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Mexico’s President Proposes Drug Decriminalization With Legal Supply Via Prescription

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The president of Mexico called the ongoing prohibition of drugs “unsustainable” and proposed a broad decriminalization policy as part of his administration’s “National Development Plan” that was released last week.

President Andrés Manuel López Obrador and members of his administration have often talked about removing criminal penalties for certain drug offenses and diverting people suffering from addiction into treatment programs. And that’s exactly what he proposed in the new plan, which was submitted to the nation’s Congress and is expected to inform future legislation.

“In the matter of narcotic drugs, the prohibitionist strategy is already unsustainable, not only because of the violence generated by its poor results in terms of public health,” the administration said, according to a translated version. “In most of the countries in which it has been applied, that strategy has not been translated into a reduction of consumption.”

“Worse still, the prohibitionist model inevitably criminalizes consumers and reduces their odds of social reintegration and rehabilitation,” the proposal states. “The ‘war against drugs’ has escalated the public health problem represented by substances currently banned until it becomes a crisis of public security.”

The document says it is time to “renounce the claim” that addiction can be combated through prohibition and to instead “offer detoxification treatments” to people with addiction “under medical supervision,” and calls for money that’s currently used to enforce anti-drug laws to be used instead to fund treatment programs.

“The only real possibility of reducing the levels of drug consumption resides in lifting the prohibition of [those] that are currently illegal,” the document states.

It also suggests providing consumers with a “supply of doses with prescription,” indicating some form of legal distribution of currently prohibited drugs.

The unambiguous endorsement of a harm reduction approach approach to drug policy is significant, and if translated into legislation, would set Mexico far apart from its U.S. neighbor, which continues to lock up large numbers of people for nonviolent drug offenses and has resisted programs like safe consumption sites.

However, the administration noted that it would discuss the plans in a “negotiated manner” with the U.S. government and the United Nations, which maintains treaties prohibiting member states from implementing certain drug reform policies.

In the interest of public safety, Mexico must “end the war against drugs” and adopt a “prevention and treatment strategy” in dealing with drug addiction, the government said.

The development plan also argues that it is important to create “sustainable economic alternatives” for people whose livelihoods are based on the currently illegal drug market.

As El Heraldo de Mexico noted, López Obrador’s National Regeneration Movement controls both of the legislature’s chambers, and so it’s conceivable that lawmakers could follow up with bills to make the president’s proposals a reality in the coming year.

Zara Snapp, with the Instituto RIA and the coalition #RegulacionPorLaPaz, told Marijuana Moment that the president’s proposal is “generally positive” but that advocates have some concerns about language that seems to pathologize people who use drugs as necessarily requiring treatment, which is not the case for most consumers.

Meanwhile, though marijuana would in all likelihood be included in López Obrador’s expansive decriminalization proposal, the administration has also separately advocated for the legalization and regulation of cannabis. Prior to becoming the country’s interior minister, Olga Sanchez Cordero introduced legalization legislation as a senator, and her bill remains under consideration in the Congress.

Following a Mexican Supreme Court ruling that deemed the prohibition of marijuana possession and consumption for personal use unconstitutional, the government was given an October deadline to amend federal laws accordingly.

Julio Ramón Menchaca Salazar, head of the Senate Justice Committee, said that the chamber would “take advantage” of the summer recess session to get a final legalization bill together.

Snapp said that the issue of regulating poppy, from which heroin and other opiates are derived, is also increasingly “on the radar of folks in government.”

New Zealand Government To Unveil Marijuana Legalization Plan

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

White House Drug Officials Say Legal Marijuana Is Up To States

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Two top federal drug officials, including the White House drug czar, recently said that marijuana legalization should be left up to states.

The comments stand out coming from the Office of National Drug Control Policy (ONDCP), which has historically played a central role in defending blanket federal prohibition.

Jim Carroll, the Trump-appointed drug czar who directs the administration’s drug policies, told Fox 59 reporter Kayla Sullivan that he considers legalization a states’ right issue. He added that he’d like to see targeted education campaigns concerning cannabis use during pregnancy and underage usage as well as research into impaired driving.

It’s a particularly notable position given that federal law stipulates that the drug czar is required to “take such actions as necessary to oppose any attempt to legalize the use of a substance” listed as Schedule I under the Controlled Substances Act, including marijuana.

Even if Carroll’s remarks arguably don’t directly violate that statute, they are significant in that he doesn’t seem to have taken the opportunity to proactively oppose state legalization efforts when asked by a reporter.

Anne Hazlett, senior advisor at ONDCP, also weighed in on cannabis legalization on Wednesday, telling CentralIllinoisProud.com that marijuana legalization is “a state decision.”

“Marijuana is an ongoing challenge that is being addressed in many of our states,” she said. “This is a state decision, and we would like to see additional research done so that these decisions being made at a state level are being made in a manor that is fully informed.”

Though the comments from Carroll and Hazlett seem to reflect an evolving understanding of the federal government’s role in imposing prohibition on the states, the ONDCP director has previously made clear he’s not enthusiastic about the burgeoning legal market.

During a House Committee on Oversight and Reform hearing in May, Carroll raised concerns about THC potency in marijuana products, saying “the marijuana we have today is nothing like what it was when I was a kid, when I was in high school.”

“Back then the THC, the ingredient in marijuana that makes you high, was in the teens in terms of the percentage,” he said. “Now what we’re seeing is twice that, three times that, in the plant.”

He also said that more research is needed and that the Drug Enforcement Administration as well as the Department of Health and Human Services are “working hard to make sure that we understand the impact of legalization of marijuana on the body.”

Federally Funded Journal Exposes How Marijuana Prohibition Puts Consumers At Risk

Photo courtesy of Philip Steffan.

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New Industry-Backed Marijuana Legalization Measure Filed In Florida

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Another measure to legalize marijuana has been filed in Florida—and this one is being spearheaded by a major industry stakeholder, the multi-state dispensary chain MedMen.

Make It Legal Florida—a political committee that was registered earlier this month and is chaired by Nick Hansen, MedMen’s director of government affairs in the Southeastern U.S —filed the 2020 ballot initiative on August 6.

The campaign shared language of the measure, which isn’t yet available on the Florida Department of State elections division site, with Marijuana Moment.

“Make it Legal Florida is proud to present a ballot initiative that will legalize the safe, adult use of marijuana,” Hansen said via email. “Public opinion is on our side, and the time to act is now. Florida voters on every side of the aisle overwhelmingly support this initiative and at Make it Legal Florida, we are committed to ensuring Floridians have a chance to have their voices heard.”

The proposed constitutional amendment would legalize the possession, use, transportation and retail sale of up to 2.5 ounces of cannabis for adults 21 and older. Medical marijuana dispensaries in the state would be permitted to sell marijuana to adults. The initiative doesn’t mention a licensing system to establish separate recreational shops, though the legislature will likely enact more detailed regulations consistent with the constitutional amendment’s text should it pass.

It also requires cannabis products to be “clearly labeled and in childproof packaging” and prohibits advertisements that are targeted at those under 21.

There’s also no mention of a home cultivation option, which is something that many advocates regard as a necessary civil liberties component but that some industry players have resisted or actively opposed.

A medical cannabis industry association based in New York faced backlash from advocates earlier this year after it was reported that it sent a document to Gov. Andrew Cuomo (D) recommending that the state prevent consumers from growing their own marijuana at home. MedMen was among the companies listed as members of the association at the time, though a representative later told Marijuana Moment that the business supports giving adults the right to grow their own cannabis.

The new Florida language is “currently being reviewed by the Florida Division of Elections to ensure the petition is in the proper form and we are awaiting their approval, per the usual process,” a spokesperson told Marijuana Moment.

It’s not clear to what extent MedMen will be funding or running the campaign, but the cannabis company appears to be taking a more active role in legalization efforts this election cycle.

In Arizona, an adult-use legalization measure filed at the beginning of the month is also reportedly being backed by MedMen, as well as other existing medical cannabis companies in the state.

Make it Legal Florida will be competing against at least one other campaign that’s working to legalize cannabis in Florida. Sensible Florida, another advocacy group, announced last month that it had collected enough signatures to prompt a state Supreme Court review of the ballot language. It’s collected about 80,000 signatures so far.

To qualify for the ballot, the campaigns will have to gather a total of 766,200 valid signatures. If an effort clears that hurdle, passing a constitutional amendment requires 60 percent support from voters.

“Floridians are ready to legalize marijuana,” Ben Pollara, a political consultant who worked on 2014 and 2016 medical cannabis measures in the state, the latter of which was enacted, told Marijuana Moment. “If this measure makes it on the ballot in 2020, it is almost certain to pass.”

Personal injury attorney John Morgan, who bankrolled the state’s previous medical cannabis initiatives but only recently expressed interest in contributing to this recreational push, told The Miami Herald that Sensible Florida’s challenge will be raising millions of dollars to push their measure forward, whereas Hansen’s operation is well supported by the industry.

“Last time I did, I was the lone trombone player marching down the street,” he said of his role in medical marijuana legalization. “This will be the University of Miami marching band with trumpets and tubas and snare drums. I’ll just be one trombone player, marching with them.”

Read the full text of Make It Legal Florida’s marijuana proposal below: 

Florida marijuana legalizat… by Marijuana Moment on Scribd

Arizona Marijuana Legalization Initiative Takes First Step Toward 2020 Ballot

Photo courtesy of WeedPornDaily.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Defense Department Official Stresses CBD Ban For Military Members

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A Department of Defense (DOD) official is reiterating that military service members are barred from using CBD products despite the legalization of hemp and its derivatives under the 2018 Farm Bill.

Patricia Deuster, director of the Human Performance Laboratory at the federal government-run Uniformed Services University of the Health Sciences, said in a call with reporters this week that the non-intoxicating compound is “completely forbidden for use by any service member in any of the services at this point of time.”

While CBD products are widely available—in grocery stores, gas stations and online—the lack of regulations for these items from the Food and Drug Administration (FDA) creates uncertainty about levels of THC in the preparations. And military members who test positive for THC can be punished with an other-than-honorable discharge and the potential loss of other benefits.

“It’s a real conundrum, and it’s going to be a major issue for the military because it is available [nearly everywhere],” Deuster said, according to Military.com, which first reported her remarks. “You go into any store, and you can find gummy bears with a supplement fact panel on it.”

Though the Tuesday press call simply provided clarity on existing military CBD policy, it represents the latest example of DOD interest in preventing the use of cannabis among service members.

The Navy released a notice earlier this month stipulating that “all hemp and CBD products are strictly prohibited for use by Sailors” no matter the legal status. And the Coast Guard said its members aren’t even allowed to visit marijuana shops or use online or delivery cannabis services, according to an order released last month.

That order didn’t specify policy around hemp-derived CBD, but a Coast Guard official told Mililtary.com that if members “have a desire to use a product that may or may not fall into the definition of what’s prohibited, they should seek guidance or use caution.”

Last year, the Air Force wrote in a post that “consumption [of marijuana] is not permitted in any fashion, period.” It emphasized the need to take caution as more states legalize, with one risk factor being your “friend’s grandma’s miracle sticky buns” that “might look mighty tasty and get rave reviews at the big shindig,” but could contain THC.

In a memo released in April, the Air Force said that “Airmen are advised against using CBD products” and could face disciplinary action if they use CBD that isn’t the FDA-approved drug Epidiolex.

The Army issued a similar notice in November 2016 that stated service members may not use marijuana, hemp or hemp oil.

Though not a military branch, NASA also sent a warning to its workforce this month that the unregulated nature of CBD products means employees could inadvertently consume THC that could get them fired.

“The problem is there is no regulatory framework to ensure that the CBD products being sold meet the Farm Act,” Deuster said on the call this week. “[CBD] is everywhere. We are waiting for the FDA to do something,”

She added that service members shouldn’t “believe what [the companies] are telling you” about the benefits of CBD.

Navy Bans Sailors From Using CBD Despite Federal Hemp Legalization, New Memo Says

Photo by Sam Doucette on Unsplash.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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