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Chronicle AM: NH House Passes Marijuana Legalization, CO Safe Injection Site Sought, More... (1/9/18)

Tue, 01/09/2018 - 21:27

Attorney General Sessions' announcement last week of a possible renewed war on marijuana continues to reverberate, the New Hampshire House passes a bill to legalize possession and cultivation, but not sales; Colorado lawmakers want a safe injection site as part of their response to the opioid crisis, and more.

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

Colorado GOP Senator, Sessions to Meet This Week. Sen. Cory Gardner (R-CO), who took to the Senate floor last week to denounce Attorney General Sessions' move to end the Obama administration's laissez-faire approach to state-legal marijuana, will meet with Sessions later this week. Neither Gardner's office nor the Justice Department would supply any more details, although it's safe to speculate that marijuana policy will be on the agenda.

Massachusetts US Attorney Will Not Rule Out Going After Marijuana Businesses. US Attorney for Massachusetts Andrew Lelling has said he will not rule out prosecuting businesses involved with marijuana. Lelling suggested supporters of legal marijuana should just get it legalized: "Deciding, in advance, to immunize a certain category of actors from federal prosecution would be to effectively amend the laws Congress has already passed, and that I will not do,"  Lelling said in a statement. "The kind of categorical relief sought by those engaged in state-level marijuana legalization efforts can only come from the legislative process."

New Hampshire House Votes to Legalize Possession and Cultivation But Not Sales. The House voted 183-162 Tuesday morning to approve House Bill 656, which would legalize the possession of up to three-quarters of an ounce of marijuana and allow individuals to grow up to three plants. The vote came after the House amended the bill to remove provisions allowing for legal, taxed, and regulated marijuana sales. The measure now goes to the Senate.

Heroin and Prescription Opioids

Colorado Lawmakers Have Package of Bills to Fight Opioid Crisis, Including Safe Injection Site. A bipartisan committee of lawmakers has crafted a package of six bills aimed at curbing the opioid crisis in the state. One bill would limit initial prescriptions of opioids to just seven days; another would make naloxone available at public schools; another would take $3 million from marijuana tax revenues to fund education for doctors on pain management; but the most controversial would allow for a safe injection site to operate in Denver.

International

Canada's Saskatchewan Will Have Privately Owned Marijuana Stores. The provincial government announced Monday that legal marijuana will be sold by private operators issued marijuana retail licenses by the Saskatchewan Liquor and Gaming Authority. Retail stores will initially be allocated in areas of the province with more than 2,500 people, with some 40 municipalities and Indian reservations on the list. Saskatoon, the province's largest city, will eventually receive more licenses.

Colombia Sends 2,000 Troops to Restive Coca Port Town. More than 2,000 soldiers flew into the Pacific port town of Tumaco Monday to try to tamp down rising violence that has left more than 240 people dead in the past year. Tumaco is the municipality with the most coca cultivation of any in the country and has seen conflict between rival armed groups involved in the coca and cocaine trade, as well as attacks by traffickers on farmers who have participated in the government's coca crop substitution program.

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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: Cocaine

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.

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