Business
Decriminalize All Drugs, Including Lab-Made Synthetic Drugs? – Portugal Revolutionizes the War on Drugs
Portugal goes all in for drug users being patients and not criminals
In his childhood near Lisbon’s Casal Ventoso neighborhood, photographer Gonçalo Fonseca witnessed the rampant drug trade, with 5,000 addicts wandering the streets during the 1990s. Portugal faced a heroin addiction crisis, with 1% of the population hooked, and HIV infections were soaring. The government’s response involved harsh policies and a focus on criminalization, similar to the U.S. approach, but it proved ineffective. As Casal Ventoso faced demolition in 2001, Américo Nave from the outreach NGO Crescer worked with the afflicted, witnessing horrifying conditions.
In a groundbreaking move, Portugal took a radical step in 2001 by becoming the first country to decriminalize all drug consumption. Instead of criminal punishment, drug users received support and medical care. This shift significantly departed from conventional approaches and became a potential model for other nations grappling with drug-related issues.
The War on Drugs
Over the past seventeen years, the U.S. has been grappling with its worst addiction epidemic in history, with opioid overdoses causing an estimated 64,000 deaths in 2016 alone—exceeding the combined toll of American deaths in major wars. In contrast, Portugal’s drug-induced death rate has significantly dropped, standing at one-fiftieth of the U.S. rate, with reduced HIV infection cases and declining drug use among vulnerable populations.
In 2017, photographer Gonçalo Fonseca observed Lisbon’s drug outreach efforts and noticed the stark contrast in approach between the U.S. and Portugal. He acknowledged the different contexts of both countries but believed there were lessons to be learned from treating drug addiction as a medical issue rather than a criminal one.
Portugal’s drug crisis escalated rapidly after the country’s shift to democracy in 1974, as soldiers returning from ex-colonies brought various drugs. A lack of preparedness and knowledge about drug risks led to a crisis affecting all social classes. In 1998, João Goulão and experts recommended a change in approach, treating drug addicts as patients needing help rather than criminals. This allowed the police to focus on traffickers while the government invested in treatment and harm reduction practices. Consequently, the social cost of drug misuse decreased, and the percentage of people in prison for drug law violations significantly reduced.
Portugal’s success in decriminalization and prioritizing treatment offers valuable insights for other countries facing drug-related challenges, despite the unique complexities of each nation’s situation.
Almost Two Decades Later
Portugal’s Crescer outreach team has been walking the same route in a Lisbon suburb since 2001, providing heroin and cocaine addicts with clean needles, tin foil, and psychological support. Approximately 1,600 users receive help from the team annually, helping them with safer consumption practices and offering a chance for recovery.
The Portuguese Harm Reduction Policy, led by young nurse Joana Frias, is vital in reaching out to drug users and ensuring they receive the help they need. Instead of judgment, the team offers assistance and support, allowing users to decide when to seek treatment.
Under Portugal’s 2001 law, drug dealers still face imprisonment. Still, individuals caught with small drug quantities, even marijuana, and heroin, are directed to local commissions by doctors, lawyers, and social workers. These commissions educate them about treatment options and available medical services. The country does not differentiate between “hard” and “soft” drugs or whether drug consumption occurs privately or publicly; the focus is on the user’s overall relationship with drugs and their well-being.
Apart from outreach programs, the panel led by João Goulão proposed supervised drug consumption facilities. These facilities have proven successful in various European countries and Canada, saving lives, reducing public disorders associated with drugs, and curbing the spread of HIV and Hepatitis C. However, implementing such facilities remains contentious in Portugal and the United States.
Portugal’s approach to drug addiction involves decriminalization and prioritizing health-oriented solutions, allowing people to seek treatment more readily without fear of criminal repercussions. Between 1998 and 2011, the number of people in drug treatment increased by over 60%, and a significant proportion received opioid substitution therapy.
Portugal’s focus on treating drug addicts with dignity and empathy has had a profound impact. By investing in treatment and harm reduction practices, the country has reduced the social cost of drug misuse and decreased the incarceration rate for drug-related offenses. Providing opioid-substitution therapy has been a crucial part of the strategy, significantly increasing people seeking help for their addiction. Portugal’s success in this area provides valuable lessons for other countries struggling with addiction epidemics.
Critics argue that Portugal’s drug culture has become too permissive, pointing to increased drug experimentation since 2001. However, the policies have endured through conservative and progressive administrations due to widespread public support for decriminalization and a focus on health-centered solutions.
Some experts claim that Portugal’s success has been exaggerated, as lenient enforcement of anti-drug laws existed even before the 2001 legislation. Nonetheless, on the ground in Portugal, healthcare workers are better equipped to assist addicts, and despite austerity measures, outreach teams continue to provide support.
Portugal still faces challenges, with some individuals using drugs in dire conditions. Nevertheless, the lesson to be learned from Portugal’s approach is to treat drug users with dignity, providing them with the tools to rebuild their lives without excessive spending. Such a shift in perspective requires an end to treating drug users as criminals, allowing them to seek help and recovery without fear of judgment or punishment.
Conclusion
Portugal’s trailblazing decision to decriminalize drug consumption, particularly synthetic drugs, has transformed the country’s approach to drug addiction. By treating drug users as patients needing help rather than criminals, Portugal has significantly reduced drug-induced deaths and HIV infections while providing a platform for addicts to seek treatment voluntarily.
The success of this revolutionary policy lies in its emphasis on harm reduction, compassionate treatment, and support for individuals struggling with addiction. While challenges and controversies persist, Portugal’s experience offers valuable insights and inspiration for other countries seeking solutions to their drug epidemics. Ultimately, the lessons learned from Portugal’s groundbreaking approach could pave the way for a more humane and effective global strategy in the War on Drugs.
Business
New Mexico cannabis operator fined, loses license for alleged BioTrack fraud
New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.
The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.
Golden Roots operates the The Cannabis Revolution Dispensary.
The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.
The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.
Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.
After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.
In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.
The company requested a hearing, which the regulator scheduled for Sept. 1.
At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.
Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.
Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.
The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.
Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/
Business
Marijuana companies suing US attorney general in federal prohibition challenge
Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.
According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”
Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.
The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”
The companies want the case to go before the U.S. Supreme Court.
They hired prominent law firm Boies Schiller Flexner to represent them.
The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.
Similar challenges to the federal Controlled Substances Act (CSA) have failed.
One such challenge led to a landmark Supreme Court decision in 2005.
In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.
In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.
Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.
“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.
“Moreover, the facts on which those precedents are based are no longer true.”
Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”
While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.
“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”
Business
Alabama to make another attempt Dec. 1 to award medical cannabis licenses
Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.
The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).
Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.
Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.
That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.
Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.
Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.
A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.
Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/
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