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Chronicle AM: Marijuana Policy in Senate Races, CA Fair Sentencing Act, Stanton Peele on Disease Model, More (9/29/14)

Marijuana politics is popping up in some US Senate races, pot arrests are still going up in some states, the Guam medical marijuana initiative faces a legal challenge, Stanton Peele takes on the disease model of addiction and liberals who love it, Jerry Brown signs the California Fair Sentencing Act, and more. Let's get to it:

Addiction psychologist Stanton Peele rips into liberals who embrace the disease model of addiction. (YouTube.com)
Marijuana Policy

Marijuana Policy in the Kentucky US Senate Race. Pot politics is playing a role in the Kentucky Senate race. Both incumbent Republican Sen. Mitch McConnell and Democratic challenger Alison Grimes agree that industrial hemp is a good thing, but Grimes said last Thursday she wants to have a discussion on legalizing marijuana, especially for medical purposes. McConnell retorted last Friday that he opposes legalizing marijuana for any reason because the state has a heroin problem and it would send the wrong message.

Nebraska Democratic US Senate Candidate Open to Legalization. The Democratic nominee for the US Senate from Nebraska is open to marijuana legalization. "I think we should give very serious consideration to legalization of marijuana," Dave Domina said Thursday. "If I were a philosopher king, we wouldn't have it, but I'm not and we need to spend our law enforcement dollars as intelligently as we can. That's not on marijuana enforcement. "What we should do is to make safe and dispense responsibly the drugs that are the most common, the least dangerous," he said. "I'm not saying they are desirable. I don’t think cigarettes are desirable, frankly. But nonetheless, I think that’s what we need to do. We need to methodically make marijuana available to people on a rational basis. It needs to be safely distributed and it needs to be taken away from crime as a profit center." The Republican nominee, Ben Sasse, didn't take a firm stand on the issue.

Marijuana Arrests Up in 17 States. Marijuana legalization may be inevitable, but some states haven't gotten the message. According to a new report from marijuana researcher Dr. Jon Gettman, even though national marijuana arrests peaked in 2007, marijuana arrests increased in 17 states between 2008 and 2012. Those states and their rates of annual increase are: South Carolina (11.6%), Washington, DC (7.7%) South Dakota (7.7%), North Dakota (5.5%), Utah (4.5%), Illinois (4.3%), Montana (3.5%), Idaho (3.2%), Virginia (2.6%), New York (2.4%), New Jersey (2.4%), Oregon (2.1%), Tennessee (1.7%), Wisconsin (1.2%), Vermont (1%), Michigan (1%), and West Virginia (1%). The report is Marijuana in the States 2012.

Overblown Analogy Department. The Polk County, Florida, Sheriff's Office is sounding the alarm over high-THC cannabis oil, popularly known as "wax" or "dabs," but its spokesperson is relying on an old bogeyman to get her message across. "This particular drug is to marijuana the way crack is to cocaine," Donna Wood said.

Medical Marijuana

Guam Attorney Seeks to Block Medical Marijuana Initiative. Voters in Guam are set to vote on a medical marijuana initiative submitted by the territorial legislature next month, but a Guam attorney has asked the US District Court there to block the vote. Howard Trapp argues that the legislature can't legally "pass the buck" to voters, even though the island's Supreme Court said it could in an August ruling. The election commission has until October 7 to respond to the filing.

First Illinois Patients Get Their Cards. Jim Champion, an Army vet who suffers from multiple sclerosis, is apparently the first Illinois patient to get his medical marijuana card. His came last week. He is the first of more than 2,000 Illinois residents who have applied under the state's new law.

New York Governor Asks Justice Department to Allow State to Acquire Medical Marijuana from Other States. Last Friday, Gov. Andrew Cuomo (D) sent a letter to Deputy Attorney General David Cole asking the Justice Department to extend a narrow, time-limited exception to federal law to allow the importation of certain strains of medical marijuana from other states for use by children in New York with severe forms of epilepsy. The letter follows a similar letter sent last month by the Cuomo administration to Attorney General Eric Holder.

Drug Policy

Dr. Stanton Peele on the Disease Theory of Addiction. Drug war critic and iconoclastic addiction psychologist Dr. Stanton Peele has penned a provocative screed critical of the disease theory of addiction and political liberals who embrace it. The article is "Why Liberals Love the Disease Theory of Addiction, by a Liberal Who Hates It."

Sentencing

California Fair Sentencing Act Signed Into Law. California Gov. Jerry Brown Sunday signed into law the Fair Sentencing Act, which will undo racial disparities in the sentencing of cocaine offenders under laws passed during the crack cocaine hysteria of the 1980s. Brown did not issue a signing statement. The law, Senate Bill 1010, eliminates sentencing disparities between crack and powder cocaine offenses. It also eliminates related disparities in probation and asset forfeiture guidelines for those offenses.

International

Uruguay Presidential Candidate Says Pot Smoker Registry Could Be Used to Identify People Needing Drug Treatment. Former President Tabare Vazquez, who is running to return to the office, has proposed using the state's registry of marijuana users to expose them to drug treatment. He was attempting to frame the law as a rehabilitative measure, but critics say it could dissuade users from registering with the state. Vazquez's remarks also run afoul of provisions in the law that limit revealing such data "without the individual's express written consent."

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

Chronicle AM: MPP Files for 2016 in CA, Addiction Group Calls for FDA Head's Head, More (9/24/14)

MPP begins laying the groundwork for a 2016 legalization initiative in California, a new report examines the impact of pot law reforms, Pennsylvania Senate votes on medical marijuana today, anti-addiction activists target the FDA, and more. Let's get to it:

Chart from the CJCJ's report on the impact of marijuana law reforms.
Marijuana Policy

MPP Files Campaign Committee for 2016 California Initiative. And so it begins. The Marijuana Policy Project today filed with the California secretary of state to create a campaign committee to support a 2016 marijuana legalization ballot initiative. The group says the committee will be part of a broad coalition working to legalize marijuana in the nation's most populous state. That coalition will be working on an initiative draft in the coming months.

CJCJ Report Examines Impact of Marijuana Law Reforms, Supports Legalization Over Decriminalization. In a report released today, the Center for Juvenile and Criminal Justice examines the impact of pot law reforms in states that have either decriminalized or legalized the herb and calls legalization the best policy choice. The report is Reforming Marijuana Laws: Which Approach Best Reduces the Harms of Criminalization? A Five-State Analysis.

Medical Marijuana

Pennsylvania Medical Marijuana Bill Headed for Senate Vote Today. The bill, which was amended yesterday in the Appropriations Committee to ban the use of vaporizers and to greatly narrow the list of allowed conditions for using medical marijuana, is set for a Senate floor vote today.

Heroin and Opiates

Pennsylvania Report Says Heroin Cheaper Than Beer. The Center for Rural Pennsylvania (an agency of the state legislature) has issued a report on opiate addiction in the Keystone State that finds that heroin is cheaper than beer and is sold through sophisticated retail networks. The report, Heroin: Combating this Growing Epidemic in Pennsylvania, recommends a variety of legislative actions, including passage of bills creating a statewide prescription drug database, "Good Samaritan" laws, and making the opioid overdose reversal drug naloxone more available.

Anti-Addiction Activists Call on FDA Head to Resign. A group calling itself FED UP: A Coalition to End the Opioid Epidemic today released a letter calling for the resignation of Food and Drug Administration (FDA) Commissioner Dr. Margaret Hamburg because of "the FDA's continued approval of new, dangerous, high-dose opioid analgesics that are fueling high rates of addiction and overdose deaths." The group takes issue with the FDA's approval last year of the new opioid pain reliever Zohydro, but it also criticized the agency for approving new drugs that are actually designed to be harder to misuse, such as Targiniq, which combines oxycodone with naloxone. FDA spokeswoman Erica Jefferson defended Dr. Hamburg, saying she had to balance concerns about abuse and public safety with those about adequate access to pain medications. "Preventing prescription opioid abuse and ensuring that patients have access to appropriate treatments for pain are both top public health priorities for the FDA," Jefferson said in a statement.

Sentencing

California Defelonization Initiative Has Healthy Lead in New Poll. A poll released yesterday by the Public Policy Institute of California has the state's defelonization initiative, Proposition 47, winning with support at 62%. The initiative would turn drug possession felonies and some other low-level nonviolent offenses into misdemeanors.

International

Bermuda Activist Sues Premier Over Medical Marijuana. Attorney Alan Gordon has sued Premier Michael Dunkley as part of his campaign to ease access to medical marijuana on the island. Gordon accuses the government of creating a double standard by not arresting him for openly cultivating medical marijuana while prosecuting atheists and Rastafarians for the same offense.

Serbian Health Minister Supports Medical Marijuana. Serbian Health Minister Zlatibor Loncar has said marijuana provides "good results in medicine" and announced he will open a public debate on the issue. "The ministry would not prevent the introduction in medicine of anything that gives results for treatment, including marijuana. There are results showing that cannabis gives good results in medicine. We do not want to make decisions for one day, though. We want to meet people with all the details," he said.

Chronicle AM: NFL Relaxes Marijuana Policy, Bolivia Rejects US Criticism, Aussie PM Supports MedMj, More (9/18/14)

MPP fights to get a third local Maine initiative on the ballot, Florida CBD cannabis oil growers fight for better rules, the NFL relaxes its marijuana policy, Bolivia's president rejects US claims on drugs, Australia's prime minister supports medical marijuana, and more. Let's get to it:

Bolivian President Evo Morales shrugs off US criticism of his country's drug policies. (wikimedia.org)
Marijuana Policy

MPP Files Complaint to Get York, Maine, Initiative on Ballot. The Marijuana Policy Project filed a complaint yesterday in York County Superior Court seeking a temporary injunction to force the town Board of Selectmen to put a possession legalization question on the November ballot. The board has twice refused to put the matter to voters, despite petitioners gathering enough signatures to put the measure on the ballot. The complaint seeks a hearing by tomorrow. Similar initiatives are already set for Lewiston and South Portland; Portland voted to legalize it last year.

Medical Marijuana

Florida CBD Cannabis Oil Program Delayed After Growers Complain About Proposed Rules. The Department of Health's issuance of proposed rules on who could qualify for one of five licenses to grow low-THC, high-CBD medical marijuana under a new state law have run into stiff opposition from potential growers. The growers have filed challenges to the rules, and now an administrative judge must deal with those challenges. He has up to 60 days to do so.

Drug Policy

NFL, Players Agree on New Drug Policy, League Eases Up on Marijuana. The league's new drug policy allows for immediate testing for the presence of human growth hormone (HGH). It also raises the acceptable level of THC found in a player's system from 15 nanograms per millileter to 35 nanograms. The change in policy will allow several suspended players to return immediately; others will see the lengths of their suspensions reduced.

Opiates

Senator Whitehouse Files Bill to Address Prescription Opiate, Heroin Use. Sen. Sheldon Whitehouse (D-RI) yesterday introduced SB 2389, "a bill to authorize the Attorney General to award grants to address the national epidemics of prescription opioid abuse and heroin use." The next of the bill is not yet available online. The bill heads to the Senate Judiciary Committee.

North Carolina Conference on Heroin Set for February. The North Carolina Harm Reduction Coalition, legislators, medical professionals, law enforcement, and heroin users and people impacted by its use will hold a conference in February to discuss legislative solutions to heroin use and heroin-related drug overdoses. Click on the link for more information.

International

Irish Review Calls for Easing Drug Laws. A government study of sentencing policy has called for an easing of mandatory minimum sentences for serious drug dealing offenses, which currently stand at 10 years. The Strategic Review of Penal Policy also recommends increasing the monetary threshold that triggers serious drug dealing charges, which is currently at about $20,000. And it calls for increasing "good time" for good behavior in prison from 25% to 33%.

Bolivia Rejects US Claim It Hasn't Done Enough to Curtail Drug Production. Bolivian President Evo Morales, a coca growers' union leader, rejected the White House's designation last week of Bolivia as one of three countries (along with Burma and Venezuela) that had failed to comply with US drug policy mandates. "Whatever they do and whatever they say, or yell from the United States, the people won't be confused by this type of information," Morales said Wednesday in a speech. Although the US complains that "illegal cultivation for drug production remains high," the UNODC said in June that coca leaf production in Bolivia last year had declined 9% and was at the lowest level since 2002.

Mexico Orders 18 Black Hawk Helicopters for More Better Drug War. The Pentagon announced this week that it has awarded a $203 million contract to Sikorsky to build 18 UH-60M Black Hawk helicopters for the Mexican Air Force. That contract doesn't include the cost of engine and mission systems; the total cost for supplying the choppers will be about $680 million. Mexico will use the choppers "to enhance its counter-narcotics capabilities."

Australia Prime Minister Backs Medical Marijuana. Prime Minister Tony Abbott has written in a letter to a radio host saying he is prepared to support legalizing medical marijuana. "I have no problem with the medical use of cannabis, just as I have no problem with the medical use of opiates," Abbott wrote. "If a drug is needed for a valid medicinal purpose though and is being administered safely there should be no question of its legality. And if a drug that is proven to be safe abroad is needed here, it should be available. I agree that the regulation of medicines is a thicket of complexity, bureaucracy and corporate and institutional self interest. My basic contention is that something that has been found to be safe in a reliable jurisdiction shouldn't need to be tested again here."

South Africa Medical Marijuana Bill Gets Support of Christian Democrats. The Medical Innovation Bill, which would allow for the use of medical marijuana, has gained the support of the African Christian Democratic Party. The bill was reintroduced by an Inkatha Party member last week, and the governing African National Congress Party approved letting it move forward.

Chronicle AM: OR Dems Just Say Yes, DEA Tightens Screws on Vicodin, CT's First Dispensary Opens, Peru Coca Eradication, Venezuela Plane Shootdowns (8/21/14)

Oregon Dems just say yes, Connecticut's first dispensary opens, the DEA tightens the screws on Vicodin, guess who's more likely to get busted for pot in Ferguson, Missouri, and more. Let's get to it:

coca plants (unodc.org)
Marijuana Policy

Oregon Democratic Party Endorses Legalization Initiative. Oregon's Democratic Party has endorsed Measure 91, the New Approach Oregon marijuana legalization initiative. "A majority of Americans and large majority of Democrats now support state regulation of legal marijuana use," the party said. "Measure 91 is the right approach to legalization in Oregon, strictly regulating use while funding law enforcement and schools. Vote Yes on 91."

No Decriminalization Vote in Toledo in November. Even though Northwest Ohio NORML turned in sufficient signatures to qualify a decriminalization initiative for the local ballot earlier this month, voters will not have a chance to get their say in November because the city council failed to act by today. The council doesn't have another meeting set until last week. It's unclear if the initiative is now dead, or if it will go on the ballot at a later date.

Medical Marijuana

Connecticut Gets First Medical Marijuana Dispensary. The first dispensary in the state opened Wednesday night in South Windsor. Prime Wellness of Connecticut is the first of six dispensaries approved for licenses by the Department of Consumer Protection. The rest will be opening in coming weeks or months.

Prescription Opiates

DEA Tightens Rules on Popular Pain Relievers. It is about to get more difficult to obtain popular pain medications based on hydrocodone, including widely prescribed drugs such as Vicodin. The DEA announced today that it is moving hydrocodone combination drugs from Schedule III of the Controlled Substances Act (CSA) to Schedule II. Drugs containing only hydrocodone were already placed on Schedule II, but drug combinations containing hydrocodone plus other substances, such as aspirin or acetaminophen, have been Schedule III since the CSA was passed in 1970.The DEA will publish the final rule establishing the change in the Federal Register tomorrow. It will go into effect in 45 days.

Law Enforcement

Blacks in Ferguson, Missouri, More Than Three Times More Likely Than Whites to Be Arrested for Marijuana Possession. In its podcast this week, Missouri drug reform group Show-Me Cannabis points to the drug war connection in the tensions between police and residents in the predominantly black St. Louis suburb of Ferguson, plagued by more than 10 days of unrest since the killing of unarmed black teenager Michael Brown. Show-Me's John Payne points out that black residents of Ferguson are 3.25 times more likely to be arrested for marijuana possession than whites. Click on the title link to listen to the podcast.

International

West Africa Drugs Commission Head Says Region Must Step Up, Deal With Political Weakness. Former Nigerian President Olusegun Obasanjo, who also heads the West Africa Commission on Drugs, said countries in the region must confront their political and institutional weaknesses if they are to get a handle on the drug trade. "West Africa is no longer only a transit zone of drugs but an attractive destination where pushers take advantage of the weak political system to perpetuate their trade," he said during a meeting with Ghana's President John Mahama."We believe that we should confront openly the political and governance weaknesses which the traffickers exploit," Obasanjo said. "Drug barons can buy, they can do, and they can undo -- buy officials in the military, security and pervert justice." The commission has called on West Africa to decriminalize drug use and treat the issue as a public health problem.

Peru Aims to Eradicate 75,000 Acres of Coca Plants This Year. Peru's anti-drug agency, DEVIDA, says it has already eradicated 30,000 acres of coca plants this year and plans to eradicate another 45,000 acres by years' end. The eradication is being done manually and in tandem with $90 million crop substitution program. About 125,000 acres are under cultivation for coca. Peru is arguably the world's largest coca producer (vying with Colombia), and 90% of the crop is estimated to be destined for the illicit cocaine trade.

Venezuela Has Shot Down at Least Three Suspected Drug Planes in Last Year. At least three planes flying out of Mexico and suspected of carrying drugs have been shot down over Venezuela since last November. This Vice News report goes into detail on the search for one of the missing pilots.

DEA Tightens Rules on Popular Pain Relievers

It is about to get more difficult to obtain popular pain medications based on hydrocodone, including widely prescribed drugs such as Vicodin. The DEA announced today that it is moving hydrocodone combination drugs from Schedule III of the Controlled Substances Act (CSA) to Schedule II.

Drugs containing only hydrocodone were already placed on Schedule II, but drug combinations containing hydrocodone plus other substances, such as aspirin or acetaminophen, have been Schedule III since the CSA was passed in 1970.

The DEA will publish the final rule establishing the change in the Federal Register tomorrow. It will go into effect in 45 days.

This is the end result of a rescheduling request first submitted in 1999, and another indication of retreat from the looser prescribing of opiate pain medications that began about 15 years ago. It comes as prescription overdose deaths and rising levels of heroin addiction are sparking public and official concern.

"Almost seven million Americans abuse controlled-substance prescription medications, including opioid painkillers, resulting in more deaths from prescription drug overdoses than auto accidents," said DEA administrator Michele Leonhart. "Today's action recognizes that these products are some of the most addictive and potentially dangerous prescription medications available."

Moving these hydrocodone combination products to Schedule II will significantly tighten access to them. Patients will not be able to get refills on the same prescription, but will have to go back to the doctor's office to get another one. Doctors will no longer be able to call in prescriptions. And pharmacies will have to store the drugs in secured vaults.

"This is substantial," said Dr. Nathaniel Katz, assistant professor of anesthesia at Tufts University School of Medicine in Boston. "It's a sign of a shift toward more cautious opioid prescribing. This will be an inconvenience to some, but policy is a machete not a scalpel and you have to figure out where to use it. I think people will be more helped than harmed," he told the New York Times.

But Dr. John Mendelson, a professor of medicine at the University of California-San Francisco, and an addiction specialist, told the Times he thought the change would lead to an increase in prescriptions of other drugs such as oxycodone, and a rise in the use of heroin.

Other pain management experts have yet to offer opinions, but there is likely to be criticism that the move will create more obstacles for chronic pain sufferers, including those who have problems making it to the doctor's office for a visit to get a prescription written. As many as 100 million Americans suffer from chronic pain, according to a 2011 study from the Institute of Medicine.

Washington, DC
United States

Chronicle AM -- August 7, 2014

The legalization debate packed 'em in in Anchorage, California's medical marijuana regulation bill is going down to the wire, Massachusetts has a new substance abuse law, China executes two for drugs, and more. Let's get to it:

Anchorage (Frank K. via Wikimedia)
Marijuana Policy

Alaska Legalization Debate Draws Big Crowd. The Wilda Marston Theatre in Anchorage was packed last night as supporters and opponents of the legalization initiative, Ballot Measure 2, duked it out. Click on the link to get the flavor of the debate.

NJ Weedman Becomes a Newspaper Columnist. Longtime New Jersey marijuana activist Ed Forchion, better known as the NJ Weedman, is about to get a new platform. He announced today that he now has a new gig: columnist for the The Trentonian newspaper, where he will produce the "Cannabis Column."

Lewiston, Maine, Initiative Campaign to Turn in Signatures Tomorrow. Citizens for a Safer Maine, the organizers of the Lewiston initiative to legalize marijuana possession for adults, will turn in more than 1,250 signatures tomorrow. They need 859 valid voter signatures to qualify for the November ballot. They will also hold a media availability at 11:00am in front of city hall.

Poll Finds Strong Support for Marijuana Reform in Pennsylvania. A new poll from Keystone Analytics has strong support for marijuana reform, with 47% supporting medical marijuana and another 22% saying they supported legalization for any reason. Only 27% thought marijuana should remain illegal for all purposes. The poll has a +/- 4.4% margin of error.

Medical Marijuana

California Still Struggling with Statewide Regulation Bill. The clock is ticking on Senate Bill 1262, the last effort to regulate medical marijuana statewide still alive in the legislature. It needs to pass before month's end or it dies, but the marijuana community itself is divided over it, and it's not clear that the interests of lawmakers, law enforcement, cities and counties, and the medical marijuana industry can all be aligned. As of now, the most recent version of the bill is still supported by the police chiefs and Americans for Safe Access. But California NORML, the Drug Policy Alliance and Law Enforcement Against Prohibition oppose it unless it's amended. Click on the title link for more details.

Prescription Opiates

Massachusetts Governor Signs Substance Abuse Bill. Gov. Deval Patrick (D) has signed into law Senate Bill 2142, which expands access to drug treatment by requiring insurers to pay for up to 14 days of inpatient care and bars them from requiring prior authorization. The bill also allows the public health commissioner to classify a drug as "dangerous" for up to a year, effectively banning its use in the state, and it creates a commission to come up with substitutes for opiates. And it has new reporting requirements on overdose deaths, infants born exposed to drugs, and for the state's prescription monitoring program. The bill is a response to increases in opiate addiction and overdose deaths in the state. But it contains no provisions explicitly protecting access to opiates for patients suffering from chronic pain.

International

China Executes Two South Korean Drug Traffickers. Two South Korean citizens were executed for drug trafficking in China yesterday. They were killed after being found guilty in Intermediate People's Court in Baishan, Jilin Province of smuggling about 30 pounds of amphetamines. The two men were the first South Koreans executed in China in a decade. Along with Iran, China is one of the world's leading executioners of drug offenders.

Chronicle AM -- June 24, 2014

Your fearless reporter has been traveling, so the schedule is off, but the drug policy news continues. Paul Stanford calls it quits in Oregon, pot shops are coming within days in Washington, an Alabama drug task needs to reconsider its priorities (or maybe the people funding it need to reconsider theirs), and more. Let's get to it:

Coming soon to a store near you -- if you live in Washington state.
Marijuana Policy

Paul Stanford Pulls Plug on Oregon CRRH Initiative. Paul Stanford, the man behind the Campaign for the Restoration and Regulation of Hemp legalization initiatives, announced Friday that had given up the effort to qualify for the November ballot. That leaves the New Approach Oregon initiative, which is well over 100,000 signatures. It needs some 87,000 valid voter signatures to qualify, and the campaign still has another week to get more signers.

Washington State Liquor Control Board Says First Marijuana Retail Stores Will Open July 8. The board, which is charge of legal marijuana commerce, said it will issue the first licenses July 7, but that the licensees would have to spend that first day getting their product into their store tracking programs.

Medical Marijuana

Rhode Island Legislature Amends Medical Marijuana Law. The legislature has amended the state's medical marijuana law to require national criminal background checks on all caregiver applicants and the mandatory revocation of the caregiver registry ID cards for those convicted of a felony. The bill, House Bill 7610, won final approval by the Senate last Friday. It also allows landlords not to lease to cardholders who want to grow and imposes weight, plant, and seedling limits on growing co-ops.

Collateral Consequences

Missouri Governor Signs Bill to End Food Stamp Ban for Drug Felons -- With Conditions. Gov. Jay Nixon signed into a law a bill that would allow people with drug felonies to obtain food stamps, but only if they submit to drug tests and an assessment to see if they need drug treatment, which they must enroll in and complete if they are determined to need it. The bill is Senate Bill 680. The 1996 federal welfare reform law banned drug felons from obtaining food stamps, but allowed states to opt out. By now, more than 30 have.

Opiates

Federal Bill Targeting Heroin, Prescription Opiates Filed. US Sens. Kelly Ayotte (R-NH) and Joe Donnelly (D-IN) have filed legislation that seeks to respond to rising levels of opiate use by creating a "Pain Management Best Practices Inter-Agency Task Force" to develop prescribing practices that aim to ensure "proper pain management for patients, while also preventing prescription opioid abuse." Along with federal agencies such as HHS, Defense, the VA, and the DEA, the task force would include treatment providers, people from pain advocacy groups and pain professional organization, and experts in pain research and addiction research. Pain advocates will be watching carefully. The bill, Senate Bill 2504, would also provide grants to expand prescription drug monitoring programs.

Law Enforcement

Texas to Spend $1.3 Million a Week on "Border Surge" Aimed at Immigrants, Drugs. Using the influx of underage immigrants across the US-Mexican border as a jumping off point, Texas authorities announced last week they plan to spend $30 million this year tightening border security, with a major emphasis on law enforcement and cutting drug flows. Gov. Rick Perry (R) has also asked President Obama to send a thousand National Guard troops, to be joined by hundreds of Texas troopers Perry is deploying to the border. What this will mean on the ground is more troopers patrolling the highways, more surveillance, more undercover operations -- in an area already sinking under the weight of the billions spent beefing up border security since 9/11.

Alabama Drug Task Force Gets Busy With Chump Change Drug Round-Up. The West Alabama Narcotics Task Force based in Tuscaloosa arrested 24 people last Friday in a round-up that "stemmed from multiple ongoing investigations." But they were almost entirely charges like "unlawful sale of marijuana within three miles of a school" ($30,000 bond), "unlawful possession of drug paraphernalia" ($5,000 bond), and "unlawful possession of marijuana" ($15,000 bond). Only five of the charges didn't involve marijuana, and of those, three were for possession of a controlled substance, two were "unlawful sale of cocaine within three miles of a school," and one was for "interfering with government operations."

International

Vietnam Upholds Death Sentences for 29 Drug Smugglers. A Vietnamese appellate court last Thursday upheld the death sentences for 29 people convicted. The court reduced one other death sentence in the case to life in prison. The sentences came in what is Vietnam's largest heroin case ever, with 89 defendants and 1.5 tons of heroin involved.

Bolivia Coca Cultivation Drops to 11-Year Low. Coca cultivation declined 9% in Bolivia last, reaching the lowest level since 2002, according to the annual Bolivian coca survey conducted by the UN Office on Drugs and Crime (UNODC). This is the third straight decline, in line with the Bolivian government's commitment to reduce production to 50,000 acres by 2015. The 2013 crop was about 55,000 acres.

British Medical Association to Debate Legalizing Marijuana. Britain's largest doctors' organization will debate a motion calling on it to legalize marijuana as its Annual Representatives Meeting continues this week after a weekend hiatus. "The current law isn't working and only by adopting a different approach can we regulate, educate and exert a level of quality control," the motion says. "Cannabis use should be treated primarily as a health issue, not a criminal justice issue."

Chronicle AM -- June 19, 2014

We can watch the marijuana policy landscape shift before our eyes, with legalization initiatives and decrim measures popping up around the country and even Oklahoma Republicans arguing over legalization. There is also action on the opiate front, the Senate will vote on defunding the DEA's war on medical marijuana in states where it is legal, and more. Let's get to it:

US Senator Cory Booker (D-NJ) cosponsors an amendment to cut DEA medical marijuana funding. (senate.gov)
Marijuana Policy

House Fails to Add Rider to Block DC Decriminalization Law. The House Financial Services and General Government Appropriations Subcommittee approved a familiar series of social policy riders on the District of Columbia budget, but did not include one that would seek to undo the city's recent adoption of marijuana decriminalization. It's not a done deal yet, however; such a rider could still be added during the legislative process. The subcommittee did approve riders barring the District from funding needle exchanges or medical marijuana programs.

Delaware Decriminalization Bill Heads for House Floor Vote. A bill that would decriminalize the possession of up to an ounce of marijuana and levy a maximum $250 fine passed the House Public Safety Committee today. House Bill 371 now heads for a House floor vote.

Marijuana Policy in the Oklahoma GOP Governor's Race. In next week's GOP primary, sitting Gov. Mary Fallin is up against two longshot opponents who both favor marijuana legalization. Both Chad Moody, also known as "The Drug Lawyer," and Dax Ewbank, a libertarian-leaning Republican, have come out in favor of freeing the weed. But Fallin says that's not on her to-do list: "I just don't see that it provides a substantial benefit to the people of Oklahoma," Fallin said.

Milwaukee Legalization Initiative Signature-Gathering Drive Underway. A coalition of Milwaukee groups have begun a petition drive to place a municipal legalization ordinance on the November ballot. The measure would legalize the possession of up to an ounce. The groups have until July 29 to come up with 30,000 valid voter signatures. People interested in helping out can get more information here.

Philadelphia City Council Votes to Decriminalize Marijuana. The city council today approved a decriminalization measure introduce last month by Councilman Jim Kenney. Up to 30 grams is decriminalized, with a maximum $25 fine. Four years ago this month, the city began treatment small-time possession as a summary offense, with a maximum $200 fine and three-hour class on drug abuse.

Activists Gather Twice the Signatures Needed for York, Maine, Legalization Initiative. Activists supported by the Marijuana Policy Project needed 100 valid voter signatures to present a marijuana legalization petition to the York Board of Selectmen. They handed in 200. Similar petition drives are going on in Lewiston and South Portland, and Portland voters approved a legalization referendum last year. The local efforts are laying the groundwork for a statewide legalization initiative in 2016.

Medical Marijuana

Sens. Rand Paul, Cory Booker Cosponsor DEA Defunding Amendment in Senate; Vote Could Come as Soon as Tonight. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) have cosponsored an amendment to the Justice Department funding bill that would shield medical marijuana patients and providers from the attention of the DEA in states where it is legal. The vote could come as soon as tonight or tomorrow. The House passed such an amendment at the end of last month.

New York Governor, Legislature in Tentative Deal as Session Draws to End. With the legislative ticking down its final hours, Gov. Andrew Cuomo (D) and legislative leaders today announced a deal that would allow passage of a medical marijuana pilot program, but would not allow patients to smoke their medicine.

North Carolina Limited CBD Medical Marijuana Bill Wins House Committee Votes. A bill that would allow some patients to use a high-CBD cannabis oil was approved by the House Health Committee Wednesday and the House Finance Committee today.

Drug Policy

Drug Policy in the Colorado GOP Senatorial Race. Former Colorado Congressman Tom Tancredo, who is running for the state's GOP senatorial nomination, is being attacked as a drug legalizer in a radio ad created by a committee supporting former Sen. Mike Copp. While Tancredo supports marijuana legalization and has in the past spoken of the need to consider drug legalization, he says he is not ready to legalize hard drugs and is demanding that the ads be pulled.

Opiates

Vermont Governor Signs Package of Bills Aimed at Opiate Use. Gov. Peter Shumlin (D) Tuesday signed into law a package of bills and executive orders that will ramp up treatment for opiate addiction, but also increase penalties for bringing more than one gram of heroin into the state. The centerpiece of the legislative package is Senate Bill 295, which will fund pretrial screening and drug treatment for suspects before they are arraigned.

New York Assembly Set to Approve Package of Heroin Bills. Gov. Andrew Cuomo (D) and key lawmakers announced Tuesday night that they had a deal on a package of heroin bills that would raise awareness of the issue and increase insurance coverage of heroin treatment. What isn't clear is whether they agreement also includes a series of Rockefeller drug law-style measure passed by the Republican-dominated Senate that would increase criminal penalties for some heroin offenses.

Harm Reduction

DC Police Chief Orders No Arrests for Overdose Victims. In a recent memorandum, Metropolitan Police Department Chief Cathy Lanier has instructed her police force to observe protections from arrest and charge granted under a DC law designed to encourage residents to seek immediate medical assistance for a person experiencing an overdose. The Good Samaritan Overdose Prevention Amendment Act of 2012 (#A19-564), which was passed by the D.C. Council in 2012 and took effect on March 19, 2013, provides limited legal protection from arrest, charge and prosecution for those who witness or experience a drug overdose and summon medical assistance.

Sentencing

Federal Fair Sentencing Act Picks Up Another Sponsor. And then there were 39. Rep. William Envart (D-IL) has signed on as a cosponsor to the Federal Fair Sentencing Act. That makes 25 Democrats, along with 14 Republicans. It would reduce the use of mandatory minimum sentences and impose retroactivity for crack cocaine sentences handed down before 2010.

International

Britain's Looming Khat Ban Could Create Black Market. A ban on khat is about to go into effect in England, and this report suggests that it could create political tensions in East Africa, as well as creating a black market for the substance in England itself.

Albanian Siege of Marijuana-Producing Village Continues. A police assault on the village of Lazarat that began Monday is still underway as clashes continued between police and armed villagers. Some 800 police are involved in the operation, and they say they have seized or destroyed more than 10 tons of marijuana so far. But that's only a fraction of the 900 tons the village is estimated to produce annually. The town's $6 billion pot crop is equivalent to about half Albania's GDP.

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

Tennessee's Scary New Law Criminalizing Drug-Using Pregnant Women [FEATURE]

When -- despite the objections of medical groups, reproductive health advocates, and even the drug czar's office -- Tennessee Gov. Bill Haslam (R) signed into law Senate Bill 1391 late last month, the Volunteer State became the first in the nation to pass a law criminalizing pregnancy outcomes. Other states, such as Alabama and South Carolina, have used fetal harm laws to charge drug-using pregnant women, but Tennessee is the first to explicitly criminalize drug use during pregnancy.

Passed in the midst of rising concern over prescription drug and heroin abuse and aimed, its proponents said, at protecting babies, the law allows women to be criminally charged with an "assaultive offense for the illegal use of a narcotic drug while pregnant, if her child is born addicted to or harmed by the narcotic drug or for criminal homicide if her child dies as a result of her illegal use of a narcotic drug taken while pregnant."

Felony assault can earn you up to 15 years in prison in Tennessee. And while some prosecutors have said they will only file misdemeanor charges, that's not written into the law.

Proponents cited recent reports that the number of babies being born addicted to drugs is on the rise. Such infants are diagnosed as having Neonatal Abstinence Syndrome, or withdrawal symptoms after being exposed to opiates in the womb.

"Over the past decade, we have seen a nearly ten-fold rise in the incidence of babies born with NAS in Tennessee," the state Department of Health reported. Infants with NAS stay in the hospital longer than other babies and they may have serious medical and social problems."

But the state Health Department notwithstanding, experts in the field say that NAS doesn't actually have long-term effects, it's not accurate to call newborn infants "addicted," and that misrepresenting matters by vilifying pregnant women isn't helpful. In fact, more than 40 of them said so in an open letter last month.

More generally, leading medical groups, including the American Medical Association, the American Nurses Association, the American Academy of Pediatrics, and the American Public Health Association reject the prosecution and punishment of pregnant women who use drugs. The groups mentioned above and many others said so in this 2011 document.

A coalition of medical, public health, women's rights, and social justice groups worked to oppose the bill as it made its way through the legislature, and then to convince Gov. Haslam to kill it. A petition with over 11,000 signatures urging him to veto the bill went to his office late last month. More than two dozen organizations devoted to ensuring families have access to health care likewise urged a veto, as did the American Association of Pediatrics, the National Perinatal Association, and International Doctors for Healthier Drug Policy.

Even acting drug czar Michael Botticelli raised a warning flag.

"Under the Obama administration, we've really tried to reframe drug policy not as a crime but as a public health-related issue, and that our response on the national level is that we not criminalize addiction," he said during a visit to Nashville as the governor pondered. "We want to make sure our response and our national strategy is based on the fact that addiction is a disease. What's important is that we create environments where we're really diminishing the stigma and the barriers, particularly for pregnant women, who often have a lot of shame and guilt about their substance abuse disorders."

But none of that mattered. On April 29, Haslam signed the bill into law.

"In reviewing this bill, I have had extensive conversations with experts including substance abuse, mental health, health and law enforcement officials," Haslam said in a statement. "The intent of this bill is to give law enforcement and district attorneys a tool to address illicit drug use among pregnant women through treatment programs."

"Today, the Tennessee governor has made it a crime to carry a pregnancy to term if you struggle with addiction or substance abuse," Alexa Kolbi-Molinas, staff attorney with the ACLU Reproductive Freedom Project, said in a statement in response to the signing. "This deeply misguided law will force those women who need health care the most into the shadows. Pregnant women with addictions need better access to health care, not jail time."

The statewide coalition Healthy and Free Tennessee also lambasted the new law.

"We are very sorry to see that Governor Haslam let an opportunity to do the right thing slip through his fingers," said Rebecca Terrell, the group's chairwoman."The experts could not have been clearer: this law is bad for babies and bad for Tennessee."

"This law says that women are to be held criminally accountable for the outcomes of their pregnancies," said Farah Diaz-Tello, a staff attorney with National Advocates for Pregnant Women, which was part of the coalition fighting the new law. "It essentially creates a system of separate and unequal rights. Drug ingestion is not a crime in Tennessee, just possession, and now, only pregnant women are criminalized for ingesting. They can be surveilled and punished by the state in ways different from other people. The law also treats fertilized eggs or fetuses as if they were people independent of the pregnant woman," she told the Chronicle.

Gov. Bill Haslam (tn.gov)
"It's the wrong response to the problem of addiction," said Diaz-Tello. "It's a health problem that is not responsive to threats and punishment. What kind of society do we want to be? Do we want to punish the people most in need of help and support? These are women largely living in poverty, women of color, who are already made vulnerable by our social policies, and now we hold them solely responsible without looking at society and what else is going on leading to pregnancy among addicted people and this horrible punitive response."

Even framing the issue as "pregnant women taking drugs" is somewhat misleading, said Diaz-Tello.

"We often make the mistake of thinking of people using drugs during pregnancy as pregnant women who became addicted to drugs when it should be the other way around," she said. "The reasons for addiction are complex and often gender-based. Women who have experienced violence and trauma are often self-medicating, and there is a lot of unresolved pain and trauma out there. And half the pregnancies in our country are unintended, which disproportionately affects women on the margins. It's not like someone wakes up pregnant one day and decides they want to do drugs."

The law will not operate in a vacuum. Tennessee is one of those states that has refused to expand Medicaid and has rejected the Affordable Care Act. It is more difficult for poor women there to get access to health care services, including drug treatment, but now it will be easier to prosecute them.

"This is definitely for the most part going to affect poor, marginalized, predominantly rural women," said Cherisse Scott, founder of SisterReach, a Memphis-based group working for reproductive justice for women and girls in the city and the Mid-South area. "That's because of the many barriers they face. Many rural areas just don't have the facilities to offer help to these women."

Scott also bemoaned the criminalization of pregnant women who use drugs under the law, a process of stigmatization and punishment only made more severe for women lacking resources.

"Low income women, women of color, already have issues navigating the court system, and many don't have any kind of support system," she said. "When their children are taken, they don't have the resources to get them back. And the other piece of this is that jails aren't hospitals or treatment centers. They don't offer women an opportunity to be properly rehabilitated from drug use."

And then there's the aftermath of a criminal conviction.

"If you look at this through the lens of racial and reproductive justice, how does a woman with this on her record bounce back, how does she get a job? With a criminal background, she will be further locked out," said Scott. "These are the kinds of barriers and issues that will ultimately hurt the mothers of Tennessee. We can't support legislation that uses criminalization as a means of rehabilitating people," she told the Chronicle.

"Our lawmakers had good intentions, but they didn't think it through," said Scott. "They seem to be very ready to separate mothers and children as a way of helping, and we don't see it like that, especially when there are rehab programs that keep mother and children together."

The new law is also generating alarm with advocates for people who use opioid maintenance therapy to deal with opiate addictions. Methadone and buprenorphine maintenance are the gold standard for treating pregnant women addicted to narcotics. While state health officials have said they interpret the law to mean that a pregnant woman on methadone maintenance would not be in violation of it, there is no language in it that explicitly says that.

"I asked the governor to veto the bill because that exclusion wasn't made," said Mark Parrino, president of the American Association for the Treatment of Opioid Dependence. "The real question is whether some representative for the attorney general's office or a DA or child protection services interprets it that way. This is a potential problem. When you're talking about child protection, it's not unusual for a judge or child protection worker to say to a pregnant mom 'You can't be on methadone.' I hope this law will not be used as a method of forcing maintained patients out of care."

While babies born to opiate-addicted women can suffer from Neonatal Abstinence Syndrome, or withdrawals, they can be treated for that, mainly by slowly tapering the dose of opiates. But, Parrino said, not all pregnant mothers on methadone maintenance have babies with the syndrome, and consequences for fetuses can be serious if mothers are forced off opiates during their pregnancies.

"What happens to a fetus if you force mom to end her medication?" he asked. "In the first trimester, a sudden decrease can be harmful to the fetus. There could be spontaneous abortion. It's in the literature. That's why laws like this raise concerns in people who have some knowledge about how pregnant women are treated."

Parrino, too, saw race a playing a role, but in an unexpected way.

"What I am seeing for the first time in 30 years is a real interest by elected officials, many US senators and governors and legislators, who can't wrap their heads around why white teens and 20-somethings from middle class families in the suburbs and rural areas are shooting heroin," Parrino observed. "Those elected officials are right to be worried. This legislation in Tennessee is a result of those dynamics."

While the law may have been passed with the best motives, "the problem is the criminalization aspect," said Parrino. "Even if it can be explained as having a reasonably good intention of getting pregnant women not to use drugs and go to treatment, you are unwittingly subverting that goal by saying that being in methadone maintenance might be seen as not complete treatment. That uncertainty is creating anxiety."

The new law is set to go into effect on July 1, but efforts are already underway to block it and, barring that, to mitigate its effects.

"We're still trying to figure out the best plan of action," Scott said. "We want to figure out the best way to support women who are going to be victims of this policy. At the grass roots level, that means education, awareness, getting the word out through rehab centers to let the women know this is coming. Then we have to figure out what is the legal strategy to try to change this law. We're working on it."

"We're thinking about a legal challenge, especially on constitutional grounds," said Diaz-Tello. "We have worked with public defenders in Tennessee and other states on challenging similar laws on constitutional grounds. There's also the possibility of an affirmative suit to get the law enjoined. It would be ideal to stop this law before anyone gets arrested under it."

Barring the successful blocking of the law, drug-addicted pregnant women in Tennessee will face the tender mercies of the criminal justice system. But not all of them, of course.

"Race and class plays a role as always," said Scott. "Poor mothers go to jail; mothers with access to more resources may not be penalized at all. Women who have access to health care and can afford private prenatal care and treatment will get treatment; women who have no alternative but public aid or a public health clinic will be disproportionately impacted as always. Nothing's changed as far as race and class."

TN
United States

London School of Economics Report Calls for New Approaches to Drug Policy

A report from the London School of Economics released Monday night outlines the enormous negative outcomes and collateral damage from the war on drugs and calls for new, evidence-based approaches to drug use and the drug trade.

The report, Ending the Drug Wars: Report of the LSE Expert Group on the Economics of Drug Policy, has chapters authored by leading drug policy experts from around the world and has been signed onto by five Nobel Prize-winning economists, as well as political figures including British Deputy Prime Minister Nick Clegg, Guatemalan Foreign Minister Luis Fernando Carrera Castro, former Polish President Aleksander Kwasniewski, former US Secretary of State George Schultz, and former European Union High Representative for Common Foreign and Security Policy Dr. Javier Solana, among other luminaries.

"It is time to end the 'war on drugs' and massively redirect resources towards effective evidence-based policies underpinned by rigorous economic analysis," the report says forthrightly. "The pursuit of a militarized and enforcement-led global 'war on drugs' strategy has produced enormous negative outcomes and collateral damage. These include mass incarceration in the US, highly repressive policies in Asia, vast corruption and political destabilization in Afghanistan and West Africa, immense violence in Latin America, an HIV epidemic in Russia, an acute global shortage of pain medication and the propagation of systematic human rights abuses around the world."

The stark prohibitionist approach to drug control has been a flop even by its own measures, the report found.

"The strategy has failed based on its own terms," it noted. "Evidence shows that drug prices have been declining while purity has been increasing. This has been despite drastic increases in global enforcement spending. Continuing to spend vast resources on punitive enforcement-led policies, generally at the expense of proven public health policies, can no longer be justified."

The report chided the United Nations for its continued adherence to such failed policies and urged it to accept experimentation while emphasizing public health and human rights.

"The United Nations has for too long tried to enforce a repressive, 'one-size-fits-all' approach," the report concluded. "It must now take the lead in advocating a new cooperative international framework based on the fundamental acceptance that different policies will work for different countries and regions. This new global drug strategy should be based on principles of public health, harm reduction, illicit market impact reduction, expanded access to essential medicines, minimization of problematic consumption, rigorously monitored regulatory experimentation and an unwavering commitment to principles of human rights."

"The drug war's failure has been recognized by public health professionals, security experts, human rights authorities and now some of the world's most respected economists," said John Collins, coordinator of LSE IDEAS International Drug Policy Project. "Leaders need to recognize that toeing the line on current drug control strategies comes with extraordinary human and financial costs to their citizens and economies."

"Repressive drug laws cost governments billions of dollars and result in horrible epidemics of infectious diseases and serious human rights abuses," said Dr. Kasia Malinowska-Sempruch, the director of the Open Society Global Drug Policy Program, which hosted a launch event for the report at the LSE Monday night. "We know the terrible costs of failed strategies and what can be gained from smarter approaches."

More fuel for the fire as an increasingly broad-based global movement for drug reform takes aim at the UN and its 2016 General Assembly Special Session (UNGASS) on Drugs.

London
United Kingdom

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