Better Dead Than Dependent

As politicians and law enforcement leaders spin their wheels trying to get ahold of the fentanyl crisis, those of us in the drug policy reform movement have long had the answer to solving the overdose issue: legalize, regulate, and educate.  Treat drug abuse as it should be: a medical condition, not a criminal justice one.

To say that the Drug War has been an abject failure is to simply be a broken record repeating the message that we’ve been saying all along.  President Joe Biden’s administration funded $42.5 billion dollars for drug control for fiscal year 2023.  This was a complete waste of your money, just like all the years before it.  Were the enforcement of drug laws making a difference the following overdose statistics would simply not exist.

The police keep doing the same thing they’ve always done…  and the deaths just keep on rising.

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97 State Reps Vote to End DMT Prohibition!

A few weeks ago, 70 state reps voted to end drug prohibition entirely and last week, 90 state reps voted to end prohibition on dimethyltryptamine (DMT)! Here’s the full video from the house floor featuring reps Jason Gerhard, Matt Santonastaso, and Jonah Wheeler speaking in favor of the bill, HB 216, which sadly lost 274-97. However, 26% is a good first try.

Clearly, younger state reps understand the urgency of ending the insane war on drugs and as the older prohibitionist reps die off and are replaced by free staters as our number and influence increases, we will be ever closer to ending the madness of drug prohibition in our lifetime.

70 NH State Reps Voted to End the ENTIRE War on Drugs!

Nearly 20% of those voting on HB581 yesterday in the full New Hampshire house session, voted for ending the insane war on drugs ENTIRELY! The bill came out of nowhere, filed by rep Matt Santonastaso with little fanfare or press attention, despite the epic attack on the War on Drugs it represents. The public hearing came-and-went with little support, or opposition.

Yesterday, at the full house session, the bill came up for a vote and reps Santonastaso and Jonah Wheeler made excellent speeches in favor of ending the failed war on drugs, while Terry Roy who positions himself as a incremental drug reformer used fearmongering language to scare the reps into voting to continue the destruction of our neighbors’ lives. They then voted 286-70 to kill the bill.

Here’s a link to the full roll call showing exactly how all the representatives voted. Kudos to the brave 35 Republicans and 35 Democrats who did the right thing. Sadly many “A+” rated “liberty reps” voted to continue the drug war. What were they thinking? Anyone with a “Yes” vote on the roll call voted to kill the bill, so feel free to reach out to them and ask why. You can watch the full hearing here:

House Bill Hearings: End Entire War on Drugs, End Prohibition on Cannabis, Hallucinogens, Drug Testing Equipment

Last week at the state house, liberty activists spoke on various bills in front of the Criminal Justice Committee including:

  • HB 581 – would end the entire War on Drugs by striking RSA 318-B completely.
  • HB 360 – would end prohibition of possession and apparently also growing and selling of cannabis by anyone over 21.
  • HB 328 – would legalize possession of possessing hallucinogens including LSD, psilocybin, mescaline, and peyote for people over 21.
  • HB 470 – would legalize possession of drug testing equipment.

HB 581 – Finally, after years of compromised legislation trying to slowly scrape away at drug prohibition, one brave state representative, Matt Santonastaso, has put forward a bill that would in one fell swoop, end the entire War on Drugs. Sadly, only Bonnie and I came out to support Rep. Santonastaso and testify in favor of this epic legislation. We need more reps willing to take a risk with their “political capital” and actually put forward principled bills like this. Sure, it has no chance of passing, but the conversation needs to happen, and it needs to keep coming back and growing in its support. We also need bills to do other principled things like end government schooling, abolish the liquor commission, and abolish the state police. Hopefully we’ll see more liberty reps step up to the level of Matt Santonastaso in the coming years. Here is full video of the hearing:

HB 360 – One of several cannabis-related bills in the session this year, HB 360 is probably the best one I’ve seen as it does not contain any provisions to tax or regulate cannabis. It simply removes it from being a prohibited substance, although only for those over 21. It’s overall a great bill and would be awesome if it passed, though another bill that has taxes and regulations has the support of the house minority and majority leaders, so don’t get your hopes up. That said, it’s good to see the ideas discussed. Here’s full video of the hearing: (more…)

US Appeals Court Rules: DEA Allowed Access to NH Opioid Database Without a Warrant

On January 27, 2022, the US Court of Appeals for the 1st Circuit, Chief Judge Jeffrey Howard, ruled in “US Dep’t of Justice v. Jonas, No. 19-1243,” that the DEA (Drug Enforcement Administration) can “legally” access New Hampshire’s prescription drug database via an administrative subpoena, not a warrant. This is despite New Hampshire and United States laws to the contrary.

While 48 states have submitted to maintaining a networked prescription database (Prescription Drug Monitoring Program / PDMP), most people would argue that their personal medical and prescription records are protected by the 4th amendment (“no warrants shall issue, but upon probable cause.”) Personal healthcare and medical information is generally protected under doctor-patient confidentiality laws and is regarded as almost sacrosanct in the healthcare world (think HIPAA.) In this case, confidentiality was further supported by the 4th amendment to the US Constitution.

Overwhelming Support From the Liberty Community

Michelle Ricco Jonas, manager of the New Hampshire PDMP in 2018, refused the DEA’s request to fork over 2.5 years’ worth of prescription data of a “person of interest.” After being subpoenaed she argued that the records belong to the state, not an individual person. Since March 12, 2019, when the notice of appeal was docketed, Michelle Jonas and New Hampshire state received an outpouring of support from the ACLU of California, Maine, Massachusetts, New Hampshire, New York, Puerto Rico, and Rhode Island – in other words, all the districts represented by the 1st Circuit Court.

Over the past two grueling years of appeal, the ACLU supported Jonas, and questioned whether issuing a subpoena to a state employee is within the bounds of the district court. They argued that medical records, for all intents and purposes, are considered private information. While the DEA has the ability to subpoena an individual, the ACLU asked if that gave them the right to subpoena a representative, or employee, of the state. They also argued that the 4th Amendment requires law enforcement “to obtain a warrant based on probable cause only to secure records over which there is a reasonable expectation of privacy.” The ACLU argued that medical records warrant an expectation of privacy.

The prescription records at issue in this case reveal intimate, private, and potentially stigmatizing details about patients’ health, including details of those patients’ underlying medical conditions. For that reason, as with other medical records, people have a reasonable expectation of privacy in them.” – Summary of Argument, US Dep’t of Justice v. Jonas, No. 19-1243

 

So What Was the Loophole?

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NH HB 1022 – Permitting Pharmacists to Dispense Ivermectin Without a Prescription

Rep. Leah Cushman presents HB 1022 at the public hearing on 1/18/22

 

On January 12, 2022, Rep. Leah Cushman (R – NH) introduced New Hampshire HB 1022: an act permitting pharmacists to dispense the drug ivermectin by means of a standing order entered into by licensed healthcare professionals. The general argument is that many healthcare workers are unable to prescribe ivermectin, either because of hospital politics or outside pressures. This bill would override the need for a prescription for ivermectin, allowing everyone in New Hampshire to pick it up over-the-counter.

A public hearing for this bill took place on January 18, 2022. Rep. Cushman, House committee (Health, Human Services, & Elderly Affairs) members, doctors, and others took part in a lively discussion that spanned over two hours. The overall consensus appeared to be in favor of the bill, with a few speakers pleading that those who cannot (or do not) get the covid-19 vaccine need another readily-available, tried, and tested alternative.

The Benefits of Ivermectin Are Well Established

The only medicine for infectious diseases to win the Nobel Prize has recently been smeared in the mainstream media. Surprised? There are innumerable studies that have overwhelmingly shown the benefits of this drug to combat all types of disease. The difference is that now the media has portrayed it as livestock medicine, and nobody can seem to counteract the bad press–not even Joe Rogan.

However, most of those in attendance, including multiple committee members, fully supported pushing this bill further. Even those who believe that vaccines are the best option had to admit that withholding medicine to those who cannot or do not get the vaccine doesn’t make sense. In fact, people who have received the vaccine can benefit from ivermectin as well.

Dr. Paul Marik Was in Attendance

One speaker of note was Dr. Paul Marik, who traveled to the public hearing for NH HB 1022 all the way from Virginia.

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