Kratom

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Chronicle AM: NH Decrim Bill Advances, VT Legalization Bill Passes House, More... (5/3/17)

The long slog toward marijuana law reform continues in New Hampshire and Vermont, a Maine bill would ban kratom, Tom Marino is reportedly out as drug czar, and more.

Maine could join the handful of states that have banned kratom. (Project CBD)
Marijuana Policy

New Hampshire Decriminalization Bill Advances. After years of rejecting marijuana law reforms, the state Senate is advancing a decriminalization bill. The Senate Judiciary Committee on Tuesday approved House Bill 640 on a 3-2 vote. The bill would decriminalize the possession of up to three-quarters of an ounce of weed. The bill has already passed the House, but the House version decriminalized up to an ounce.

Oregon Bill to Protect Workers Who Use Marijuana Dies. A bill that would have ended workplace marijuana drug testing has died in the Senate after backers conceded they did not have the votes to pass it. Senate Bill 301 would have required employers from testing workers for any drug that is legal in the state, as long as it was consumed outside of work hours and didn't interfere with the workers' duties. The bill was opposed by business groups.

Vermont House Passes Legalization Bill, But… The House on Tuesday approved a bill to legalize the possession of up to an ounce of marijuana -- though not its sale -- but the bill is not expected to advance further this year. House Bill 170 passed on a 74-68 vote, but only after fending off attempts to send it back to committee and to weaken it. The bill also allows for the cultivation of two mature or four immature plants. The Senate has passed its own, more far-reaching legalization bill, which includes tax and regulate, but an amendment that would have brought the House bill in line with the Senate bill was defeated 42-99. The legislative session ends Saturday, and it is not expected that a compromise can be reached by then, but lawmakers can consider bills passed this session next year during the second half of the legislative biennium.

Kratom

Maine Bill Would Ban Kratom. A bill that would make kratom a controlled substance in the same schedule as cocaine, methamphetamine, and heroin has been filed in the state legislature. Senate Bill1546 was introduced last week and is now before the Joint Criminal Justice and Public Safety Committee.

Asset Forfeiture

Colorado Lawmakers Back With New Asset Forfeiture Bill. Senate Republicans killed a civil asset forfeiture reform bill earlier this session, but now a bipartisan group of lawmakers are back with a new bill, House Bill 1313, which has been modified to address the concerns of law enforcement and prosecutors, who opposed the earlier bill. The new bill cuts in half the $100,000 threshold that barred local law enforcement from partnering with the feds in order to get the bulk of seized goods. It also imposes reporting requirements on seizures. The bill won preliminary approval in the House on Tuesday.

Drug Policy

Donald Trump Will NOT Name Tom Marino Drug Czar. According to news reports, President Donald Trump will not be nominating Rep. Tom Marino (R-PA) to be director of the Office of National Drug Control Policy (colloquially referred to as the "drug czar"). His nomination was opposed by the Drug Policy Alliance, which launched a campaign to prevent Marino from being nominated. Marino's nomination seemed all but certain just a few weeks ago but a flurry of news stories on his extremist views, like turning hospitals into prisons, and using his power as prosecutor to help his friends, no doubt put pressure on the administration to go in a different direction.

Chronicle AM: NFL Players Want Less Punitive MJ Approach, Israel MedMJ Research, More... (1/25/17)

NFL players want the league to ease up on weed, an Oregon bill seeks to declare a kratom "emergency" and study whether to ban it, the Israelis are funding medical marijuana research, and more.

Oregon is the second state this year to see moves toward banning kratom at the statehouse. It's happening in Florida, too.
Marijuana Policy

NFL Players Association Will Propose Less Punitive Approach to Pot. The NFLPA is working on a proposal to change the league's drug policy to take a softer line on marijuana. The association will take the proposal its board of representatives first, and if the board approves it, on to the league. Currently, players are subject to fines or suspensions for using marijuana, whether recreationally or medicinally.

Medical Marijuana

Arkansas Governor Signs Medical Marijuana "Fix" Bills. Gov. Asa Hutchinson (R) signed into law two bills aimed at modifying the state's new, voter-approved medical marijuana law. House Bill 1026 will extend the deadline for rulemaking from 120 days to 180 days, and House Bill 1058 removes the requirement that doctors certify in writing that the help benefits of marijuana would outweigh the risks to the patient.

Kratom

Oregon Bill Would Declare Emergency, Study Whether to Ban Kratom. The state Senate Interim Committee on the Judiciary has filed a measure, Senate Bill 518, which would declare a kratom "emergency" in the state and direct the state Board of Pharmacy to conduct a study to see if the plant and its derivatives should be scheduled as a controlled substance under state law. The DEA is currently weighing a similar move on the federal level, but has run into stiff opposition from users and advocates.

Heroin and Prescription Opioids

Maryland Governor Rolls Out Package to Fight Heroin. Gov. Larry Hogan (R) unveiled a package of proposals to deal with heroin and prescription opioid use in the state. He wants strict limits on doctors' ability to write prescriptions for opioids, stiff penalties for sellers of those drugs, and a new "command center" to coordinate the official response. In other states where such measures have been proposed, doctors have objected loudly to politicians placing legal limits on the care they provide. Democrats in the legislature are working on their own package of measures, but have released no details.

Drug Testing

New York Bill Would Require Drug Testing Children Whose Parents Get Arrested for Drugs. A bill named after an infant who died of a drug overdose would require hair follicle testing of children if their parent or guardian has been arrested on a drug charge. Kayleigh Mae's Law is not yet on the legislative website. Kayleigh Mae Cassell was found to have been given cocaine and heroin by her mother and live-in boyfriend, both of whom have pleaded guilty in her death.

International

Israel Will Fund Research for Medical Marijuana Crops. The Ministry of Agriculture and Rural Development will fund medical marijuana research in what it says is a pioneering step to aid researchers in developing a new generation of medical marijuana products. The ministry and the Health Ministry have allocated $2.1 million US for the project.

Kratom Krazed: One Florida Lawmaker's Lonely, Wacky Crusade to Ban the Herb [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Florida state Rep. Kristin Jacobs (D-Coconut Creek) is a woman on a mission, albeit a strange and misinformed one. For the last three years, Jacobs has waged a lonely crusade in Tallahassee to ban kratom, the herb derived from a Southeast Asian tree and widely used for pain relief, withdrawal from opiates, and as a less harmful alternative to opiates.

She's at it again this year, having just introduced a measure, House Bill 183, that would add mitragynine and hydroxymitragynine, the active constituents of kratom, to the state's controlled substances list. And she's invoking the specter of Hitler as she does so.

Saying the kratom ban was a "fall on the sword issue" for her, Jacobs railed against the people who have opposed her prohibitionist efforts, accusing them of Goebbels-like propaganda.

"They have a story," she told the St. Peters Blog. "Just like Hitler believed if you tell a lie over and over again, it becomes the truth."

Portraying herself as a bravely challenging a "lie machine… a powerful lobby with lots of money," Jacobs warned against "Big Kratom." "It's not just what they're doing here," she said. "They're doing the same thing around the country."

"They" would be the American Kratom Association and the Botanical Education Alliance. The former was founded by Susan Ash, a 46-year-old who began taking kratom while being treated for dependence on prescription pain relievers and now takes a small dose daily to ease chronic pain and depression. She was so impressed with the results, she founded the group in 2015 to represent kratom consumers. The group now has more than 2,000 members and lobbies against efforts to ban the drug.

The latter is a small nonprofit organization "dedicated to educating consumers, lawmakers, law enforcement, and the media aboutstyl safe and therapeutic natural supplements including Mitragyna speciosa, also known as Kratom," the group says on its web page. "Our mission is to increase understanding in order to influence public policy and protect natural supplements. Our vision is to create a society where every adult has the right to access safe and effective natural supplements."

According to the American Kratom Association, "Kratom is not a drug. Kratom is not an opiate. Kratom is not a synthetic substance. Naturally occurring Kratom is a safe herbal supplement that's more akin to tea and coffee than any other substances. Kratom behaves as a partial mu-opioid receptor agonist and is used for pain management, energy, even depression and anxiety that are so common among Americans. Kratom contains no opiates, but it does bind to the same receptor sites in the brain. Chocolate, coffee, exercise and even human breast milk hit these receptor sites in a similar fashion."

Unsurprisingly, Jacobs disagrees. She calls the herb a "scourge on society" and says it "is an opiate," breezily lumping it in with heroin and pain pill mills.

In Jacobs' dystopian vision, she foresees babies born with withdrawal symptoms, emergency room doctors treating strung-out kratom junkies in the throes of withdrawal, and "addicts with glassy eyes and shaky hands" lurking about until the dreaded kratom overdose gets them. "How many more are going to die?" she asks.

Singlehandedly waging a Florida war on kratom: Rep. Kristin Davis (Wikipedia/Creative Commons)
Well, not many, actually. Like opiates, kratom relieves pain, slows bowel activity, produces euphoric feelings, and creates physical addiction and a withdrawal syndrome. But unlike opiates, it causes a pleasant, caffeine-type buzz in small doses and, more significantly, it is apparently very difficult -- if not impossible -- to overdose on it. The few deaths where kratom is implicated include poly-drug use, or as in a case reported by the New York Times, suicide by a young kratom user who was also being treated for depression.

"Direct kratom overdoses from the life-threatening respiratory depression that usually occurs with opioid overdoses have not been reported," says Oliver Grundmann, clinical associate professor of medicinal chemistry at the University of Florida, told journalist Maia Szalavitz at Vice. Grundmann should know; he just reviewed the research on kratom for the International Journal of Legal Medicine.

Szalavitz also consulted Mark Swogger, an assistant professor of psychiatry at the University of Rochester Medical Center, who with his colleagues analyzed 161 "experience reports" posted by kratom users on the drug information site Erowid.org for a recent study in the Journal of Psychoactive Drugs.

"I think it's pretty safe to say that kratom has at least some addiction potential. The data is fairly strong on that and our study also found that people are reporting addiction," but "overall, we found that it's really mild compared to opioid addiction and it didn't seem to last as long."

Jacobs' inflammatory and ill-founded comments generated a quick and strong reaction from kratom advocates. Kendra Jowers, who sits on the advisory board of the Botanical Education Alliance, didn't mince any words.

"It's difficult to know how to respond to what Representative Jacobs said, because what she said was borderline lunatic," Jowers told the Florida Report. "And I think any sane, rational person could recognize it as such -- whether they have personal ties to kratom or not," she said.

"When Representative Jacobs feels the need to compare an advocacy organization like the Botanical Education Alliance to the Third Reich, she's already lost the argument. She's already shown that she has no winning hand; that's why she resorts to such absurd and outrageously dishonest appeals to emotion and irrationality. We are a group of professionals from across the country who have volunteered our time to fight for people's right to use a natural supplement to curtail their pain and wean off of addiction to opioids and alcohol. To liken us to Hitler is reprehensible and entirely unprofessional," Jowers continued. "That is not to mention how abhorrent and obscene it was for her to trivialize one of the worst atrocities in human history."

Kratom is often prepared as a tea. (Wikimedia/Creative Commons)
Jowers wasn't done. She also took umbrage at Jacobs' portrayal of kratom users as glassy-eyed addicts.

"She may not have named names, but those were personal attacks. Because when she characterizes kratom users this way -- glassy-eyed, shaking, helpless addicts who aren't competent to understand what they're fighting for here -- she is personally attacking the tens of thousands of Floridians who use kratom to responsibly manage their health conditions," Jowers noted.

"Kratom users are mothers, grandmothers, brothers, sisters, and notably, veterans suffering from PTSD, pain, and addiction that may have resulted from what they've endured in the course of their service to this country. I guarantee, you encounter kratom users all the time, and you would have no idea that they are using it unless they were to tell you -- contrary to Representative Jacobs' histrionic and inaccurate characterization," Jowers added.

The American Kratom Association and the Botanical Education Alliance have led the charge against the DEA's move to federally ban kratom -- a pushback that resulted in the agency's unprecedented decision to delay or possibly even undo the proposed ban. And now they are leading the charge to push back against Rep. Jacobs and her war on the herb.

Chronicle AM: CA Eyeing Billion in MJ Taxes, SF Safe Injection Site Support, More... (12/2/16)

A battle over safe injection sites looms in San Francisco, California could score a billion bucks a year in marijuana taxes, kratom gets massive support during the DEA's public comment period on its proposed ban, and more.

San Francisco's top health official is down with safe injection sites, but the mayor isn't. (vch.ca)
Marijuana Policy

Legal Marijuana Could Generate a Billion Dollars a Year in California Marijuana Taxes. State analysts estimate legal marijuana tax revenues could provide a $1 billion a year boost in state and local tax revenues. In anticipation of dollars to come, the state Board of Equalization Tuesday approved a proposal to fund staffing to administer the state's legalization bureaucracy, saying it needs $20 million by 2021 to support a staff of 114.

Medical Marijuana

Arkansas Regulators Release Draft Medical Marijuana Rules. The state Department of Health Wednesday released proposed draft rules for the voter-approved medical marijuana program. The rules include provisions about labeling, obtaining medical marijuana registry cards, lab testing requirements, and the process for adding new qualifying conditions. The department said it hopes to present the draft rules to the Board of Health next month and then open them to public comment. The department has not completed draft rules for regulation of and applications for dispensary and cultivation licenses. The state is supposed to be ready to license growers and sellers by June 1.

Minnesota Will Allow Medical Marijuana For PTSD. The state Department of Health has decided to add post-traumatic stress disorder (PTSD) to the list of qualifying conditions for marijuana. It had been weighing requests to add PTSD, autism, arthritis, depression, and other conditions. "While the process of reviewing these potential additions was difficult due to the relative lack of published scientific evidence, PTSD presented the strongest case for potential benefits," Health Commissioner Dr. Ed Ehlinger said. "PTSD also has few effective treatment alternatives available for some patients with the condition," he added. The decision means that patients certified with PTSD will be eligible for medical cannabis starting August 2017.

Kratom

Kratom Comment Period is Over; Massive Response to DEA Ban Move. The time to comment on the DEA's proposed move to ban kratom has ended, but more than 22,000 comments came in before the deadline, overwhelmingly against restrictive scheduling of the Southeast Asian tree and the psychoactive chemicals it contains. Commenters noted its lack of lethality, its use as a pain reliever, and its utility in substituting for more dangerous opioids. Addiction specialist Dr. Jack Henningfield wrote a 127-page analysis that concluded that scheduling kratom "is not warranted from a public health perspective and is more likely to cause public health problems that do not presently exist." It should be regulated like a health supplement, Henningfield recommended.

Harm Reduction

San Francisco Health Chief Supports Safe Injection Sites. Barbara Garcia, director of the city's Department of Public Health, strongly endorsed safe injection sites, she told the Board of Supervisors Wednesday. "I think if we were going to open one, it would be very successful," she told the supes, but added that the city needed a half-dozen to make a real difference. That puts her at odds with Mayor Ed Lee, who has come out strongly against the harm reduction measure.

Chronicle AM: Obama Says Treat Weed Like Cigs or Booze, FDA Phase 3 MDMA Trials, More... (11/30/16)

On his way out of office, President Obama makes his most pro-legalization remarks yet, the FDA gives a green light for Phase 3 MDMA clinical trials, Bolivia ignores UN anti-drug treaties and signs an agreement to export coca to Ecuador, and more.

Ecstasy -- from party drug to prescription drug? (Creative Commons/Wikimedia)
Marijuana Policy

Obama Says Marijuana Should Be Treated Like Cigarettes and Alcohol. In a new interview with Rolling Stone, President Obama said marijuana should be treated as a public health matter and regulated like cigarettes and alcohol. "I am not somebody who believes that legalization is a panacea. But I do believe that treating this as a public-health issue, the same way we do with cigarettes or alcohol, is the much smarter way to deal with it." Obama added that: "In light of these referenda passing, including in California, I've already said... that it is untenable over the long term for the Justice Department or the DEA to be enforcing a patchwork of laws, where something that's legal in one state could get you a 20-year prison sentence in another. So this is a debate that is now ripe, much in the same way that we ended up making progress on same-sex marriage. There's something to this whole states being laboratories of democracy and an evolutionary approach. You now have about a fifth of the country where this is legal."

Kratom

Researchers Suggest Kratom Could Have Benefits as Opioid Alternative. A special report published Monday in The Journal of the American Osteopathic Association says a proposed DEA ban on kratom would stifle scientific understanding of the herb's chemical components and pharmaceutical properties. The researchers also say that both anecdotal evidence and scientific research suggest kratom may be safer and less addictive than opioids. "There's no question kratom compounds have complex and potential useful pharmacologic activities and they produce chemically different actions from opioids," said author Walter Prozialeck, chairman of the Department of Pharmacology at Midwestern University Chicago College of Osteopathic Medicine. "Kratom doesn't produce an intense euphoria and, even at very high doses, it doesn't depress respiration, which could make it safer for users."

MDMA

FDA Approves Phase 3 Clinical Trials of MDMA for PTSD. The Food and Drug Administration has given permission for large-scale Phase 3 clinical trials of MDMA to treat PTSD, the final step before possible approval of Ecstasy as a prescription drug. The move comes after the Multidisciplinary Association for Psychedelic Studies (MAPS) sponsored six Phase 2 studies with 130 PTSD patients. MAPS is also funding this current research.

Drug Testing

Michigan Pilot Welfare Drug Testing Program Comes Up With Squat. A pilot program to submit welfare recipients to drug abuse screening found only one person identified as needing a drug test out of 443 people screened -- and that person had his case closed before he submitted a drug test. The screening for drug abuse identified 27 people as possibly needing a drug test, but ten were already getting drug treatment, three had their cases closed for other reasons, and 14 others were cleared after screening. The tests themselves cost the state $700, but the main costs undoubtedly were from "increased staffing, administrative costs, administrative hearings, and program changes to the electronic benefits application system."

International

Bolivia to Ignore UN Ban, Begin Coca Exports to Ecuador. Bolivia and Ecuador have signed an agreement to export legal Bolivian coca products to the Ecuadorian market. The UN Single Convention on Narcotic Drugs bans the export of coca because it contains the cocaine alkaloid, but neither Bolivia nor Ecuador appear to care.

Chronicle AM: AG Nominee Stokes MJ Fears, Global Commission Calls for Drug Decrim, More... (11/21/16)

Donald Trump has nominated a harsh drug warrior to head the Justice Department, Montanans will see a slew of bills aiming at making their medical marijuana system more workable (and at least one that wants to kill it), the Global Commission on Drugs called for drug decriminalization, and more.

"Good people don't use marijuana," says Trump's attorney general pick, Alabama Sen. Jeff Sessions.
Marijuana

Trump's Pick of Jeff Sessions as AG Raises Fears in Marijuana Industry. President-elect Donald Trump (R) has nominated anti-marijuana Alabama Republican Sen. Jeff Sessions to head the Justice Department, setting off alarms in the marijuana industry. As attorney general, Sessions would oversee federal prosecutors and the DEA and could move to undo the Obama administration's policy of largely allowing the states to set their own course on pot policy.

Colorado Bureaucrats Nix On-Site Pot Consumption for Bars. Just a week after voters in Denver approved a social use initiative allowing restaurants and bars to seek permits to allow on-site consumption of marijuana, the Department of Public Health and Environment has announced that it will not allow liquor license-holders to obtain such permits. The department said using alcohol and marijuana together increases impairment. But proponents of the measure said alcohol establishments already rely on the judgment of servers and that the move would allow consumers to use marijuana products without having to go outside or hide behind closed doors.

Medical Marijuana

Arizona Dispensary Operator Eyes 2018 Expansion Initiative. The owners of the Wellness Center, an Apache Junction dispensary, are moving toward an initiative to expand the state's medical marijuana program. The move comes a week after a legalization initiative was narrowly defeated. The initiative would expand the list of qualifying conditions for marijuana and it would allow people who live more than a mile from a dispensary to grow their own. The current law bars people who live within 25 miles of a dispensary from growing their own.

After Initiative Victory, Medical Marijuana Bills Pile Up in Montana. Montanans voted last week to restore their state's medical marijuana system, which had been gutted by the Republican legislature in 2011, and now the legislature faces at least 10 bills designed either to make the system more workable or to try to thwart the will of the voters once again. It's going to be a busy session in Helena.

Heroin and Prescription Opioids

Kentucky Legislator Files Bill to Limit First-Time Opioid Prescribing. State Rep. Jeff Taylor (D-Hopkinsville) has prefiled a bill, BR 202, that would limit first-time adult prescriptions for non-chronic pain relief to a seven-day supply. The bill does include an exception that would allow a doctor to prescribe a longer supply if deemed medically necessary.

Kratom

Still Ten Days Left to Comment on Proposed Kratom Ban. Anyone who wants to commit on the DEA's plan to schedule kratom has until December 1 to do so. Click on the link for more information.

International

New Report Calls on UK to Legalize Marijuana. A new report from the Adam Smith Institute says that Great Britain's drug strategy "has failed in its core aims to prevent people from using drugs, manufacturing drugs, and to put a stop to the crime, corruption and death that is taking place on an industrial scale around the world," and calls on the government to legalize marijuana. The report is winning support from a cross-party parliamentary group that includes former deputy prime minister Nick Clegg.

Global Commission on Drugs Calls for Global Drug Decriminalization. In its annual report, the Global Commission on Drugs has called for an end to criminal and civil penalties for drug possession and more research into alternative regulatory models. The report comes months after the commission sharply criticized the United Nations' refusal to embrace more radical drug reforms at its UNGASS on Drugs last spring. Commission member Richard Branson called the UN's status quo approach "fatally flawed" at the time.

Chronicle AM: DEA Kratom Ban Retreat, France's First Supervised Injection Site, More... (10/12/16)

A new Pew poll has support for marijuana legalization at 57% nationwide, the DEA is forced to back away from its kratom ban, France opens its first supervised injection site, and more.

In a historic move, the DEA was forced to back away from enacting an emergency ban on kratom. (Project CBD)
Marijuana Policy

New National Poll Has Solid Majority Support for Legalization. A new Pew Research Center poll released today has support for marijuana legalization nationwide at 57%, with 37% opposed. A recent Gallup poll had it at 58%. Pew says the numbers show that public opinion on the issue has flipped in the past decade. In 2006, only 32% supported legalization, with 60% opposed.

Delaware Legislator Vows to File Legalization Bill Next Year. State Sen. Margaret Rose Henry (D), the Senate majority whip, said she will introduce a pot legalization bill in January. "It's certainly being considered. It's going to be an uphill battle," Henry said Tuesday during a meeting of the state Medical Marijuana Act Oversight Committee. "But it's time, quite frankly. It's time to certainly look at it."

Nevada's Largest Labor Union Endorses Legalization Initiative. Culinary Union Local 226, the largest labor union in the state, is getting behind the Question 2 legalization initiative. The union represents some 60,000 workers in the Silver State.

Medical Marijuana

Florida Poll Has Initiative With Strong Lead. A new poll from the Public Opinion Research Laboratory at the University of North Florida has more than three-out-four likely voters supporting the Question 2 medical marijuana initiative. The poll had support at 77%. The initiative needs 60% to win because it is a constitutional amendment.

Kratom

In Unprecedented Move, DEA Backs Away from Kratom Ban -- At Least for Now. The Drug Enforcement Administration (DEA) has posted a notice in the Federal Register stating that it is withdrawing its plans to ban kratom using emergency scheduling powers. The DEA instead is opening a public comment period ending December 1st. The official notice indicates that comments received by the DEA will be considered -- along with formal input from the Food and Drug Administration -- before a determination is made about scheduling kratom. The DEA's proposed ban on kratom, a medicinal plant used for millennia in Southeast Asia and currently by millions in the US, was anticipated to go in effect as early as September 30. The DEA retreat came amidst enormous pressure on the agency from the public and lawmakers to halt the ban.

International

France's First Supervised Injection Site is Open for Business. France has now joined a growing list of European countries that operate supervised injection facilities for drug users. After the Socialist government pushed through legislation allowing them last year, the first one in France opened Tuesday near Paris's Gare du Nord train station.

Peru Renews Military Operations in Key Coca Growing Area. The Peruvian government announced last week that it is declaring a 60-day state of emergency in parts of the Valleys of the Apurimac, Ene, and Mantaro Rivers (VRAEM), a key coca producing region. The area had been under a state of emergency for 30 years until last year, when the government ended it after capturing several Shining Path operatives. But now, the military is back with twin briefs to fight drug trafficking and "narcoterrorism."

Cayman Island Lawmakers Approve Medical Marijuana Bill.Lawmakers in the Caribbean island nation voted Monday to legalize the use of CBD cannabis oil for medicinal purposes. The measure still faces one final vote, and could require some tweaking before such medicines become available. No one in the Cayman Islands produces CBD cannabis oil, and it could be problematic to try to import it from the US because of federal marijuana prohibition.

Chronicle AM: Vatican Restates Opposition to Legalization, Worrisome AZ Poll, More... (10/10/16)

The Pope says nope to dope, an Arizona poll has the marijuana legalization initiative trailing, big bucks are flowing in the Florida medical marijuana battle, and more.

Marijuana Policy

Arizona Poll Has Legalization Initiative Trailing. For the second time in as many months, a poll from OH Predictive Insights has the Prop 205 legalization initiative losing. An end of August poll from the group had 40% in favor and 51% opposed, while a new end of September poll had 43% in favor and 47% opposed. Other recent polls have the initiative faring better, such as an August Arizona Republic poll that had it at 50%, with 40% opposed.

Poll Finds New Mexicans Ready to Legalize It. An Albuquerque Journal poll released over the weekend has support for generic marijuana legalization at 61%. If respondents over 65 are excluded, that number jumps to a whopping 82%.

Medical Marijuana

Florida Initiative Battle Seeing Huge Cash Flows. Las Vegas casino magnate Sheldon Adelson kicked in another $500,000 in the last week of September to help defeat the Amendment 2 medical marijuana initiative. That brings Adelson's total for the campaign to $1.5 million. He kicked in $5.5 million to defeat a similar proposal in 2014. All told, the opposition raised $560,000 in the last week of September. Meanwhile, Amendment 2 backers took in $1.07 million in the same period, all but $7,000 from the New Approach PAC. Florida attorney John Morgan has also kicked in $2.3 million of his own money. The no side spent more than $700,000 last week, mainly on TV ads, while the yes side spent $326,000.

Kratom

American Kratom Association Seeks Legal Help. Faced with an impending -- but indefinitely delayed -- move by the DEA to place kratom on Schedule I as an emergency measure, the group is seeking legal assistance. "If you are a law student, Paralegal, Attorney, Law Teacher or Professor We Need You Now! We've come a long way in such a short amount of time; the push back on the DEA from our Congressional allies, the media and all of you, has been nothing short of phenomenal. But our fight is nowhere near over. We are forming a team to execute our legal strategy should the DEA move forward with this unconstitutional action on Kratom. We are ready with a few powerful arguments, and we must to be ready to go the full distance. This will not be a one round fight. We need people well versed in constitutional law, professors, teachers, lawyers, qualified
paralegals and law students to form a voluntary working group to assist us and support our fight for the long term. A group to help, with the legal arguments our lawyers have already presented, to take this all the way to the SUPREME COURT if we have to!!! If you have these skills, are you willing to help us make history? If so, please email Robin Graham at robin.graham@americankratom.org. Please be prepared to submit a resume and sign a non-disclosure agreement. Please feel free to share this email with anyone that may be able to help us in this fight."

International

Vatican Reiterates Opposition to Drug Legalization. In a speech last Thursday, the Vatican reaffirmed its opposition to legalizing drug use as a means of fighting addiction. "The Holy See believes that the fight against the drug problem must be guided by the fundamental principles of respect for human dignity, of the primacy of prevention, and of the role of the family as a bulwark for both drug prevention and addiction treatment," Archbishop Bernardito Auza said. But not drug legalization: "My delegation wishes to reaffirm the Holy See's opposition to legalizing drug use as a means to fight drug addiction. As Pope Francis stated in his June 2014 address to the International Drug Enforcement Conference in Rome, 'The fight against drugs cannot be won with drugs. Drugs are an evil, and with evil there can be neither surrender nor compromise.'"

Chronicle AM: Kratom Ban Delayed (But Still Coming), Mad Drug Arrest Binge in Indy, More... (9/30/16)

California's governor signs asset forfeiture reform and medical marijuana "micro farmer" bills, a Massachusetts town pays out big time for killing an elderly black man in a drug raid, Indianapolis narcs have arrested 1,000 people in two and a half months and think that's success, and more.

Eurie Stamps. Killed in a 2011 drug raid, now his family wins a $3.75 million settlement. (Stamps family)
Marijuana Policy

Another California Poll Has Prop 64 Winning. A new KPIX 5/Survey USA poll has the Prop 64 legalization initiative winning with 52% of the vote, with 41% opposed. It's the latest in a long line of polls that show the initiative winning, but has it winning by a smaller margin than most other polls.

Medical Marijuana

California Governor Signs Marijuana "Micro Farmer" Bill. Gov. Jerry Brown (D) Thursday signed into law the Cottage Cannabis Farmers Bill, Assembly Bill 2516. The measure creates a new medical marijuana cultivator license for "micro farmers," defined as farms with 2,500 square feet or less of total canopy size for mixed-light cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises.

Kratom

DEA Ban Delayed, But Only for Days. The DEA says that despite loud protests, its proposed emergency ban on kratom is still coming; it's just been delayed for a few days as the agency deals with paperwork. It was supposed to become Schedule I Friday, but the reprieve could last a week or more. A DEA spokesman said it's "highly accurate" to say the ban won't take effect next week, either.

Asset Forfeiture

California Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Jerry Brown (D) Thursday signed into law Senate Bill 443, which requires a criminal conviction before police can permanently seize property valued at under $40,000. Bill sponsor Sen. Holly Mitchell (D-Los Angeles) sponsored a similar bill last year, but it failed after law enforcement grumbled that it would make it more difficult to go after big drug dealers. Police dropped their opposition after Mitchell agreed to the $40,000 threshold.

Law Enforcement

Family of Massachusetts Man Killed in SWAT Drug Raid Awarded $3.75 Million. The town of Framingham has agreed to pay $3.75 million to settle a lawsuit in the death of Eurie Stamps, 68, who was shot and killed by a Framingham police officer as he laid on the floor of his home complying with officers' demands. It was the killing of Stamps that inspired the Chronicle's tracking of drug war deaths, a work now in its sixth year.

Federal Bill to Require Police Reporting of Deaths and Injuries Filed. Rep. Mark Veasey (D-TX) has filed HR 6217, which would "require States and units of local government to have in place laws requiring law enforcement officers to submit... reports when an individual is injured or killed by such a law enforcement officer in the course of the officer's employment as a condition on receiving certain grant funding, and for other purposes. Currently, there is no federal database on law enforcement killing or injuring suspects.

Indianapolis Narcs on Mad Arrest Binge. A newly formed Indianapolis Metropolitan Police Department drug unit has arrested more than 1,000 people in the past two and half months. Local media is calling it a "success" and IMPD Chief Troy Riggs vowed that more of the same was coming. "We're not backing off," he said. "This is the new normal."

Powerful Coalition is Building Pressure on Feds to Think Again on Kratom Ban [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

In a last ditch bid to stop the DEA from criminalizing an herb widely hailed for its ability to treat pain, depression, and anxiety, and help people wean themselves from more dangerous opioid pain relievers, a bipartisan group of lawmakers sent a letter to the agency Monday asking it to reconsider its decision to place kratom on Schedule I of the Controlled Substances Act.

Kratom is headed for Schedule I (Creative Commons/Wikipedia)
Kratom is a southeast Asian herb made from the leaves of Mitragyna speciose, a tree related to the coffee plant. In small doses, it has a mild stimulant effect, but in larger doses, it acts like a mild opioid. To be precise, the DEA has moved to criminalize not the herb itself, but two alkaloids, mitragynine and 7-hydroxmitragynine, which activate opioid receptors in the brain.

Last month, the DEA exercised its emergency scheduling powers in announcing that it was moving kratom to Schedule I, effective at the end of this week. The drug agency said kratom poses "an imminent hazard to public safety," citing only press reports of some 15 deaths linked to kratom use. But in at least 14 of those cases, the victims were also using other drugs or had pre-existing life-threatening conditions. (Meanwhile, some 25,000 people died of prescription drug overdoses last year.)

Kratom users, who could number in the millions, immediately raised the alarm, organizing campaigns to undo the decision and lobbying Congress for help. That's what sparked Monday's letter from 51 lawmakers, including 22 Republicans.

"This significant regulatory action was done without any opportunity for public comment from researchers, consumers, and other stakeholders," reads the letter, drafted by Reps. Mark Pocan (D-WI) and Matt Salmon (R-AZ). "This hasty decision could have serious effects on consumer access and choice of an internationally recognized herbal supplement."

Given the ongoing high level of heroin and prescription opioid use and the associated overdose deaths, he DEA was hypocritical in mounting a campaign against kratom, the lawmakers said.

"The DEA's decision to place kratom as a Schedule I substance will put a halt on federally funded research and innovation surrounding the treatment of individuals suffering from opioid and other addictions -- a significant public health threat," they wrote.

The lawmakers called on DEA Administrator Chuck Rosenberg to delay the emergency scheduling and instead "engage consumers, researchers, and other stakeholders, in keeping with well-established protocol for such matters."

Since first emerging in the US a few years ago, kratom has been unregulated at the federal level, although the Food & Drug Administration began seizing shipments of it in 2014. At the state level, a half dozen states have entertained moves to ban it, but such efforts failed in all except Alabama. In other states, kratom advocates have managed to turn bans into regulation, with age restrictions and similar limits.

Kratom capsules (Creative Commons/Wikipedia)
A ban on kratom would be disastrous, said Susan Ash, founder of the American Kratom Association. Ash said she had been diagnosed with fibromyalgia in 2006 and ended up essentially disabled under the weight of 13 different prescriptions, including opioids, benzodiazepines, and amphetamines (to counter the opioids and the benzos). She became addicted to the opioids and finally tried kratom as a last resort.

"I didn't really want to have anything to do with a plant, but I decided to try it, and it worked day and night," she said Tuesday. "Within two weeks, I went from home bound to starting this organization."

With the kratom ban looming, her members are facing "our darkest hour," Ash said. "Our average member is a middle-aged woman, about 40% of whom have experienced addition, and tens of thousands of them are using it as an alternative to pharmaceutical medications because they believe it is safer and more natural. Now, people are saying they are going to lose their quality of life, that they will be re-disabled. People are terrified. What we need is regulation, not prohibition."

"Despite the moral, political, and scientific consensus that drug use and addiction are best treated as public health issues, the DEA wants to subject people with kratom to prison sentences," said Jag Davies, director of communications strategy for the Drug Policy Alliance (DPA), which is also fighting the ban. "The DEA's move would also effectively halt promising scientific investigations into the plant's uses and medicinal benefits, including helping many people struggling with opioid addiction."

The scientific studies are promising indeed. Researchers at Columbia University just published a study on kratom alkaloids and found that they activate opioid receptors in a way that doesn't trigger respiratory depression, the lethal side effect of most opioids. Such research could lead to the "holy grail" of narcotic analgesics, a painkiller that doesn't kill users and doesn't get them addicted.

"Our research shows that mitragynine and its analogs activate the opioid receptors in a unique way compared to morphine or oxycodone," said Dr. Andrew Kruegel, one of the Columbia researchers. "They activate a certain protein pathway while avoiding other pathways, and that gives you a better safety profile, mostly for respiratory depression. The scientific data is consistent with an improved safety profile from the alkaloids and suggestive of the same with the raw plant," he explained.

"This new prohibition will really restrict our ability to purse new opioid painkillers based on alkaloids and new safer drugs for pain," Kruegel said.

And then some, DPA's Davies added.

"Placing kratom in Schedule I would place regulatory and funding barriers in front of research, drive users into the black market, and leave them facing lengthy prison terms," he said. "It's troubling that the DEA is moving hastily to criminalize kratom at the same time Congress and the president have been made sentencing reform a priority this year and when communities are grappling with unprecedented rates of heroin and opioid overdoses, the DEA is threatening to punish people for using it instead of potent pharmaceutical preparations. Kratom has a role to play in mitigating the opioid crisis."

But not if the DEA refuses to budge from its ban plan. If the DEA cannot be moved, kratom is illegal as of this coming Friday.

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