Connecticut legislators prepare to take up marijuana legalization, Wisconsin legislators look set to pass a CBD bill this year, Indiana's new governor will ease up on needle exchange restrictions, and more.
[image:1 align:right caption:true]Marijuana Policy
Legalization Bills Filed in Connecticut. At least three pot legalization bills have been filed for the looming session of the state legislature, including one from state Rep. Melissa Ziobron (R-East Hampton) and one from Senate President Pro Tem Martin Looney (D-New Haven). Only Looney's bill yet shows up on the state legislative website. It is Senate Bill 11.
After Key Legislator Waives Objection, Wisconsin Could See CBD Bill Passed. Legislation to allow the use of CBD cannabis oil could pass this year after key opponents last year said they would get out of the way this year. The Assembly passed a CBD bill last year, only to see it derailed in the Senate by opposition from three Senate Republicans, Leah Vukmir, Duey Stroebel, and Mary Lazich. Vukmir now says she will support a CBD bill, Stroebel is staying silent, and Lazich is gone. The bill is expected to be introduced later this month.
Heroin and Prescription Opioids
Wisconsin Governor Calls for Legislative Special Session on Heroin. Gov. Scott Walker (R) said Thursday he will order a special session of the legislature to "fight heroin addiction." He is also calling on state agencies to ramp up their responses to opioid use in the state. "This is a public health crisis, and that's why I'm calling a special session of the Legislature and directing state agencies to ramp up the state's response," Walker said. Opioid overdose deaths have been on the rise in the state for nine straight years. Walker is eyeing a package of bills that include expanding access to naloxone, Good Samaritan 911 protections for reporting overdoses, a civil commitment procedure for addicts, and requiring codeine-containing cough syrups to be prescription-only.
Indiana's Incoming Governor to Ease Pence's Needle Exchange Restrictions. Governor-to-be Eric Holcomb (R) vowed Thursday to roll back restrictions on needle exchanges signed into law by his predecessor, Vice President-elect Mike Pence. Holcomb said local -- not state -- officials should be able to authorize needle exchanges. Holcomb has also created a "drug czar" position within his incoming administration, which will, among other duties, seek increased funding for needle exchanges.
(See our Top Ten Domestic Drug Policy Stories of 2016 feature story too.)
The year that just ended has seen a serious outbreak of bloody violence against drug users and sellers in one country, it has seen drug offenders hung by the hundreds in another, it has seen efforts to fight the spread of drug-related HIV/AIDS falter for lack of funding, and it has seen the tenacity of the prohibitionist apparatus in the halls of the United Nations.
But there was also good news emanating from various corners of the world, including advances in marijuana legalization in Canada, the US, and Europe and the flouting of the proscription against the coca trade in the UN anti-drug treaties. And speaking of treaties, alhough we didn't include it this year because the drug policy implications remain unclear, the fruition of years'-long peace negotiations between Colombia and the leftist rebels of the FARC, which brings an end to the Western hemisphere's longest-running guerrilla war, is certainly worth noting.
Here are the ten most notable international drug policy events of 2016, the good, the bad, and the ugly:
[image:1 align:left caption:true]1. The UN General Assembly Special Session (UNGASS) on Drugs
The global prohibitionist consenus was under growing strain at the UNGASS on Drugs, as civil society pressed the UN bureaucracy and member states for reforms as never before. But changes come at a glacial pace at the level of global diplomacy, and the vision of the UNGASS as a platform for discussing fundamental issues and plotting a new course ran up against the resistance of drug war hard-liners like Russia and China, and the studied indifference of European governments, who preferred that the UN drug policy center of gravity remain at the Commission on Narcotic Drugs in Vienna. And while the US delegation advocated for some good stances, it, too, opposed any meddling with the trio of UN conventions that form the legal backbone of global drug prohibition.
Still, there were some incremental victories. UN agencies submitted their own position papers, many highly progressive, as were the submissions from some countries and international organizations. EU states and others fought hard for language opposing the death penalty for drug offenses, though unsuccessfully. And while the UNGASS Outcome Document avoids most big issues, it puts strong emphasis on treatment and alternatives to incarceration. It acknowledges the importance of human rights and proportionate sentencing. It has support for naloxone (the overdose antidote), medication-assisted treatment (e.g. methadone and buprenorphine), and safe injecting equipment, though avoiding the term "harm reduction" itself. And it calls for addressing obstacles to opioid availability. (Read a detailed report on UNGASS by some of our colleagues here, and read about some of our own work for the UNGASS here.)
2. Global Harm Reduction for AIDS Remains Tragically Underfunded, and Facing Worse. Despite the repeatedly-proven positive impact of harm reduction measures in reducing the spread and prevalence of HIV/AIDS, donors continue to refuse to pony up to pay for such measures. The UNAIDS program estimates that $2.3 billion was needed to fund AIDS-related harm reduction programs last year, but only $160 million was actually invested by donors as most member states cut their aid levels. That's only 7% of the requested funding level. That's after 2015 saw the first drop in support in five years (see pages 21-22) in funding for AIDS efforts in low- and middle-income countries. The world spends an estimated $100 billion a year on fighting drugs, but it can't come up with 2.3% of that figure to fight drug-related AIDS harms. Harm Reduction International has proposed a "10x20" shift of 10% of law enforcement funding toward harm reduction services by 2020 to address the gap.
Harm reduction's global funding challenges are further impacted by the global AIDS-fighting budget, which has taken a hit as the rise in the dollar has reduced the spending power of contributions from donor countries that use other currencies. Even worse, many of the countries currently benefiting from UN harm reduction funding have progressed economically to a point at which they are supposed to begin funding their own programs according to the UN development framework. But that may not be a realistic expectation, especially for the sometimes politically fraught programs needed to address disease transmission related to drug use.
3. America's Most Populous State Legalizes Marijuana, and So Do Several More. You know the global prohibitionist consensus is crumbling when the rot sets in at home, and that's what happened in November's US elections. California, Nevada, Maine, and Massachusetts all voted to legalize marijuana, joining Alaska, Colorado, Oregon, and Washington, which had led the way in 2012 and 2014. Now, some 50 million Americans live in pot-legal states, and that's going to mean increasing pressure on the government in Washington to end federal pot prohibition. It's also an example to the rest of the world.
4. Europe's Prohibitionist Consensus Begins Crumbling Around the Edges. No European nation has legalized marijuana, but signs are increasing that somebody is going to do it soon. If 2016 was any indication, the best candidates may be Italy, where a broadly supported legalization bill got a parliamentary hearing this year before surprise election results upset the country's political apple cart; Germany, where "legalization is in the air" as Berlin moves toward allowing cannabis coffee shops and Dusseldorf moves toward total marijuana legalization; and Denmark, where Copenhagen is trying yet again to legalize weed. In both Denmark and Germany, legalization isn't currently favored by the central governments, while in Italy, everything is in limbo after Europe's populist uprising swept the prime minister out of office. Still, the pressure is mounting in Europe.
[image:2 align:right caption:true]5. The Dutch Are Finally Going to Do Something About the "Back Door Problem." The Dutch have allowed for the sale of marijuana at "coffee shops" since the 1980s, but never made any provision for a legal pot supply for retailers. Now, after 20 years of blocking any effort to decriminalize marijuana production, Prime Minister Mark Rutte's VVD party has had a change of heart. At a party conference in November, the VVD voted to support "smart regulation" of marijuana and "to redesign the entire domain surrounding soft drugs." The full text of the resolution, supported by 81% of party members, reads: "While the sale of cannabis is tolerated at the front door, stock acquisition is now illegal. The VVD wants to end this strange situation and regulate the policy on soft drugs in a smarter way. It's time to redesign the entire domain surrounding soft drugs. This redevelopment can only take place on a national level. Municipalities should stop experiments with cannabis cultivation as soon as possible." The opposition political parties are already in support of solving the long-lived "back door problem."
6. Canada's Move Toward Marijuana Legalization Continues Apace. Justin Trudeau and the Liberals swept the Tories out of power in October 2015 with a platform that included a clear-cut call for marijuana legalization. Movement toward that goal has been slow but steady, with the task force charged with clearing the way calling for wide-ranging legalization in a report report issued in December. The Liberals say they expect to file legalization bills in the parliament this spring, and Canada remains on track to free the weed.
7. Bolivia Ignores UN Drug Treaty, Agrees to Export Coca to Ecuador. Bolivian President Evo Morales, a former coca grower union leader himself, opened the year campaigning to decriminalize the coca trade and closed it without waiting for the UN to act by inking an agreement with Ecuador to export coca there. The agreement would appear to violate the UN Single Convention on Narcotic Drugs, which bans the export of coca leaf because it contains the cocaine alkaloid, but neither Bolivia nor Ecuador seem to care.
[image:3 align:left caption:true]8. Mexico Marks a Decade of Brutal Drug Wars. In December, 2006, then-President Felipe Calderon sent the Mexican army into the state of Michoacan in what he said was a bid to get serious about fighting the drug trade. It didn't work, and in fact, led to the worst prohibition-related violence in the country's history, with an estimated 100,000 + killed and tens of thousands more gone missing. Attention to the cartel wars peaked in 2012, which was a presidential election year in both the US and Mexico, and the level of killing declined after that, but has now risen back to those levels. Calderon's replacement, Enrique Pena Nieto, has publicly deemphasized the drug war, but has not substantially shifted the policy. The arrest of Sinaloa Cartel leader Joaquin "El Chapo" Guzman has weakened his cartel, but that has only led to more violence as new competitors vie for supremacy.
There are signs of hope on the policy front though, if early ones, with medical marijuana being implemented, attitudes toward legalization softening, and the government playing a role in forwarding the international debate on drug policy reform.
9. Iran Has Second Thoughts About the Death Penalty for Drugs. The Islamic Republic is perhaps the world's leading drug executioner, with drug offenders accounting for the vast majority of the more than a thousand people it executed in 2015 (2016 numbers aren't in yet), but there are increasing signs the regime could change course. In November, the parliament agreed to expedite deliberations on a measure that would dramatically limit the number of people facing execution for drugs. Now, the proposal will get top priority in the Legal and Social Affairs Committee before heading before the full parliament. The measure would limit the death penalty to "organized drug lords," "armed trafficking," "repeat offenders," and "bulk drug distributors."
10. The Philippines Wages a Bloody War on Drug Users and Sellers. With the election of former Davao City Mayor Rodrigo Duterte as president, the country descended into a veritable blood-bath, as police and "vigilantes" seemingly competed to see who could kill more people faster. Duterte has brushed off criticism from the US, the UN, and human rights groups, and even insulted his critics, although he did have kind words to say about Donald Trump, who had kind words to say about him. As of year's end, the death toll was around 6,000, with the vigilantes claiming a slight lead over the cops.
Chronicle AM: Asset Forfeiture Actions in Three States, Trump Kratom Petition Needs Signatures, More... (1/5/17)
It's going to cost big bucks to get into the Arkansas medical marijuana growing business, a petition urging Donald Trump not to let the DEA ban kratom seeks signatures, there is asset forfeiture action in three states, and more.
[image:1 align:right caption:true]Medical Marijuana
Arkansas Sets Grower License Fee at $100,000. People who want one of the five commercial medical marijuana cultivation licenses the state is preparing to issue better have deep pockets. The Medical Marijuana Commission has set an annual fee of $100,000 for those licenses. But wait, there's more: That's in addition to a $15,000 application fee, only half of which will be refunded if the application is rejected. And applicants must show proof they have a million dollars in assets or surety bond and $500,000 in cash. One commission member argued for a lower, $15,000 license fee, saying he didn't want some residents to be shut out of the opportunity, but that move didn't fly.
Less Than Three Weeks Remain to Sign Trump Kratom Petition. The American Kratom Association has organized a petition urging President-elect Donald Trump to halt the DEA's effort to criminalize kratom or to reverse any last-minute ban that might occur under the Obama administration. The group has set a target of 25,000 signatures before January 22, but only has 8,000 so far.
Heroin and Prescription Opioids
Ohio Governor Signs Naloxone Expansion Bill. Gov. John Kasich (R) has signed into law Senate Bill 319, which expands access to the anti-overdose drug naloxone to entities such as homeless shelters, halfway houses, schools, and treatment centers that deal with populations at higher risk of overdose. It also offers civil immunity to law enforcement officers who carry and use naloxone.
Kansas Bill Would Undo Police Asset Forfeiture Reporting Requirements. The first bill introduced in the 2017 legislative session, Senate Bill 1, would repeal a state law requiring law enforcement agencies to file annual reports on the money and other assets they seize. The bill is the creation of the Legislative Committee on Post Audit, which filed a report last summer noting that few police agencies comply with the reporting requirements, so the committee's solution was to kill the requirement. The bill is not yet available on the legislative website. The session starts next week.
Michigan Bill Would Reform Civil Asset Forfeiture. State Rep. Peter Lucido (R-Macomb County) has introduced House Bill 4629, which would reform the state's forfeiture laws by killing a provision that requires property owners whose property is seized to pay 10% of what police feel it is worth within 20 days to get the property back. Lucido said that the next step is getting rid of civil asset forfeiture. The bill is not yet available on the legislative website.
Ohio Governor Signs Civil Asset Forfeiture Reform Bill. Gov. John Kasich (R) has signed into House Bill 347, which limits civil asset forfeiture proceedings to cases involving at least $15,000 in cash and requires a criminal conviction or at least a criminal charge be filed in most cases before forfeiture proceedings can begin.
This article was produced in collaboration with AlterNet and first appeared here.
California's agricultural bounty is fabled, from the endless olive and almond groves of the Central Valley to the world-class grapes of the Napa Valley to the winter vegetables of the Imperial Valley to the garlic fields of Gilroy, and beyond. But the biggest item in California's agricultural cornucopia is cannabis.
[image:1 align:right]According to report last week from the Orange County Register, California's marijuana crop is not only the most valuable agricultural product in the nation's number one agricultural producer state, it totally blows away the competition.
Using cash farm receipt data from the state Department of Food and Agriculture for ag crops and its own estimate of in-state pot production (see discussion below), the Register pegs the value of California's marijuana crop at more than the top five leading agricultural commodities combined.
Here's how it breaks down, in billions of dollars:
- Marijuana -- $23.3
- Milk -- $6.28
- Almonds -- $5.33
- Grapes -- $4.95
- Cattle, calves -- $3.39
- Lettuce -- $2.25
That estimate of $23.3 billion for the pot crop is humongous, and it's nearly three times what the industry investors the Arcview Group estimated the size of the state's legal market would be in the near post-legalization era. So, how did the Register come up with it, and what could explain it?
The newspaper extrapolated from seizures of pot plants, which have averaged more than two million a year in the state for the past five years, and, citing the UN Office on Drugs and Crime, used the common heuristic that seizures account for only 10% to 20% of drugs produced. That led it to an estimate of 13.2 million plants grown in the state in 2015 (with 2.6 million destroyed), based on the high-end 20% figure.
It then assumed that each plant would produce one pound of pot at a market price of $1,765 a pound. Outdoor plans can produce much more than a pound, but indoor plants may only produce a few ounces, so the one-pound average figure is safely conservative.
The $1,765 per pound farm gate price is probably optimistic, though, especially for outdoor grown marijuana, which fetches a lower price than indoor, and especially for large producers moving multi-dozen or hundred pound loads.
[image:2 align:left caption:true]And maybe law enforcement in California is damned good at sniffing out pot crops and seizes a higher proportion of the crop than the rule of thumb would suggest. Still, even if the cops seized 40% of the crop and farmers only got $1,000 a pound, the crop would still be valued at $8 billion and still be at the top of the farm revenue heap.
And it would still exceed the estimate of what the state's legal marijuana market would look like -- in 2020. Arcview estimated revenues of $6.5 billion by then under legalization. For 2015, the year the Register is looking at, Arcview pegged the state's legal (medical) market at $2.8 billion.
Even making conservative assumptions about the value of the pot crop, it's clear that California pot producers are growing billions of dollars' worth of marijuana that is not accounted for by the state's legal market. Where does it all go? Ask any of those state troopers perched like vultures along the interstate highways heading back east.
That's a phenomenon that's not going to stop when California's legal marijuana market goes into full effect. It's not going to stop until people in states like Illinois and Florida and New York can grow their own. In the meantime, California pot growers are willing to take the risk if it brings the green.