Asset Forfeiture (STDW)
An organic foods group says allowing kratom would be "dangerous," the Drug Policy Alliance comes out with a plan for heroin and prescription opioids, Iowa shuts down its asset forfeiture unit, and more.
[image:1 align:left caption:true]Marijuana Policy
Virginia Marijuana Arrests Plummet. Marijuana arrests have dropped 14% in the state over the past two years, the largest decline this century, and they appear headed for further declines this year. Changes in prosecutorial priorities appear to be behind the fall, with some prosecutors saying they need to husband their resources for felony prosecutions.
Heroin and Prescription Opioids
Drug Policy Alliance Releases Public Health and Safety Plan to Address Problematic Opioid Use and Overdose. The Drug Policy Alliance, the nation's leading proponent of drug policy reform, is releasing a plan to address increasing rates of opioid use and overdose (now the leading cause of accidental death in the United States). The plan marks a radical departure from the punitive responses that characterize much of US drug policy and instead focuses on scientifically proven harm reduction and public health interventions that can improve treatment outcomes and reduce the negative consequences of opioid misuse, such as transmission of infectious diseases and overdose. The plan has 20 specific recommendations, including establishing safe injection sites, moving ahead with prescription heroin (heroin-assisted treatment), and embracing Law Enforcement Assisted Diversion (LEAD) to keep people out of the criminal justice system and bring them in contact with social services.
Natural Products Association Says Allowing Kratom Would Be "Dangerous." The largest trade group representing the organic and natural foods industry and dietary supplements makers has commented on the DEA's proposed ban on kratom, saying that "adding kratom to the US food supply could likely be dangerous and lead to serious unintended consequences." Kratom products have not met the strict standards for new items to be marketed to the public or undergone FDA approval, the group said. "Adding an untested and unregulated substance such as kratom to our food supply without the application of longstanding federal rules and guidelines would not only be illegal," said Daniel Fabricant, PhD, NPA's CEO and executive director. "It could likely be dangerous, leading to serious unintended consequences as our nation struggles with the crisis of opioid addiction."
Iowa Disbands State Asset Forfeiture Team, Returns $60,000 Taken From Travelers. Under increasing fire over asset forfeiture practices that saw a thousand seizures a year, the state Attorney General's Office announced Monday that the Department of Public Safety had disbanded its Interstate 80 drug interdiction and forfeiture team. The move came because of increased personnel demands and the need to focus on reducing traffic deaths, the office said, and had nothing to do with the recently announced settlement of a lawsuit brought by a pair of California gamblers who had $100,000 seized after they were stopped and a small amount of marijuana was found. That settlement resulted in the men getting most of their money back.
Justice Department Probing Possible Criminal Charges Over Atlanta DEA Informants. A DEA official told a congressional committee last week that the agency has referred "potential criminal charges" to the Justice Department over an Atlanta DEA supervisor who allegedly was in sexual relationships with two informants, one of whom was paid $212,000 for helping to bust four St. Louis drug traffickers. There are allegations of false documentation of payments to the snitch, who got $2,500 a month for two years, along with two "bonuses" of $55,000 and $80,750. The monthly payments apparently covered the rent for apartment near the DEA supervisor's home in the Atlanta metro area.
New studies suggest psychedelics could help terminal patients deal with their fears, the Ohio legislature prepares to pass asset forfeiture reform, and more.
[image:1 align:left caption:true]Psychedelics
Studies Suggest Magic Mushrooms Could Help Cancer Patients Deal With Fear. A pair of studies published Thursday in the Journal of Psychopharmacology suggest that psilocybin, the psychedelic drug in magic mushrooms, could help terminal cancer patients cope with fear and anxiety around impending death. "The findings are impressive, with good safety data and large effect sizes," says Robin Carharrt-Harris, who studies psychedelic drugs at Imperial College London. "My feeling is that these studies will play a significant role in waking up the scientific and medical mainstream to the therapeutic potential of psychedelics."
Ohio Legislature Poised to Pass Civil Asset Forfeiture Reform, Despite Police and Prosecutors' Opposition. Legislative leaders say they expect to pass a civil asset forfeiture reform bill in the state Senate next week. The measure, House Bill 347, passed the House in the spring, but was delayed in the Senate when a committee approved an amendment to address concerns raised by prosecutors. The bill originally would have eliminated civil asset forfeiture, but now has been softened to allow it if the property owner is dead, the suspect cannot be located, or the owner does not claim the property. It also allows for civil forfeiture post-conviction.
It's World AIDS Day. We Can't End AIDS Until We End the War on Drugs. "Today, December 1, is World AIDS Day," writes the Drug Policy Alliance's Laura Thomas. "In 1989, I was arrested in front of the White House on World AIDS Day, demanding that then-President Bush take action on HIV/AIDS. Among the issues we were demanding action on then, so many years ago, was the availability of sterile syringes for people who inject drugs, so they could stop the transmission of HIV. In the decades since, we have celebrated amazing victories against HIV/AIDS. We now have treatments we could only dream of then. We have pills that will prevent HIV. We have a National HIV/AIDS Strategy. We even have an effective cure for hepatitis C. And we are keeping many, many more people with HIV alive now. And yet, it is syringe access -- needle exchange -- that we have been the slowest to win…" Click on the link for the whole post.
Chronicle AM: No More Small MJ Arrests in Vegas; NM & RI to Consider Legalization, More... (11/17/16)
Marijuana, marijuana, marijuana. The news today is almost all about marijuana, plus an asset forfeiture bill pre-filed in Texas.
[image:1 align:left caption:true]Marijuana
Maine Recount to Proceed. Opponents of the Question 1 legalization initiative, which won by around 4,000 votes (less than 1% of the total votes cast), have handed in petitions seeking a recount. Now, state officials must verify that at least 100 signatures on the petition came from registered voters who voted in the November 8 election. Once that hurdle is passed, the actual recount will begin. The recount will cost Maine taxpayers about $250,000. "With thousands of votes in the margin, the recount is not going to be successful," said Yes on 1 campaign spokesperson Alysia Melnick, "and it's unfortunate the opposition would go against the will of the people and use taxpayer dollars for a recount that will not change the outcome."
New Mexico Democrats Eye Legalization Bills Next Year. Democrats now control the state legislature, and they are vowing to introduce new legalization bills despite the opposition of Republican Gov. Susana Martinez. Rep. Bill McCamley (D-Mesilla Park) has filed a legalization bill the last two years, and says he will do it again next year. "It's not an academic exercise anymore," he said. And Sen. Jerry Ortiz y Pino (D-Albuquerque) also says he will be introducing a constitutional amendment that would take the issue to a popular vote.
Rhode Island Governor Ponders Legalization in Wake of Election Victories. Gov. Gina Raimundo (D) said Tuesday she's ready to more seriously consider legalization after voters in neighboring Massachusetts approved it last week. Democrats control both houses of the legislature, and both House Speaker Thomas Mattiello and Senate Majority Leader Dominick Ruggerio say they are ready to take up legalization bills.
Tennessee Attorney General Says Municipal Decriminalization Measures Not Enforceable. The state's two largest cities, Memphis and Nashville, have both passed decriminalization ordinances this year, but in an opinion issued Wednesday, state Attorney General Herbert Slatery ruled that the measures are unenforceable because there are pre-empted by state laws that continue to make pot possession a criminal offense. "A municipal ordinance that attempts to regulate a field that is regulated by state statute cannot stand if it is contradictory to state law," he wrote.
Las Vegas Prosecutors Announce End to Small-Time Pot Prosecutions. Prosecutors in Clark County, where Las Vegas is located, say they will now quit pursuing charges against people caught with small amounts of marijuana and won't file any new charges for pot possession. Prosecutors in the city of Las Vegas say the same thing. The moves comes in the wake of last week's victory for the Question 2 legalization initiative.
Texas Asset Forfeiture Reform Bill Filed. State Sen. Juan "Chuy" Hinojosa has pre-filed a bill for the session beginning in January that seeks to raise the burden of proof in asset forfeiture proceedings. The measure, Senate Bill 156, would raise the burden of proof from "a preponderance of the evidence" to "clear and convincing evidence."
President Obama Says Federal Pot Prohibition in Question After Tuesday's Vote. Appearing on the Bill Maher Show Friday night, President Obama said federal marijuana prohibition will not "be tenable" if more states vote to legalize the weed on Tuesday. "The good news is is that after this referenda, to some degree it’s gonna call the question, because if in fact it passed in all these states, you now have about a fifth of the country that’s operating under one set of laws, and four-fifths in another," Obama said. "The Justice Department, DEA, FBI, for them to try to straddle and figure out how they’re supposed to enforce laws in some places and not in others — they’re gonna guard against transporting these drugs across state lines, but you’ve got the entire Pacific corridor where this is legal — that is not gonna be tenable," he said.
Maine Legalizers Have Huge Cash Advantage. Supporters of the Question 1 marijuana legalization initiative have raised more than $2.4 million dollars, according to campaign finance reports, while opponents have raised only $201,000. Most of the pro-legalization money has come from the New Approach PAC, the instrument of the heirs of late Progressive Insurance founder and drug reform philanthropist Peter Lewis, while 99% of the anti-legalization money has come courtesy of Project SAM's Kevin Sabet, who now heads the newly formed non-profit Alliance for Healthy Marijuana Policy.
Las Vegas Casino Magnate Sheldon Adelson Again Kicks in Against Nevada Pot Initiative. The Sands Corporation head honcho and prolific funder of anti-drug reform efforts has given more than $1.35 million to the campaign trying to defeat the Question 2 marijuana legalization initiative in recent weeks, according to campaign finance reports. That's on top of $2 million he gave opponents in September. In fact, Adelson is virtually a one-man opposition campaign, having provided 97.4% of all reported opposition campaign contributions. Proponents of Question 2 have raised only $1.2 million.
New Report Calls Marijuana a "Promising Option" for Dealing With Opioid Addiction. A new report from the National Cannabis Industry Association finds that increasing legal access to marijuana can be a potent weapon in the fight against opioid addiction. The report findssignificant progress in reducing addiction and overdose deaths in states that have legalized it.
New Mexico Panel Votes to Allow Medical Marijuana for "Opiate Use Disorder." A state advisory board that makes recommendations to the Health Department on New Mexico’s Medical Cannabis Program voted 5-1 Friday in favor of adding "opiate use disorder" to the list of conditions that qualify. Now, it's up to incoming Health Secretary Lynn Gallagher to accept or deny the recommendation. Such a move could add thousands of new patients to the state's rapidly expanding medical marijuana program.
Montana Supreme Court Affirms Right to Jury Trial in Civil Forfeiture Cases. In a ruling last week, the state high court upheld and strengthened a 2015 law that reformed asset forfeiture procedures. The ruling came in the case of a man whose land was seized after police found 300 marijuana plants on it. The man was convicted of federal drug charges, but not prosecuted by the state. Even though he faced no state charges, the state seized his land. He requested a jury trial, but was denied in lower court, and a judge turned the property over to the state. But the Supreme Court said the 2015 law supplanted older law on which the trial judge based his decision.
Even As Arrests Drop, California Racial Disparities Persist. A new report from the office of Attorney General Kamala Harris finds that arrest rates for all racial groups have dropped in the past decade, but blacks were still much more likely than whites to be arrested on felony charges. When it comes to drugs, black men were six times as likely as whites to be arrested, and black women were nearly three times as likely to be arrested as whites. Latinos, on the other hand, were arrested for drugs at roughly the same rate as whites.