Bill creating fee on opioids clears first hurdle

www.delawarestatenews.net/government/bill-creating-fee-on-opioids-clears-first-hurdle/

DOVER — Legislation that would create an opioid fee passed out of committee Wednesday, although it will likely be amended to deal with concerns raised by the Department of Health and Social Services and others before receiving a floor vote.

Senate Bill 176 would establish a fee on opioids of 1 cent per morphine milligram, paid by manufacturers. The measure was debated for about an hour in the Senate Health, Children & Social Services Committee and ultimately was released to the full Senate.

Advocates urged lawmakers to support the proposal, saying it would save lives by giving the state more tools to combat drug addiction, which claimed the lives of 306 people in Delaware in 2016. A majority of those deaths were due to opioids.

Sen. Stephanie Hansen, a Middletown Democrat who is the main sponsor of Senate Bill 176, made an impassioned plea for her colleagues to back the legislation, insisting lawmakers hold “Big Pharma” accountable and do more to help Delawareans.

“Everybody here is paying for this already. You are already paying,” she said. “You are paying through your health insurance, No. 1 or your plan, and the cost of that health insurance. You are paying through your taxes, with all the programs we are currently running at DHSS, through our criminal justice system.

“You are paying when your car gets broken into and you go out in to the morning and your CD player, everything you have in there, is stolen because the person who has broken in there is feeding a habit that they have.

“You are paying in anguish, in family anguish and the lives of our children, of our parents. Grandparents are dying as a result. The only folks that are not continuing to pay as this ramps up are the ones that are actually fueling the fire. That’s why this is so important.”

According to a legislative estimate, the bill would generate around $8.6 million in the first year.

The measure states companies cannot pass the cost along to consumers and would give the Delaware Department of Justice the authority “to recover direct economic damages resulting from a violation.”

But despite the strong support from some advocates, several state agencies and industry representatives expressed concerns about certain aspects of the bill.

Deputy Health & Social Services Secretary Molly Magarik said the measure would lead to additional work DHSS may not be currently equipped to handle and could result in higher costs for consumers despite the intent of the bill. Finance Secretary Rick Geisenberger, meanwhile, noted a poorly written proposal could lead to expensive lawsuits against the state and create new headaches.

Gov. John Carney’s office also has some concerns with the language of the bill and the exact impact the legislation would have.

 

Representatives of opioid manufacturers agreed the proposal could hurt patients and expressed a desire to work with the state in other ways to fight the epidemic.

“Opioids offer life-enhancing and therapeutic benefits for those with various conditions like chronic pain, acute postsurgical pain and painful conditions like cancer that, when misused and abused, can result in devastating and life-threatening consequences,” Sharon Brigner, deputy vice president of state advocacy at the Pharmaceutical Research and Manufacturers of America, told the committee.

“This legislation would impose a tax that would unfairly target the pharmaceutical manufacturers as the only stakeholder in the supply chain responsible for funding programs to treat and prevent drug abuse, and it will detract from our ability to focus on our mission, which is to invest in future research and development in … medicines like non-opioid alternatives. In addition, we strongly believe that no medicine should ever be taxed that patients need.”

Money collected by the bill would go to a special fund to be overseen by the Department of Health and Social Services, with the Behavioral Health Consortium and Addiction Action Committee offering recommendations on how exactly revenue should be spent.

Those dollars could be used for starting treatment programs, purchasing a medication that can counteract the effects of an overdose, reimbursing state Medicaid spending on drug addiction, assisting addicts without health insurance and covering administrative costs.

Under the measure, a 10-milligram oxycodone pill, for instance, would require the manufacturer to pay an extra 15 cents to the state.

Some people believe pharmaceutical companies covered up the risks of opioids, intentionally overprescribing without regard to the potential consequences.

“Opioid manufacturers misrepresented the addictive nature of their products,” Attorney General Matt Denn said in a January statement.

“They, along with national opioid distributors and national pharmacies, knew that they were shipping quantities of opioids around the country so enormous that they could not possibly all be for legitimate medical purposes, but they failed to take basic steps to ensure that those drugs were going only to legitimate patients.

“These companies ignored red flags that opioids were being diverted from legitimate channels of distribution and use to illicit channels. The failure of these corporate defendants to meet their legal obligations has had a devastating impact on Delawareans.”

Manufacturers have denied the claims.

In recent years, governments have begun taking steps to fight substance abuse by focusing on treating and preventing it rather than punishing addicts. They have also, in some cases, gone after major drug companies.

Dover City Council in February announced it was filing a lawsuit against Big Pharma, one month after the Delaware Department of Justice said it would sue drug manufacturers, distributors, and retailers.

Other states have attempted to create new taxes or fees on opioid medications, with New York recently enacting a budget that contains fees for opioid distributors and manufacturers.

According to the Department of Justice, there are more than 50 opioid pills in Delaware for every person.

“The statistics of the cost are clear in dollars and cents. They’re even more clear in the cost of human lives that the crisis has cost families in Delaware and the nation,” Dave Humes, a board member of atTAcK addiction, said Wednesday.

Reach staff writer Matt Bittle at mbittle@newszap.com

While Trump is talking about getting the Pharma’s to get into “bidding” to lower Rx prices… in DE they are adding a tax to be paid for by the Pharmas’.

Apparently these politicians have never heard the statement that “… companies don’t pay taxes… people/customers pay taxes…” and they have put in place a “means” of monitoring efforts of the Pharmas’ to pass this tax along to customers…  and… just how much is it going to cost and how large a new bureaucracy is going to have to be created to TRY and enforce this provision of “no pass thru to the end customers ” ?

13 Investigates: CBD oil poses risk for failed drug tests

13 Investigates: CBD oil poses risk for failed drug tests

https://www.wthr.com/article/13-investigates-cbd-oil-poses-risk-for-failed-drug-tests

INDIANAPOLIS (WTHR) — Armed with a new law that legalizes CBD oil in Indiana, thousands of Hoosiers are now taking the dietary supplement for arthritis, epilepsy, Parkinson’s Disease and other medical conditions.

But while many people report CBD oil effectively reduces or eliminates their pain, others worry it might eliminate their job.

“I stand to lose everything I’ve worked so hard for,” said Keith Krulik. “I think a lot of people and a lot of employers don’t really understand what is going on here.”

Krulik owns a small company that transports Medicaid patients to their doctor’s appointments. He contacted 13 Investigates after a recent employment drug test showed his urine tested positive for marijuana.

“I don’t use marijuana. Never have. Never!” Krulik told WTHR. “I take CBD oil for migraine headaches, and it showed up on my drug test. Now they think I’m pot head. I haven’t done anything wrong, but I’m being penalized anyway.”

Keith Krulik owns a transportation company. He worries a positive drug test resulting from legal CBD oil use could cost him a major part of his business. Being totally ѕоld on nеutrасеutісаlѕ as being thе new аgе еrrоr tо holistic health I offer уоu 13 роwеrful rеаѕоnѕ tо соnѕіdеr Turmеrіс аnd CBD Oil tо your аrѕеnаl from Kushie Bites. Come and сhесk оut why fear іѕ now bеіng сrеаtеd around these аltеrnаtіvеѕ.

Krulik’s test results raise questions for thousands of CBD oil users who are subject to routine or random drug testing. It is a cautionary tale not only for those who use CBD oil, but also for employers whose mandated drug testing could detect a legal product and report it as an illegal substance.

Stunned and humiliated

After battling debilitating migraine headaches for nearly four decades, Krulik began taking CBD oil in October. He noticed an immediate impact.

“I know it sounds dramatic, but to me this thing is a wonder drug,” said Krulik, who has been able to wean from four medications down to one since taking CBD oil. “Have not had a migraine since October. Not one. I have no pain. It’s amazing.”

The business owner says he was not concerned when he learned all of his employees would be required to take a drug test to maintain their contract to transport Medicaid patients. Each of the drivers agreed to a urinalysis in late March, and all of the results came back quickly — except for one. Krulik would not receive his results for nine days. When the initial screening showed the presence of THC, Krulik’s urine was then sent for a second confirmatory test. They show he tested positive for marijuana.

“I was stunned. I was humiliated. I was angry,” he said. “I take CBD oil from hemp. It’s not marijuana. But when I spoke with the company’s medical review officer, he couldn’t care less that I was taking CBD oil. He just kept saying I must be using marijuana. How can they not understand the difference between marijuana and hemp?”

CBD oil and marijuana are different. While both come from cannabis plants, they come from different varieties of cannabis that have very different qualities. Marijuana comes from cannabis plants with short stalks that are prized for their leaves. Those leaves contain high levels of THC, a psychoactive compound that can cause users to feel “high.” CBD oil is extracted from a type of cannabis called industrial hemp that features tall stalks with strong fibers used in clothing, rope and many industrial purposes. Unlike marijuana, industrial hemp contains little or no THC and cannot create a psychoactive high.

Because most CBD oil contains only tiny amounts of THC, Indiana lawmakers overwhelmingly approved legislation to legalize CBD products earlier this year. Gov. Eric Holcomb signed the bill into law in late March, legalizing CBD oil products that contain no more than 0.3 percent THC.

Krulik told WTHR he believed the brand of CBD oil he had been taking daily falls within the state’s permissible limit. 13 Investigates sent that oil to a certified laboratory that specializes in cannabis testing to verify its THC concentration.

A certificate of analysis from PSI Labs shows the CBD oil contains .018 percent THC — well below Indiana’s legal limit for THC at roughly one-sixteenth of the maximum allowable THC.

“I’m following the law, but I guess that doesn’t matter,” Krulik told WTHR. “I will lose all of my clientele and I will have to transfer my business someplace else if this isn’t figured out, and right now nobody will listen.”

Testing limitations

Confusion about CBD oil and whether it can trigger a positive reading on a drug test was obvious this winter as Indiana lawmakers debated legislation to legalize the product. Several of the bills considered in the General Assembly included provisions that would have prevented an employer from firing a worker for failing a drug test due to using CBD oil with permissible amounts of THC. Lawmakers eventually removed the wording after hearing anecdotal reports that low levels of THC would not be detected on drug tests.

 

But employees at drug testing labs around central Indiana told WTHR they are confused, too — unsure whether CBD oil will trigger a positive test result for marijuana.

13 Investigates hired a private lab to analyze THC levels in a dose of CBD oil. Results show the THC is well below Indiana’s legal limit but may have still triggered a positive drug test.

“I do not have any idea. I would Google it to find out,” said a worker at a local LabCorp facility.

LabCorp, the company that received Krulik’s urine sample, processes millions of employment drug tests each year. LabCorp corporate officials declined to speak with WTHR about their testing procedures and the detection of THC from CBD oil. But in an email, a LabCorp spokesman told WTHR “it is likely that the THC would not be detectable” for individuals who consume a standard recommended daily dosage of a CBD product that has extremely low levels of THC.

LabCorp did not address why Krulik’s urine sample tested positive for marijuana despite the business owner using only one tablespoon daily (the manufacturer’s recommended dosage) of CBD oil that contains miniscule amounts of THC.

Particularly disturbing to Krulik is how tests results are reported to employers. Under Indiana law, marijuana is illegal; however, tiny amounts of THC (0.3 percent or less) from CBD oil are now legally acceptable. Yet many employment drug screens report the detection of THC as “marijuana metabolite.” Employers receiving the report are left with a presumption that the source of THC detected on the drug screen is marijuana. But the reality, according to drug testing labs, is urine drug testing cannot differentiate whether THC comes from marijuana or from CBD oil.

“They do not discern the product or method by which it was ingested,” wrote Don Von Hagen, LabCorp’s vice president of corporate communications.

If you are subject to drug tests, experts suggest:

  • Use CBD oil with 0% THC
  • Take lowest potency/dosage that relieves symptoms
  • Tell employer you use CBD oil before the test

Some experts say current drug screening protocols can therefore pose serious problems for those who take CBD oil.

“If you do a marijuana screen, it will come back positive if it detects any type of cannabis, and there’s almost no amount they cannot detect,” said Dr. John Bederka, a toxicology expert who has served as laboratory director of Accu-Lab Medical Testing and former toxicology head of the University of Illinois Medical Center’s Abraham Lincoln School of Medicine. “If the test is set up to look for THC acid, the test doesn’t care where that THC comes from. Any amount, no matter how little, makes you a drug addict. It’s about as dumb a thing as you can imagine. There’s no way to objectively use the numbers to determine if someone is clinically impaired, but people are still subjected to the tests and being made out to be drug users.”

“Everyone went Whoa!”

An inability of employment drug tests to differentiate between marijuana and CBD oil is prompting some employers to now re-think their drug testing policies.

“The mayor and I have been talking, and I think we’re going to re-do our policy, or at least amend it in some manner in the next couple of weeks,” said Fred Lewis, the city of Seymour’s clerk and treasurer. Lewis has been taking CBD oil for two months to ease his chronic arthritis pain.

Seymour city officials want to know if CBD oil will show up on drug tests. Several employees, including police officers, want to use the supplement.

“This has completely done away with that. In my case, it’s a night and day difference,” he told WTHR earlier this week, holding a bottle of CBD pills that he purchased from a nearby retailer. “I couldn’t walk to the post office seven weeks ago. Now I walk to the post office and don’t think anything about it. I’m a whole different person.”

Lewis shared his story with co-workers, and he says at least four other city employees now use CBD oil, too. More want to start.

“The police chief came over and said ‘You taking CBD?’ I go ‘Yeah,’ and he goes ‘A bunch of my officers want to take it,’ explained Lewis. “He was worried about the liability and if they could pass a drug test if they’re taking CBD oil because we do random drug testing.”

Knowing the potential benefits of CBD oil firsthand, Lewis wanted answers, and he wanted to help. He came up with a plan and presented it to the city’s human resources director.

“I just told her ‘I’ll take a drug test. I’ll be the guinea pig, and see what happens,” said Lewis, who takes one capsule of CBD oil daily. He voluntarily took a urinalysis test last week and quickly got the results: positive for marijuana.

Indiana’s new law allows anyone to buy and use CBD products with less than 0.3% THC.

“Of course everyone went “Whoa!'” Lewis told 13 Investigates. “I’ve never taken marijuana in my life, wouldn’t even know it if I saw it.”

Following standard procedure for a positive drug screen, the longtime city clerk’s urine was tested a second time. Those results were negative, showing he was not taking any illegal drugs. The differing results have left city officials with questions.

“What are we supposed to do? A lot of people are hearing about [CBD oil] and interested in it, and I don’t think it causes any problems,” Lewis said. “It’s legal, but we still need to find out if other people can use it without getting in trouble. It’s something we’re going to talk about with the [city] council.”

Drug testing “chaos”

Kevin Betz, an Indianapolis attorney who specializes in employment law, says employers should not be afraid of CBD oil.

“At some point, adult reasoning and common sense come into play. If we’re talking about trace levels of THC that have been declared by the state legislature and the governor as legal, it’s hard to enforce a workplace policy against a product when it doesn’t alter the physical or mental status of an individual to perform the functions of their job,” Betz said.

He believes employers should use caution before taking employment action against workers who use CBD oil. Betz says some of those employees may be protected under the Americans With Disabilities Act. The federal law prohibits large employers from discriminating against employees who take legal medications to treat a disability.

“If this is solving an individual’s disability, they become a more productive employee. Why would you want to fire somebody for being productive,” Betz asked. “My advice is: if you know you’re having a drug test and you’re using CBD oil, I would disclose that so this doesn’t come back as a surprise to the supervisor. A disclosure is necessary to be protected by the act.”

The US Food and Drug Administration does not currently recognize CBD oil as a medication. (It is reviewing a CBD-oil type of drug for approval). And ADA rules have been challenged when it comes to products derived from cannabis because the plant is still considered a Schedule I drug under federal law.

CBD products are typically derived from industrial hemp plants, which contain very little THC.

When an employee fails a drug test, the case is normally reviewed by a medical review officer (MRO) who then makes an employment recommendation to that individual’s employer. Those doctors are supposed to ask employees if there is an alternative explanation for a positive drug test, but when the test involves marijuana, medical review officers often have little discretion.

“MRO’s generally don’t wade into whether there is an alternative medical explanation for that. They simply report back to the employer that there is a positive test. They leave it up to the employer to determine if there is a violation of the employer’s policy,” said Barry Sample, senior director of science and technology at Quest Diagnostics. As one of the nation’s largest drug testing laboratories, Quest Diagnostics performed more than 10 million workforce drug tests in 2017.

Dr. Leon Gussow, a medical toxicologist in Chicago, echoed Sample’s comments.

“The MRO is bound to follow the rules, and if the test looks legitimate, they have to call it a true positive,” he said. “Employers really aren’t interested in where the THC comes from, and that results in some patients getting screwed, in my opinion. Right now, marijuana drug testing for employment is in transition and in chaos. It’s something someone is going to have to figure out.”

Sample believes employers may now need to review their drug testing policies to factor in the growing popularity of CBD oil, which could produce a positive marijuana reading for employees who do not smoke marijuana.

“There’s always that risk. It depends on the concentration, how it’s used and how much is used,” Sample said. “Employers also need to be aware there could be people who are smoking marijuana and now want a ‘get out of jail free card’ by claiming they are using CBD oil. It’s a complex issue.”

Until that issue is resolved, it could discourage some consumers from using CBD oil. It could cost others their livelihood.

 

Tips for CBD oil users

Toxicologists say taking CBD oil with low levels of THC likely will not show up on an employment drug test. But if you take CBD oil and are subject to routine or random drug screens, experts suggest you take these steps to help avoid problems:

  • Choose CBD oil that is clearly marked ZERO THC. (Some companies offer CBD products that have a small amount of THC and others that contain no THC.)
  • Use the lowest potency and dosage possible to achieve your desired results. Higher doses and more potent CBD oil may increase the risk of a positive reading on a drug test.
  • Tell your employer you are taking CBD oil before the test results come back to avoid any possible surprises.

Raided addiction recovery center has history of donating to state lawmakers

Just follow the money trail ?

https://www.knoxnews.com/story/news/politics/2018/05/10/ice-raid-watauga-recovery-centers-tennessee-lawmakers-donations/599087002/

An East Tennessee addiction recovery center that was recently raided by federal drug enforcement agents has contributed more than $20,000 to various legislators and their political action committees in the last four years.

On May 2, the federal Drug Enforcement Administration raided Watauga Recovery Centers, an addiction treatment clinic with locations in East Tennessee, North Carolina and Virginia.  

Although no one was arrested or charged with a crime, agents looked for medical and financial records, said Dr. Tom Reach, the founder and president of the clinic, according to WJHL.

The $20,000 in contributions are listed as coming from Reach and the center itself. 

The East Tennessee television station initially reported that DEA spokesman Jim Scott said search warrants were issued for multiple locations. Scott refused to answer questions from the USA TODAY NETWORK – Tennessee, referring inquiries to the U.S. attorney’s office.

A spokesman for U.S. Attorney Doug Overbey’s office directed questions to an office in Virginia, which declined to comment.

Reach and a spokesperson for the clinic did not respond to a request for comment.

In the last four years, Reach has donated $14,500 to nine lawmakers, according to campaign finance records.

 

In addition to Reach’s donations, Watauga Recovery Centers has donated an additional $8,400 to many of the same politicians, including the political action committee of the House Republican Caucus.

Among the top recipients of donations from Reach and Watauga Recovery are Reps. Matthew and Timothy Hill.

Since 2015, Matthew Hill, R-Jonesborough, has received $4,700 in contributions from Reach and the recovery center. His brother, Timothy Hill, R-Blountville, received $2,500 from Reach and the center over a two-year period.

In a joint statement, the Hill brothers said they were surprised to learn about the “DEA visits” to the clinic.

“They have a reputation for successfully treating patients with addiction issues in our community and have often been recognized for their standard of care,” the Hills said, adding they were learning about the developments through the media.

 “Based upon these reports, it appears this situation is one that will likely resolve itself in the coming days.”

Beyond the Hills, Rep. Micah Van Huss, R-Jonesborough, also received contributions totaling $1,500 in 2016 from Reach and the recovery center.

In 2016 and 2017, Van Huss reported Watauga Recovery Centers as a source of income. His latest statement of interest no longer lists the business as a source of income.

In an interview, Van Huss said he made the company’s website at the cost of about $2,600.

Van Huss said he included the business as a source of income in 2017 because he updated the website.

He pointed out that he was not the only one to receive money from Reach and the center.

“They’ve given to other politicians too,” he said.

Others lawmakers to receive donations from Reach or the recovery center in recent years include former Lt. Gov. Ron Ramsey, Reps. John Holsclaw and Cameron Sexton and Sen. Jon Lundberg — who received the money when he was a member of the House.

Former Reps. Dennis Brooks and Tony Shipley also received contributions from Reach and the center.

Reach Joel Ebert at jebert@tennessean.com or 615-772-1681 and on Twitter @joelebert29.

 

Legalizing MJ will cause “drug dogs” to be euthanized ?

Illinois police: Keep pot illegal — or we’ll kill the dog

https://www.washingtonpost.com/news/the-watch/wp/2018/05/08/illinois-police-keep-pot-illegal-or-well-kill-the-dog/

As Illinois lawmakers debate whether to become the 10th state to legalize recreational marijuana, a few law enforcement officials in the state have put forth this bizarre argument:

If Illinois legalizes marijuana for recreational use, law enforcement officials fear job losses for hundreds of officers — specifically, the four-legged kind.

Police agencies spend thousands of dollars and months of training to teach  dogs how to sniff out and alert officers to the presence of marijuana, heroin, cocaine and other drugs. If pot use becomes legal, the dogs would likely either have to be retrained — which some handlers say is impossible or impractical — or retired.

“The biggest thing for law enforcement is, you’re going to have to replace all of your dogs,” said Macon County Sheriff Howard Buffett, whose private foundation paid $2.2 million in 2016 to support K-9 units in 33 counties across Illinois. “So to me, it’s a giant step forward for drug dealers, and it’s a giant step backwards for law enforcements and the residents of the community.”

Later in the story, a K-9 trainer suggests some or most of the dogs will need to euthanized.

(By the way, if you think it’s weird that a sheriff would have a “personal foundation” capable of spending more than $2 million on drug dog units for other police departments, so did I. It turns out that Sheriff Buffett is the middle child of the billionaire Warren Buffett.)

There’s a lot to unpack here. First, I’d dispute Buffett’s assertion that legalization is a “giant step forward for drug dealers.” This is true only if you consider retailers who sell marijuana legally to be “drug dealers.” If by “drug dealers” you mean cartels and kingpins who sell the drug on the black market and use violence to settle disputes, legalization is actually pretty bad for them.

But let’s get back to the dogs. Even if it were true that marijuana legalization in Illinois would mean that all drug dogs in the state had to be euthanized, that isn’t an argument to keep marijuana illegal. I’m a dog person. But the drug war is not a make-work program for canines. Second, nine states have already legalized medical marijuana. As far as I know, there hasn’t been mass euthanization of drug dogs in those states. Third, the law enforcement officials in the article argue that even if the dogs aren’t euthanized, they have been very expensive to purchase and train, and replacing them or retraining them to disregard marijuana and alert only to other drugs will be expensive. This, again, is not a persuasive argument for keeping marijuana illegal. The debate is really over whether we should be locking people up over a mostly harmless drug. If it’s wrong to do so, the fact that we’ve already spent a lot of money on a system to enforce a policy we now believe to be wrong is an argument against continuing that policy, not in favor of it. Put another way, if you think marijuana prohibition is justified, then spending money on drug dogs is justified. If you think marijuana prohibition is immoral, how much money we’ve already spent on enforcing that policy has no bearing on whether we should continue spending money on that policy in the future.

But if we are going to talk about cost, do you know what else is expensive? Arresting and jailing people for pot. The Chicago Reader estimated that in 2010, Cook County alone spent more than $78 million arresting and prosecuting people only for possession of marijuana. If we’re really worried about the golden years of drug dogs, that kind of money could purchase them a pretty nice retirement community. I’m thinking bubbling streams, platinum fire hydrants every few feet and a lifetime supply of top-shelf kibble.

But I want to address another part of this story that isn’t getting much attention. I’ve written quite a bit about drug dogs in Illinois, and it turns out they’re pretty terrible at detecting drugs. In 2011, the Chicago Tribune published a review of drug dog searches conducted over three years by police departments in the Chicago suburbs. Just 44 percent of dog alerts led to the discovery of actual contraband. For Hispanic drivers, the success rate dipped to 27 percent. The following year, I obtained the records of an Illinois State Police drug dog for an 11-month period in 2007 and 2008. In nearly 30 percent of cases where the dog “alerted” no drugs at all were found. In about 75 percent of cases, the dog alerted either to no drugs or to what police officers later described as “residue,” which basically means no measurable quantity of a drug and not a significant-enough amount to merit criminal charges. Only 10 percent of the alerts resulted in a seizure of a large-enough quantity of drugs to charge someone with a felony.

This is pretty consistent with statistics from other states, as well as one fascinating academic study, which have shown that drug dogs are far more likely to merely confirm the hunches and suspicions of their handlers than they are to independently detect illicit drugs. The dogs’ high error rates often make them no more accurate than a coin flip. The problem of course is that the entire purpose of the Fourth Amendment is to protect us from searches based solely on a government official’s hunch or suspicion. There’s a reason some legal scholars call drug dogs “probable cause on a leash.”

The K9 trainers I’ve interviewed over the years have told me that drug dogs could actually be trained to only alert when there is a significant quantity of an illicit drug — that is, to ignore “residue.” The reason they aren’t is that police departments don’t want them trained that way. They want dogs that alert as often as possible. They want the dogs to err on the side of false alerts.

Why would police want a dog that falsely alerts? That’s the exact question the late Supreme Court Justice Antonin Scalia asked in a drug dog case a few years ago. The answer is incentives. Searches can lead to evidence of other illegal activity. One incentive is that police officers, particular those in drug enforcement, often evaluated based on the raw numbers of arrests. More searches mean more opportunities to make arrests.

But the more important incentive is civil-asset forfeiture. If the police find even the slightest bit of pot, sometimes even just residue, they can often justify taking a driver’s cash, jewelry or even the car itself. The owner of the property — even if completely innocent — then must endure a number of legal and procedural barriers to getting the property back. Take, for example, the K-9 whose records I reviewed several years ago.

In one case, the discovery of 2 grams of marijuana led to the seizure of $5,190 in cash. In another, 2 grams of pot led to the arrest of the vehicle’s seven occupants and seizure of the $2,000 they had between them. In another, 3 grams of marijuana led to 9 arrests and seizure of $2080. In yet another, one motorist caught with 1.2 grams of pot was arrested and forfeited more than $9,000. Another motorist wasn’t arrested, but had more than $2,000 in cash taken from him because the officer found what he says in the report was marijuana residue. It’s unclear if the residue was either subjected to a field test or taken to a lab for testing.

So over 11 months, this drug dog with an error rate of somewhere between 30 percent and 70 percent may have subjected dozens of people to illegal searches, but the pooch also brought in $11,000 for the state police. The dog is, er, a cash cow.

One particularly lucrative part of the state for police is the I-55/I-70 corridor near the town of Collinsville, which brings in a half-million dollars or more per year for local police. A local police officer pulled over Terrance Huff in 2011 while he was returning from a “Star Trek” fan convention. After the dog “alerted,” the cops searched Huff’s car from top to bottom. They found only what they called “shake,” or marijuana residue. K9 trainers who watched the video of the stop say the dog and officer interactions look like a dog that alerted on command, rather than when the dog detected an illicit substance. Huff later sued. During discovery for his lawsuit, he learned that the officer who pulled him over sometimes “trained” his dog by rubbing marijuana on the bumpers of cars parked in motel parking lots. If those cars were to be later pulled over and sniffed — voila! — instant probable cause for a search.

The police in Illinois aren’t worried about the well-being of drug dogs. They’re worried about the well-being of drug cops. Lots of law enforcement jobs — K9 cops, drug task forces, narcotics detectives — depend on the government’s continued pursuit of marijuana. So, too, do the revenue streams of many police departments and prosecutors’ offices. When there’s a threat to that revenue, they’ll do anything to protect it, including making threats to euthanize dogs, or warning that if we dare to stop cops from taking money from people without due process, we’ll soon see headless bodies hanging from bridges.

Illinois cops have been using their police dogs to violate the rights of people living in or passing through that state for decades. If marijuana legalization puts a damper on that practice, that’s a feature of reform, not a bug.

Our Government Is Murdering Its Own Citizens

https://www.painnewsnetwork.org/stories/2018/5/9/our-government-is-murdering-its-own-citizens

By Lee Horton, Guest Columnist

I am about to start raising holy hell because I now have nothing to lose. The doctor that has been taking care of me the last 5 years is suddenly scared to death and cutting my pain meds, while my insurance is cutting my benefits and raising my deductible and co-pays.

I live on Social Security disability and a meager pension that leaves me with little extra cash at the end of each month. I can no longer afford to fight both disease, injury and now my government. All of these have become the enemy of good health.

I am no longer “entitled” to my life I guess. Since I’m not a taxpayer thru payroll any longer, they do not see me as having any value to this nation. I have accepted that my only future is to have no future at all.  That’s what they have left me with. I’m not good enough, wealthy enough or important enough to save and treat humanely or morally.

I’m being discarded like the trash that my government thinks I am because I have a need for medicines that they are uneducated about and don’t understand. 

The whole “Opioid Crisis” is just a massive coverup for our government’s inability to stop the flow of illegal drugs that are entering this country by the truckload every stinking day. They are the ones that have failed. They are the people that have gotten us all in trouble. They are the ones that created a “drug problem” in this country.

 LEE HORTON

LEE HORTON

Why is it that almost every other nation on the planet with more liberal drug policies has less of a drug dependence problem?  The answer is quite simple. It is because this country views every problem with a punitive solution. The perspective of our leadership is skewed to make everything appear to be criminal when it’s done by the public, but legitimate when done by the federal government.

We might even be seeing a foreign policy tactic by allowing China to export their drugs for sale in this country. Who the hell knows? Remember the “Fast and Furious” gun scandal, Iran-Contra, Noriega, Afghanistan and the Mujahedin? Point being, this government has done it before.

What I do know is that I’m done. I’ll no longer be quiet, and I won’t let them get away with murder. That’s exactly what they are doing, our government is murdering its own citizens by putting us in the position of either suffering every day of our lives or ending our lives.

And we send these callous, heartless and unimaginative politicians to Washington DC so they can lie and hide the truth from their constituents. If any of those people in DC truly believed that the source of the opiate epidemic was the pharmacy, they would be educating themselves on these drugs and how they also benefit more people than they harm.

But we don’t see anyone doing that, do we? We see politicians, department managers, and the heads of the FDA, DEA and other agencies all looking for someone to catch and blame so they can score some points with Congress and get a bigger budget next year.

A good general or military planner always looks for the potential “collateral damage” when putting together a battle plan. The FDA, DEA and Congress have not done that, or they would not have been painting with such a broad brush.

Patients Need to ‘Rise Up’

I’m done with all that BS. I probably only have a few years left, so if I am to have any chance at making any difference and helping anyone that suffers in chronic pain, I must start now.

I have spoken to my doctor about this and he agrees that the patients need to “rise up” and start making noise, and the public needs to be educated and told the truth about the overdose stats the government and media keep listing. The vast majority of opiate-related deaths and overdoses come from heroin, illicit fentanyl, and other illegal street drugs, not the prescription pain meds that they are using as a scapegoat.

This is as good a place as any to start my war on stupidity and ignorance.  I want others to hear why I need these medications that the public is being taught to blame the ills of society on. I have yet to steal a car stereo or rob a liquor store to support my “habit.”  THAT is what the government and the media want the public to imagine when they hear of someone taking opioids.

This is about the health and well being of American citizens that they are placing at risk. It’s easy for them to live with collateral damage when it’s in Syria or Afghanistan, when they don’t have to see the faces and know who and how many they hurt. Let’s see if they are still so eager to cause suffering when it’s their own people.

All the work and risk by colonists to discover America and build a nation, free from persecution and suppression by a corrupt government — out the window.  We’re right back where they started. Literally out of the 16th century frying pan and into the 21st century fire.

Is this proof that liberty, freedom and independence are not yet possible for the human race? Are humans insufficiently evolved? When I see deliberate, intentional cruelty and the persecution of anyone, it makes me stop and wonder.

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Lee Horton lives in Texas. He has osteoarthritis, neuropathy, stenosis, Ankylosing Spondylitis, fibromyalgia and numerous broken bones due to workplace injuries and accidents. Before he was disabled, Lee worked for 40 years as an operating engineer in heavy construction.

Pain News Network invites other readers to share their stories with us. Send them to editor@painnewsnetwork.org.

The information in this column should not be considered as professional medical advice, diagnosis or treatment. It is for informational purposes only and represents the author’s opinions alone. It does not inherently express or reflect the views, opinions and/or positions of Pain News Network.

Meth use is on the rise: What journalists should know

www.journalistsresource.org/studies/society/drug-policy/methamphetamine-crystal-meth-drugs

Amid the United States’ ongoing opioid crisis, government agencies are documenting the rise of another highly addictive drug: methamphetamine.

Data from the U.S. Centers for Disease Control and Prevention shows that from 2010 to 2014, the number of drug overdose deaths involving methamphetamine more than doubled, jumping from around 1,400 to nearly 4,000 (opioid-related overdose deaths, at 28,647 in 2014, have overshadowed these numbers).

The U.S. Drug Enforcement Administration’s 2017 National Drug Threat Assessment suggests that http://templatelab.com/national-drug-threat-assessment-2017/ is high in the U.S., with many states reporting greater availability since 2013.

The DEA substantiated these reports using purity (the amount of methamphetamine present compared to other substances), potency (how much of the drug is needed to have an effect) and price data. The price of methamphetamine per gram has decreased (it stood at around $58 in September 2016) as its purity has increased.

Nearly 30 percent of agencies responding to the DEA’s 2017 National Drug Threat Survey said that methamphetamine was the greatest drug threat in their areas. Thirty-six percent reported it is the drug that most contributes to violent crime.

In light of these trends, Journalist’s Resource collected recent research and resources to answer questions reporters new to the topic might have.

What is methamphetamine?

Methamphetamine is an addictive drug classified by the DEA as a Schedule II stimulant. It affects the central nervous system, stimulating dopamine receptors in the brain and producing euphoric effects. It can be smoked, snorted, injected or taken by mouth. One form of the drug is crystal methamphetamine, which resembles clear or bluish glass shards. Methamphetamine and crystal methamphetamine are commonly called by slang names including ice, crystal, meth, speed, crank and chalk.

How is it made?

Methamphetamine is a synthetic drug, which means it’s made in a lab, not grown in a field like marijuana or opium poppies. Producing meth thus depends on the availability of the ingredients needed to create it, also called precursors, including ephedrine, pseudoephedrine, and phenyl-2-proponone (P2P). These first two ingredients might ring a bell from trips to the pharmacy. Pseudophedrine is a decongestant used to alleviate cold and allergy symptoms. Ephedrine was commonly used in weight-loss products. Dietary ephedrine products were banned by the FDA in 2004, but the drug is available over the counter for some conditions, like asthma. P2P is a schedule II controlled substance not commonly available in consumer products. The household availability of some meth precursors, though, fostered small, domestic laboratory operations in the early 2000s.

The Combat Methamphetamine Epidemic Act (CMEA), signed into law in 2006, attempted to curtail these efforts by regulating the sale of over-the-counter ingredients, including ephedrine, pseudoephedrine and phenylpropanolamine. Some producers skirt these regulations, martialing teams of people to obtain legal quantities of these ingredients (sometimes repeatedly, through the use of false identification documents), which together net sufficient quantities for production. This practice is often referred to as “smurfing.” (The term, a nod to the cartoon characters, has been used at least since the 1980s in the context of money laundering to describe a process through which droves of people break up larger transactions into smaller ones so as to avoid suspicion.)

These restrictions might also drive manufacturers to synthesize meth with other ingredients. Much of the methamphetamine found in the U.S. today is produced in Mexico using phenyl-2-proponone and trafficked across the border, according to the DEA’s report. This reflects a broader decline of domestic production of methamphetamine since the passage of CMEA and an increase in international production. Domestically, however, conversion laboratories are popping up, particularly in California. These labs transform smuggled methamphetamine into a saleable product.

What are some of the effects of the resurgence of methamphetamine?

Methamphetamine has been linked to a number of health risks, including hepatitis C infection, stroke, psychosis and other forms of psychological distress. A longitudinal study of 278 people who were dependent on methamphetamine but not schizophrenic or manic, published in Addiction in 2014, found that violent behavior increased after subjects used methamphetamine. Methamphetamine users also face a higher risk of death than people who use other drugs, including cannabis, cocaine and alcohol.

A study published in the American Journal on Addictions in 2014 suggests that certain social outcomes, including homelessness, drug dealing, being a victim of violence and prostitution are associated with crystal methamphetamine use.

Research exploring connections between methamphetamine use and criminal behavior indicates that meth users “have more extensive criminal records and are more likely than other drug users to commit property crimes.” Kentucky Department of Corrections data indicates that the percentage of offenders who used methamphetamine in the 12 months before their incarceration has increased sharply over the past five years. In 2012, 23.5 percent of offenders in the state reported using illicit methamphetamine in the 12 months before their incarceration; by 2017, this figure was 43.9 percent.

Are there treatments for methamphetamine addiction?

A number of treatments exist for methamphetamine addiction, including cognitive behavioral therapy and other drug counseling and addiction support services. Unlike treatment for opioid misuse, there aren’t medications that specifically block the effects of or curb cravings for the drug.

 

 

Head of DEA: MJ remains in Schedule I is (because of ) the science

This will surprise absolutely no one, but I don’t have great deal of love or respect for the Drug Enforcement Agency. Never have, and in all likelihood, never will. On Tuesday, the acting head of the DEA (and not sparkly vampire) Robert Patterson was testifying at a House Judiciary Committee hearing on the topic of “Challenges and Solutions in the Opioid Abuse Crisis.” What followed was best described as an “old-fashioned Alabama ass-whuppin'” by some of the elected representatives, who seriously could not believe the words tumbling from Patterson’s stupid mouth.

As summarized by Marijuana Movement, it began with Tennessee Democratic representative Steve Cohen asking why cannabis is still a Schedule I drug, on par with such drugs as heroin. Patterson responded, with a straight face, “The reason why it remains in Schedule I is the science.”

 Cohen managed to refrain from doing a spit take, instead replying, “The science? I’m happy to hear that you believe in science, that’s refreshing.” Cohen then asked Patterson for his personal feelings on re-or de-scheduling cannabis from its Schedule I status, which led to Patterson to complain that the widespread concern surrounding arrests for cannabis, and how they impact communities of color, is essentially baseless, and doesn’t have anything to do with prohibitionist policies. He stated that he thought the country was “going down a bad path concerning marijuana,” and concluded, “At what point did we determine that revenue was more important than our kids?” (You mean the same cannabis tax revenue that’s currently being used to help fund our schools and public safety programs? That revenue?)
 

Rep. Hank Johnson (D-Georgia) drew forth the most outrageous statement from Patterson when he asked out of the 64,000 drug-related overdose deaths in 2016, how many were opioid-related. (44,000.) When he asked about cannabis-related overdose deaths, Patterson responded that while there had not been any “official” deaths of that kind recorded in 2016, he nevertheless was “aware of a few deaths from marijuana.”

“You are aware of a few deaths from marijuana?” Johnson asked. At that point, Patterson said that he didn’t have materials in front of him to reference, but that he believed these deaths were caused by “adulterated” cannabis.

 If you mix cyanide into orange juice, it will kill you. This part is tricky, so try and keep up—is the orange juice fatal, or is it the cyanide?

It pretty much went off the rails when Patterson was later questioned about numerous studies showing the medical benefits of cannabis to treat medical conditions, including those where opioids are frequently prescribed, or studies showing that states with regulated cannabis programs had a decrease in opioid prescriptions. Patterson hadn’t read any of them, wasn’t familiar with them, nor could he site any studies showing that cannabis led to other illicit dangerous drug use.

The DEA’s Robert Patterson is the worst type of mouth breathing moron—one that embraces his willful ignorance, and makes no effort to expand his small-minded and narrow worldview. Which is morally vile when you consider that by just reading a few fucking studies, he could perhaps help enact policies that could literally save tens of thousands of lives.

Upcoming in-district Congressional work periods

Make the most of upcoming opportunities to engage members of Congress while they are back home. Upcoming in-district work periods are currently scheduled for May 25-June 4, June 29- July 9, and July 27-Sept. 3. If you are interested in engaging with a member during one of these periods call their local/district office to make an appt.

 

You claim that they ignore your petitions, your letters, your emails, your faxes…  you call them for an appointment… you may end up with 10-15 minute  ONE TO ONE time with your Federal representative

Want to Talk With the FDA? Here’s Your Chance

www.nationalpainreport.com/want-to-talk-with-the-fda-heres-your-chance-8836221.html

The National Pain Report has done a number of stories recently that have received numerous comments from people complaining about the federal (and in some cases their state) government. The reaction is that recent policies that have been adopted do not have the patient in mind.

This story, published on April 25, set off a firestorm of commentary from chronic patients and providers.

We’ve been talking with Terri Lewis Ph.D. about trying to create a survey from that story that could capture objective and subjective data from you.

She’s done just that, with the goal of having your input inform the FDA as the agency determines where to place the focus on alternatives and new drug development. They are holding a hearing on July 9.

Take the survey here.

The survey will be live until June 17th to give Dr. Lewis time to tabulate and submit to the FDA by the June 25th deadline.

FDA is challenged with determining how to balance the need to ensure continued access to persons who rely on opioids for continuous pain relief while addressing the ongoing concerns about safe use, abuse and misuse.  Many of you will not be able to attend this so we are taking your voices to Washington DC with us.  You can register to attend or view this hearing.

For Lewis, this survey will not only help let the FDA know what chronic pain patients, their loved ones and their providers are experiencing in 2018, but also will help her develop some data about individual states. Her initial focus is on the July 9th hearing.

“This survey is designed to create some patient focused due diligence on chronic pain that our government simply needs to see,” she said.

The National Pain Report is happy to partner in this effort and will share some of the objective results in the coming weeks as people begin to fill out the survey.

The first politician ?

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Reconstruction of what politician looked like before death.