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Posts in Policy
National Drug Control Strategy [May 2024]

UNITED STATES. OFFICE OF NATIONAL DRUG CONTROL POLICY

From the document: "America is facing the deadliest drug threat in our history. Over the last 25 years, drug overdose deaths in the United States from synthetic opioids, including fentanyl, have risen to more than 100 times their 1999 levels. The rate of fatal overdoses from other drugs, including cocaine and methamphetamine, has also surged. The overdose crisis calls for bold action. The Office of National Drug Control Policy (ONDCP) has outlined vital steps for attacking two drivers of this crisis. [...] ONDCP's 2024 '[National Drug Control] Strategy' looks to the future this Nation needs. That future is one with greater access to prevention, treatment, harm reduction and recovery support services; with a focus on equity and equal justice; with support for incarcerated individuals, as well as post-incarceration reentry assistance; with a SUD [substance use disorder] and health care workforce that meets our Nation's needs; with a payment system that sufficiently funds care; and with a concerted transnational effort to hold drug traffickers, their enablers, and facilitators accountable. [...] The 2024 'Strategy' is aimed at addressing the overdose crisis from multiple angles. This includes preventing youth substance use, expanding access to life-saving medications like naloxone, expanding access to evidence-based treatment, building a recovery-ready Nation, and ramping up efforts to disrupt and dismantle drug trafficking."

UNITED STATES. WHITE HOUSE OFFICE; UNITED STATES. EXECUTIVE OFFICE OF THE PRESIDENT; . MAY, 2024. 124p.

Germany's cannabis act: a catalyst for European drug policy reform?

By Jakob Manthey, Jürgen Rehm,and Uwe Vertheina

With the enforcement of the Cannabis Act on 1 April 2024, Germany has adopted one of the most liberal legal approaches to cannabis on the continent. The German model prioritises a non-profit approach and precludes legal market mechanisms. We believe these are the main drivers for increasing cannabis use and related health problems, based on observations following cannabis legalisation in Canada and many states in the U.S. Although legalising cannabis possession and cultivation may not immediately eliminate the illegal market, it is expected to serve public health goals. Despite the overall positive evaluation of the Cannabis Act in Germany, there are three potential areas of concern: the potential for misuse of the medical system, the normalization of cannabis use, and the influence of the cannabis industry. The German model may herald the beginning of a new generation of European cannabis policies, but concerted efforts will be required to ensure that these policy reforms serve rather than undermine public health goals.

The LANCET Regional Health - Europe, Vol 42 July, 2024

World Drug Report 2024

UNITED NATIONS OFFICE ON DRUGS AND CRIME

From the webpage description: "A global reference on drug markets, trends and policy developments, the World Drug Report offers a wealth of data and analysis and in 2024 comprises several elements tailored to different audiences. The web-based Drug market patterns and trends [hyperlink] module contains the latest analysis of global, regional and subregional estimates of and trends in drug demand and supply in a user-friendly, interactive format supported by graphs, infographics and maps. The Key findings and conclusions booklet [hyperlink] provides an overview of selected findings from the analysis presented in the Drug market patterns and trends module and the thematic Contemporary issues on drugs booklet, while the Special points of interest [hyperlink] fascicle offers a framework for the main takeaways and policy implications that can be drawn from those findings. As well as providing an in-depth analysis of key developments and emerging trends in selected drug markets, the Contemporary issues on drugs booklet [hyperlink] looks at several other developments of policy relevance. [...] The World Drug Report 2024 is aimed not only at fostering greater international cooperation to counter the impact of the world drug problem on health, governance and security, but also at assisting Member States in anticipating and addressing threats posed by drug markets and mitigating their consequences."

UNITED NATIONS OFFICE ON DRUGS AND CRIME. 2024

The political economy of illicit drug crops: forum introduction

By Frances Thomson, Patrick Meehan & Jonathan Goodhand (02 Apr 2024):

his article and the forum it introduces examine illicit drug crop (IDC) economies from agrarian perspectives. Examining IDCs as a group implies analysing how prohibition distinguishes them from other (licit) crops. We identify seven mechanisms through which prohibition shapes the agrarian political economy of IDCs and explore how these mechanisms and their effects generate distinctive patterns of development and political action amongst ‘illicit peasantries’. We also examine connections between illicit and licit crops, including how licit crop crises and illicit crop booms intertwine. We argue that IDC economies provide a bulwark for smallholders but are by no means peasant idylls.

The Journal of Peasant Studies. 2024. 39p.

EU Drug Markets Analysis 2024: Key insights for policy and practice

European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)

Availability remains high across the main drugs used in Europe, evidenced by the large and in some cases increasing quantities that continue to be seized in the European Union. In addition, the market for illicit drugs is characterised by the diversification of consumer products and the widespread availability of a broader range of drugs, including new psychoactive substances, often of high potency or purity. Specialised equipment may be required to meet the detection and monitoring challenges posed by this diversification.

The recent emergence of highly potent opioids, particularly benzimidazoles (nitazenes), poses a particularly complex threat to public health due to their increased risk of life-threatening poisoning. The potential emergence of new patterns of consumption in Europe is also a key threat, due to the availability of cheap and highly potent or pure drugs. This is particularly the case for cocaine, which has seen unprecedented levels of availability

European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), 2024. 39p.

Colombia: Drug smuggling prevention report 2024

By A&A Multiprime

As part of our commitment to contribute to loss prevention in Colombia and across the region, our team regularly engages in meetings with representatives of the Colombian Highest Maritime Authority (DIMAR) and the officers in charge of anti-narcotic policies in the ports. We gather updated informa tion about new practices and precautions to be aware of, as well as relevant recommendations and measures to adopt while visiting any of our ports. This ongoing engagement has culminated in our 2024 report, which reflects the latest insights and strategies in combating the challenges faced by the maritime industry

Recent events highlight the ongoing challenges in countering cocaine trafficking. For example, on February 8, 2024, British authorities announced a historic seizure of over 12,500 pounds of cocaine concealed in a banana shipment from the Port of Turbo, Colombia, to Southampton. This incident, marking the largest single drug seizure in UK history, emphasizes the advanced techniques used by cartels to transport substantial drug quantities into Europe and the UK, thereby confirming the global impact of Colombian narcotics. This report results from our efforts and experience over the last years, successfully assisting in several drug smuggling-related incidents and administrative investigations for breaches of shipping regulations, including the ISPS Code. We trust that this report will serve as a valuable resource for all P&I Clubs, their Members, the Masters and crews, and, in general, the entire marine industry with an interest in Colombian ports to mitigate incidents associated with drug smuggling activities

Bogota: A&A Multiprime. 2024. 18p.

Drug Trafficking on the High Seas: A Primer on the Maritime Drug Law Enforcement Act Brendan McDonald Trial Attorney Criminal Division Narcotic and Dangerous Drug Section

By Colleen King

In December 2023, the United States Coast Guard (USCG) offloaded approximately 18,219 pounds of cocaine from the USCG Cutter Waesche. The estimated street value of the cocaine was more than $239 million. The offload occurred as a result of six separate maritime interdictions, performed by separate cutters, taking place over a 17-day period off the coasts of Mexico and Central and South America. The interdictions were performed as part of the USCG’s counternarcotics mission. While interdictions of this size may seem out of the ordinary, the USCG routinely interdicts a variety of vessels, including Go-Fast Vessels and semi submersibles, with massive amounts of drugs (usually cocaine), moving from the Pacific and Caribbean coasts of South America northward to Mexico, the Caribbean, and eventually the United States. One can imagine that prosecuting interdictions like these may raise a variety of questions: could the United States assert jurisdiction over the suspected traffickers; would the maritime location of the interdiction matter; and would it make a difference if the ship carrying the contraband was flagged—registered—by another country? What about the transit time to a U.S. court for an initial appearance where the interdiction occurred over a thousand miles from the United States? The dizzying array of issues confronting a federal prosecutor following a high seas interdiction may not be typical of land-based legal challenges. Fortunately, a body of both federal law and international authorities is instructive on these questions. The Maritime Drug Law Enforcement Act (MDLEA) is the United States’ principal statute addressing high seas drug trafficking and has supported thousands of prosecutions for decades. The MDLEA, as it re lates to controlled substances,5 prohibits the distribution, manufacture, or possession with intent to distribute or manufacture, controlled sub stances aboard a “covered vessel.” Its prohibitions apply “outside the territorial jurisdiction of the United States,” and include both attempt and conspiracy liability. And, where an interdiction occurs outside of the United States, venue may be appropriate in your district. This article is intended to serve as an MDLEA primer. It will provide a brief his tory of the MDLEA, identify the MDLEA’s core definitional provisions, discuss its key criminal prohibition, detail its jurisdiction and venue pro vision, describe the MDLEA’s position on the use of international law as a defense, and finally, address its sentencing provisions.

March 2024 DOJ Journal of Federal Law and Practice

A Framework for Countering Organised Crime: Strategy, Planning, and the Lessons of Irregular Warfare

By David H. Ucko and Thomas A. Marks

Organised crime is not going well. According to the 2021 Global Organized Crime index, ‘the global illicit economy simply continue[s] along the upward trajectory it has followed over the past 20 years, posing an ever-increasing threat to security, development and justice – the pillars of democracy’ (Global Initiative, 2021, p. 8). Wherever governments seek to draw the line, criminal actors find profitable ways of crossing it; wherever governments fail to deliver on human need, criminal actors capitalise on citizens’ desire or despair. As of now, more than three-quarters of the world’s population ‘live in countries with high levels of criminality, and in countries with low resilience to organized crime’ (Global Initiative, 2021, p. 12). On aggregate, the associated activity amounts to an illicit form of governance, furnishing alternative services to a wide range of clients, be they the vulnerable and weak or a covetous elite. The breadth of organised crime, its clandestine nature, and its blending of creative and destructive effects make it difficult to counter. In past SOC ACE research, we argued that the response to organised crime often shares certain pitfalls with counterterrorism, at least since 9/11 (Ucko & Marks, 2022c). Both efforts have been stymied by 1) conceptual uncertainty of the problem at hand; 2) an urge to address the scourge head on (be it violence or crime), without acknowledging its socioeconomic-political context; and, therefore, 3) unquestioned pursuit of strategies that miss the point, whose progress is difficult to measure, and which may even be counterproductive. This convergence is based on the common features of the two phenomena, which are both concerned with i) collective actors, who ii) use violence and coercion among other methods; and who have iii) corrupting, or outright destructive effects on society. Though organised crime is not consciously political in its ideological motivation, it is – like terrorism – deeply political in its origins, activities, and effects. Given the conceptual overlap, and the common pathologies that undermine response, the lessons from countering terrorism are relevant also to the countering of organised crime. Focusing on the concept of ‘irregular warfare’, our past research identified six key lessons, touching upon 1) the socio-political embeddedness of the problem, 2) the tendency to militarise the response, 3) the mirror-imaging of state assistance programmes, 4) the invaluable role of community mobilisation, 5) the dearth of strategy, and 6) the need to engage more closely with questions of political will. As argued elsewhere, these challenges point to a need for greater strategic competence both in assessing the problem of organised crime and in designing a response (Ucko & Marks, 2022c).

To generate this strategic competence, this follow-on report sets out an analytical toolkit to assist planners and policymakers with the crafting of strategy. This ‘Framework of Analysis and Action’ builds upon lessons – negative and positive – learned via years of experience with irregular warfare, defined by the Department of Defense as ‘a violent struggle among state and non-state actors for legitimacy and influence over the relevant population(s)’ (U.S. Department of Defense, 2007, p. 1).1 It is a framework that finds its origins within the U.S. National Defense University’s College of International Security Affairs (CISA), where for two decades it has been used to teach strategic planning for complex and intensely political challenges (Ucko & Marks, 2022a). The framework consists of two parts: the Strategic Estimate of the Situation (which maps the problem, explores its drivers, frames, and methods, and critiques the current response) and the Course of Action (which uses the strategic estimate to design an appropriate strategy, guided by a theory of success). The framework is in this report adapted for organised crime, to enable the mapping of relevant actors and the crafting, thereby, of a viable response. By design, the framework responds to the six key lessons identified in our earlier work. This report goes through the framework and explains its adaptation to organised crime. Appendix A provides a summation of the toolkit, a ‘user’s guide’, that will facilitate application of the framework. Testing to date suggests great potential and we look forward to sustaining a dialogue with those engaged with countering organised crime to further evolve this toolkit. Indeed, since the beginning, this framework has been a living product, enriched by theoretical application in the classroom and practical use in the field.

SOC ACE Research Paper No. 19. Birmingham, UK: University of Birmingham, 2023. 45p.

Observatory of Illicit Economies in South Eastern Europe

By Global Initiative Against Transnational Organized Crime’s Observatory of Illicit Economies in South Eastern Europe.

In this issue, we focus on three cases where criminal groups from the region have been active in recent years: the Netherlands, Ecuador and parts of Africa.

These examples illustrate the growing involvement of Balkan criminal groups in some of the world’s hotspots for illicit activity. Research for these articles is facilitated by the Global Initiative’s network of contacts with local investigative journalists, as well as close cooperation between regional observatories of illicit economies, namely South Eastern Europe, West Africa and Latin America.

As part of the GI-TOC’s analysis of the risks of firearms trafficking from Ukraine, in this issue we show that the Western Balkans remain the main source of illegal weapons in Europe. At present, weapons are still cheap and plentiful in the region, and stockpiles have been augmented by inflows from Turkey via Bulgaria, particularly of gas and alarm guns. More on this topic can be found in a forthcoming GI-TOC report on trends in arms trafficking from the Ukraine conflict.

In this issue, we also report on a major crackdown by Serbian authorities in late 2023 on increasingly violent smugglers operating along the border between Serbia and Hungary, and examine how this has displaced migration flows towards Bosnia and Herzegovina.

Risk Bulletin No. 18. Geneva, SWIT: Global Initiative Against Transnational Organized Crime, 2024. 25p.

Oil Theft, Energy Security and Energy Transition in Mexico

By Vlado Vivoda, Ghaleb Krame and Martin Spraggon

Oil theft refers to the exploitation of crude oil or refined petroleum products for criminal purposes. In Mexico, oil theft—referred to as huachicolero—is endemic and widespread. By framing it within the energy security and transition context, this paper offers a new perspective on the problem of oil theft in Mexico. Focusing on crude oil and refined petroleum, the paper demonstrates that Mexico’s energy security—as framed around the 4As (availability, accessibility, affordability, and acceptance)—has deteriorated over the past decade. Application of the 4As framework in the Mexican context shows that the increasing frequency of oil theft has contributed to this deterioration. The proposed solution to the energy security and oil theft problems is centred on Mexico moving from gasoline and diesel to electrification in the transportation sector. The paper demonstrates that, while transport electrification in Mexico has been lagging behind other countries, recent developments in the country point to growing momentum among the country’s political and business elites, in tandem with US partners, in support for the energy transition. Areas where further emphasis should be placed to accelerate Mexico’s energy transition in the transportation sector are identified. Finally, the feasibility of and potential limitations associated with implementing the transition are evaluated.

Resources 202312(2), 30; https://doi.org/10.3390/resources12020030

Substance Use, Overdose Prevention, and the Courts: A Citywide Collaboration

By The Center for Justice Innovation

The Center for Justice Innovation and RxStat convened together stakeholders in the criminal justice, court, and public health systems to discuss the treatment of drug use and prevention of fatal overdoses in the context of the criminal justice system, as well as the integration of harm reduction principles. This document, which maps many of the court-based problem substance use interventions currently utilized across New York City, came out of this forum of experts.

On September 19, 2023, the Center for Justice Innovation and RxStat convened together stakeholders in the criminal justice and court systems, clinicians, and public health experts to discuss the treatment of drug use and prevention of fatal overdoses in the context of the criminal justice system, as well as the integration of harm reduction principles into these and related programs. Among the pre-conference materials distributed were this document, which maps many of the court-based problem substance use interventions currently utilized across New York City. We divided these initiatives into four stages within the timeline of a criminal case: pre-arraignment, arraignment, pre-plea, and post-plea. This categorization is intended to highlight the distinct role that each stage plays within the larger system of treatment and prevention.

New York: The Center for Justice Innovation. 2023, 16pg

Drug Trafficking Deterrence Signs and Ohio Schools: A Survey of Ohio Principals

By Peter Leasure


Nearly all states, including Ohio, have laws increasing punishments for drug trafficking in or near schools, though there are long-standing concerns for how these laws function. With a novel inquiry of school leaders, the current study explores whether Ohio schools displayed signage that was viewable by the general public stating that drug traffickers could face enhanced penalties if the conduct occurred on or near school premises. The current study also sought to gauge school principal perception about the deterrence effectiveness of such signs and whether enhanced penalty laws should explicitly require that individuals know they are on or near school premises to receive a penalty enhancement. The results of this survey of Ohio school principals suggested that the vast majority of Ohio schools lack any signage seeking to notify individuals of enhanced penalties for drug trafficking or that generally seek to deter drug trafficking. The results also showed that a majority of Ohio principals believed that the Ohio Revised Code should require that individuals know they are on or near a school's premises to receive increased penalties for drug trafficking (e.g., selling drugs) on or near school premises. Policy recommendations informed by the above findings are discussed.

Drug Enforcement and Policy Center. March 2024, 11pg