A UK House of Commons panel is calling on the government to decriminalize drugs and adopt other harm reduction approaches to address a growing overdose crisis.
“We recommend a radical change in UK drugs policy from a criminal justice to a health approach. A health focused and harm reduction approach would not only benefit those who are using drugs but reduce harm to and the costs for their wider communities,” reads a report issued on Wednesday by the Health and Social Care Committee. “Decriminalisation of possession for personal use saves money from the criminal justice system that is more effectively invested in prevention and treatment.”
“Every drug death is avoidable. However, the United Kingdom, and in particular Scotland, have amongst the highest drug death rates in Europe. The evidence we have heard leads us to conclude that UK drugs policy is failing.”
The panel said that decriminalization alone “will not be effective without investing in holistic harm reduction, support and treatment services for drug addiction.” To that end, it is also voicing support for syringe exchange programs, drug checking services, naloxone, safe consumption facilities and heroin assisted treatment—components that it says “can all play an important role in preventing deaths amongst drug users as well as protecting their communities by reducing the harm from discarded syringes and drug related crime.”
The committee also wants to move responsibility for drug policy from the Home office, which handles crime, to the Department of Health and Social Care. “We strongly recommend this move,” the report says.
Our report on #drugspolicy is now published.
Read it here: https://t.co/wOPXr17Ews
— Health and Social Care Committee (@CommonsHealth) October 22, 2019
When it comes to the proposal to remove criminal penalties for drug possession, the committee wrote about witnessing the success of that policy in Portugal, where it was enacted in 2001.
“On our visit to Portugal we saw a system marked by a positive attitude to service users which recognised the impact that chaotic lifestyles could have on engagement with support and treatment,” the report says. “There was a striking ethos of holistic, non-judgemental treatment and access to services focused on the needs of individuals rather than the convenience of the system.”
The lawmakers said that UK-based treatment professions share “a similar ethos, but their capacity to deliver is compromised by inadequate funding and the policy framework.”
The Portuguese model, they write, has “had an impact on stigma” and has led to a “dramatic drop in drug related deaths…without significant increases in drug use.”
“All those we met in Portugal involved in this policy area were very positive about their model,” the lawmakers said. “On introduction, there had been significant opposition, but there is now political consensus and nobody would want to go back. Some of those we met were now of the view that the next step should be legalisation and regulation, to enable the generation of taxation revenue and quality control.”
“Efforts to improve the unacceptably high rates of drug-related deaths would be strengthened by explicitly reframing drug use as a health rather than a criminal justice issue.”
The panel’s report also recounts how members toured supervised drug consumption facilities in Frankfurt, Germany, and recommends that they be “piloted in areas of high need” in the UK.
“Police representatives told us that these facilities should not be viewed simply as allowing people to take illicit drugs–they are about safety, stopping drug overdoses, and very importantly, providing access to a wraparound of other services to eventually stop that person’s drug use,” they wrote. “Harm reduction approaches such as [drug consumption rooms] reduce the wider harms to local communities as well as for those using drugs.”
A government spokesperson rejected the committee’s recommendation to remove criminal penalties for low-level drug offenses, saying that it “would not eliminate the crime committed by the illicit trade, nor would it address the harms associated with drug dependence and the misery that this can cause to families and communities.”
But Dr. Sarah Wollaston MP, chair of the Health and Social Care Committee, said that “a holistic approach centered on improving the health of and reducing the harm faced by drug users, as well as increasing the treatment available, must be a priority going forward.”
“This approach would not only benefit those who are dependent on drugs but benefit their wider communities,” she said in a press release. “The Government should learn lessons from the international experience, including places like Portugal and Frankfurt. It should consult on the decriminalisation of drug possession for personal use from a criminal offence to a civil matter. Decriminalisation alone would not be sufficient. There needs to be a radical upgrade in treatment and holistic care for those who are dependent on drugs and this should begin without delay.”
James Nichols, CEO of the pro-reform Transform Drug Policy Foundation, praised the report but also suggested its recommendations didn’t go far enough in that they would leave the market unregulated by simply decriminalizing possession.
“We need to think about drugs as a health issue, not a criminal justice agenda. This isn’t simply a matter of thinking differently. It’s about creating an entirely new policy landscape. It means action, not just words,” he wrote in a blog post. “Decriminalisation is essential in moving drug policy away from the simplistic, ineffective and often prejudicial approach we have today. Ultimately, though, we need to bring the whole market under legal regulation in order to really get drugs under control and reduce the violence and exploitation that prohibition creates.”
The UK committee’s endorsement of decriminalization is just the latest sign that broad drug policy reforms beyond marijuana legalization are gaining traction around the globe.
This month, Scotland’s ruling party unanimously adopted a resolution endorsing “decriminalization of possession and consumption of controlled drugs so that health services are not prevented from giving treatment to those that need it.”
In Canada, the House of Commons Standing Committee on Health issued a report in June recommending the government “work with provinces, territories, municipalities and Indigenous communities and law enforcement agencies to decriminalize the simple possession of small quantities of illicit substances.”
In the U.S., presidential candidates such as Pete Buttigieg and Tulsi Gabbard have voiced support for drug decriminalization during the course of their campaigns for the Democratic nomination, and businessman Andrew Yang and former Rep. Beto O’Rourke (D-TX) spoke in favor of removing criminal penalties for at least opioids during a debate this month.
A poll released this month found that a majority of Americans—55 percent—support decriminalizing drugs.
Last week, a top Mexican lawmaker proposed going further by legalizing the production and sales of drugs in order to undercut the violent, cartel-controlled underground market.
Idaho Medical Marijuana Activists ‘Likely’ To Seek Signature Gathering Relief After Court Ruling
A campaign to legalize medical marijuana in Idaho is preparing to potentially collect signatures again, as they are likely to seek the same relief that a federal court recently granted a separate campaign that found its petitioning efforts crippled by the coronavirus pandemic.
The judge said activists behind Reclaim Idaho, which is pushing an initiative on school funding, can start collecting signatures in-person and electronically for 48 days starting July 9. While the Idaho Cannabis Coalition wasn’t involved in that case, they feel the ruling will apply to them and they’re actively monitoring the situation.
“We are in the process of working with the local medical marijuana campaign to assess whether Judge Winmill’s order provides a route for the medical marijuana initiative to still qualify for the November ballot,” Tamar Todd, legal director for the New Approach PAC, which is lending support to the state cannabis effort, told Marijuana Moment.
“The medical marijuana campaign is similarly situated to the Reclaim Idaho campaign and will likely ask for a similar extension of time and permission to collect signatures electronically from the Secretary of State, and if necessary, from the District Court,” she said. “I don’t know the exact timeline as there are a number of moving pieces but it will be quick.”
On June 23, U.S. District Judge B. Lynn Winmill gave the state two options: either allow electronic signature gathering for 48 days or simply place the Reclaim Idaho initiative on the ballot regardless of the signature requirement. The state chose neither and proceeded to request that the ruling be stayed.
The judge denied the state’s request to stay the order, so the signature gathering for the school funding campaign can proceed on July 9. The state has since filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit to challenge the lower court’s ruling.
“The district court order severely and unquestionably disrupts Idaho’s election,” the state deputy attorney general wrote in the motion.
The deadline to submit 55,057 signatures to qualify the cannabis initiative passed on May 1, shortly after the group announced it was suspending petitioning activities because of the health crisis and the stay-at-home social distancing measures the state enacted. The cannabis campaign said it has about 45,000 raw signatures on hand at this point, and they’re confident that can fill the gap if they get the deadline extension and electronic petitioning option.
Under the proposed measure, patients with qualifying conditions could receive medical cannabis recommendations from physicians and then possess up to four ounces of marijuana and grow up to six plants.
While advocates say passing medical marijuana in one of the remaining states without such policies on the books would be a victory for patients in its own right, it could also have outsized federal implications. A House-passed bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators is currently sitting in limbo in a Senate committee chaired by a senator who represents the state.
Creating a medical marijuana program in Idaho, which is one of small handful of states that don’t yet even have limited CBD laws, could put additional pressure on Senate Banking Committee Chairman Mike Crapo (R-ID) to move the financial services legislation in Congress.
Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators
Bad news for Oklahoma medical marijuana patients trying to beat the summer heat with a marijuana-infused slushy: State regulators say the icy beverages “are unlikely to meet requirements set forth in Oklahoma statutes and rules” for cannabis products.
As the weather heats up, THC-infused slushy machines have been popping up at more and more Oklahoma dispensaries. Made by companies such as Glazees, which offers flavors such as watermelon and blue raspberry, the THC-infused drinks sell for about $12-$15.
But despite their popularity with some patients, regulators say the slushies fail to comply with a number of state rules, such as a requirement that products be packaged in child-resistant containers. Dispensaries themselves also “are not allowed to alter, package, or label products,” regulators said.
State rules further require that all medical marijuana products be tested in their final form. “In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup,” regulators said. “If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate.”
The OMMA has received multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries. Learn more here: https://t.co/3b6XFzYe2f pic.twitter.com/MPq4Z3PWft
— Oklahoma Medical Marijuana Authority (@OMMAOK) July 2, 2020
Regulators didn’t specify how adding water or ice to cannabis products could affect consumer safety, however.
The Oklahoma Medical Marijuana Authority (OMMA) issued the update on Thursday in what it called a “slushy-machine guidance” memo. The office said it had received “multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries.”
It’s not the first obstacle encountered by Oklahoma marijuana businesses, which began popping up across the state voters passed a medical marijuana law in 2018.
Earlier this year, lawmakers passed a wide-ranging medical cannabis expansion bill, which would have allowed out-of-state residents to obtain temporary licenses, permitted licensed businesses to deliver marijuana to customers and eliminated jail time for for first-time possession convictions. But Gov. Kevin Stitt (R) then vetoed the bill, and lawmakers didn’t hold a vote to override the action.
Oklahoma activists also filed a proposed marijuana legalization ballot measure in December, but it’s unlikely the campaign can gather enough signatures to put the measure before voters this November. Their signature-gathering was largely delayed due to the coronavirus pandemic, and only last week did the state Supreme Court rule that the campaign could initiate petitioning. Supporters now have about 90 days to gather nearly 178,000 signatures from registered voters.
Photo courtesy of Max Pixel
Virginia Lawmakers Announce Plans To Legalize Marijuana, One Day After Decriminalization Takes Effect
Only a day after a new marijuana decriminalization law took effect in Virginia, top state lawmakers are announcing that they’re already looking ahead to full legalization.
A group of Democratic legislators on Thursday announced plans to introduce a bill to legalize and regulate a commercial cannabis market in the state. While the measure isn’t set to be filed until next year, lawmakers framed legalization as necessary in the fight for social and racial justice.
“Decriminalizing marijuana is an important step in mitigating racial disparities in the criminal justice system, but there is still much work to do,” House Majority Leader Charniele Herring (D) said in a press release. “While marijuana arrests across the nation have decreased, arrests in Virginia have increased.”
Other lawmakers backing the broader legalization push include Sens. Adam Ebbin (D) and Jennifer McClellan (D), as well as Del. Steve Heretick (D).
On Wednesday, the state’s new marijuana decriminalization policy took effect. The law, approved by lawmakers earlier this year and signed by Gov. Ralph Northam (D), removes criminal penalties for low-level marijuana possession. Under the change, having up to an ounce of cannabis is now punishable by a $25 fine and no threat of jail time or a criminal record.
Prior Virginia law punished simple marijuana possession with up to 30 days in jail, a $500 fine and a long-term criminal record.
“This bill will prevent low-level offenders from receiving jail time for simple possession while we move toward legalization with a framework that addresses both public safety and racial equity in an emerging market,” Herring said of the new law, which she sponsored in the House of Delegates and Ebbin led in the Senate.
The decriminalization measure also contains a provision to study future legalization. It requires a bevy of executive agencies, including “the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security,” to convene an expert working group to study the matter. That panel’s report is due in November.
A separate legislative agency, the Joint Legislative Audit and Review Committee (JLARC), is also studying the impacts of possible legalization as the result of yet another resolution approved by lawmakers this year.
Lawmakers said on Thursday that the JLARC report, which is due in December, would inform how they shape legalization legislation they expect to file in 2021.
“Elements of the JLARC study include review of best practices from states such as Illinois that have developed a legal framework, testing and labelling recommendations, and measures to reduce illicit sales,” according to a press release from Ebbin’s office. “The study will also examine how best to provide redress and economic opportunity for communities disproportionately impacted by marijuana prohibition, and recommend programs and policies to reinvest in affected communities.”
The Virginia Legislative Black Caucus doesn’t want to wait for the results of the two reviews, however, and is pushing fellow lawmakers to take up cannabis legalization during a special session in August. In addition, the caucus has said its members intend to file bills to implement automatic expungement, ban no-knock warrants, require courts to publish racial date on people charged with low-level offenses and enact other sweeping criminal justice reforms.
Jenn Michelle Pedini, development director for the legalization advocacy group NORML and executive director of the group’s Virginia chapter, said the organization, which has worked with lawmakers on past reforms, looks forward to continuing to bring evidence-based cannabis policy to Virginia.
“For far too long, young people, poor people, and people of color have been disproportionately impacted by cannabis criminalization, and Virginia must take immediate steps to right these past wrongs and undo the damage that prohibition has waged upon hundreds of thousands of Virginians,” Pedini said. “It is time to legalize and regulate the responsible use of cannabis by adults in the Commonwealth.”
Ebbin said that despite the meaningful step of decriminalization, the state still has a long way to go.
“Today Virginia is taking an important first step in reducing the harm caused by the criminalization of cannabis,” he said in a statement. “The prohibition of marijuana has failed and the consequence of this failure has been felt overwhelmingly by Virginians of color, but it has not ended. It will only end when it is replaced by a regulated adult-use market that emphasizes equity—making whole those who have been burdened most by making sure they have a seat at the table and access to the marketplace. We are looking forward to doing the hard work needed to get this right.”
In the meantime, the Senate Democratic Caucus has announced it will pursue a bill during the special session next month to end law enforcement searches of people or vehicles based solely on the smell of marijuana, which critics say is a recipe for discriminatory enforcement. The group also noted that the chamber approved legislation during the regular legislative session that would have expunged certain marijuana charges and convictions, but that those bills didn’t make it to the governor’s desk.