Chronicle AM: CA MJ Taxes Could Generate $1 Billion/Year, CVS Expands Narcan Program, More... (5/25/16)
There's a pot of gold waiting in California, a Republican congressman comes out of the closet on his medical marijuana use, CVS is expanding expanded access to naloxone to seven more states, and more.
[image:1 align:right caption:true]Marijuana Policy
California Legislative Analyst's Office Says Legalization Could Generate $1 Billion a Year in Taxes and Fees. In a report presented to state lawmakers, the Legislative Analyst's Office said the figure was a mid-range estimate. "Our best estimate is that the state and local governments could eventually collect net additional revenues that could range from the high hundreds of millions of dollars to over $1 billion annually," analyst Aaron Edwards told lawmakers. The analysts cautioned that legalization could also incur some costs, with likely increased marijuana use requiring additional money to be spent on drug treatment.
New Hampshire Legislature Balks at Decriminalization. The Granite State will remain the only one in New England that has not embraced decriminalization. House and Senate negotiators have agreed on a version of Senate Bill 498 that would lower the penalty for possessing small amounts of pot, but still leave it a criminal offense. The bill does lower the fine from $500 to $350, but possession remains a misdemeanor criminal offense. The House had voted twice in favor of decriminalization this year, but the Senate wouldn't go for it.
GOP Congressman Steps Out of the Closet on Medical Marijuana Use. Long-time medical marijuana supporter Rep. Dana Rohrabacher (R-CA) has told marijuana reformers lobbying on Capitol Hill that he uses medical marijuana for arthritis pain. "I went to one of those hemp fests in San Bernardino," he explained, adding that a vendor showed him a topical preparation he could rub on his sore shoulder. "And you know what? I tried it about two weeks ago, and it's the first time in a year-and-a-half that I've had a decent night's sleep, because the arthritis pain was gone."
Heroin and Prescription Opioids
Senate Bill Would Tax Prescription Opioids to Fund Drug Treatment Facilities. Sen. Joe Manchin (D-WV) Tuesday introduced the Budgeting for Opioid Addiction Treatment (BOAT) Act, which would impose a one-penny fee for each milligram of opioid prescription drugs. That fee would generate $1.5-2 billion annually, Manchin said. The bill has not yet been assigned a number.
CVS Health to Expand Naloxone Access to Seven More States. CVS Health, the massive pharmacy chain, announced Wednesday that it will increase access to the opioid overdose reversal drug naloxone (Narcan) in the states of Colorado, Florida, Idaho, Louisiana, New Mexico, Oregon, and Washington this summer. CVS has already increased access to naloxone in 23 other states. The CVS program establishes a standing order with a physician in the state, allowing pharmacists to dispense naloxone to patients without an individual prescription.
911 "Bad" Samaritan Law Goes to Ohio Governor's Desk. The state Senate Tuesday approved House Bill 110, which was originally designed to save lives, but has been amended to the point where advocates say it will actually make people less likely to seek emergency help for overdoses. The amended bill limits the number of times people can seek overdose help to the first two times they call and it requires medical providers to give patient information to law enforcement. The bill also requires people to get mandatory treatment screening within 30 days or face arrest. Harm reduction advocates are calling on Gov. John Kasich (R) to veto the bill.
Chronicle AM: Shocking Forfeiture Poll, Oakland Racial Balance in MJ Industry Bill, More... (5/18/16)
Organized opposition is trying to emerge in California, legalization in Oregon is creating jobs and payrolls, Oakland attempts to redress racial imbalance in the legal marijuana business but catches some flak, and more.
[image:1 align:left caption:true]Marijuana Policy
California Dems Tied to Law Enforcement Oppose Legalization Initiative. A pair of state Democratic lawmakers with "deep law enforcement ties" have come out in opposition to the Adult Use of Marijuana Act (AUMA) legalization initiative. Assemblyman Jim Cooper (D-Elk Grove), a former Sacramento County sheriff's official who regularly warns against drug liberalization, and Sen. Cathleen Gagliani (D-Stockton), "the Democratic senator most aligned with law enforcement," have joined with Republican colleagues to oppose the measure. The initiative is favored by many Democratic elected officials, including Lt. Gov. Gavin Newsom.
Oregon Legalization Creates Jobs, Payrolls. Retail cannabis employees will be paid nearly $46 million this year, and that number is set to increase in the future, according to a new report from local marijuana industry consulting firms. Legalization has also created at least 2,165 jobs, with more to come, the report said.
Oakland Passes Marijuana Ordinance Designed to Encourage Minority Participation. The city council Tuesday unanimously approved a medical marijuana ordinance with an "equity program" that would reserve half of the city's new cannabis permits for people who live in a designated high-crime police beat in East Oakland or were imprisoned for marijuana-related crimes in Oakland in the past 10 years. But the plan is coming under fire from industry leaders who say it may actually be counterproductive to encouraging minority participation and could undercut a pot economy expected to boom if and when the state legalizes marijuana.
Heroin and Prescription Opioids
New York State Senate Releases Heroin Report. The GOP-dominated body has released a report on heroin and prescription pain pill use that recommends 48 changes to state law and policy, including increased penalties for the sale and possession of opioids. The report also calls for increased prevention, treatment, and harm reduction measures. The report includes a package of bills that were expected to be passed Tuesday night. Stay tuned.
Southern California Poll Finds 10% Report Having Cash or Property Seized Without a Conviction. The survey, conducted by Public Policy Polling, looked at Los Angeles, Riverside, and San Bernardino counties, and also found that 19%o of respondents said they knew someone who had experienced the same. The poll, sponsored by the Drug Policy Alliance, comes as a push is underway to get a civil asset forfeiture reform bill, Senate Bill 443, through the Assembly. The bill passed the Senate last year, but was blocked in the Assembly by law enforcement lobbying. It is still alive, though, and hopes are that it can get through the Assembly this year.
Chronicle AM: MJ Taxes Could Generate Billions, Canada to Allow Prescription Heroin, More... (5/16/16)
A Tax Foundation study finds that legal pot could generate $28 billion a year in tax revenues, CBD cannabis oil isn't enough for Oklahoma medical marijuana activists, Canada will allow prescription heroin, and more.
[image:1 align:left caption:true]Marijuana Policy
Study Finds Legal Marijuana Could Generate Billions a Year in Tax Revenues. A new report from the Tax Foundation estimates that a nationwide "mature marijuana industry" could generate up to $28 billion a year in federal, state, and local tax revenues. That would include $7 billion for the feds, $5.5 billion in business taxes, and $1.5 billion from income and payroll taxes. The report also estimated that a 10% federal surtax could generate $5.3 billion a year.
Veterans, DC Activists to Rally at White House on May 20. Organizers with the Weed For Warriors Project and the DC Cannabis Campaign are planning to rally in front of the White House to call on the Obama administration to end federal marijuana prohibition. The date, May 20, marks the 124th anniversary of the birth of arch-prohibitionist and proto-drug warrior Harry Anslinger, head of the Federal Bureau of Narcotics for three decades in the mid-20th Century.
Montana Medical Marijuana Supporters Appeal to US Supreme Court. The Montana Cannabis Industry Association last Thursday filed a petition with the US Supreme Court seeking to reverse a state Supreme Court decision that guts the state's once-thriving medical marijuana industry. Petitioners argue that the state Supreme Court mistakenly held that marijuana is universally illegal under federal law and point to the Obama administration's decisions to allow states to implement their own marijuana laws.
Oklahoma Governor Signs CBD Cannabis Oil Bill. Gov. Mary Fallin (R) has signed into law a CBD cannabis oil expansion bill. Last year, the state approved the use of the oil, but only for people under 18. This bill removes that age restriction.
Oklahoma Medical Marijuana Advocates Begin Initiative Signature Gathering Campaign. CBD cannabis oil isn't enough for Oklahomans for Health, which began gathering signatures over the weekend for a full-blown medical marijuana initiative. The group has 90 days to gather 66,000 valid voter signatures to get the measure on the November ballot.
Heroin and Prescription Opioids
Congress Passes Comprehensive Addiction and Recovery Act. Both houses of Congress have approved the measure, Senate Bill 524 and HR 953, which now goes to President Obama. The bill would expand the availability of naloxone, increase prescription drug monitoring programs, increase jail- and prison-based drug treatment, and bar the Education Department from asking about drug convictions on federal student loan application forms, among other provisions. The bill does not include extra funding to pay for its measures.
Obama Administration Calls on Congress to Fund $1.1 Billion for Opioid Effort. Last Thursday, as Congress was passing the Comprehensive Addiction and Recovery Act, the Obama administration noted that Congress didn't allocate money to pay for it and called on Congress to come up with $1.1 billion in additional spending to do so.
Canada to Allow Prescription Heroin. Health Canada announced Friday that it is proposing new regulations to allow access to prescription heroin under its Special Access Program (SAP). That program allows for emergency access to drugs for serious or life-threatening conditions when conventional treatments have failed or are unsuitable. "A significant body of scientific evidence supports the medical use of diacetylmorphine, also known as pharmaceutical-grade heroin, for the treatment of chronic, relapsing opioid dependence. Diacetylmorphine is permitted in a number of other jurisdictions, such as Germany, the Netherlands, Denmark, and Switzerland, to support a small percentage of patients who have not responded to other treatment options, such as methadone and buprenorphine," the statement said.
Macedonia Will Have Medical Marijuana by Month's End. Health Minister Nikola Todorov said Saturday that medical marijuana products will be in pharmacies across the country by the end of the month. The country had earlier amended its Law on the Control of Drugs and Psychotropic Substances to allow the move.
This article was produced in collaboration with AlterNet and first appeared here.
Health Canada announced Friday that it is proposing new regulations to allow access to prescription heroin under its Special Access Program (SAP). That program allows for emergency access to drugs for serious or life-threatening conditions when conventional treatments have failed or are unsuitable.
[image:1 align:left caption:true]"A significant body of scientific evidence supports the medical use of diacetylmorphine, also known as pharmaceutical-grade heroin, for the treatment of chronic, relapsing opioid dependence. Diacetylmorphine is permitted in a number of other jurisdictions, such as Germany, the Netherlands, Denmark, and Switzerland, to support a small percentage of patients who have not responded to other treatment options, such as methadone and buprenorphine," the statement said.
The move is yet another reversal of hardline Conservative drug policies by the Liberal government headed by Prime Minister Justin Trudeau, which was elected last fall. The Trudeau government has pivoted sharply away from Conservative positions in favor of mandatory minimum drug sentences and against marijuana legalization, and now is moving to undo Conservative efforts to block the limited use of prescription heroin.
Canadian scientists had laid the groundwork for prescription with the North American Opiate Medication Initiative (NAOMI), which first tested "heroin-assisted maintenance" in Vancouver a dozen years ago, and which was followed by the Study to Assess Long-Term Opioid Maintenance Effectiveness (SALOME) between 2005 and 2008. SALOME examined whether giving hard-core heroin users heroin was more effective than giving them methadone.
SALOME showed that the users in the study were more likely to stay in treatment, reduce other illegal drug use, engage in fewer other illegal activities and have better physical and mental health outcomes if given heroin than if given methadone. But when that study ended in 2008, researchers were faced with the ethical dilemma of cutting off the patients whose lives were being improved by prescription heroin.
The doctors began applying for, and receiving, permission under the Special Access Program, and Health Canada approved those applications in 2013. But that infuriated the Conservatives, and then-Health Minister Rona Ambrose introduced new regulations to bar doctors from prescribing "dangerous drugs" such as heroin, cocaine, and LSD.
Former SALOME participants launched a constitutional challenge to the ban and in 2014 won a temporary injunction giving them the right to continue to receive prescription heroin while the case was being decided. Now, with Health Canada's move, the federal government will no longer attempt to block prescription heroin.
That was good news for the Pivot Legal Society, which argued the case for continuing the prescriptions, and for Providence Health Care, in whose Crosstown Clinic in Vancouver's Downtown Lower East Side the heroin was administered.
"Allowing access to diacetylmorphine, or medical heroin, to patients who need it, ensures that life-saving treatments get delivered to vulnerable people suffering from chronic opioid use," the two groups said in a joint statement.
Canada is leading the way on cutting edge responses to heroin addiction in North America. In addition to the groundbreaking NAOMI and SALOME studies, which cannot be replicated in the US under current law and regulations, Canada has also had safe injection sites operating in Vancouver for more than a decade. We still don't have any of those in the US.
Lots of Maine news today, Alaska could see "pot cafes," a New Hampshire asset forfeiture bill gets gutted under police pressure, and more.
[image:1 align:right caption:true]Marijuana Policy
Alaska Marijuana Draft Regulations Include Pot Cafes. Alaska could become the first legalization state to actually allow social marijuana smoking in designated businesses. The state's Marijuana Control Board has crafted draft regs that would allow users to toke up inside retail stores. The draft regs are now awaiting public comment. While "public" marijuana use is banned, the regs create an exemption for retail stores to seek an "onsite consumption endorsement" to their licenses. Stores with that endorsement could then set aside an area for people to consume marijuana.
California GOP Opposes AUMA Legalization Initiative. The state Republican Party voted at its convention over the weekend to oppose the Adult Use of Marijuana Act (AUMA) marijuana legalization initiative. "We must not turn this plague loose on our children and the people of California," said Sen. Jim Nielsen (R-Gerber, who also called marijuana an "entry-level" drug that leads to addiction. California Democrats have endorsed the initiative.
It's Official: Maine Will Vote on Legalization in November The final obstacle to a popular vote was removed last Friday, when state legislators punted on their chance to act on the citizen legalization initiative, opting instead to send the question to the voters instead. Earlier, the Campaign to Regulate Marijuana Like Alcohol, which organized the state's legalization initiative had to go to the courts to force recalcitrant state officials to properly count all the signatures, and they did so.
Vermont House Takes Up Marijuana Legalization Today. The House is considering legalization today, albeit in a roundabout fashion. One House committee rejected the legalization measure, Senate Bill 241, while another amended it to legalize possession and personal cultivation, but not regulated, legal marijuana commerce. The Senate responded by pasting SB 241 into another bill, House Bill 858, which the House is considering today. Stay tuned!
Alabama Passes CBD Medical Marijuana Bill. Both houses of the legislature have now approved "Leni's Law," which would allow people with seizure disorders or other debilitating medical conditions to use CBD cannabis oil to treat their ailments. Gov. Robert Bentley (R) is expected to sign the bill into law.
Connecticut Medical Marijuana Expansion Bill Passes Legislature. A bill that would allow children with certain debilitating medical conditions to use medical marijuana has passed out of the legislature after a final Senate vote last Friday. Gov. Dannel Malloy (D) is expected to sign House Bill 5450 into law.
New Hampshire's First Dispensary Opens. The Sanctuary Alternative Treatment Center opened in Plymouth last Saturday. It's the first dispensary in the state to open for business. It only took nearly three years after the state's medical marijuana law was approved for this to happen.
New Hampshire Asset Forfeiture Bill Scaled Back Under Police Pressure. The state Senate last Thursday stripped a provision from an asset forfeiture reform bill that would have directed funds seized by police to the state's general fund rather than to the agency that seized them. The move came after police chiefs said not letting them keep the goodies would "handcuff" them.
Oklahoma Governor Signs Asset Forfeiture Reform Bill. Gov. Mary Fallin (R) last Thursday signed into law a bill that will allow people whose property is subject to asset forfeiture to recover attorney fees when they challenge the seizures. The new law goes into effect November 1.
Maine Decriminalizes Drug Possession, Moves to Adopt Pre-Arrest Diversion Program. Last Thursday, a bill that would make simple drug possession a misdemeanor instead of a felony passed into law without the signature of Tea Party Gov. Paul LePage. The bill, LD 1554, decriminalizes the possession of up to 200 milligrams of heroin. Earlier this month, the legislature also approved a bill that would fund Law Enforcement Assisted Diversion (LEAD) programs, which have proven successful in Seattle and other cities.
Maine Legislature Overrides Governor's Veto of Overdose Reversal Drug Bill. The legislature voted last Friday to override gubernatorial vetoes of LD 1457 and LD 1552, which would allow access to naloxone without a prescription and provide public funding for needle exchange, respectively. Gov. Paul Le Page had claimed "naloxone does not save lives, it merely extends them until the next overdose" and complained that the $70 cost would not be repaid.
Canada Supreme Court Throws Out Mandatory Minimums for Drug Traffickers. In a decision last Friday, the high court ruled mandatory minimums for repeat drug offenders are unconstitutional. The case is R. v. Lloyd.
The United Nations General Assembly Special Session (UNGASS) on Drugs is set for UN Headquarters in Manhattan next week, and civil society and some European and Latin American countries are hoping to make limited progress in moving toward more evidence- and public health-based drug policies. But, knowing the glacial pace of change at the UN and well aware of how little of substance is likely to emerge from the UNGASS, some eyes are already turning to the post-UNGASS international arena.
[image:1 align:left caption:true]Hopes for more forward movement at the UNGASS, always tentative and facing opposition from global drug war hardliners such as Russia, China, and Singapore, were effectively dashed at the run-up meeting of the Commission on Narcotic Drugs (CND) meeting last month in Vienna, whose outcome document was described as "quite awful" by leading Canadian drug policy expert Donald MacPherson.
The outcomes document includes some minor progressive movement, but does not challenge the trio of treaties that form the legal backbone of global drug prohibition, while its embrace of "flexibility" emboldens regressive, repressive measures (the death penalty for drug offenses, forced "treatment," criminalization of drug users) in hard line countries, despite being helpful for progressive reforms around the edges of the treaties' prohibition.
MacPherson was one of a handful of international drug policy experts and elected officials who took part in a teleconference last week organized by StoptheDrugWar.org (publisher of this newsletter), a US-based group that has been deeply involved in civil society organizing around the UNGASS. He wasn't the only one looking beyond 2016.
Mexican Senator Laura Angelica Rojas Hernández, chair of the Senate Committee on Foreign Affairs and International Organizations, called this year's UNGASS poses "a step" toward examining the objectives of the 2009 Political Declaration and Action Plan on drugs, which will be reviewed in 2019. While the CND outcomes document had good language around the need for embracing multiple approaches, such as public health, human rights, gender, and prevention, it also includes serious shortcomings, she said.
[image:2 align:right caption:true]"There is a lack of recognition of the relative efficacy of demand reduction and harm reduction policies and the absence of an acknowledgement of the high costs that the prohibitionist and punitive approaches have generated," the senator said.
Mexican senators know all too well the high costs of drug prohibition. For the past decade, the country has been battered by brutal prohibition-related violence that has left at least 100,000 dead, tens of thousands more "disappeared," a legacy of human rights abuses by soldiers and police fighting the cartels, and the legitimacy of the state severely weakened.
"The international community should continue to work toward the establishment of indicators that could help measure the impact of drug policies on people's lives and their rights," Rojas said, suggesting this could still happen at the UNGASS.
But she was also looking down the road.
"Something that should be placed on the table in 2019 is a thorough review of the three conventions on drug control that acknowledges the highly detrimental effects of the current approaches," she said. "And we should be more honest about the so-called flexibility of implementation offered by these treaties and acknowledge that there should be a wider range of action for countries to define their own drug policies, taking into consideration their national and cultural context."
[image:3 align:left caption:true]Both Rojas and Canada's MacPherson called for some sort of expert mechanism to guide policymakers eyeing the 2019 meeting.
"Organizations and even some governments are beginning to call for a mechanism post-UNGASS to get real with the modernizing of the treaties," MacPherson said, reflecting frustration with the UNGASS process and prospects. "It's really important that UN member states speak strongly for the need for that mechanism, whether it's an expert committee or some other sort of group. And it needs to happen now -- the next three years are critical coming up to 2019. We really do need to have that process in place to [counter] the kind of intransigence of other countries that use the consensus-based model to hold progress ransom."
"The international community should examine the possibility of establishing an analysis mechanism as a working group of experts, for example, with a mandate to formulate recommendations aimed at the modernization of the international system of drugs for the 2019 review process," Rojas added. "And from a longer-term perspective, we need to see the creation of a special office within the UN Human Rights Council, to follow up and monitor the respect of human rights in the context of the enforcement of the drug policies."
The UNGASS hasn't even gotten here yet, and interested observers are already looking past it. Welcome to politics at the United Nations where most things happen at a snail's pace. The global drug prohibition consensus may be crumbling, but it is crumbling very slowly at the level of international conventions and institutions. The work continues.
[A follow-up story on prospects for marijuana legalization in Canada and Mexico will highlight remarks during the teleconference by Canadian Member of Parliament Nathaniel Erskine-Smith, Aram Barra of Mexico United Against Crime, and StoptheDrugWar.org executive director David Borden.]