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Chronicle AM: Trump Again Proposes Slashing Drug Czar's Office, More... (1/19/18)

Fri, 01/19/2018 - 22:15

Trump once again proposes radically slashing the drug czar's office, senators want answers on federal drug policy appointments (and the lack thereof), Vermont's governor will sign the legal pot bill this weekend, and more.

[image:1 align:right caption:true]Marijuana Policy

House Budget Amendment to Protect State-Legal Marijuana Dies. Rep. Jared Polis (D-CO), coauthor of the McClintock-Polis amendment protecting state-legal marijuana programs, has pulled the amendment from the continuing budget resolution, citing lack of support from the Republican leadership. The amendment would have protected both medical marijuana and adult use marijuana by barring the use of Justice Department funds to go after them.

Trump Administration Reviewing Guidance for Banks Dealing With Legal Marijuana. A top Treasury Department official told Congress Wednesday that the administration is reviewing whether to keep Obama-era guidance providing a route for banks to serve marijuana businesses without getting in trouble with federal regulators. "We are reviewing the guidance in light of the attorney general’s recent decision to revoke a Justice Department memorandum on this issue, Sigal Mandelker, the department’s deputy secretary, said at a Senate hearing in remarks reported by Marijuana Moment.

Vermont Governor Will Sign Legalization Bill This Weekend. Gov. Phil Scott (R) said Thursday he will sign the marijuana legalization bill, House Bill 511, sometime this weekend. The bill legalizes the possession and cultivation of small amounts of marijuana, but not commercial activity. Scott said he will sign the bill without ceremony out of respect for those who oppose the measure. Once he does, Vermont will become the first state to have legalized marijuana through the state legislature.

Medical Marijuana

Utah Congressman Files Federal Medical Marijuana Research Bill. Rep. Rob Bishop (R-UT) filed a House version of a bill aiming at encouraging medical marijuana research on Thursday. Utah Sen. Orrin Hatch (R) filed the Senate version of the Marijuana Effective Drug Study Act, Senate Bill 1803, in the Senate in September.

Pennsylvania's First Dispensary Opens for Business. Keystone Canna Remedies had its grand opening in Bethlehem on Wednesday—but it doesn't actually have any product to sell. The dispensary said it will be doing educational workshops until it gets its first shipments of medical marijuana next month.

Tennessee CBD Medical Marijuana Bill Filed. A pair of Republican lawmakers have filed the Medical Cannabis Only Act, which would legalize the use of cannabis oil products, but not edibles or raw marijuana. The bill is not yet available on the legislative website.

Drug Policy

Trump Administration Again Plans Deep Cuts to Drug Czar's Office. The administration is once again planning to slash the budget of the Office of National Drug Control Policy (ONDCP—the drug czar's office). According to a report in Politico, the plan is to shift ONDCP's two main grant programs, the High Intensity Drug Trafficking Areas grants and the Drug Free Communities grants to the departments of Justice and Health and Human Services, respectively. That would shift ONDCP's budget by about $340 million, or 95%. The move comes as the nation confronts a severe opioid crisis, lending fuel to claims the Trump administration isn't doing enough on the issue.

Senators Call on Trump Administration to Explain Drug Policy Appointments. Driven by revelations that a 24-year-old former campaign worker is playing a key role in the Office of National Drug Control Policy (ONDCP—the drug czar's office), as well as the administration's failure to fill key drug policy positions, a group of senators sent a letter Thursday calling on the administration to provide information on all political appointees serving in drug policy positions. The letter also called on the administration to identify, nominate, and confirm qualified leaders for the drug czar's office and the DEA. "You have claimed that that the opioid epidemic is a top priority for your administration, but the personnel you have staffing these key agencies — and the lack of nominees to head them — is cause for deep concern," the letter said. "This crisis knows no bounds, and we are committed to working across party lines with anyone who is serious about addressing this devastating epidemic."

Categories: Heroin

Chronicle AM: Govs Seek Fed Help for Opioid Crisis, KY GOP Leader Files Legal Pot Bill, More... (1/18/18)

Thu, 01/18/2018 - 21:38

Governors call for more help with the opioid crisis from the federal government, a Kentucky GOP leader files a pot legalization bill, the ACLU of Montana warns an overzealous prosecutor, and more. 

[image:1 align:left caption:true]Marijuana Policy

Congressmen Reintroduce Bill to Protect Marijuana from Civil Asset Forfeiture. Reps. Ted Lieu (D-CA) and Justin Amash (R-MI) reintroduced the Stop Civil Asset Forfeiture Funding for Marijuana Suppression Act on Wednesday. The bill would block seized funds from being used to in the DEA's Domestic Cannabis Eradication/Suppression program. This year's version of the bill is not yet available on the congressional website, but the 2015 version is available here.

Kentucky Republican Leader Files Pot Legalization Bill. State Sen. Dan Seum (R-Fairdale), a member of the Republican leadership team, filed a marijuana legalization bill on Wednesday. The bill would allow people 21 and over to legally use marijuana, and it would also legalize the production and sales of pot. The measure is Senate Bill 80.

New Jersey Legalization Bid Must Overcome Democratic Wavering. Newly seated Democratic Gov. Phil Murphy vowed to legalize marijuana in his first 100 days in office, but he's going to have to whip some Democratic senators into shape first. At least a half dozen Democratic senators say they plan to vote against any legalization bill. The state Senate has 40 seats; the Democrats hold 25 of them. If all six Democrats actually vote no, that means passage would depend on at least two Republicans voting yes. There are two GOP senators, Chris Brown of Atlantic and Dawn Addiego of Burlington, who have said they are leaning toward supporting the bill.

Wisconsin Democratic Gubernatorial Candidate Would Pardon Pot Offenders. A leading contender for the Democratic gubernatorial nomination, former state Democratic Party chairman Matt Flynn, said Wednesday he would pardon all low-level, non-violent marijuana offenders if elected. Flynn has repeatedly called for marijuana legalization in the state.

Medical Marijuana

Georgia Voters Ready for Full-Fledged Medical Marijuana Program, Poll Finds. A new poll from the Atlanta Journal-Constitution finds that more than three-quarters of those surveyed want to see the state's limited medical marijuana program expanded. Some 77% said they want greater access to medical marijuana. The poll comes as the legislature considers a measure, House Bill 645, that would allow for medical marijuana dispensaries. The poll also found that support for recreational marijuana was at an all-time high in the state, with 50% saying legalize it.

Heroin and Prescription Opioids

Governors Call on Trump, Congress to Do More to Solve Opioid Crisis. In its first coordinated response to the opioid crisis, the National Governors Association called Thursday for the administration and Congress to provide more money and coordination to fight against it. "While progress has been made, the consequences of opioid addiction continue reverberating throughout society, devastating families and overwhelming health care providers, law enforcement and social services," the governors said as they released a set of 22 recommendations. Among other suggestions, the governors are calling for increased access to the overdose reversal drug naloxone, increased efforts to block illicit fentanyl shipments into the country, and a requirement that drug prescribers undergo substance abuse training and register to use state prescription monitoring databases.

Law Enforcement

Montana ACLU Vows to Challenge County DA's Crackdown on Pregnant Drug and Alcohol Users. The ACLU of Montana said Wednesday it will fight any action by Big Horn County Attorney Jay Harris to arrest or incarcerate pregnant women based on alleged harm to the fetus. Harris announced last week that he would seek protection orders barring pregnant women from using any non-prescribed drugs or alcohol and seek contempt orders and jail for any woman who violates them. The ACLU called Harris's move "an egregious abuse of power" and noted that a similar effort in Ravalli County in 2014 was killed in the courts. "If these reports are accurate, then Big Horn County's 'crackdown' on pregnant women is not only counterproductive, paternalistic and cruel, it is also illegal. If your office actively attempts to enforce such a policy, ACLU is prepared to challenge those actions in Court," the group said in a letter sent to Harris.

Sentencing

New Jersey Enacts Law to Examine Racial and Ethnic Impact of Sentencing Changes. On his last day in office, former New Jersey Governor Chris Christie signed racial and ethnic impact statement legislation this week that will provide an opportunity for lawmakers to address the state’s high rate of racial disparity in incarceration. Similar to fiscal or environmental impact statements, racial impact statements provide legislators with a statistical analysis of the projected impact of criminal justice policy changes prior to enactment. Armed with the data analysis,  policymakers can make more informed decisions about  public safety issues without aggravating existing racial disparities. Four other states — Connecticut, Iowa, Minnesota, and Oregon — have similar policies.

 (This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays 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.)

Categories: Heroin

From Bloody Drug War to Legal Pot: Ten Global Drug Policy Highlights (and Lowlights) of 2017 [FEATURE]

Thu, 12/28/2017 - 06:06

[image:1 align:left caption:true]1. In the Philippines, Duterte's Bloody Drug War Rages On

Undeterred by international criticism, Filipino President Rodrigo Duterte continued his murderous war on small-time drug users and sellers throughout 2017, with Human Rights Watch estimating that some 12,000 people -- almost all poor -- have been killed since Duterte unleashed the killers in June 2016. Poor neighborhoods have also been subjected to warrantless searches and door-to-door drug testing, and thousands more people have been imprisoned in insalubrious conditions.

2. Indonesia Starts Going Down Duterte's Path

Indonesian President Joko Widodo must have liked what he was seeing one archipelago over because in July, he started sounding like his Filipino counterpart. To fight the country's "narcotic emergency," he said, police should "gun down" foreigners suspected of drug trafficking if they "resist arrest." At year's end, the National Narcotics agency proudly reported it had killed 79 people in drug raids during 2017, and arrested more than half a million, of whom 1,523 were declared rehabilitated after drug treatment. In 2016, Widodo had ordered that a 100,000 people receive drug treatment, but there don't seem to be any resources for that.

3. Norway Moves to Decriminalize All Drug Use

In December, the Norwegian parliament sent a strong signal that it wants to decriminalize drug use and possession. It voted to pursue such a path, directing the government to begin making changes in the laws to reflect that vote. Legislation that would actually enact the changes has yet to be drafted, but Norway is on the way.

[image:2 align:right caption:true]4. Uruguay Legal Marijuana Sales Begin

It took more than three years after the country legalized marijuana before it happened, but it happened this year: Pharmacies began selling marijuana direct to customers in July, making Uruguay the first country in the world to permit the legal production and sale of marijuana.

5. Nevada Becomes 5th US State to Allow Legal Marijuana Sales, More Coming Online Soon

Uruguay may be the first country to legalize marijuana, but now, eight US states and the District of Columbia have done it, and the first four -- Alaska, Colorado, Oregon, and Washington -- all allow recreational marijuana sales. Four states legalized it in November 2016, but only Nevada got legal sales up and running in 2017. But watch out -- a tidal wave is coming: Legal sales begin in California, with its population of nearly 40 million, on January 1. Oh, and Maine and Massachusetts will begin legal sales sometime in 2018, too.

6. Mexico Drug War Mayhem at Record Levels

Eleven years after then-President Felipe Calderon declared war on the drug cartels and sent in the military, things are worse than ever. According to government crime statistics, 2017 was the bloodiest year yet with more than 27,000 murders as splintering drug trafficking organizations fight a multi-sided war among themselves and against the police and military (when the police and military aren't acting on behalf of cartel factions). The year brought other grim milestones as well: More than 200,000 dead, an estimated 30,000 missing, more than 850 clandestine graves uncovered. All to keep Americans well supplied with the drugs we love to hate -- or is it hate to love?

7. Iran Moves to Drastically Reduce Drug Executions

The Islamic Republic has long been one of the world's leading executioners of drug offenders, but that could be about to change. In August, the Iranian parliament approved an amendment that significantly raises the bar for mandatory executions for certain drug offenses. The amendment dramatically increases the quantities of drugs needed to trigger a sentence of death or life in prison and should result in hundreds of people being spared execution each year. But it's not a done deal yet: It still must be approved by the Guardian Council, a body of 12 Islamic jurists, to ensure it complies with the Iranian constitution and their interpretation of sharia law.

[image:3 align:left caption:true]8. US Heightens Afghan Drug War, First Round of Bombing Campaign Kills Dozens

In August, President Trump authorized new rules of engagement for American forces in Afghanistan, allowing them to target the Taliban directly with air strikes. Previously, air strikes had been allowed only in support of Afghan troop operations or to protect US or NATO troops under attack. In November, US military commanders made the first use of that authority by bombing ten Taliban-controlled opium production facilities in Helmand province, leaving a toll of at least 44 dead. The aim is to disrupt Taliban funding, but it looks like there's plenty more work to do: The Pentagon says the Taliban have another 400 to 500 heroin labs. And with bumper opium crops in 2017, they have plenty of work to do, too.

9. Colombia's Bumper Coca Harvests Prompt US Pressure to Resume Aerial Eradication

Colombia just came off a bumper year for coca and cocaine production, but that's largely an artifact of the peace settlement between the FARC and the government, which offered assistance to coca growers wishing to transition to other crops, thus encouraging farmers to grow coca so they could qualify for the program. But such nuances matter little to the Trump administration, which is pressuring the Colombian government to reinstate the aerial fumigation of coca crops with potentially carcinogenic herbicides.

10. In Sanctions-Busting Move, North Korea Ups Meth Production

The regime in Pyongyang has long been accused of resorting to drug trafficking to help finance its oft-sanctioned military activities, and it looks like it's up to it again. In August came reports that state-affiliated companies and universities were "ramping up" the production of methamphetamine as a means of obtaining desperately needed foreign currency. With more sanctions, expect more North Korean meth.

Categories: Heroin

The Good, the Bad, and the Ugly: The Top Ten US Drug Policy Stories of 2017 [FEATURE]

Thu, 12/28/2017 - 05:56

It was the best of times; it was the worst of times. Tens of thousands die of drug overdoses, hundreds of thousands get arrested for drugs, yet marijuana is seeing boom times. As we bid adieu to 2017, here are the year's drug policy highlights:

[image:1 align:right caption:true]1.The Opioid Crisis Deepens, With Overdose Deaths at an All-Time High

The country's opioid crisis showed no signs of abating in 2017, with the Centers for Disease Control estimating 66,000 overdose deaths this year, up from 63,000 in 2016. To be clear, only about two-thirds of fatal drug overdoses are linked to heroin and prescription opioids, but opioid overdoses surged in 2016 by 28%. It's too early for final data on 2017 overdoses, but there is little reason to doubt that opioids were driving the increase this year. The high levels of overdose deaths have led to a fall in US life expectancy for the past two years, only the third time that has happened in the past century. Policy efforts to curtail the problem have sometimes included regressive moves to up drug sentences, and have generally given only limited consideration to the needs many patients have to access these substances. But public health measures like naloxone distribution and "Good Samaritan" non-prosecution policies have also advanced.

2. Fentanyl is Killing More and More People

The powerful synthetic opioid fentanyl and its analogs are implicated in an increasingly large number of opioid overdose deaths. While deaths involving prescription opioids are decreasing, fentanyl-related deaths have increased by an average of 88% a year since 2013. Illicitly imported fentanyl from labs in China or Mexico is mixed with heroin with lethal results: Half of the increase in heroin-related overdose deaths is attributable to heroin cut with fentanyl, the CDC reported in September. There were nearly 20,000 deaths attributable to fentanyl and other illicit opioids in 2016; the 2017 numbers are likely to be even worse.

3. Key Federal Drug Policy Positions Remain Unfilled, and Kellyanne is In Charge

The Trump administration has not nominated anyone to head the DEA, and the agency is currently being led by Acting Administrator Robert Patterson after Chuck Rosenberg, the acting administrator when Trump took office, resigned in September, saying he didn't want to work with the administration any longer. Similarly, the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) is without a permanent head after Trump's nominee, Pennsylvania GOP Rep. Tom Marino went down in flames in October in the wake of reports he steered a bill through Congress that impeded the DEA from going after pharmaceutical drug distributors. Neither the White House nor anyone else seems very interested in filling the position, in part, perhaps, because earlier in the year, Trump floated the notion of cutting ONDCP's budget by nearly 95%. But not to worry: Trump pollster, counselor, and apologist Kellyanne Conway is now leading the administration's fight against opioids -- even though she has no public health experience whatsoever.

[image:2 align:left caption:true]4. Attorney General Sessions Revives the Federal War on Drugs…

Under President Obama, Attorney General Eric Holder presided over a ratcheting down of harsh federal drug prosecutions and sentences, but current Attorney General Jeff Sessions is doing his best to undo those reforms. In May, Sessions announced that he had directed federal prosecutors to seek the most severe penalties possible in drug cases, including mandatory minimum sentences.

5. …But Fails to Implement a War on Weed, So Far

For all the wailing, gnashing of teeth, and dire predictions of a Sessions war on weed, it hasn't happened yet. The attorney general has made no secret of his dislike for the demon weed, but that has yet to translate into any firm policy positions or federal crackdowns on marijuana in states where it is legal, for either medical or recreational use. Congressional action continues to bar the use of Justice Department funds to go after medical marijuana, although the future of that law after January 22nd remains in doubt. But there was no bar on going after state-legal recreational marijuana, yet it didn't happen. Sessions told the House Judiciary Committee in November that the Obama-era Cole memo remains in effect. That memo directs prosecutors to pretty much leave state-legal marijuana alone except for specified concerns, such as the involvement of youth, violence, or diversion. Later in November, Sessions said the Justice Department was still examining the Cole memo, so all is not safe, but today legal marijuana is still standing.

6. Legal Marijuana's $10 Billion Dollar Year

In December, marijuana market watchers Arcview Market Research estimated that retail marijuana sales would hit $10 billion in 2017, up 33% over 2016. But that's just the beginning, Arcview said. With huge recreational markets such as California (pop. 39 million) and Canada (pop. 36 million) coming online next year, the group expects North American sales to top $24.5 billion by 2021. It's hard even for a pot-hating attorney general to get in front of that economic juggernaut.

[image:3 align:right caption:true]7. Pot is More Popular than Ever

Just ask Gallup. The venerable polling firm has been tracking support for marijuana legalization since 1969, when it was at just 12%. In its latest poll, from October, Gallup now has support for marijuana legalization at 64%. What is really impressive is the rapid increase in support in the past 20 years: In 1996, support was at 25%; by 2012, it had doubled to 50%; and it's gained another 14 points in the five years since. Other pollsters are reporting similar current levels of support for marijuana legalization. And this could be another reason the attorney general hesitates to crack down on weed.

8. No State Legalized Weed, But 2018 Should Be Different

After 2016 saw marijuana legalization initiatives win in California, Maine, Massachusetts, and Nevada -- losing only in Arizona, closely -- anticipation was high that 2017 would see more states come aboard. It didn't happen. There are two explanations for this: First, it was an off-off election year and no initiatives were on the ballot, and second, it's hard to move controversial legislation though the state house. Still, the Vermont legislature actually passed a legalization bill, only to see it vetoed by a Republican governor, and that governor now says he is ready to sign a legalization bill. That could happen as early as next month. Likewise, a number of other states saw legalization bills make serious progress, and we could see those efforts come to fruition in places like Connecticut, Delaware, New Jersey, and Rhode Island. And 2018 will most likely see at least one legalization initiative. Activists in Michigan have already handed in signatures and should have enough of a cushion to qualify for the ballot.

9. Safe Injection Sites in the US Draw Ever Nearer

The harm reduction intervention has been proven to save lives, increase public health and public safety, and get hardcore drug users in touch with medical and social service help, and the message is finally on the verge of getting though in the US. At least two major West Coast cities, San Francisco and Seattle, are advancing plans to open such facilities -- although not without staunch opposition -- and, under the progressive leadership of young Mayor Svante Myrick, Ithaca, New York, is making similar plans.

10. The War on Drugs Rolls On

Despite the legalization of medical and/or recreational marijuana in various states, despite various sentencing reforms at the state and federal level, despite the growing recognition that "we can't arrest our way out of this problem," the drug war just keeps on going. The FBI released its annual Uniform Crime Report in November, and while the numbers are from 2016, this year's numbers are unlikely to be any better. More than 600,000 people got arrested for marijuana offenses in 2016, down from a peak of nearly 800,000 in 2007, but still up by 75,000 or 12% over 2015. It's the same story with overall drug arrests: While total drug arrest numbers peaked at just under 1.9 million a year in 2006 and 2007 -- just ahead of the peak in prison population -- and had been trending downward ever since, they bumped up again last year to 1.57 million, a 5.6% increase over 2015.

Categories: Heroin

Four Reasons Black Incarceration Rates Are Going Down, While White Rates Are Going Up [FEATURE]

Thu, 12/28/2017 - 05:13

It's long been a given that tremendous racial disparities plague the nation's criminal justice system. That's still true -- blacks are incarcerated at a rate five times that of whites -- but the racial disparities are decreasing, and there are a number of interesting reasons behind the trend.

[image:1 align:right]That's according to a report released this month by the Marshall Project, a nonprofit news organization that covers the US criminal justice system. Researchers there reviewed annual reports from the federal Bureau of Justice Statistics (BJS) and the FBI's Uniform Crime Reporting system and found that between 2000 and 2015, the incarceration rate for black men dropped by nearly a quarter (24%). During the same period, the white male incarceration rate bumped up slightly, the BJS numbers indicate.

When it comes to women, the numbers are even more striking. While the black female incarceration rate plummeted by nearly 50% in the first 15 years of this century, the white rate jumped by a whopping 53%.

And make no mistake: Racial disparities in incarceration rates haven't gone away. As the NAACP notes, African Americans account for only 12 percent of the US population, but 34 percent of the population in jail or prison or on parole or probation. Similarly, black children account for 32 percent of all children who are arrested and more than 50 percent of children who are charged as adults.

In and of itself, increases in the white incarceration rate isn't a good thing. The world's leaders incarcerator state needs to reduce the number of prisoner it holds, especially for nonviolent, mostly low-level offenses such as drug crimes, not just shift who the people are that it incarcerates. Still, the reduction in disparities is at least an improvement, and has come with some reduction in the numbers of minorities being imprisoned.

When it comes to drugs, the NAACP reports, African Americans use drugs in proportion to their share of the population (12.5 percent), but account for 29 percent of all drug arrests and 33 percent of state drug prisoners. Black people still bear the heaviest burden of drug law enforcement.

Still, that that 5:1 ratio for black vs. white male incarceration rates in 2015, was an 8:1 ratio 15 years earlier. Likewise, that 2:1 ration for black vs. white female incarceration rates was a 6:1 ratio in 2000.

"It's definitely optimistic news," Fordham University law professor and imprisonment trends expert John Pfaff told the Marshall Project. "But the racial disparity remains so vast that it's pretty hard to celebrate. How, exactly, do you talk about 'less horrific?'"

So what the heck is going on? These numbers challenge the standard narrative around mass incarceration, if only partially. It behooves analysts and policymakers alike to try to make sense of the changing complexion of the prison population, but that's no easy task.

"Our inability to explains it suggest how poorly we understand the mechanics behind incarceration in general," Pfaff said.

Still, the Marshall Project wanted some answers, so it did more research and interviewed more prison system experts, and here are four theories, not mutually exclusive, that try to provide them:

Crime Has Been Declining Overall

Arrests for nearly all types of crime rose into the mid-1990s, then declined dramatically, affecting African-Americans more significantly than whites since they were (and are) more likely to be arrested by police in the first place. In the first decade of the new century, arrests of black people for violent offenses dropped 22%; for whites, the decline was 11%. Since those offenses are likely to result in substantial prison sentences, this shift has likely contributed to the changing racial makeup of the prison population.

[image:2 align:left caption:true]Shifting Drug War Demographics

The black vs. white disparity in the prosecution of the war on drugs is notorious, and a central tenet of drug reform advocacy. But even though blacks continue to suffer drug arrests, prosecutions, and imprisonment at a far greater rate than whites, something has been happening: According to BJS statistics, the black incarceration rate for drug offenses fell by 16% between 2000 and 2009; at the same time, the number of whites going to prison for drugs jumped by nearly 27%.

This could be because the drug crises of the day, methamphetamines and heroin and prescription opioid addiction, are mainly white people drug problems. Back in the 1980s and 1990s, the drug crisisdu jour was crack cocaine, and even though crack enjoyed popularity among all races, the war on crack was waged almost entirely in black communities. The war on crack drove black incarceration rates higher then, but now cops have other priorities.

The shift in drug war targeting could also explain the dramatic narrowing of the racial gap among women prisoners, because women prisoners are disproportionately imprisoned for drug crimes.

White People Blues

Declining socioeconomic prospects for white people may also be playing a role. Beginning around 2000, whites started going to prison more often for property offenses, with the rate jumping 21% by 2009. Meanwhile, the black incarceration rate for property crimes dropped 9%.

Analysts suggest that an overall decline in life prospects for white people in recent decades may have led to an increase in criminality among that population, especially for crimes of poverty, such as property crimes. A much discussed study by economists Anne Case and Angus Deaton found that between 1998 and 2013, white Americans were experiencing spikes in rates of mortality, suicide, and alcohol and drug abuse. That's precisely when these racial shifts in imprisonment were happening.

And while blacks also faced tough times, many whites were newer to the experience of poverty, which could explain why drug use rates, property crime, and incarceration rates are all up.

Reform is More Likely in the Cities, Where More Black People Live

Since the beginning of this century, criminal justice reform has begun to put the brakes on the mass incarceration engine, but reforms haven't been uniform. They are much more likely to have occurred in more liberal states and big cities than in conservative, rural areas.

In big cities such as Los Angeles and Brooklyn, new prison admissions have plummeted thanks largely to sentencing and other criminal justice reforms. But in counties with fewer than 100,000 residents, the incarceration rate was going up even as crime went down. In fact, people from rural areas are 50% more likely to be sent to prison than city dwellers.

Even in liberal states, the impact of reforms vary geographically. After New York state repealed its draconian Rockefeller drug laws, the state reduced its prison population more than any other state in the country in the 2000s. But the shrinkage came almost entirely from heavily minority New York City, not the whiter, more rural areas of the state.

People in rural districts are now 50 percent more likely to be sent to prison than are city dwellers, as local prosecutors and judges there have largely avoided the current wave of reform. New York offers an illustrative example. It reduced its incarcerated population more than any other state during the 2000s -- but almost entirely through reductions in the far more diverse New York City, not in the whiter and more sparsely populated areas of the state.

Whatever the reason for the shrinking racial disparities in the prison population, there is a long way to go between here and a racially just criminal justice system. If current trends continue, it would still take decades for the disparities to disappear.

Categories: Heroin

Chronicle AM: NJ, PA Move to Increase Opioid Sentences, Canada Legal Pot Delayed?, More... (12/20/17)

Wed, 12/20/2017 - 21:11

Mid-Atlantic state politicos are moving toward harsher sentences for some opioid offenses, Canada's July 1 marijuana legalization date may get bumped back, California's Humboldt County rejects safe injection sites, and more.

[image:1 align:right caption:true]Harm Reduction

California's Humboldt County Rejects Safe Injection Sites. At its meeting Tuesday, the county board of supervisors voted to send a letter to the sponsor of a state bill that would allow for safe injection sites telling her they weren't interested. The measure, Assembly Bill 186, filed by Assemblywoman Susan Eggman (D-Stockton), would allow certain cities and counties, including Humboldt, to authorize such programs. Some supervisors had moral objections, while others raised cost concerns. Most public commenters at the meeting also opposed the plan.

Heroin and Prescription Opioids

Pennsylvania DAs Want Tougher Fentanyl Laws. The state District Attorneys Association is getting behind a push by Attorney General Josh Shapiro (D) for harsher sentences for fentanyl-related crimes. "Stiffer penalties for fentanyl would go a long way in helping us," Shapiro said during a recent roundtable discussion on drugs. The DAs backed him up a few days later, tweeting that "An increase in sentencing guidelines for #fentanyl will help prevent deaths. PA Sentencing Commission is considering changes."

New Jersey Bill Could Quadruple Prison Sentences for Opioid-Related Offenses. Democratic lawmakers have filed a bill, Assembly Bill 5264, that would dramatically increase sentences for some opioid offenses. Under the bill, the sentence for possessing five grams of heroin would double from a maximum of five years to a maximum of 10 years. People caught possessing 10 grams would see their maximum sentences quadrupled, from five years to 20.

Drug Policy

Acting Chief of Staff at Drug Czar's Office Fired. Lawrence "Chip" Muir, the acting chief of staff and general counsel for the Office of National Drug Control Policy (ONDCP -- the drug czar's office), was suddenly fired Tuesday afternoon. ONDCP has been without a new drug czar since the Trump administration took office, and now it lacks a chief of staff, too. It's not clear why Muir got canned.

International

Canada Not Wedded to July 1 Deadline for Marijuana Legalization. Prime Minister Justin Trudeau seemed to back away from the long-anticipated July 1 rollout date for legal marijuana in an interview Tuesday night. "It won't be July 1," he said, but will happen "next summer." The House of Commons approved legalization legislation last month, but the bill is now being studied by the Senate, which could modify it and possibly delay final adoption.

Indian Government to Craft New Drug Rehab Policy for Addicts. Social Justice and Empowerment Minister Thaawarchand Gehlot told congress Tuesday that the country's 2001 law on rehabilitating drug addicts is under review and that a survey of drug addicts nationwide was underway. An action plan to rehabilitate addicts is now being prepared he said.

Indonesia Officials Threatens "Shoot to Kill" Policy for Drug Dealers Jakarta Deputy Governor Sandiaga Uno has threatened to kill drug dealers who resist arrest. "We are serious [in fighting drugs], we will '810' drug dealers who try to avoid authorities' pursuit," he said, referencing the police code for shooting and killing suspects who try to flee arrest. According to Amnesty International, Indonesian police have killed 80 suspected drug dealers this year, five times the number killed in 2016.

Categories: Heroin

Chronicle AM: CA Licenses First Legal Marijuana Shops, US ODs at Record High, More... (12/15/17)

Fri, 12/15/2017 - 21:42

California starts rolling out recreational marijuana business licenses, Maryland approves more dispensaries, Michigan starts accepting dispensary applications, the Mexican Senate approves a bill letting the military keep playing a policing role, and more.

[image:1 align:left]Marijuana Policy

California Issues First Recreational Marijuana Business Licenses. The state's Bureau of Cannabis Control issued 20 retail marijuana business licenses Thursday, paving the way for consumers to buy legal weed at pot shops as early as January 1. On the list were medical and recreational adult use distributors, retailers, and "microbusinesses." Among first day retail licenses were KindPeoples in Santa Cruz, 530 Cannabis in Shasta Lake, and Torrey Holistics in San Diego.

Denver Arrests 12, Shutters 26 Marijuana Stores in Criminal Investigation. Police in Denver shut down 26 Sweet Leaf marijuana stores Thursday and arrested 12 people in an ongoing criminal investigation related to allegations the shops were selling larger amounts of marijuana than allowed under state law. The shops involved all received orders to close the business, the first time the city has issued an open-ended suspension to a legal pot business. The DEA was not involved.

Medical Marijuana

Maryland Regulators Approve a Dozen More Dispensaries. The state's Medical Cannabis Commission has given the go-ahead for another 12 dispensaries to open their doors. The state currently has 10. Another 60 dispensaries that have received preliminary licenses are still awaiting final approval. The state has more than 10,000 registered patients and existing dispensaries have had a hard time keeping up with demand.

Michigan Starts Accepting Medical Marijuana Applications. The state's Medical Marihuana Licensing Board is now accepting applications for medical marijuana businesses under the new regime approved by the legislature earlier this year. Existing dispensaries will not have to shut down while their licenses are approved, a process that could take three or four months.

Drug Policy

Drug Overdose Deaths Continue to Rise. At least 66,324 people died of drug overdoses during the 12-month period ending in May 2017, up 17 percent from the 56,488 who died between May 2015 and May 2016, according to data released this week by the National Center for Health Statistics. Fentanyl and other synthetics overtook heroin as the leading killer, accounting for some 23,000 deaths compared to heroin's 15,525 and another 14,467 deaths from prescription opioids.

International

Mexico Senate Votes to Keep the Military in Police Role. Despite soaring violence and human rights abuses, the Mexican Senate voted early Friday to approve the "internal security law" even as protestors surrounded the Senate to decry the measure, which they say will militarize the country and harden a failed strategy of using soldiers to fight drug cartels. The bill now returns to the lower house, where passage is expected to be a formality. "We are concerned that the bill gives the armed forces a leadership and coordination role in certain circumstances, rather than limiting their role to aiding and assisting civilian authorities," said a statement issued by the UN high commissioner for human rights. "[It] does this in the absence of solid control mechanisms to ensure that operations are carried out with full respect for human rights." The proposal comes as Mexico suffers its most murderous year on record -- despite having the military involved in the fight against the cartels for the past 11 years.

Categories: Heroin

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

Thu, 12/07/2017 - 03:14

As Drug War Chronicle marks the publication of its 1,000th issue (with yours truly having authored 863 of them going back to 2000), we reflect on what has changed and what hasn't in the past couple of decades. This piece recounts our domestic drug policy evolution in the US; a companion piece looks at the international picture.

[image:1 align:left]A lot has happened. We've broken the back of marijuana prohibition, even if we haven't killed it dead yet; we've seen medical marijuana gain near universal public acceptance, we've seen harm reduction begin to take hold, we've fought long and hard battles for sentencing reform -- and even won some of them.

But it hasn't all been good. Since the Chronicle began life as The Week Online With DRCNet back in 1997, more than 30 million people have been arrested for drugs, with all the deleterious consequences a drug bust can bring, and despite all the advances, the drug war keeps on rolling. There's been serious progress made, but there's plenty of work left to do. 

Here are the biggest big picture drug stories and trends of the past 20 years:

1. Medical Marijuana

It was November, 1996, when California became the first state to legalize medical marijuana, five years after San Francisco became the first city in the country to pass a medical marijuana measure, thanks in large part to the efforts of activists who mobilized to make its use possible for AIDS patients. Two years later, Alaska, Oregon, and Washington came on board, and three years after that, Hawaii became the first state to allow it though the legislative process. Now, 29 states, the District of Columbia, Guam, and Puerto Rico allow for the use of medical marijuana, and public support for medical marijuana reaches stratospheric levels in polls.

But the battle isn't over. The federal government still refuses to officially recognize medical marijuana, potentially endangering the progress made so far, especially under the current administration, efforts to reschedule marijuana to reflect its medical uses remain thwarted, some of the more recent states to legalize medical marijuana have become perversely more restrictive, and in some of the more conservative states, lawmakers attempt to appease demands for medical marijuana legalization by passing extremely limited CBD-only laws.

2. Marijuana Legalization: In the War on Weed, Weed is Winning

Twenty years ago, pot wasn't legal anywhere, and Gallup had public support for legalization at a measly 25%. A lot has changed since then. It took repeated tries, but beginning in 2012, states started voting to free the weed, with Colorado and Washington leading the way, Alaska and DC coming on board in 2014, and California, Maine, Massachusetts, and Nevada joining the ranks last year. Now, about a fifth of the country has legalized weed, with more states lining up to do so next year, including most likely contenders Delaware, Michigan, New Jersey, and Vermont.

Now, Gallup has support for legalization at 64% nationwide, with even a slight majority (51%) of Republicans on board. The only demographic group still opposed to pot legalization is seniors, and they will be leaving the scene soon enough. Again, the battle is by no means over. Marijuana remains illegal under federal law, and congressional efforts to change that have gone nowhere so far. But it seems like marijuana has won the cultural war, and the rest is just cleaning up what's left of the pot prohibition mess.

3. Marijuana, Inc.: The Rise of an Industry

State-legal marijuana is already a $10 billion dollar a year industry, and that's before California goes on line next month. It's gone from outlaws and hippie farmers in the redwoods to sharp-eyed business hustlers, circling venture capitalists, would-be monopolists, and assorted hangers on, from accountants, lawyers, and publicists to security and systems mavens, market analysts, and the ever-expanding industry press.

These people all have direct pecuniary interests in legal marijuana, and, thanks to profits from the golden weed, the means to protect them. Marijuana money is starting to flow into political campaigns and marijuana business interests organize to make sure they will continue to be able to profit from pot.

Having a legal industry with the wherewithal to throw its weight around a bit is generally -- but not entirely -- a good thing. To the degree that the marijuana industry is able to act like a normal industry, it will act like a normal industry, and that means sometimes the interests of industry sectors may diverge from the interests of marijuana consumers. The industry or some parts of it may complain, for instance, of the regulatory burden of contaminant testing, while consumers have an interest in knowing the pot they smoke isn't poisoned.

And getting rich off weed is a long way from the justice-based demand that people not be harassed, arrested, and imprisoned for using it. Cannabis as capitalist commodity loses some of that outlaw cachet, some ineffable sense of hipster cool. But, hey, you're not going to jail for it anymore (at least in those legal states).

4. The Power of the People: The Key Role of the Initiative Process

The initiative and referendum process, which lets activists bypass state legislatures and put issues to a direct popular vote, has been criticized as anti-democratic because it allows special interests to use an apathetic public to advance their interests, as both car insurers and tobacco companies have attempted in California. It also gets criticized for writing laws without legislative input.

But like any political tool, it can be used for good or ill, and when it comes to drug reform, it has been absolutely critical. When legislatures refuse to lead -- or even follow -- as has been the case with many aspects of drug policy, the initiative process becomes the only effective recourse for making the political change we want. It was through the initiative process that California and other early states approved medical marijuana; it was five years later that Hawaii became the first state where the legislature acted. Similarly with recreational marijuana legalization, every state that has legalized it so far has done it through the initiative process; in no state has it yet made its way through the legislature, although we're hoping that will change next year.

And it's not just marijuana. The initiative process has also been used successfully to pass sentencing reforms in California, and now activists are opening the next frontier, with initiatives being bruited in California and Oregon that would legalize psychedelic mushrooms.

The bad news: Only 24 states have the initiative process. The good news: The ones that do lead the way, setting an example for the others.

[image:2 align:right caption:true]5. The Glaring Centrality of Race

It took Michelle Alexander's 2010 publication of The New Jim Crow: Mass Incarceration in the Age of Colorblindness to put a fine point on it, but the centrality of race in the prosecution of the war on drugs has been painfully evident since at least the crack hysteria of the 1980s, if not going back even further to the Nixonian law-and-order demagoguery of the late 1960s and early 1970s.

We've heard the numbers often enough: Blacks make up about 13% of the population and about 13% of drug users, but 29% of all drug arrests and 35% of those doing state prison time for drugs. And this racial disparity in drug law enforcement doesn't seem to be going away.

Neither is the horrendous impact racially-biased drug law enforcement has on communities of color. Each father or mother behind bars leaves a family exploded and usually impoverished, and each heavy-handed police action leaves a bitter aftertaste.

The drug war conveyor belt, feeding an endless number of black men and women into the half-life of prison, is clearly a key part of a system of racially oppressive policing that has led to eruptions from Ferguson to Baltimore. If we are going to begin to try to fix race relations in this country, the war on drugs is one of the key battlefronts. Thanks in part to Alexander's bestseller, civil rights organizations from the traditional to newer movements like Black Lives Matter have devoted increasing focus to criminal justice, including drug policy reform.

6. Harm Reduction Takes Hold

We don't think teenagers should be having sex, but we know they're going to, anyway, so we make condoms available to them so they won't get pregnant or STDs. That's harm reduction. So is providing clean needles to injection drug users to avoid the spread of disease, making opioid overdose drugs like naloxone widely available so a dosing error doesn't turn fatal, passing 911 Good Samaritan laws to encourage and OD victims' friends to call for help instead of run away, and providing a clean, well-lit place where drug users can shoot or smoke or snort their drugs under medical supervision and with access to social service referrals.

Two decades ago, the only harm reduction work going on was a handful of pioneering needle exchanges, thanks to folks like Dave Purchase at the North American Syringe Exchange Network (founded in 1988), and early activists faced harassment and persecution from local authorities. But it was the creation of the Harm Reduction Coalition in 1993 that really began to put the movement on the map.

In this century, harm reduction practices have gained ground steadily. Now, 33 states and DC allow needle exchange programs to operate, 40 states and DC have some form of 911 Good Samaritan laws, and every state in the county has now modified its laws to allow greater access to naloxone.

The next frontier for American drug war harm reduction is safe injection sites, and on the far horizon, opiate-assisted maintenance. There is not yet a single officially sanctioned operating safe injection in the country, but we are coming close in cities such as Seattle and San Francisco. And let's not forget drug decriminalization as a form of harm reduction. It should be the first step, but that's not the world we live in -- yet.

7. Sentencing Fever Breaks

Beginning in the Reagan years and continuing for decades, the number of prisoners in America rose sharply and steadily, driven in large part by the war on drugs. The phenomenon gained America infamy as the world's biggest jailer, whether in raw numbers or per capita.

But by early in the century, the fever had broken. After gradually slowing rates of increases for several years, the number of state and federal prisoners peaked around 2007 and 2008 at just over 1.6 million. At the end of 2015, the last year for which data is available, the number of prisoners was 1.527 million, down 2% from the previous year. And even the federal prison system, which had continued to increase in size, saw a 14% decline in population that year.

But most drug war prisoners are state prisoners, and that's where sentencing reform have really begun to make a difference. States from California to Minnesota to Texas, among others, enacted a variety of measures to cut the prison population, in some cases because of more enlightened attitudes, but in other cases because it just cost too damned much money for fiscal conservatives.

Current US Attorney General Jeff Sessions would like very much to reverse this trend and is in a position to do some damage, for instance, by instructing federal prosecutors to pursue tough sentences and mandatory minimums in drug cases. But he is hampered by federal sentencing reforms passed in the Obama era. Sessions may be able to bump up the number of people behind bars only slightly; the greater danger is that his policies serve as an inspiration for similarly inclined conservatives in the states to try to roll back reforms there.

8. The Rise (and Fall) of the Opioids

In 1996, Purdue Pharma introduced Oxycontin to the market. The powerful new pain reliever was pitched to doctors as not highly addictive by a high pressure company sales force and became a tremendous market success, generating billions for the Sackler family, the owners of the company. Opioid prescriptions became more common.

For many patients, that was a good thing. Purdue Pharma's marketing push coincided with a push by chronic pain advocates -- patients, doctors and others -- to ease prescribing restrictions that had kept many patients in feasibly treatable pain. And which in many cases still do: A 2011 report by the Institute of Medicine found that while "opioid prescriptions for chronic noncancer pain [in the US] have increased sharply . . . [tlwenty-nine percent of primary care physicians and 16 percent of pain specialists report they prescribe opioids less often than they think appropriate because of concerns about regulatory repercussions." As the report noted, having more opioid prescriptions doesn't necessarily mean that "patients who really need opioids [are] able to get them."

While it's popular to blame doctors and Big Pharma for getting a bunch of pain patients addicted to opioids, that explanation is a bit too facile. Many of the people strung out today were never patients, but instead obtained their pain pills on the black market. Through a perverse system of incentives, people on Medicaid could obtain the pills by prescription for next to nothing, then resell them for $40 or $60 apiece to people who wanted them. Some pain management practices were on the cutting edge of relieving pain for patients who needed the help. But others were little more than shady pill mills, popping up in places like Ohio, Kentucky, and Florida -- places that would become the epicenter of an opioid epidemic within a few years.

When the inevitable crackdowns on pain pill prescribing came, legitimate prescribers of course got caught in the crossfire sometimes, especially those who served the poor or the patients who in the worst chronic pain. Their being targeted, or others reining in their prescribing practices, left many patients in the lurch again. And the closure of pill mills left addicted people in the lurch. But there was plenty of heroin to make up for the missing pills the addicted used to take. Mexican farmers have been happy to grow opium poppies for the American market for decades, and Mexican drug trafficking organizations know how to get it to market.

The whole thing has been worsened by the arrival of fentanyl, a synthetic opioid dozens of times stronger than pure heroin, which seems to be coming mostly from rogue Chinese pharmaceutical labs (although the Mexicans appear to be getting in on the act now, too).

And now we have a drug overdose crisis like the country has never seen before, with around 60,000 people estimated to die from overdoses this year, most of them from opioids (by themselves or in combination with alcohol and/or other drugs). The crisis is inspiring both admirable harm reduction efforts and an execrable turn to harsher punishments, while making things harder again for many pain patients. While many argue that the gentle side of the response to this epidemic is because the victims are mainly white, I would suggest that argument pays short shrift to all the years of hard work advocates and activists of all ethnicities have put in to creating more enlightened drug policies.

9. Policing for Profit: The Never Ending Fight to Rein in Asset Forfeiture

Twenty years ago, pressure was mounting in Washington over abuses of the federal civil asset forfeiture program, just as it is now. Back then, passage of the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 marked an important early victory in the fight to rein in what has tartly described as "policing for profit." It was shepherded though the house by then Judiciary Committee Chairman Rep. Henry Hyde, an Illinois Republican.

How times have changed. Now, with federal agents seizing billions of dollars each year though civil forfeiture proceedings and scandalous abuse after scandalous abuse pumping up the pressure for federal reform, the Republican attorney general is calling for more asset forfeiture. And Jeff Sessions isn't just calling for it; he has undone late Obama administration reforms aimed at reining in one of the sleaziest aspects of federal forfeiture, the Equitable Sharing program, although he is having problems getting Congress to go along.

In the years since CAFRA, a number of states have passed similar laws restricting civil asset forfeiture and directing that seized funds go into the general fund or other designated funds, such as education, but state and local police have been able to evade those laws via Equitable Sharing. Under that program, instead of seizing money under state law, they instead turn it over to the federal government, which then returns 80% of it to the law enforcement agency -- not the general fund and not the schools.

This current setup, with its perverse incentives for police to evade state laws and pursue cash over crime, makes asset forfeiture reform a continuing battlefield at both the state and the federal levels. A number of reform bills are alive in the Congress, and year by year, more and more states pass laws limiting civil asset forfeiture or, even better, eliminating it and requiring a criminal conviction before forfeiture can proceed. Fourteen states have now done that, with the most recent being Connecticut, New Mexico and Nebraska. That leaves 36 to go.

10. Despite Everything, the Drug War Grinds On

We have seen tremendous progress in drug policy in the past 20 years, from the advent of the age of legal marijuana to the breaking of sentencing fever to the spread of harm reduction and the kinder, gentler treatment of the current wave of opioid users, but still, the drug war grinds on.

Pot may be legal in eight states, but that means it isn't in 42 others, and more than 600,000 people got arrested for it last year -- down from a peak of nearly 800,000 in 2007, but still up by 75,000 or 12% over 2015.

It's the same story with overall drug arrests: While total drug arrest numbers peaked at just under 1.9 million a year in 2006 and 2007 -- just ahead of the peak in prison population -- and had been trending downward ever since, they bumped up again last year to 1.57 million, a 5.6% increase over 2015.

There are more options for treatment or diversion out of jail or prison, but people are still getting arrested. Sentencing reforms mean some people won't do as much time as they did in the past, but people are still getting arrested. And the drug war industrial complex, with all its institutional inertia and self-interest, rolls on. If we want to actually end the drug war, we're going to have to stop arresting people for drugs. That would be a real paradigm shift.

Categories: Heroin