a system of taxed and regulated legal marijuana commerce and includes a small social equity provision that would earmark a portion of pot taxes for aiding communities most hard hit by the war on drugs. But the bill's prospects are cloudy since it would need a supermajority to pass the legislature and would then face a governor reluctant to sign it.

Louisiana US Senate Candidate Smokes Blunt in Campaign Ad. Democratic US Senate candidate Gary Chambers on Tuesday released his first campaign ad, a video showing him smoking a marijuana blunt and calling for its legalization. "Every 37 seconds someone is arrested for possession of marijuana," said Chambers in the video. "States waste $3.7 billion enforcing marijuana laws every year. Most of the people police are arresting aren't dealers but rather people with small amounts of pot, just like me," he goes on. In a tweet accompanying his ad, Chambers added: "I hope this ad works to not only destigmatize the use of marijuana, but also forces a new conversation that creates the pathway to legalize this beneficial drug and forgive those who were arrested due to outdated ideology." He is running to challenge sitting US Senator John Kennedy (R).

Maryland Marijuana Legalization Constitutional Amendment Bill Filed. Delegate Luke Clippinger (D-Baltimore City) has filed House Bill 1, a marijuana legalization bill with a twist: It takes the form of a constitutional amendment, which would have to win a supermajority of both the House and Senate before going to voters at the polls during a general election. The measure would legalize marijuana possession for people 21 and over and set up a system of taxed and regulated marijuana commerce. If it gets past the legislature, voters would be asked: "Do you favor the legalization of adult-use cannabis in the State of Maryland?" Recent polls show roughly two-thirds of Marylanders are ready to free the weed.

Psychedelics

Utah Bill Would Create Psychedelic Task Force. Rep. Brady Brammer (R-Highland) has filed House Bill 167, which would create a Mental Illness Psychotherapy Drug Task Force that would "study and make recommendations on drugs that may assist in treating mental illness." The task force would be co-chaired by the head of the state Health Department and the head of the Huntsman Mental Health Institute and would also include a licensed psychiatrist; a licensed psychologist; a representative from the Utah Medical Association, someone who researches and studies neuroscience and mental health; a health system representative; and a patient who is knowledgeable about using a psychotherapy drug, among others. Although not mentioned specifically in the bill, supporters say psilocybin, the psychoactive compound in magic mushrooms, is the drug most likely to be considered by the task force.

Harm Reduction

New Jersey Governor Signs Syringe Access Expansion Bills into Law. Governor Phil Murphy (D) on Tuesday signed into laws a pair of bills that will ease access to syringes. The Syringe Access Bill (S-3009/A-4847) removes authority to approve and close syringe access programs (SAPs) from local municipalities and places that authority with the New Jersey Department of Health, aligning SAPs with other public health services. The Syringe Decrim Bill (S-3493/A-5458) decriminalizes possession of syringes and allows for expungement of previous convictions. By shifting authority from municipalities to the New Jersey Department of Health, this legislation effectively prevents the Atlantic City SAP, called the Oasis Drop-In Center and operated by South Jersey AIDS Alliance, from being closed by the Atlantic City Council. In July 2021, the Atlantic City Council voted to remove municipal approval from the SAP over the objections of people who use drugs, people living with HIV, local and statewide advocates, and the Murphy administration.

International

Canadian Harm Reductionists Sue Alberta Over Policy to Require Safe Injection Site Users Show Health ID Cards. Harm reduction groups are taking legal action to try to block the province of Alberta from requiring that people using a safe injection site show their Health Canada identification cards. The policy is set to go into effect on January 31, and harm reductionists say it will create a barrier to using the service and increase the risk of fatal overdoses. The Alberta Court of Appeal has agreed to an emergency hearing on January 27. This latest move comes after a provincial judge earlier this month dismissed an injunction that would have blocked implementation of the new rule.

Thailand to Decriminalize Marijuana. The Thai Food and Drug Administration is set to propose removing marijuana from the country's list of proscribed drugs on Wednesday, clearing the way for Health Minister Anutin Charmvirakul to grant final approval. "While the law change will allow all parts of cannabis to be bought, sold and used, recreational use will likely remain controlled as marijuana extracts with higher tetrahydrocannabinol levels that get people high will still be regulated," said Chaiwat Sowcharoensuk, an analyst at Krungsri Research. "Producers of soaps, beauty products and cosmetics from marijuana will likely be the ones to benefit the most from the decriminalization."

Canada Opens Legal Pathway for Access to Psychedelic Treatment with MDMA, Psilocbyin, More... (1/11/22)

The nation's top spook announces an easing of rules around past marijuana use and national security clearances, the New Jersey legislature approves needle exchange expansion and syringe decriminalization bills, and more.

psilocybin molecule (Creative Commons)
Marijuana Policy

Director of National Intelligence Gives Clarification on Marijuana Issues and Clearance Holders. In guidance released late last year, Director of National Intelligence Avril Haines clarified the intelligence community's policy regarding security clearances for people who have used marijuana. Under previous policy, people needed to have not used marijuana for one to two years before applying for a national security position, but now the policy is that past marijuana use should not be determinative, but that they needed to stop using if they were being considered for a position: "In light of the long-standing federal law and policy prohibiting illegal drug use while occupying a sensitive position or holding a security clearance, agencies are encouraged to advise prospective national security workforce employees that they should refrain from any future marijuana use upon initiation of the national security vetting process, which commences once the individual signs the certification contained in the Standard Form 86 (SF-86), Questionnaire for National Security Positions."

The new guidance also addresses investing in marijuana businesses, warning that people seeking clearances should not do so, and it warns people seeking security clearances to be wary of using CBD products -- although it doesn't forbid it. "With respect to the use of CBD products, agencies should be aware that using these cannabis derivatives may be relevant to adjudications in accordance with SEAD 4." In other words, it could show up on a drug test.

Virginia Republican Files Bill to Eliminate Social Equity Funding in Marijuana Program. State Sen. Thomas Norment Jr. has filed a bill, Senate Bill 107, that would eliminate social equity funding for the state's recreational marijuana program. The bill would delete the line in last year's marijuana legalization law that channels 30 percent of revenues into a marijuana equity investment fund. Although Democrats still control the state Senate, minority business advocates worry that the bill could still pass and are calling it an effort to dismantle provisions in the law that have strong public support. If the bill does not pass, the funding will go supporting licensing opportunities for small and minority-owned marijuana businesses.

Harm Reduction

New Jersey Legislature Approves Bills Ending Requirement for Municipal Approval for Needle Exchanges. The legislature has passed the Syringe Access Bill (S-3009/A-4847) and the Syringe Decrim Bill (S-3493/A-5458), a pair of bills whose aim is to address the state's opioid overdose epidemic by easing access to clean needles, legalizing possession of needles, and expanding access to addiction services. The first pair of bills ends the requirement that municipalities pass an ordinance to okay local needle exchanges, while the second pair of bills legalized needle possession.

International

Canada Opens Legal Pathway for Access to Psychedelic Treatment with MDMA, Psilocbyin. Health Canada has amended federal regulations to allow doctors to request access to restricted drugs, such as MDMA and psilocybin, for patients undergoing psychedelic therapy. The regulatory change will allow physicians to use the Special Access Program, which allows healthcare practitioners to access drugs that have shown promise in clinical trials, or are approved in other countries, to seek permission to employ the drugs as therapeutics. The amendment to the Food and Drug Regulations was published in the Wednesday edition of the Canada Gazette, Canada's version of the federal register.

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