Category: Drugs

Crime and Violence Surge in Baltimore: Business Owners Have Had Enough

Many of the cities that have progressive District Attorneys are experiencing high spikes in crimes and criminal behavior  encouraged by policy changes that have reduced the consequences for crimes. The Baltimore Sun has this story on the response of many business owners to the lack of action being taken by city officials to address unacceptable levels of crime. “More than 30 business and restaurant owners in Fells Point are threatening to withhold taxes if city leaders do not address crime, trash and other issues they say are plaguing the waterfront neighborhood.” These issues include drug sales out in the open areas of the city and public drinking. The business owners have stated in a letter to the city that there needs to be more regulation and consequences for the crimes being committed. 

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Taxpayer Funded Heroin Injection Sites in California?

Politico has this story on the proposal for California to provide on-site medical care for individuals injecting illicit drugs, including, but not limited to heroin. The goal of SB 57 (Wiener, D San Francisco) is also to obtain immunity from federal enforcement for the professionals running the program and the drug-users. The most recent proposal awaiting legislative approval is for the California  cities of San Francisco, Oakland and Los Angeles to open and run these injection sites for five years to “test” the model. 

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CA Legislature Seeks to Legalize Psychedelic Drugs

Senate Bill 519 reads as follows:

This bill would make lawful the possession for personal use, as described, and the social sharing, as defined, of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, mescaline, lysergic acid diethylamide (LSD), ketamine, and 3,4-methylenedioxymethamphetamine (MDMA), by and with persons 21 years of age or older. The bill would provide penalties for possession of these substance on school grounds, or possession by, or sharing with, persons under 21 years of age. The bill would also provide for the dismissal and sealing of pending and prior convictions for offenses that would be made lawful by the passage of this bill, as specified. The bill would require the Department of Justice to identify those records and provide them to local jurisdictions to initiate the required proceedings.

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CA Senate Rejects Bill Cracking Down on Fentanyl Dealers

Yesterday Senator Melissa Melendez presented Senate Bill 350 to the California Senate Public Safety Committee in hopes it would be met with support. However, that was not the case for the majority of democrats on the committee. As defined in the article written yesterday by Katy Grimes of the California Globe, “[This bill] would require a court to issue an advisory to individuals convicted of selling or distributing controlled substances, to serve as a warning that if their action result in another person’s death, they could be charged with murder.” The goal of this bill in California is to address the high rise in Fentanyl-related deaths by holding the drug dealers accountable to the same degree the People v. Watson holds a drunk driver responsible under ‘implied malice’ (see last week’s blog post for more detail). 

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The Legalization of Marijuana and Its Link to Psychosis

A growing body of scientific studies suggest that marijuana use increases the risk of developing psychotic illnesses such as schizophrenia.  There is an ongoing debate among scientists regarding the exact nature of the risk, including whether the risk is largely confined to those who are already genetically predisposed to these illnesses.  But many scientists have raised the concern whether legalization of marijuana might lead to increases in these illnesses.

Which leads me to the current issue of JAMA Psychiatry, with the viewpoint article Balancing the Public Health Costs of Psychosis vs Mass Incarceration With the Legalization of Cannabis.  In essence, the article argues that marijuana prohibition is a unique risk factor for the development of psychotic illness.  How so, you may ask?   Let’s take a look.

First the authors make the observation that legalization of marijuana is a trend among the states.  They then make the very reasonable claim that marijuana use is associated with an increased risk of psychotic illness.  Then the authors state:

The US has the world’s highest incarceration rate, at 655 per 100 000 adults (followed by El Salvador at 590 per 100 000) and the world’s largest total prison population, at 2 121 600 (followed by China at 1 700 000), according to the World Prison Brief database. The criminalization of cannabis is a significant contributor with approximately 8 million cannabis-related arrests between 2001 and 2010, most owing to possession. Cannabis possession accounts for 36.8% of all drug use arrests in the US according to 2018 US Federal Bureau of Investigation data.

So, as written, the reader is to believe that many marijuana users are languishing in jail for mere possession.  If we dig into the some of the latest DOJ data, however, we learn that about 14% of the state prison population are serving time for drug offenses — and that includes both possession and distribution offenses.   To be sure, it is a nontrivial number of citizens, but anyone who works in the trenches knows that personal possession of small amounts of marijuana does not lead to a lengthy (if any) prison sentence.

Which matters as the authors then state:

Although psychosis is not the only form of psychological distress that may result from incarceration, it is worth considering the consequences of incarceration as a potential trauma or stressor that may contribute to the onset or exacerbation of psychosis given that psychosis risk is a primary argument raised against the legalization of cannabis.

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Fentanyl Deaths Skyrocket, Policy Responses Vary

An article by Joe Nelson of The Press-Enterprise from last week, highlights a few of the policy responses by California counties in regards to fentanyl-related overdoses. Mike Hestrin, district attorney of Riverside County explained, “In the last five years, the number of fentanyl deaths has doubled every year.” This increase is alarming, and is cause for immediate action to punish the drug dealers that are selling this lethal drug with the knowledge that it is deadly.  “During a Feb. 22 press conference, Hestrin announced Riverside County’s first Fentanyl-related murder charge…[for a man] who in October allegedly sold Fentanyl-spiked drugs to [an] 18 year old.” Hestrin is responding to the spike in deaths by attempting to deter the sale of drugs containing Fentanyl by charging the sellers with murder if an individual has a fatal overdose due to the ingestion of the drug. 

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Addicts for Incarceration

Deseret News has this op-ed collectively written by The Other Side Academy.

We are a group of former longtime felons and drug addicts. Collectively we have been arrested over 400 times. Between us, we’ve been incarcerated for well over 150 years. And that was the best thing you could have done for us. Continue reading . . .

Washington Homeless Shelters Support Drug Use

In this article from 2017 Bob Young and Vernal Coleman from the Seattle Times reported on the status of homeless shelters in the early stages of planning that allow and aid in the residents’ use of illegal drugs, including heroin. According to Dr. Jeffrey Duchin, “The idea is that users could visit a supervised facility where they could get clean needles and anti-overdose medications as well as medical attention as needed and treatment options.”

The article written by Young and Coleman in 2017 was a preview of what was to come in just a few short years. According to this article yesterday by Jason Rantz of KTTH, “A Seattle-backed homeless shelter is instructing addicts to smoke heroin and inject drugs rectally. And the shelter is using tax dollars to help get addicts high.” Rantz acknowledges the dangers in encouraging use of heroin and brings to light the posting of flyers in public areas to inform the general public of the most ideal ways to administer heroin.

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What Passes as “Scholarship” About Drug Sentencing

A recent article featured on Sentencing Law and Policy reminded me of why my first career was with the Justice Department and I came to legal academia only later.  The gist of the article  —  written by a law professor and appearing in SSRN  —  is that drug sentencing is a product of an ignorant electorate’s “moral panic,” and that the Supreme Court should rein in us wahoos by deciding for us what drug sentencing should be.

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