Tag Archives: Skagit County Criminal Defense

Trump To Expand the Federal Death Penalty

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Trump wants to expand the federal death penalty, setting up legal challenges in second term

According to NBC News, President Trump will re-start the execution of federal inmates on Death Row. In doing so, he’ll undo a moratorium on executions entered under the outgoing Biden-Harris administration.

“These are terrible, terrible, horrible people who are responsible for death, carnage and crime all over the country . . . We’re going to be asking everyone who sells drugs, gets caught, to receive the death penalty for their heinous acts.” ~President Donal Trump

Additionally, the incoming president also says he wants to expand capital punishment for other crimes. He’s suggested executions for child rapists, human traffickers and illegal immigrants who kill Americans or police officers. These measures would require support from Congress and the Supreme Court.

WHAT IS THE LIKELIHOOD OF MORE EXECUTIONS?

Probabaly more favorable than his prior efforts. In 2008, the Supreme Court declared the death penalty for child rapists unconstitutional when the child survives, the American Bar Journal reported Monday. These day, however, proponents are hopeful for a reversal. Trump is now in the White House. There’s also a Republican majority in the Senate and conservatives hold a 6-3 advantage in the current Supreme Court.

The death penalty for drug and human trafficking would be unprecedented in the western world. Also, no president had overseen as many federal executions since Grover Cleveland in the late 1800s, and the U.S. government had not executed anyone for more than 15 years until Trump revived the practice.

There are currently 40 federal inmates on death row, according to the Death Penalty Information Center. The list includes surviving Boston Marathon bomber Dzhokhar Tsarnaev and Dylann Roof, who massacred nine parishioners in a South Carolina church.

Justice Department records show the federal government has executed 16 people since 2001. Thirteen of those executions came during Trump’s first term in office.

The individual states executed 1,542 condemned inmates between 1977 and 2022, according to federal data. Texas led the way with 587 executions, more than the next two states combined – Oklahoma with 119 and Virginia with 113. In almost that same time period – between 1973 and 2023 – 192 death row inmates were exonerated and set free, according to the ACLU. The individual states have their own system for capital punishment – or lack thereof – and would not be as impacted by Trump administration policy.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Can Artificial Intelligence Lead to Wrongful Convictions?

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Image: (Kathleen Crosby/Innocence Project)

Photo Courtesy of Kathleen Crosby & The Innocence Project

The Innocence Project published a very insightful article describing how AI-based surveillance systems lack independent verification, empirical testing, and error rate data. These shortcomings lead to wrongful arrests and potentially wrongful convictions. More worrisome, there’s a disturbing readiness among some system actors, especially prosecutors, to accept AI-based evidence at face value. As a result, the eager acceptance of AI-based evidence mirrors the same flawed embrace of misapplied forensic science, which has contributed to numerous wrongful convictions.

BACKGROUND

The use of unreliable forensic science has been identified as a contributing factor in nearly 30% of all 3,500+ exonerations nationwide. Take bite mark analysis, for example. The practice was widely used in criminal trials in the 1970s and 1980s but is poorly validated, does not adhere to scientific standards, lacks established standards for analysis and known error rates, and relies on presumptive tests. It has since been discredited as unreliable and inadmissible in criminal trials due to its shortcomings. Still, there have been at least 24 known wrongful convictions based on this unvalidated science in the modern era.

ADMITTING SCIENCE-BASED EVIDENCE 

The 1923 Frye v. United States decision introduced the “general acceptance” standard for admissibility at trial. In short, the scientific technique must have expert recognition, reliability, and relevance in the scientific community to be “generally accepted” as evidence in court. Some state courts still apply this standard today. Also, the Daubert v. Merrell Dow Pharmaceuticals Inc. decision shifted the focus to evaluating the relevance and reliability of expert testimony to determine whether it is admissible in court.

In applying the Daubert standard, a court considers five factors to determine whether the expert’s methodology is valid:

  • Whether the technique or theory in question can be, and has been, tested;
  • Whether it has been subjected to publication and peer review;
  • Its known or potential error rate;
  • The existence and maintenance of standards controlling its operation; and
  • Whether it has attracted widespread acceptance within a relevant scientific community.

Under Daubert and Frye, much AI technology, as currently deployed, doesn’t meet the standard for admissibility. ShotSpotter, for example, is known to alert for non-gunfire sounds and often sends police to locations where they find no evidence that gunfire even occurred. It can also “significantly” mislocate incidents by as much as one mile. It, therefore, should not be admissible in court.

Similarly,  facial recognition technology’s susceptibility to subjective human decisions raises serious concerns about the technology’s admissibility in court. Such decisions, which empirical testing doesn’t account for, can compromise the technology’s accuracy and reliability. Research has already shown, for instance, that many facial recognition algorithms are less accurate for women and people of color, because they were developed using photo databases that disproportionately include white men.

My opinion? If we are to prevent a repeat of the injustices we’ve seen in the past from the use of flawed and untested forensic science, we must tighten up the system. Too many investigative and surveillance technologies remain unregulated in the United States.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA Courts Release New Juror Orientation Video Explaining Unconscious Bias

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2023 - Justice for All: Orientation to Jury Service

The first new Juror Orientation Video for Washington courts since 2005 has been produced. It is now available for courts to utilize in helping prospective jurors understand the steps involved in jury service and the critical importance of this civic duty.

The 21-minute video features updated language, added definitions, professionally produced graphics and jury scenes. A narrator explains jury selection steps, describes courtroom procedures and the reasons for them. Most important, he discusses examples of how unconscious bias works.

“The right to a jury trial is a fundamental constitutional right, essential to our system of justice and our democracy . . . This new video will help prospective jurors understand the importance of jury service as a civic responsibility, and show them how our system of justice works.” ~King County Superior Court Judge Michael Scott

Discussions had begun years ago that Washington’s juror orientation video needed an update. Unfortunately, the COVID pandemic delayed development.

Development of content and script were overseen by WPIC’s Juror Orientation Video Subcommittee, chaired by attorney Keith Kessler, a longtime member of WPIC. “We deeply appreciate Mr. Kessler’s leadership and dedication to the completion of this video,” wrote the staff of the WPIC in announcing the video, which was produced by digital media agency Sandbox, Inc.

Discussions had begun years ago that Washington’s juror orientation video needed an update. Unfortunately, the COVID pandemic delayed development.

“We started getting gentle and sometimes not-so-gentle nudges from judges, court staff, and attorneys who all had the same message: The video needs an update . . . These were professionals on the front lines who saw, day in and day out, how important it is for jurors to be given clear, modern direction. They were advocating for jurors, wanting them to have the best tools possible to fulfill their civic duty.” ~Attorney Keith Kessler, Chair of the Juror Orientation Video Subcommittee

Updating the video involved a thoughtful, collaborative process with a subcommittee of experts on trial practice. It required numerous meetings, drafts and rewrites to create a script reflecting the best practices of modern courtrooms.

The new video is “clear and designed to help jurors understand their role in a way that’s both informative and empowering,” Kessler said. “My hope is that this video will help jurors feel confident as they step into the courtroom, knowing they have the knowledge they need to do their job well.”

The video can be found on Washington Courts’ YouTube page, as well as linked on Washington Courts’ Jury Duty page.

My opinion? Juror bias videos like these are excellent toward educating jurors of their hidden biases. Another helpful tactic used by experienced defense attorneys is a jury questionnaire. Often, jurors complete these questionnaires when they arrive at court for the trial. These questionnaires examine a juror’s ability to fairly judge Sex Offenses, DUI and Domestic Violence cases. Copies of the completed questionnaires are distributed to the parties and the judge. Ideally, the completed jury questionnaires are made available to the parties far enough in advance of the voir dire questioning to allow for the proper evaluation of the information they contain (e.g., a several hour or an overnight recess).

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Leave Your Neighbor’s Campaign Sign ALONE

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Tis the season: Vandalism and theft of political signs back again | Local News | latrobebulletinnews.com

The 2024 general election is less than a month away.  By now, you’ve probably seen at least a few yard signs endorsing someone’s preferred candidate, and even more will likely pop up as the election approaches. Political polarization is peaking online and in our communities.

But what if someone sees a yard sign they disagree with and takes it down? Is that protected political expression or destruction of someone else’s property?

While some might view taking down or defacing yard signs as an act of civil discourse or political activism, the law is clear on the issue: Theft or vandalism of political signs is a crime in all 50 states. Trespassing on private property is also a punishable offense in every state.

WASHINGTON’S LAW REGARDING THE THEFT OR DEFACING OF POLITICAL YARD SIGNS

State law addresses the exact topic in RCW 29A.84.040. It is a misdemeanor to “[remove] or [defaces] lawfully placed political advertising” without permission. In Washington, misdemeanors can be punished by up to 90 days in prison or a fine of up to $1,000, and in some cases can carry both a sentence and a fine. The statute includes yard signs – the law mentions them specifically – and each yard sign taken down is considered a separate violation.

Additionally, violators face Criminal Trespass and/or Malicious Mischief charges, which are also misdemeanors. Criminal Trespass refers to intentionally entering someone else’s private property without their permission. Malicious Mischief refers to Knowingly and maliciously causing physical damage to the property of another.

POLITICAL YARD SIGNS ARE FIRST AMENDMENT FREE SPEECH

The right of a property owner to post signs representing their political beliefs is one that is rooted in the First Amendment, which protects every citizen’s right to freedom of expression. Generally, yard signs have proven to be an easy and inexpensive way to participate in public debate, and the courts have recognized the protected form of expression as such.

It is believed that the first political yard sign in American politics dates back to John Quincy Adams’ presidential run in 1824. The current wire-framed version of political lawn signs originated in the 1960s. However, the concept of political signage can be traced all the way back to Ancient Rome.

Increased theft and vandalism of political signs has prompted some property owners to attempt to catch trespassers by installing cameras such as security cameras, smart video doorbells, or trail cams. The footage is being used to shame people online and also helps law enforcement track down offenders.

Stealing or defacing political lawn signs is a terribly embarassing criminal conviction. Please contact my office if you, a friend or family member are charged.  Hiring an effective and competent defense attorney is the first and best step toward justice.

“If I am a suspect, then I want an attorney.” Clear Or Unclear Request For Counsel?

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Photo Courtesy of CCSNLUJ

In State v. Gardner, the WA Court of Appeals held that if a suspect makes an unequivocal request for an attorney predicated on a condition (here, “if I am a suspect, then I want an attorney”) it is a conditional invocation which the police must respect and the interrogation must cease pursuant to Miranda.

FACTUAL BACKGROUND

Mr. Gardner was a suspect in a homicide. He was contacted by police. They handcuffed Gardner, placed in the back of a patrol vehicle, and read his Miranda rights.  Gardner told a detective that if he was a suspect, he wanted an attorney. Although police admitted that Gardner was a suspect at the time he made this statement, they did not end the interrogation or provide Gardner with an attorney.

At trial, the judge denied Gardner’s motion to suppress evidence from the subsequent interrogation and concluded that Gardner’s request for an attorney was equivocal. As a result, Gardner’s recorded interview was admitted as evidence. He was found guilty of first degree murder, second degree assault, first degree unlawful possession of a firearm, and felony harassment.

On appeal, Mr. Gardner argues that the trial court violated his Fifth Amendment rights when it denied his motion to suppress his interview because detectives continued questioning him after he unequivocally requested counsel.

COURT’S ANALYSIS & CONCLUSIONS

Ultimately, the WA Court of Appeals (COA) agreed with Mr. Gardner:

“Gardner’s request for an attorney was conditional, not equivocal. Since law enforcement knew that the condition was met, they should have ceased the interrogation until Gardner was provided an attorney or reinitiated contact.” ~WA Court of Appeals

The Court reasoned that the Fifth Amendment protects against self-incrimination. Accordingly, law enforcement officers are required to give Miranda warnings where an individual is subjected to custodial interrogation. Prior to being subjected to custodial interrogation, Miranda requires that an individual must be informed of their right to remain silent and their right to an attorney. If a suspect requests an attorney, law enforcement must stop all questioning until an attorney has been provided or the suspect reinitiates talking on their own.

However, once a suspect waives his Miranda rights, only an unequivocal request for an attorney requires law enforcement to cease questioning. The request for counsel must be sufficiently clear that a reasonable officer would know that Miranda has been invoked.  Conversely, a request that is ambiguous or equivocal, such that a reasonable officer under the circumstances would understand that the suspect might be interested in obtaining an attorney, does not require the officer to cease questioning.

Under that analysis, the COA issued its ruling:

“Here, Gardner told law enforcement that if he was a suspect, he wanted an attorney when he was taken in for questioning on June 13. Gardner was in fact a suspect at that point. This was a conditional request—if this, then that. There was nothing ambiguous about this request. Gardner was unsure whether he was a suspect, but if he was, he wanted an attorney. Law enforcement knew that the condition had been met because they knew that Gardner was a suspect. Because law enforcement knew that the condition had been met, Gardner’s statement was a clear invocation of his right to counsel.” ~WA Court of Appeals

The COA further conclude that the State failed to meet its burden of showing that the constitutional error was harmless beyond a reasonable doubt. Thus, the COA reversed Mr. Gardner’s guilty convictions and remanded his case for a new trial.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

2024 Brings Massive Reduction in Drug Overdose Deaths

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Fewer US overdose deaths were reported last year, but experts are still cautious
Excellent article in NPR by news correspondent Brian Mann indicates 2024 is seeing a massive dropoff in drug overdose deaths. For the first time in decades, public health data from the CDC already shows an unprecedented decline in drug deaths of roughly 10.6 percent. That’s a huge reversal from recent years when fatal overdoses regularly increased by double-digit percentages.

“In the states that have the most rapid data collection systems, we’re seeing declines of twenty percent, thirty percent,” ~Dr. Nabarun Dasgupta, an expert on street drugs at the University of North Carolina.

According to Dasgupta’s analysis, the drop in state-level mortality numbers corresponds with similar steep declines in emergency room visits linked to overdoses. In many states, the sudden drop in drug deaths stunned some observers who lived through the darkest days of the fentanyl overdose crisis.

RAW DATA

  • Deaths in King County, Washington, linked to all drugs have dropped by 15 percent in the first half of 2024. Fatal overdoses caused by street fentanyl have dropped by 20 percent.
  • Overdose deaths in Ohio are down 31 percent. Ohio is now in the ninth consecutive month of a historic and unexpected drop in overdose deaths.
  • Overdose deaths in Missouri have now fallen roughly 34 percent in the second quarter of 2024.

DESPITE THE “GOOD NEWS,” DRUG OVERDOSE DEATHS PERSIST

After years of wrenching drug deaths that seemed all but unstoppable, some researchers, front-line addiction workers, members of law enforcement, and people using street drugs voiced caution about the apparent trend. Roughly 100,000 deaths are still occurring per year. Street drug cocktails including fentanyl, methamphetamines, xylazine and other synthetic chemicals are more poisonous than ever.

But most public health experts and some people living with addiction told NPR they believe catastrophic increases in drug deaths, which began in 2019, have ended, at least for now. Many said a widespread, meaningful shift appears underway.

WHAT INTERRUPTED THE DRUG OVERDOSE DEATH TREND?

  • Many people using fentanyl now carry naloxone, a medication that reverses most opioid overdoses.
  • Rapid improvements in the availability and affordability of medical treatments for fentanyl addiction.
  • More funding for addiction treatment and healthcare services, especially in Black and Native American communities where overdose deaths remain catastrophically high.
  • Fentanyl may be harder to find and less pure in some areas because of law enforcement efforts targeting Mexican drug cartels.
  • The chemical xylazine is also being mixed with fentanyl by drug gangs. While toxic in humans, causing lesions and other serious long-term health problems, xylazine may delay the onset of withdrawal symptoms in some users. Dasgupta said it’s possible that means people are taking fewer potentially lethal doses of fentanyl per day.
  • The end of the COVID pandemic, combined with the high number of people who have already died from drug overdoses.

My opinion? Quite often, drug addiction & homelessness go hand in hand. At times, drug use can temporarily provide a brief reprieve to the challenges of homelessness. For others, the mere stresses of life can make everyday, tax-paying citizens seek drugs and alcohol to self-medicate.

Many people don’t understand why or how other people become addicted to drugs. They may mistakenly think that those who use drugs lack moral principles or willpower and that they could stop their drug use simply by choosing to. In reality, drug addiction is a complex disease, and quitting usually takes more than good intentions or a strong will. Drugs change the brain in ways that make quitting hard, even for those who want to.

Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Study: Bail Reform Does Not Increase Crime

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A new study found no significant relationship between bail reform and crime rates. The study debunks the notion that bail reform led to the mid-pandemic spike in violent crime. The report, published by the Brennan Center, analyzed monthly crime data from 2015 through 2022. It included 22 cities that adopted bail reform and 11 cities that did not. Researchers looked at all major offenses across jurisdictions and then at specific types of crime.

The study also examined the impact of reforms according to whether they were implemented through legislation, court order, or changes in prosecutorial policy. Finally, the study focuses on cities where research shows reforms had large effects on how and when bail was set.

BACKGROUND

More than a dozen jurisdictions across the country have curtailed the use of money bail over the past decade. But after violent crime rose sharply in the first year of the Covid-19 pandemic, many politicians, police leaders, and pundits were quick to blame bail reform. Claims that bail reform undermines public safety ultimately led to a series of rollbacks. This study tested those claims.

“Ultimately this report finds no statistically significant relationship between bail reform and crime rates. In other words, there is no reason to believe that bail reform has led to increased crime. This holds true even when focusing on major policy changes that have drawn public scrutiny, like those in New York and New Jersey.” ~Bail Reform & Public Policy Study

Even after testing different types of reform, researchers still found no evidence to support a connection between bail reform and the uptick in crime since the pandemic.

In 2020, homicides surged 29 percent for the biggest one-year jump in FBI records. While some pointed the finger at bail reform, some experts suggested the massive disruption of the pandemic, gun violence, worries about the economy and intense stress were to blame. Fortunately, violent crime has been decreasing since 2022. FBI statistics released in June showed violent crime dropped considerably in the first few months of this year.

My opinion? The study’s findings add to a growing body of literature showing that bail reform is an unlikely explanation for recent trends in crime, whether increases or decreases. And they suggest that policymakers’ recent focus on weakening bail reforms as a response to crime has been misguided — and a distraction from smarter and more promising ways to enhance public safety.

Please review my Making Bail legal guide and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

When Victims Are Charged As Accomplices To Crimes

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Photo courtesy of study.com

What happens when crime victims are prosecuted as accomplices to their abuser’s criminal conduct? A recent Marshall Project investigation found survivors of domestic violence and sexual offenses are particularly vulnerable to prosecution because of the control their abusers hold over them.

THE PROBLEM

Even if a person does not directly commit a crime, they can still be punished for it. That’s because every state in the U.S. – including WA State – has a version of “accomplice liability.” These are laws that allow someone to be punished for assisting or supporting another person who commits a crime. In some cases, accomplice liability is prosecuted on victims even if their participation is under the threat of violence.

In some states, it does not legally matter if a person helped with a crime because they were threatened with death or feared physical violence. As a result, evidence of domestic abuse may not be considered relevant. In other cases, a survivor’s history of abuse may be used to justify their punishment.

THE NUMBERS

A study of 72 women serving life in Michigan prisons found 60% were there for a murder they didn’t commit. Most of those crimes were connected to a man they had a relationship with. In a different survey of people serving time for murder or manslaughter in women’s prisons, 13% of the respondents said they had been convicted for a crime committed with their abuser.

Reviewing court documents, the Marshall Project found nearly 100 cases where prosecutors charged a person (almost always a woman) for supporting, taking part in or failing to stop a crime by their alleged abuser. The cases include a woman who is in prison because her boyfriend severely beat her child, even though she wasn’t home at the time. In another instance, a woman helped her abuser sell stolen goods after a murder because, she said, she was afraid he would kill her.

POSSIBLE SOLUTIONS

Lawmakers and advocates for survivors say there are two ways to tackle the problem. The first would be to limit accomplice liability so fewer people can be charged using those laws. Another approach some states have taken is to rethink how domestic violence victims are sentenced. New York’s Domestic Violence Survivors Justice Act, passed in 2019, allows judges to depart from mandatory minimums when sentencing (or resentencing) survivors. According to the Survivors Justice Project, which works to free victims of domestic violence from prison, 64 people have been resentenced in New York after filing applications.

DEFENSES AT TRIAL

In WA State, Duress is a substantive defense to criminal charges, including accomplice liability. The Duress defense exists if (1) The defendant participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the defendant that in case of refusal the defendant or another person would be liable to immediate death or immediate grievous bodily injury; (2) such apprehension was reasonable upon the part of the defendant; and (3) the defendant would not have participated in the crime except for the duress involved.

Please contact my office if you, a friend or family member are charged as an accomplice to a crime. Duress might be an available defense. Hiring an effective and competent defense attorney is the first and best step toward justice.

Is Today’s Marijuana Too Strong?

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Photo Courtesy of Emily Zaboski/Daily Free Press Staff

Excellent article in the Atlantic by Malcolm Ferguson reports that marijuana users are realizing marijuana has become noticeably stronger. A drug they once turned to for fun and relaxation now triggers existential dread and paranoia.

In 2022, the federal government reported that THC — the psychoactive compound in weed that makes you feel high—had more than tripled compared with 25 years earlier, from 5 to 16 percent. That may understate how strong weed has gotten. Walk into any dispensary in the country, legal or not, and you’ll be hard-pressed to find a single product advertising such a low THC level. Most strains claim to be at least 20 to 30 percent THC by weight; concentrated weed products designed for vaping can be labeled as up to 90 percent.

For the average weed smoker who wants to take a few hits without getting absolutely blitzed, this is frustrating. For some, it can be dangerous. In the past few years, reports have swelled of people, especially teens, experiencing short- and long-term “marijuana-induced psychosis.” The consequences include hospitalizations for chronic vomiting and auditory hallucinations of talking birds. Multiple studies have drawn a link between heavy use of high-potency marijuana, in particular. The development of psychological disorders, including schizophrenia, have increased.

WHY HAS MARIJUANA POTENCY INCREASED SO MUCH?

The simplest explanation for this is that the casual smokers  aren’t the industry’s top customers. Serious stoners are. Regular users tend to develop a high tolerance, and their tastes drive the industry’s cultivation decisions. The industry is not shy about this fact.

My opinion?The history of drug enforcement in America was long one of discriminatory, draconian enforcement. But the shift toward legal weed has tacked too far in the opposite direction. If marijuana is to be sold legally, consumers should know what they’re buying and have confidence that someone is making sure it’s safe.

Please contact my office if you, a friend or family member are charged with a Drug Offense, DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Survey: Cannabis and Hallucinogen Use Remains At Historically High Levels

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weed-as-a-hallucinogent

Excellent article by CNN reporter Carma Hassan, says the use of cannabis and hallucinogens stayed at historically high levels among both younger and middle-age adults in the US in 2023. The data was released from a survey from Monitoring the Future, a study conducted by researchers at the University of Michigan since 1975 and funded by the National Institutes of Health.

THE NUMBERS

The survey showed that about 2 in 5 adults (42%) ages 19 to 30 reported using cannabis in the previous year. Nearly 10% of that group saying they used cannabis nearly every day. And for the first time, more women ages 19 to 30 reported cannabis use than men in the same age group. However, there was a higher prevalence of men using cannabis than women in the older age group. About 29% of midlife adults — people ages 35 to 50 — reported using cannabis at least once in the past year. Nearly 8% reporting using cannabis on a daily basis.

 “On average, a certain number of people in any group that’s a sizable portion are using marijuana on a daily or near-daily basis. And I think that bears watching, and those levels are at a historical high. Although they didn’t increase this year compared to the previous year, they’re still at quite high levels.” ~Dr. Wilson Compton, deputy director of the NIH’s National Institute on Drug Abuse.

CANNABIS VAPING

Cannabis vaping rose slightly among younger adults. Nearly 1 in 5 adults in that age group say they used it at least once in the past year. For midlife adults, about 9% of people in that group admitted vaping cannabis in the past year. Nicotine vaping also stayed high among both groups of adults, according to the report.

HALLUCINOGENS

The study discussed the use of hallucinogens – such as LSD, mescaline, peyote, PC and shrooms or psilocybin. In short, use of these drugs hovered around the same as in 2022, They landed at 9% for adults 19 to 30 (versus 8% the previous year) and 4% for adults 35 to 50 in 2023 and 2022.

“We have seen that people at different stages of adulthood are trending toward use of drugs like cannabis and psychedelics and away from tobacco cigarettes . . . These findings underscore the urgent need for rigorous research on the potential risks and benefits of cannabis and hallucinogens – especially as new products continue to emerge.” ~Dr. Nora Volkow, director of the National Institute on Drug Abuse.

ALCOHOL

The most-used substance among adults is still alcohol. Here, more than 4 in 5 younger adults (84%) reporting drinking in the past year. However, frequent drinking – either monthly, daily or binge drinking – all decreased in 2023 from the decade prior among 19- to 30-year-olds.

CIGARETTES, OPIOIDS & PRESCRIPTION DRUGS

The researchers also noted other decreases in drug use, reflecting a shift in habits. Cigarette smoking and use of opioid medications and prescription drugs for nonmedical reasons “maintained five- and 10-year declines” for both age groups.

n 2023, drug overdose deaths decreased for the first time since 2018, according to preliminary data from the US Centers for Disease Control and Prevention’s National Center for Health Statistics. About 107,500 people died from a drug overdose in 2023, the data showed, driven by fentanyl and synthetic opioids.

While only slight changes were observed compared with the previous year’s Monitoring the Future survey results, the researchers say the results still help inform the bigger picture — especially as the survey respondents age.

Please contact my office if you, a friend or family member are charged with a DUI, Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.