Drug War Chronicle

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Chronicle AM: USA Today Slams Asset Forfeiture, NY Times on AFT Drug Stash House Stings, More (11/20/14)

A new Maine legalization group lays out its vision, take your medical marijuana card when you go to Nevada next year, asset forfeiture gets ripped by USA Today, the New York Times takes a look at a questionable law enforcement practice, and more. Let's get to it:

Highway patrol or highwayman? Asset forfeiture gets more criticism (flickr.com)
Marijuana Policy        

New Maine Legalization Group Wants Home Grows, Social Clubs. Calling itself Legalize Maine, a new group has emerged with a plan to free the weed there. Group organizer Paul McCarrier said his plan is "home grown"—a jab at the Washington, DC-based Marijuana Policy Project (MPP), which has been laying the groundwork for statewide legalization there for the past several years—and would allow for home cultivation, the use of marijuana in social clubs, and an 8% tax on sales. MPP has not released details of what it will propose for the 2016 ballot, but its local initiatives in the state did not address home cultivation or allow for social clubs. Click on the link to read more detail on the Legalize Maine plan.

Medical Marijuana

Iowa Pharmacy Board Punts on Reclassification. The Board has decided to defer a decision on whether to reclassify marijuana from Schedule I to Schedule II under state law until its January meeting. The Board could have decided at its Wednesday meeting to recommend to the legislature that marijuana be rescheduled after a public hearing Monday, but while it said marijuana does have medical use, it also worried that it has high abuse potential. The board was (in)acting on a petition from Des Moines medical marijuana activist Carl Olsen.

Nevada Will Honor Medical Marijuana Cards from Other States. Once dispensaries begin to open in the state next year, people holding medical marijuana recommendations from other states will be able to purchase marijuana there.

Asset Forfeiture

Civil Asset Forfeiture Should "Go Away," Says USA Today. USA Today has joined the growing ranks of newspapers calling for state and federal civil asset forfeiture reform. In a Wednesday editorial, the country's third-largest daily circulation newspaper said asset forfeiture had come "unmoored" from its original intent of taking the profit out of crime and now appeared like something "one might expect in a banana republic, not the United States." The newspaper called for action on pending federal asset forfeiture reform bills and ended its editorial thusly: "Civil asset forfeiture is government at its absolute worst — intimidating helpless citizens for its own benefit. It needs to go away."

Law Enforcement

New York Times Examines ATF Fake Drug Stash House Rip-Off Stings. The Times turns a jaundiced eye to the Bureau of Alcohol, Tobacco and Firearms (ATF) use of imaginary stash-house stings, where undercover agents entice people into participating in what they thought were robberies of drug stash houses, only to be arrested and imprisoned, sometimes for decades. The newspaper notes that although most of the stings have survived legal challenges, some federal judges are now throwing out such cases. One federal judge in Los Angeles threw out a case earlier this year, citing "outrageous government misconduct" with the ATF "trawling for crooks in seedy, poverty-ridden areas — all without an iota of suspicion that any particular person has committed similar conduct in the past." Almost all of the people wrapped up in the stings have been brown or black. Clarence Walker has covered this issue for the Chronicle here and here.

International

Argentina As Latin America's Newest Drug Trafficking Hub. Argentina is emerging as a new drug trafficking hub, according to this analysis in World Politics Review. Author Benoit Gomis points to a number of factors ranging from geography to the size of the Argentine drug market, as well as infiltration by regional drug operations, weak law enforcement, and corruption. Gomis suggests one thing Argentina can do is emulate its neighbor Uruguay, which legalized marijuana last year in a bid to undercut the drug trade. Click on the link to read the whole thing. 

Medical Marijuana Update

California continues to see dispensary battles, Rhode Island's third dispensary opens, medical marijuana is moving in the South, and more. Let's get to it:

Federal

As of Wednesday, the Charlotte's Web Medical Hemp had picked up three more cosponsors. The bill, HR 5526, would amend the Controlled Substance Act to remove cannabidiol (CBD) and "therapeutic hemp" from the definition of marijuana. "Therapeutic hemp" is defined as marijuana plants containing less than 0.3% THC. The bill was introduced by Rep. Scott Perry (R-PA) and now has 36 cosponsors -- 20 Democrats and 16 Republicans. The latest are Reps. Jimmy Duncan (R-TN), Zoe Lofgren (D-CA), and Austin Scott (R-GA). The bill has been assigned to subcommittees of the House Judiciary and House Energy and Commerce committees.

California

Last Wednesday, the city of La Mesa was moving to shut down three dispensaries. The move comes after voters there failed to pass a municipal initiative to authorize and regulate the dispensaries. The dispensaries have until November 22 to close their doors, city officials said.

Last Thursday, San Diego moved ahead on shutting down unpermitted dispensaries. San Diego officials forced yet another unpermitted dispensary to shut down Thursday after shutting down four others three weeks ago. About 50 unpermitted dispensaries still operate in the city, which is going to allow permitted dispensaries to begin operating early next year.

Connecticut

Last Friday, state officials announced a hearing on adding new qualifying conditions. The state Department of Consumer Protection is considering whether to expand the state's quite restrictive list of qualifying medical conditions to include sickle cell anemia, Tourette's syndrome, "failed back syndrome," severe psoriasis, and psoriatic arthritis. The Board of Physicians will hold a public hearing on the matter on November 26. Click on the title link for more information.

Florida

Last Friday, a state judge rejected the Health Department's medical marijuana grower lottery plan. The state legislature this year approved the use of low-THC, high-CBD cannabis oils, but now an administrative law judge has ruled that the Department of Health's plan to use a lottery to choose growers is not the way to go. "I knew that the lottery became strictly a chance-based scenario and it wasn't merit-based or experience-based. And to me, I had to object to it," said Judge W. David Watkins in his order last Friday. The ruling should result in a better system of distributing licenses, but it could also delay when the cannabis oil actually becomes available to patients.

Georgia

On Monday, a state legislator prefiled a low-THC, high-CBD medical marijuana bill. State Rep. Allen Peake (R-Macon) has pre-filed a bill that would legalize a form of medical marijuana in the state. At this point, House Bill 1 is little more than a mission statement, with details to be filled in later, Peake said. Peake tried to do the same thing in the just finished legislative session, but that bill died on the last day of the session.

Iowa

On Monday, a Board of Pharmacy committee heard debate on reclassifying marijuana. The board met Monday in Des Moines to hear debate on whether marijuana should be moved from Schedule I to Schedule II under state law. Such a move would be a step toward allowing medical marijuana in the state. The board is responding to a petition from long-time Iowa medical marijuana activist Carl Olsen. The committee is expected to make a recommendation on the matter to the full Board of Pharmacy on Wednesday.

Maryland

Last Thursday, a state commission approved medical marijuana regulations. The commission charged with drafting the regulations approved them Thursday, but they still need to be approved by a legislative panel and the state's health secretary. The approval came after a delay last month, when some critics said fees for growers and dispensaries were too high. They still ain't cheap: Fifteen licensed growers will have to pay $250,000 every two years, while dispensaries will have to pay $80,000 every two years. The program isn't expected to be operational until 2016.

Rhode Island

On Wednesday, the state's third and final dispensary opened. The Summit Medical Compassion Center is set to open in Warwick tomorrow. There are two others in the state, one in Portsmouth and one in Providence. Three is all the state's medical marijuana law allows.

South Carolina

Last Thursday, a state senator said he will introduce a medical marijuana bill. State Sen. Tom Davis (R-Beaufort), who sponsored a successful low-THC, high-CBD medical marijuana bill this year, said Thursday he will sponsor a full-fledged medical marijuana bill next year. He made the announcement at a meeting of the state Medical Marijuana Study Committee at Clemson University.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Another Southern California Man Killed in Police Drug Investigation

Police doing a drug investigation in Riverside, California, shot and killed a man after he pointed a gun at them Tuesday afternoon. The as yet unnamed dead man becomes the 36th person to die in US domestic drug law enforcement operations so far this year and the second in Southern California in the past week.

According to The Riverside Press-Enterprise, citing police sources, officers taking part in a drug investigation tried to stop a vehicle, but the driver didn't stop until he reached a driveway and then fled on foot with officers in pursuit.

When the man reached the back yard of a home, he stopped, turned, and pointed a pistol at the pursuing officers, police said. Officers then opened fire, killing the man.

"The suspect is deceased," Lt. Mike Cook said from the scene.

Riverside, CA
United States

Chronicle AM: OR Pot Tax Battle, MA Mandatory Minimums Under Fire, More (11/19/14)

Oregon cities will fight to be allowed to tax marijuana, the CRS says state-level legalization leaves the US vulnerable to criticism on international drug treaties, federal reform bills pick up more sponsors, Hawaii medical marijuana patients get some rental protections, Iran is fine with executing drug traffickers, and more. Let's get to it:

Iran says drug traffickers deserve to be executed. (iranhr.net)
Marijuana Policy

Congressional Research Service Says Legalization Leaves US Vulnerable to Charges It Violates International Drug Treaties. In a report released this week, the Congressional Research Service said state-level marijuana legalization challenges the international drug treaties, but that legalization in the District of Columbia would be the most direct affront because Congress has oversight over DC laws and the ability to void them. "This line of reasoning suggests that if Initiative 71 is permitted to take effect, this inaction by the federal government may strengthen the [International Narcotics Control] Board's argument that the United States has not fulfilled its commitments under the Single Convention," the report said. Congress could challenge DC legalization, but it appears there is little interest in doing so.

Oregon Cities Seek to Tax Marijuana. The League of Oregon Cities says it will ask the legislature to amend the voter-approved Measure 91 legalization initiative to explicitly allow local taxes imposed before the measure was approved earlier this month. Measure 91 sponsors say they will oppose the move because it could drive prices up high enough to encourage users to continue to resort to the black market. The legislature is considering forming a joint committee to consider this and regulatory issues in the wake of Measure 91's passage. Measure 91 allows for the state to tax marijuana, but not localities. Some 70 Oregon localities passed tax measures before Measure 91 was approved.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up New Cosponsors. The bill, HR 5526, would amend the Controlled Substance Act to remove cannabidiol (CBD) and "therapeutic hemp" from the definition of marijuana. "Therapuetic hemp" is defined as marijuana plants containing less than 0.3% THC. The bill was introduced by Rep. Scott Perry (R-PA) and now has 36 cosponsors -- 20 Democrats and 16 Republicans. The latest are Reps. Jimmy Duncan (R-TN), Zoe Lofgren (D-CA), and Austin Scott (R-GA). The bill has been assigned to subcommittees of the House Judiciary and House Energy and Commerce committees.

Hawaii Law Protecting Medical Marijuana Patient Housing Rights Goes Into Effect. As of this month, a new law voids provisions in state rental agreements that previously allowed for tenants to be evicted based on their status as registered medical marijuana patients. The Medical Cannabis Coalition of Hawaii fought for and now applauds this step toward protecting patient rights. The law does not, however, protect people living in government-subsidized housing.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Act Picks Up New Cosponsor. The bill, HR 5212, would strengthen protections against asset forfeiture and require that seizures be proportional to the offense. It was sponsored by Rep. Tim Walhberg (R-MI) and now has 20 cosponsors -- 15 Republicans and five Democrats. The latest is Rep. Tony Cardenas (D-CA). The bill is before the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Drug Treatment

Federal Comprehensive Addiction and Recovery Act Picks Up New Cosponsors. The bill, S 2389, was introduced by Sen. Sheldon Whitehouse (D-RI). It would provide grants to community-based anti-drug coalitions, create treatment instead of incarceration programs, and provide for evidence-based opioid treatment interventions, among other provisions. It now has six cosponsors -- four Democrats and two Republicans. The latest are Sens. Dianne Feinstein (D-CA) and Al Franken (D-MN). It is before the Senate Judiciary Committee.

Sentencing

Federal Smarter Sentencing Act Picks Up New Cosponsors. The bill, HR 3383, was introduced by Rep. Raul Labrador (R-ID) and would allow federal judges to sentence most drug offenders without regard to mandatory minimum sentences. It would also allow crack cocaine offenders sentenced before 2010 to seek sentence reductions. It now has 55 cosponsors -- 36 Democrats and 19 Republicans, and is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Federal Second Chance Reauthorization Act Picks Up New Cosponsor. The bill, HR 3465, was introduced by Rep. James Sensenbrenner (R-WI) and would expand federal grants to aid former prisoners reentering society. It has 45 cosponsors -- 37 Democrats and eight Republicans. The latest is Rep. Grace Meng (D-NY). It is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Massachusetts Chief Justice Renews Call for End to Mandatory Minimums for Drug Offenders. After a visit to Worcester Trial Court to meet with local court officials and employees, Supreme Judicial Court Chief Justice Ralph Gants reiterated an earlier call to abolish mandatory minimums for drug offenders. He said he wants "individualized, evidence-based" sentencing. "Everybody sort of feels that the drug problem is not getting any better. I think everybody recognizes that we're not going to incarcerate ourselves out of the problem," he said.

Massachusetts Criminal Justice Panel Recommends Eliminating Mandatory Minimums for Drug Offenders. The Special Commission to Study the Commonwealth's Criminal Justice System has recommended ending mandatory minimum sentences for all drug offenses in the state. It is also calling for parole eligibility for all inmates who have served at least two-thirds of the lower end of their sentences, except for those convicted of murder or manslaughter. The commission is working on a report for incoming Gov. Charlie Baker (R). Baker signaled support for ending mandatory minimums for drug offenders during the campaign.

International

Iran Rejects Criticism of Its Resort to the Death Penalty for Drug Traffickers. Iranian Justice Minister Mostafa Pourmohammadi Tuesday rejected criticism from human rights campaigners and UN human rights bodies over its frequent executions of drug traffickers. "We do not accept the statements made by the UN human rights bodies that drug-related convicts should not be executed," he said. He added that anyone who smuggles or deals drugs deserves to be executed.

Report on Drug Policy Progress in Asia. The Open Society Foundations Global Drug Policy Program has published "Moving the Needle on Drug Policy in Asia," which examines innovations in drug policy in an area that boasts some of the world's harshest drug policies. The report looks at harm reduction programs in Taiwan and drug treatment programs in Malaysia. Click on the title link to read it.

This Week's Corrupt Cops Stories

A Baltimore cop who insisted on arresting the wrong guy is in trouble, a suburban Chicago cop who tried to be a little too helpful to some women has lost his job, and a Tennessee cop facing federal drug-related money laundering charges retires with his benefits. Let's get to it:

In Baltimore, a Baltimore police officer was charged last Friday with arresting on drug charges a man he knew was innocent. Officer Steven Slack was part of an arrest team directed to detain a man observed by hidden officers making a hand-to-hand drug deal, but he placed the wrong person under arrest. Even though he was informed by the observing officers that he had the wrong guy, Slack arrested him anyway and wrote up an arrest report claiming he had committed the crime. Slack is now charged with official misconduct and perjury.

In Newport, Tennessee, a Newport police officer facing money laundering charges retired last Wednesday. Former Captain Roger Lynn Schults, 54, had been indicted in July on one count of conspiracy to commit money laundering and three counts of money laundering along with another Newport police officer, the officer's wife, who is a city alderwoman, and their son. The federal charges involve a hydrocodone distribution ring. It looks like Schults will get his retirement benefits, too, according to his brother, Newport Police Chief Maurice Schults.

In Hoffman Estates, Illinois, a Hoffman Estates police officer has resigned after being caught phoning female partiers at a local hotel and warning them that police were on the way because of a marijuana smoke and loud noise complaint. The officer, who has not been named, had met the two women earlier in the evening during a traffic stop. One of the women, who was later arrested on a prostitution charge, told arriving officers "one of your cops keeps calling us, and he just called telling us the cops were on the way." He signed a separation agreement with the department in September, and faces no administrative or criminal charges.

Chronicle AM: Marley Marijuana, New Player in Maine, DC OKs Forfeiture Reform, More (11/18/14)

Get ready for "Marley Natural" weed, there are now competing legalization efforts in Maine, a high-CBD medical marijuana bill is the first one pre-filed for next year in Georgia, the DC city council approves civil asset forfeiture reform, and more. Let's get to it:

Marijuana Policy

Bob Marley Will Become a Marijuana Brand. The family of legendary Jamaican reggae singer and ganja lover Bob Marley has inked a deal with an American private equity group to sell marijuana under the "Marley Natural" name. The deal is with Privateer Holdings, which says on its web site that "Marley Natural is born of Bob Marley's deep respect for the power of nature to heal and inspire us. True to his ideals, we will cultivate fine cannabis, blend infused topicals, and craft accessories that celebrate life, awaken well-being and nurture a positive connection with the world." The Marley-branded weed is expected to show up next year in places where it is legal.

St. Louis Post-Dispatch Supports Putting Marijuana on the Ballot in 2016. In an editorial last week, The St. Louis Post-Dispatch came out in support of the Show Me Cannabis petition drive to put a pot legalization constitutional amendment initiative on the 2016 ballot. "The time for a statewide debate over marijuana legalization is ripe," the newspaper editorialized. "Let the great pot debate of 2016 begin." The Post-Dispatch is Missouri's second largest daily circulation newspaper.

Second Legalization Effort Emerges in Maine. A new group has emerged seeking to free the weed in Maine. Legalize Maine says it will take "a homegrown approach" to legalization and will include the legalization of marijuana social clubs. It has registered the LegalizeMaine.org and LegalizeMaine.com web sites, but there's nothing on them yet. The Marijuana Policy Project has been working Maine for the past several years and plans to run a 2016 legalization initiative there. This could complicate matters.

Medical Marijuana

Georgia Legislator Pre-Files Low-THC, High-CBD Medical Marijuana Bill. State Rep. Allen Peake (R-Macon) has pre-filed a bill that would legalize a form of medical marijuana in the state. At this point, House Bill 1 is little more than a mission statement, with details to be filled in later, Peake said. Peake tried to do the same thing in the just finished legislative session, but that bill died on the last day of the session.

Iowa Board of Pharmacy Committee Hears Debate on Reclassifying Marijuana. The board met Monday in Des Moines to hear debate on whether marijuana should be moved from Schedule I to Schedule II under state law. Such a move would be a step toward allowing medical marijuana in the state. The board is responding to a petition from long-time Iowa medical marijuana activist Carl Olsen. The committee is expected to make a recommendation on the matter to the full Board of Pharmacy on Wednesday.

Rhode Island's Third and Final Dispensary Opens Tomorrow. The Summit Medical Compassion Center is set to open in Warwick tomorrow. There are two others in the state, one in Portsmouth and one in Providence. Three is all the state's medical marijuana law allows.

Asset Forfeiture

DC City Council Votes Unanimously for Civil Asset Forfeiture Reform. The council voted unanimously today to reform the way the nation's capital handles asset forfeiture. The measure would direct seized funds to the city's general fund instead of the police department and it establishes more protections for citizens in the asset forfeiture process.

International

Marijuana Legalization Debated in Frankfort. For the first time, a German city has officially debated changing its marijuana laws. Officials heard from police, economists, doctors, and drug counselors. A city health department official, Rosemarie Heilig, called for a pragmatic approach to dealing with marijuana that stresses counseling and therapy instead of punishment.

Chronicle AM: Congress Unlikely to Mess With DC Marijuana Legalization, Guatemala Could Legalize Next Year, More (11/17/14)

Congress may "just say meh" to DC legalization, Washington state's first pot auction was a success, it's back to the drawing board for Florida Charlotte's Web regulators, Lebanese hash farmers have an unusual problem, Guatemala's president said pot legalization could be coming soon, and more. Let's get to it:

There's too much hash in the hash fields of Lebanon. (cannabisculture.com)
Marijuana Policy

Congressional Republicans Not Too Interested in Blocking DC Legalization. Congressional Republicans, eager to wage battle against President Obama and the Democrats on immigration reform and the Affordable Care Act, don't appear that interested in trying to block the District of Columbia from implementing the marijuana legalization initiative voters approved on Election Day. The Washington Post quoted several senators who said they had other things on their minds. "That's pretty far down my list of priorities," said Sen. Lindsey Graham (R-NC). "I haven't given it one thought," said Sen. Rob Portman (R-OH). The Post also quoted a Heritage Foundation analyst as saying trying to block DC legalization could cost valuable political capital and expose a rift between GOP social conservatives and libertarians.

Washington State's First Pot Auction Brings in $600,000. In the first auction of legally licensed and produced marijuana in the state, Fireweed Farms sold more than 300 pounds of pot Saturday at an average price of $2,000 a pound. That's a $600,000 payday for the growers.

Pot Smoking Tickets Up Nearly Five-Fold in Denver. Through the first three quarters of this year, Denver police have cited 668 people for public pot smoking, compared to just 117 during the same period last year. That's a 471% increase. Even under legalization, public display and consumption of marijuana remains a no-no. Some advocates said public consumption will be an issue until the city allows for it to be consumed in bars or pot clubs.

Medical Marijuana

Florida Judge Rejects Medical Marijuana Growers Lottery Plan, Sends Health Department Back to Drawing Board. The state legislature this year approved the use of low-THC, high-CBD cannabis oils, but now an administrative law judge has ruled that the Department of Health's plan to use a lottery to choose growers is not the way to go. "I knew that the lottery became strictly a chance-based scenario and it wasn't merit-based or experience-based. And to me, I had to object to it," said Judge W. David Watkins in his order last Friday. The ruling should result in a better system of distributing licenses, but it could also delay when the cannabis oil actually becomes available to patients.

Asset Forfeiture

Scranton Times-Tribune Calls for Asset Forfeiture Reform. One of Pennsylvania's mid-level newspapers has jumped on the asset forfeiture reform bandwagon. In a Monday editorial, The Scranton Times-Tribune called for federal civil asset forfeiture reform. Citing "pervasive abuses" by state, local, and federal law enforcement agencies, the newspaper called on the Congress to pass pending asset forfeiture reform legislation, and for Pennsylvania officials to examine whether the state's asset forfeiture law needs reform as well.

Prescription Drugs

DEA Pays Visit to NFL Teams Over Use of Pain Relievers. Spurred by reports of widespread use of prescription pain relievers in a recent lawsuit filed against the NFL, DEA agents Sunday visited several NFL teams to question medical staff members about their prescribing practices for drugs used to energize players before games and relieve their pain afterward. The DEA characterized the visits as "administrative," and nothing was seized and no one detained. "Our role is law enforcement, and we have the regulatory authority to make sure anyone who has a license operates within the law," said DEA spokesman Rusty Payne.

Harm Reduction

Chicago Recovery Alliance's Harm Reduction Gets Work Some Notice. The DePaul University newspaper The DePaulia has profiled the Windy City's Chicago Recovery Alliance and the harm reduction work in which it is engaged. The newspaper calls harm reduction "a small movement in the United States meant not to stigmatize drug users, but to safely educate and assist drug users with the ultimate purpose of reducing risk and eliminating drug-related complications and deaths." It's actually a pretty good overview of the harm reduction field.

International

With Lebanese Army Busy with Syrian Civil War, Hash Farmers Are Cursed By Oversupply. For the second year in a row, the Lebanese Army has been too concerned with the fighting on its borders to get around to eradicating marijuana crops in the Bekaa Valley, but the hash farmers can't win for losing. Now they face a flooded market and falling prices. Before the Syrian civil war and the glut, farmers were getting $1,500 for 1.2 kilos of hash; now that price has fallen to $500. Not only is the glut the problem, but political and military insecurity have made smuggling more difficult as well, feeding further downward price pressures.

Guatemala President Says County Could Legalize Marijuana Next Year. In an interview with TeleSur TV on Saturday, President Otto Perez Molina said Guatemala would decide early next year whether to follow Uruguay on the path to marijuana legalization. Perez Molina has also made similar noises about legalizing opium poppy production. Stay tuned.

Southern California Man Dies in Drug Raid Shootout

A shootout that erupted Thursday afternoon when police in San Bernardino, California, followed a drug suspect to his home left one man dead and a Downey Police undercover officer seriously wounded. The as yet unnamed dead man becomes the 35th person to die in US domestic drug law enforcement operations so far this year.

According to CBS 2 News, a Downey Police undercover unit was attempting to serve a search warrant at the residence when they were "immediately hit by gunfire." One officer was struck in the arm, backside, and chest, but was wearing a protective vest and was treated and released from the hospital that same night.

The suspect was shot and killed in the home's front yard. A SWAT team later entered the home and found "a large quantity of narcotics."

According to KTLA 5 News, police doing a narcotics investigation had followed the suspect to the scene. KTLA also reported that the same officer who was wounded was the one who shot and killed the suspect.

San Bernardino , CA
United States

Chronicle AM: NYC Council Head Says Legalize, UT Drug Defelonization Move, Burma Opium, More (11/14/14)

New York's city council speaker says legalize it, there are medical marijuana moves in Connecticut and Maryland, a Utah commission suggests defelonizing drug possession, a Peruvian petition seeks to end arrests for drug use, which is not a crime in Peru, and more. Let's get to it:

image from the Peruvian petition drive campaign to stop illegal drug use arrests
Marijuana Policy

New York City Council Speaker Says Legalize It. Melissa Mark-Viverito, speaker of the New York City Council, has come out for marijuana legalization. "It's not something we can just do randomly, but with a thought process, and looking how it's being implemented in other areas. But I do support the legalization of marijuana," she said in response to a reporter's question. "States are speaking. Based on the conversations that we see happening nationally, and how people feel about it, I think that it's just something that is appropriate at this time." At least four other council members, including Rafael Espinal, Stephen Levin, Mark Levine, and Jumaane Williams, have also pronounced in favor of freeing the weed.

Medical Marijuana

San Diego Moves Ahead on Shutting Down Unpermitted Dispensaries. San Diego officials forced yet another unpermitted dispensary to shut down Thursday after shutting down four others three weeks ago. About 50 unpermitted dispensaries still operate in the city, which is going to allow permitted dispensaries to begin operating early next year.

Maryland Commission Approves Medical Marijuana Regulations. The commission charged with drafting the regulations approved them Thursday, but they still need to be approved by a legislative panel and the state's health secretary. The approval came after a delay last month, when some critics said fees for growers and dispensaries were too high. They still ain't cheap: Fifteen licensed growers will have to pay $250,000 every two years, while dispensaries will have to pay $80,000 every two years. The program isn't expected to be operational until 2016.

South Carolina Senator Will Introduce Medical Marijuana Bill. State Sen. Tom Davis (R-Beaufort), who sponsored a successful low-THC, high-CBD medical marijuana bill this year, said Thursday he will sponsor a full-fledged medical marijuana bill next year. He made the announcement at a meeting of the state Medical Marijuana Study Committee at Clemson University.

Connecticut to Consider Adding New Qualifying Conditions for Medical Marijuana. The state Department of Consumer Protection is considering whether to expand the state's quite restrictive list of qualifying medical conditions to include sickle cell anemia, Tourette's syndrome, "failed back syndrome," severe psoriasis, and psoriatic arthritis. The Board of Physicians will hold a public hearing on the matter on November 26. Click on the title link for more information.

Asset Forfeiture

The Orange County Register Calls for Federal Asset Forfeiture Reform. In a Thursday editorial, The Orange County Register wrote that one way a divided Congress could show some bipartisanship is by passing asset forfeiture reform legislation. "Civil asset forfeiture hasn't made many headlines until this year. But its very obscurity has bred a degree of corruption that badly undermines the integrity of law enforcement -- from local police all the way to the FBI," the newspaper noted, calling the process "rife with abuse." The suburban Los Angeles daily, California's 5th largest circulation newspaper, also said asset forfeiture too often resembled "literal highway robbery -- committed by the very people charged to serve and protect." The Civil Asset Forfeiture Reform Act (HR 5212) is pending in the Congress.

Harm Reduction

Report on the 10th National Harm Reduction Coalition Conference. The Harm Reduction Coalition's 10th national conference took place late last month in Baltimore. Click on the title link to get a lengthy and informative report on it from the North Carolina Harm Reduction Coalition's Tessie Castillo.

Sentencing

Utah Crime Commission Calls for Defelonzing Drug Possession. In a report released Thursday, the Criminal and Juvenile Justice Commission rolled out a package of recommendations for controlling prison population growth, including making first-time drug possession a misdemeanor instead of a felony. All of the report's recommendations were approved unanimously by the commission. Now, it will be up to the legislature to enact them.

International

Another Year of Rising Opium Production in Burma. The Irawaddy Journal and Magazine has a lengthy report on this year's opium crop in the Shan state. Production is up for the sixth year in a row, and Burma now accounts for 18% of global opium production, according to the UN Office on Drugs and Crime (UNODC). "We could not grow any other plants here to make a living, except poppy. If they [the government] ban it, we will have no other jobs," said a 50-year-old villager. A good read; check it out.

Petition Urging Peruvian Government to Stop Arresting People for Drug Use, Which is Not a Crime. Drug use is not a crime under Peruvian law, but more than half of all drug trafficking charges are for drug use -- not drug trafficking. Activists in Peru have been working to get police to actually obey the law and not arrest drug users, but so far to no avail. Now, there is a petition directed at Interior Minister Daniel Urresti and the National Police, urging them to abide by the law. Click on the link to sign it. They are seeking 25,000 signatures, but only have 526 so far. Okay, make that 527 now.

Saudi Arabia Executes Another Drug Offender, 22nd This Year. A Pakistani man convicted of smuggling heroin into the kingdom in his intestines was beheaded in Kharj Thursday. Niaz Mohammed Ghulam Mohammed was the seventh person beheading for drug trafficking this month, and the 22nd of the year. Drug offenders account for about 40% of all Saudi executions so far this year.

Chronicle AM: Afghan Opium Funds Elections, Big WA Pot Auction, NV Signatures Handed In, More (11/13/14)

More poppies are growing than ever in Afghanistan, and they helped fund the recent presidential election; the UNODC head tsk-tsks at US legalization votes, Nevada petitioners hand in 2X the signatures needed, federal bills get more sponsors, and more. Let's get to it:

In Afghan fields, the poppies grow... (unodc.org)
Marijuana Policy

UN Anti-Drug Chief Says Legalization in US States Violate Drug Treaties. Yuri Fedotov, head of the UN Office on Drugs and Crime (UNODC), said Wednesday that American states that have legalized marijuana are not in line with international drug conventions. "I don't see how (the new laws) can be compatible with existing conventions," he told reporters. Fedotov is coming to Washington next week to discuss the issue with the US State Department and other UN agencies.

US Representatives from Marijuana States Urge Colleagues Not to Interfere. Members of Congress from states that have legalized marijuana held a press conference in Washington, DC, today to urge Congress not to try to interfere with state-level legalization. Democrats from Colorado (Jared Polis), Oregon (Earl Blumenauer), and the District of Columbia (Eleanor Holmes Norton) were joined by Republican California Congressmen Dana Rohrabacher. With some congressional Republicans grumbling, DC would appear to be at some risk of interference, since Congress controls the purse strings.

Nevada Legalization Petitioners Turn in Twice the Number of Signatures Needed. It looks like Nevada is going to vote on legalization in 2016 (if the legislature doesn't act first). The Coalition to Regulate Marijuana Like Alcohol in Nevada Wednesday turned in 200,000 signatures for its proposed 2016 legalization initiative. It only needs 101,667 valid voter signatures to qualify for the ballot. Once the signatures are validated, the measure will head for the 2016 ballot unless the legislature decides to just pass it itself next year.

Oregon Liquor Control Commission Has Updated FAQs for Recreational Marijuana. In response to public queries, the commission has updated its recreational marijuana FAQs page. Click on the link to see the updates. Here is the full FAQs page.

RAND Briefs Vermont Lawmakers on Legalization Issues; Public Hearing, Too. The RAND Corporation's Drug Policy Research Center, which has been contracted by the state to prepare an in-depth report on the potential financial and social impact of legalization, briefed lawmakers Wednesday with the report's outlines. Center co-director Beau Kilmer told the lawmakers the report will cover the state's marijuana "landscape," analyze health and safety issues, review alternate approaches to taxation and regulation, and provide financial projections. Kilmer identified nine questions lawmakers should be asking themselves; click on the link to see them. The briefing was followed by a public hearing that took place on closed circuit television on towns around the state. The RAND report is due in January.

Virginia Decriminalization Bill Filed. State Sen. Adam Ebbin (D-Arlington) has filed a bill that would decriminalize the possession of less than an ounce of marijuana. The bill will be considered in the new session beginning in January. It is SB 686.

Washington Pot Farmer to Auction Off A Ton of Weed. Well, this should help with those reported shortages plaguing the Washington state legal marijuana market. Fireweed Farm, a licensed marijuana producer in Prosser, has announced that its crop is in and processed, and it will be selling its one-ton harvest to the highest bidder (heh) on Saturday.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up New Sponsors. The bill would remove low-THC, high-CBD cannabis oils from Schedule I of the Controlled Substances Act. It's newest sponsors are Reps. Mike Honda (D-CA), Adam Schiff (D-CA), Chris Van Hollen (D-MD), Alan Nunnelee (R-MS), Richard Hanna (R-NY), and Allen Lowenthal (D-CA). The bill was introduced by Rep. Scott Perry (R-PA) and now has 32 cosponsors -- 18 Democrats and 14 Republicans. It has been assigned to subcommittees of the House Judiciary and House Energy and Commerce Committees.

Georgia Low-THC, High-CBD Medical Marijuana Bill to Be Debated in January. Lawmakers who tried and failed to get a low-THC, high-CBD medical marijuana passed this year will be back at it in the coming session. The bill sponsor, Rep. Allen Peake (R-Macon), said he will introduce an improved bill to be debated in January. He said he hopes to file it next month.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Act Picks Up New Sponsors. The bill, HR 5212, is sponsored by Rep. Tim Wahlberg (R-MI) and would tighten requirements for asset forfeiture. The latest cosponsors are Reps. Sam Farr (D-CA), James Moran (D-VA), Steve Stockman (R-TX), Henry Johnson (D-GA), Tom McClintock (R-CA), and Kerry Bentivolio (R-MI). The bill now has 19 cosponsors -- 15 Republicans and four Democrats. It is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Pardons and Clemency

Arkansas Governor Pardons Son for Marijuana Conviction. Gov. Mike Beebe (R) has issued a pardon for his son, Kyle Beebe, who was convicted in 2003 of marijuana possession with intent to deliver. It is one of 25 pardons he is issuing before leaving office in January. Beebe has issued more than 700 pardons during his time in office, including a number of other first time drug offenders.

Sentencing

Federal Second Chance Reauthorization Act Picks Up New Sponsors. Introduced by Rep. James Sensenbrenner (R-WI), the bill would expand grant programs aimed at helping people upon their release from prison. The House version, HR 3465, has now picked up Reps. Peter DeFazio (D-OR), Zoe Lofgren (D-CA), and Suzan DelBene (D-WA), while the Senate version, S 1690, is now cosponsored by Sen. Benjamin Cardin (D-MD). The House version now house 44 cosponsors (36 Democrats and eight Republicans), while the Senate version, introduced by Sen. Pat Leahy (D-VT), now has 22 cosponsors (17 Democrats, four Republicans, one independent).

Drug Testing

Key West Settles With Job Applicant Who Refused Drug Test. The city of Key West, Florida, will pay $75,000 to a former resident who refused to take a pre-employment drug test after applying for a position with the city and was then eliminated from consideration. The city will also pay $60,000 to the ACLU of Florida, which represented Karen Cabanas Voss. She had sued, arguing that the city's drug testing policy was unconstitutional, and a federal district court judge found in her favor.

International

Opium Helped Fund Afghan Elections, UNODC Says. The amount of land planted with opium poppies this year is at record levels, UN officials said Wednesday, and they said this year's presidential election campaign was part of the reason. "With the presidential election ongoing, there was a huge demand of funding," said Jean-Luc Lemahieu, a senior official with the UN Office on Drugs and Crime (UNODC). "And that funding is not available in the licit economy, and that money has to come from somewhere, so they turned to the illicit economy." In its annual opium survey, UNODC found that the area under cultivation had increased 7%, while eradication decreased by 63% between last year and this year.

Medical Marijuana Update

It's been a quiet week on the medical marijuana front, perhaps a post-election lull. But there is news from California, Colorado, and Rhode Island. Let's get to it:

California

On Tuesday, activists complained that California veterans were being denied pain medications over their medical marijuana use. California NORML reported that it is being contacted by veterans who are being told by their VA doctors that they must choose between their prescription pain medications and medical marijuana. The group reports "a spate of complaints" from Long Beach and Loma Linda after scheduling changes for some prescription drugs recently took effect. Those changes entail stricter reporting requirements for doctors, and that, among other factors, seems to have spurred the tightening up. Click on the title link for more details and a plan for action from Canorml and Veterans for Medical Cannabis Access.

Colorado

On Tuesday, Colorado reported another $30 million month in medical marijuana sales. September sales were at $31.6 million, down slightly from August's $33.4 million. The all-time high was in February, when medical marijuana sales totaled $36 million. Recreational sales are also running about $30 million a month.

Rhode Island

On Wednesday, the ACLU filed a lawsuit over medical marijuana employment discrimination. The ACLU of Rhode Island has filed a lawsuit on behalf of a URI graduate student who was denied summer employment this year at a fabrics company because of her status as a registered medical marijuana user. The suit is on behalf of Christine Callaghan, a graduate of the Savannah College of Art and Design who is studying textiles and working towards a masters' degree in that field at URI. She has participated in the medical marijuana program for almost two years to deal with frequent, debilitating migraine headaches. She lost a pain internship offer with Darlington Fabrics after disclosing her medical condition and medical marijuana patient status. The lawsuit argues that failure to hire because of a potential employee's patient status is discriminatory under the state's Civil Rights Act.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

This Week's Corrupt Cops Stories

Busy, busy. A crooked FBI agent is wreaking havoc with drug cases in DC, rip-off cops get busted in Chicago and Philly, an Alabama cop gets nailed for making a woman cook meth for him, and more. Let's get to it:

In Washington, DC, a federal judge threw out 13 more tainted drug cases last Friday. US District Judge Reggie Walton dismissed 13 criminal indictments against defendants in major drug cases as a scandal around FBI agent Matthew Lowry, 33, continues to unravel. Lowry is accused of tampering with drugs, guns, and other evidence seized in the cases, but he has not yet been charged with any criminal offenses. A day earlier, prosecutors dropped charges against 10 other defendants, some of whom had been serving lengthy prison sentences.

In Chicago, a Cook County sheriff's deputy was arrested on drug corruption charges last Monday. He killed himself the next day. Officer Stanley Kogut apparently hanged himself at the Metropolitan Correctional Center where he was being held. He and his partner, Robert Vaughan, had been arrested in an FBI sting after they robbed an agent posing as a drug dealer of 70 pounds of marijuana.

In Salem, West Virginia, a Salem Correction Facility guard was arrested last Wednesday after she was caught bringing pills, powders, and paraphernalia into the jail. Guard Philomena Liberty got caught during a random pat down at the start of her shift. Officers found she had six different types of pills, a cardboard envelope containing a white powder, and drug paraphernalia. She denied that she intended to traffic the drugs, saying she was going to crush and snort them herself. She is charged with transporting drugs into a correctional facility.

In Philadelphia, a former Philadelphia police officer was arrested last Wednesday for allegedly ripping off drug dealers and buyers along with three middlemen. Christopher Saravello is accused of using the middlemen to buy or sell drugs to others and then providing him with information on their locations. Saravello would then show up in uniform in his police vehicle, pretend to lock up his middlemen, and then let the buyers and dealers go, but only after stealing their cash and drugs. Saravello had resigned from the department in 2012, as it prepared to fire him for being strung out on prescription drugs.

In Mt. Vernon, New York, a former Mt. Vernon police officer was arrested Monday for illegally obtaining nearly 4,000 hydrocodone pills. Joseph Russo used forged prescriptions in his and his wife's name to obtain the pills. He also filed fake insurance claims to pay for the prescriptions. He is charged with second-degree criminal possession of a forged instrument and first degree scheming to defraud, but, oddly enough, not drug possession.

In Colchester, Vermont, a Colchester police detective was arrested Tuesday after a gun that was supposed to be in the department's evidence room turned up at a house in a Burlington drug raid. Corporal Tyler Kinney, 38, is now accused of taking drugs and the gun from the evidence room. He was expected to be charged in federal court today with drug distribution and gun trafficking offenses. The Colchester Police say they have now ordered an external audit of the evidence room and procedures for handling evidence.

In Birmingham, Alabama, a former Winston County sheriff's deputy pleaded guilty Monday to federal charges that he forced a woman to cook meth for him. Grady Concord, 42, had been hit with a single count of meth manufacture in June, but prosecutors added new counts of extortion under color of law, meth manufacture, and meth distribution where children are present. The woman said Concord threatened her with arrest if she didn't cook for him and provided pseudoephedrine tablets for her. Some of them were stolen from the department evidence room. Concord copped to the three later counts Monday and is looking at up to 20 years in prison at sentencing.

Chronicle AM: AR Marijuana Init, Nadelmann TED Talk, Colombia MedMJ, Dutch Grower Crackdown, More (11/12/14)

An Arkansas legalization initiative moves forward, Massachusetts' new GOP governor-elect will oppose legalization, Ethan Nadelmann gives a sizzling TED Talk, Colombia moves toward approving medical marijuana, the Dutch move resolutely backward, and more. Let's get to it:

Arkansas Attorney General Approves Legalization Initiative. A marijuana and hemp legalization constitutional amendment initiative sponsored by Arkansas CALM (Citizens' Alliance for the Legalization of Marijuana) has won ballot title approval by Attorney General Dustin McDaniel. The Secretary of State's office must still approve the Arkansas Hemp & Marijuana Amendment's petition wording instructions. The amendment would legalize the cultivation, production, distribution, sale, purchase, possession and use of the cannabis plant, prohibiting sale to anyone under the age of 21. It would let people to grow up to 36 plants.

For First Time, Colorado Monthly Recreational Pot Sales Don't Increase. Recreational marijuana sales totaled $31.6 million in September, down from $34.1 million in August, the first time month-over-month sales have not increased. It's not clear why this is, but some observers point to the time of year -- in between the state's summer tourism high season and its winter tourism high season.

Massachusetts' New Republican Governor Will Oppose Legalization. Incoming Republican Governor-elect Charlie Baker has pledged to "vigorously oppose" marijuana legalization in the Bay State. "I'm going to oppose that and I'm going to oppose that vigorously... with a lot of help from a lot of other people in the addiction community," he said in an interview. Massachusetts has already approved medical marijuana and pot decriminalization through the initiative process, and seven elections worth of successful nonbinding public policy questions suggest that Baker is out of touch with his constituents on the issue.

Michigan Appeals Court to Hear Challenge to Grand Rapids Decriminalization Ordinance. The appeals court will hear arguments Friday from Kent County prosecutor Bill Forsyth challenging the voter-approved 2012 decriminalization ordinance in Grand Rapids. He will argue that voters there cannot trump the state's marijuana law. Forsythe lost in district court, with the judge in the case ruling that the city's ordinance didn't make marijuana legal, but merely adapted a policy about how police should deal with it.

Wichita Decriminalization Initiative Qualifies for April Ballot. The Southcentral Kansas Peace and Justice Center reports that a municipal initiative to make marijuana and pot paraphernalia possession a citable offense with a $50 fine has qualified for the April ballot. An earlier effort was derailed by disallowed signatures, but activists this time concentrated on gathering signatures from people leaving the polls on election day -- and it worked.

Medical Marijuana

ACLU Files Rhode Island Lawsuit Over Medical Marijuana Discrimination. The ACLU of Rhode Island has filed a lawsuit today on behalf of a URI graduate student who was denied summer employment this year at a fabrics company because of her status as a registered medical marijuana user. The suit is on behalf of Christine Callaghan, a graduate of the Savannah College of Art and Design who is studying textiles and working towards a masters' degree in that field at URI. She has participated in the medical marijuana program for almost two years to deal with frequent, debilitating migraine headaches. She lost a paying internship offer with Darlington Fabrics after disclosing her medical condition and medical marijuana patient status. The lawsuit argues that failure to hire because of a potential employee's patient status is discriminatory under the state's Civil Rights Act.

Drug Policy

Ethan Nadelmann TED Talk on Why We Need to End the War on Drugs. Drug Policy Alliance executive director Ethan Nadelmann has given a fiery and visionary TED talk in Rio de Janiero analyzing US drug policy and how society can more effectively and humanely deal with drugs. "The reason some drugs are legal and others are not has nothing to do with science or health or the risk of drugs, and everything to do with who uses, and is perceived to use, certain drugs," he said in the talk. "If the principal smokers of cocaine were affluent older white men and the principal users of Viagra were young black men, using Viagra would land you time behind bars." The speech was made last month, but was just made available today. Click on the TED talk link to hear the whole thing.

International

Colombia Senate Panel Approves Medical Marijuana Bill. The Senate's First Commission Tuesday approved a medical marijuana bill on a 13-2 vote. The bill authored by Sen. Juan Manuel Galan would allow the use of marijuana by people suffering from terminal illness or chronic painful conditions, including cancer and AIDS. It was amended during debate to clarify that marijuana-containing medications could not be imported into the country. The bill has the support of Health Minister Alejandro Gaviria.

Dutch Crack Down on Illegal Marijuana Grows, Suppliers. Anyone involved in the illegal production of marijuana is subject to up to three years in prison under a proposal from Justice Minister Opstelten that has been approved by the Senate. The new measure will go into effect on March 1. Under this new law, not only growers, but also grow shops, landlords, electricians who install illegal grow equipment, financiers, and anyone else involved in the illegal grows can be punished. Where the country's famous cannabis coffee shops are supposed to get their product will now be even more of a mystery.

Chronicle AM: No More Portland Pot Cases, Senior Drug Testing Racket, Vets' MedMj Problems, More (11/11/14)

The fallout from last week's legalization votes begins, California veterans are reporting medical marijuana problems with the VA, doctors are billing Medicare for largely needless senior drug testing, and more. Let's get to it:

Sante Cannabis, Montreal's first doctor-on-site medical marijuana clinic, opened today.
Marijuana Policy

No More Pot Prosecutions in Portland. That didn't take long. Less than a week after Oregon voters approved the Measure 91 legalization initiative, prosecutors in Multnomah County (Portland) announced Monday that they will dismiss all pending violation-level marijuana possession cases and won't bother to prosecute any future ones. "Because it is clear that a significant majority of voters in Multnomah County support the legalization of marijuana in certain amounts, this office will dismiss the pending charges related to conduct which will otherwise become legal July 1, 2015," said a statement from Multnomah County DA Rode Underhill. "Any remaining charges not impacted by Ballot Measure 91 will be prosecuted." Prosecutors in other Oregon counties are still figuring out how to respond.

Alaska Legislator Getting to Work on Legal Marijuana Draft Regulations. That didn't take long, either. Less than a week after Alaska voters approved the Measure 2 legalization initiative, Rep. Bob Lynn (R-Anchorage) said Monday he plans to file legislation in January that would restrict pot shops within a certain distance of schools and public parks, limit advertising, and bar people with felonies from working in the industry. Lynn said he expects his proposals to attract plenty of discussion among lawmakers.

Opposition Coalition Forms in Vermont. A coalition to oppose marijuana legalization in the Green Mountain State has announced itself. SMART VT calls itself a "grassroots coalition" of "concerned Vermonters" and is now calling on Gov. Peter Shumlin (D) to not take up legalization this legislative session. Too late, though: A public hearing on legalization is set for Wednesday. Click the last link for hearing details.

Medical Marijuana

US Veterans Denied Pain Medications Over Medical Marijuana Use. California NORML is reporting that it is being contacted by veterans who are being told by their VA doctors that they must choose between their prescription pain medications and medical marijuana. The group reports "a spate of complaints" from Long Beach and Loma Linda after scheduling changes for some prescription drugs recently took effect. Those changes entail stricter reporting requirements for doctors, and that, among other factors, seems to have spurred the tightening up. Click on the title link for more details and a plan for action from CANORML and Veterans for Medical Cannabis Access. Happy Veterans Day!

Drug Testing

Pain Docs Getting Rich Doing Useless Drug Tests on Seniors, Taxpayers Pick Up the Tab. In an expensive side-effect of the "war" on pain pill addiction, pain specialists are now ordering costly testing of seniors for recreational drug use, and Medicare is stuck footing the bill. The doctors are also responding to a Medicare crackdown on abusive billing for simple urine drug screens by moving to high-tech testing methods for which billing is not limited. Now, doctors are testing for a number of different drugs -- including illegal ones rarely used by seniors, such as cocaine, ecstasy, and PCP -- and raking in the tax dollars. Medicare spending on drug testing has increased an incredible 1,423% since 2007 to $445 million in 2012. That included $14 million for testing seniors for PCP, for which one lab director with 25 years in the business told The Wall Street Journal she had never seen a positive test result in people over 65. The comprehensive article is worth the read; click on the link to get it.

International

Montreal Gets First Medical Marijuana Clinic. Montreal's first medical marijuana clinic is opening today. Sante Cannabis does not sell medical marijuana, but its doctors and staff guide patients on how to use marijuana, proper strains to use, and determine whether to smoke, vape, or use edibles. The city has had dispensaries or "compassion centers" for years, but Sante Cannabis is the first medical marijuana business to have doctors on staff.

British Lib Dem Leader, Former Colombian President Team Up to Fight for Drug Reform. Liberal Democratic party leader and British Deputy Prime Minister Nick Clegg and former Colombian President Juan Manuel Santos have agreed to work together to help forge an alliance between European and Latin American countries aiming to reform global drug prohibition. They are taking aim at the UN General Assembly Special Session on Drugs set for 2016.

Chronicle AM: Historic UK Drug Debate Looms, NYPD Ending Marijuana Possession Arrests, More (11/10/14)

Look out! Here comes the next wave of marijuana legalization efforts. Also, NYPD will stop its penny-ante pot arrests, Oregon DAs ponder dropping pot charges, the FBI's annual arrest figures are out, the ACLU gets $50 million to fight overincarceration, Britain awaits a historic debate on drug policy, and more. Let's get to it:

The election was only last week, but eyes are already turning to 2015 and 2016. (www.regulateri.org)
Marijuana Policy

Nevada 2016 Legalization Initiative Ready to Hand in Signatures. The Nevada Coalition to Regulate Marijuana says it will turn in 170,000 signatures Wednesday for its proposed 2016 initiative to legalize marijuana. It needs 102,000 valid voter signatures to qualify for the ballot. This is a Marijuana Policy Project effort.

Oregon Prosecutors to Rethink Pending Pot Cases. Although marijuana possession won't be legal in the state until July 2015, prosecutors in some of its most populous counties say they will revisit pending marijuana cases in light of last week's legalization victory at the polls. DAs in Clackamas (Oregon City), Multnomah (Portland), and Washington (Hillsboro) counties all said they are trying to figure out how to proceed.

Rhode Island Activists Aim to Legalize It in 2015. Which will be the first Northeastern state to legalize marijuana? Rhode Island activists organized into Regulate Rhode Island want their state to be the one. They are putting together a coalition to try to push a bill to tax and regulate marijuana through the General Assembly next year. The bill died in the legislature this year. This is a Marijuana Policy Project effort.

NYPD to Stop Arrests for Minor Marijuana Offenses. The NYPD and Mayor Bill de Blasio (D) announced today that the department will quit arresting people for low-level marijuana possession. NYPD has been arresting tens of thousands of people each year, but in the face of withering criticism, it will now begin issuing tickets instead. But people caught smoking pot in public will continue to face arrest.

Drug Testing

Wisconsin Governor Calls for Drug Testing for Unemployment, Food Stamps. Newly reelected Republican Gov. Scott Walker is calling drug testing of people seeking public benefits, including unemployment insurance. He and Assembly Speaker Robin Vos (R-Rochester) both say it will be a priority in the coming legislative session. Walker and Vos haven't unveiled an actual proposal, but any bill that calls for mandatory, suspicionless drug testing is certain to face constitutional challenges.

Law Enforcement

Pot Arrests Drop, But Still 1.5 Million Drug Arrests Last Year. More than 1.5 million people were arrested for drug offenses in the US last year, and more than 693,000 of those for marijuana offenses. The figures come from the FBI's 2013 Uniform Crime Report, which was released today. Marijuana arrests have declined from peaks early in this century. In 2008, there were a record 872,000 marijuana arrests, so pot busts have declined by slightly more than 20% since then. But arrests for other drug offenses continue apace, actually increasingly slightly last year. Still, because of the decline in marijuana arrests, the overall number of drug arrests dropped by about 50,000.

Sentencing

ACLU Gets $50 Million to Fight to Reduce Incarceration. The American Civil Liberties Union (ACLU) has been awarded a $50 million grant from George Soros's Open Society Foundations to mount an eight-year campaign to change criminal justice policies and reduce incarceration in this country. The group says there is an emerging bipartisan consensus to make reforms, although last week's election results may stiffen opposition. The ACLU wants to reduce imprisonment by 50% in the next years.

International

Missing Mexican Students Were Murdered By Drug Gang, Officials Say. Mexican Attorney General Jesus Murillo Karam said last Friday that 43 radical student teachers missing for more than a month in Iguala, Guerrero, had been murdered by a drug gang working with the wife of the mayor of the city. Murillo said the students were killed and their bodies burned, with the remains scattered in a local river. The announcement of the students' fate has not, however, quieted outrage in the country, where corruption and impunity are major issues. Demonstrators torched the wooden front doors of the National Palace in Mexico City Saturday night and were blocking the Acapulco airport Monday, among other actions.

Former Chilean President Calls for Drug Decriminalization. In an interview last Friday, former President Ricardo Lagos said decriminalizing marijuana -- and possibly even cocaine -- possession was the best way to reduce both prohibition-related crime and drug use. Start with marijuana, he said. "After one or two years we will see if we dare to legalize cocaine. It starts with a major prevention campaign and with providing non-prison punishment for those who are incarcerated today, depending on the magnitude of their offenses," Lagos proposed. "The only thing that's clear to me is that there were 10,000 drug arrests per year in Chile in 2002 and 10 years later it's multiplying by eight, reaching 82,000. Chile needs to grow up," he said. Lagos was president of the country from 2000 to 2006.

In Historic Move, British Parliament to Debate Drug Policy. The House of Commons will debate Britain's drug policies for three hours this coming Thursday. It is the first time Parliament has taken up the topic since passage of the Misuse of Drugs Act -- the current law -- four decades ago. The debate comes as Britain's governing coalition has been sundered on the issue, with the junior partner Liberal Democrats coming out loudly for drug decriminalization and the senior partner Conservatives firmly holding the line against any reforms.

Australia's New South Wales Wants Random Drug Testing of Drivers. The New South Wales state government has introduced a bill that would allow police to randomly drug test drivers for the presence of marijuana, amphetamines, and ecstasy. The tests would be done with a saliva swab.

Marijuana Arrests Drop, But Still 1.5 Million Drug Arrests Last Year [FEATURE]

More than 1.5 million people were arrested for drug offenses in the US last year, and more than 693,000 of those for marijuana offenses. The figures come from the FBI's 2013 Uniform Crime Report, which was released today.

One drug arrest out of 1.5 million last year. (www.justice.gov)
That's about one pot bust and slightly more than one other drug arrest every minute, 365 days a year. The vast majority of them are for simple possession. Over 87% of all marijuana arrests and 82% of all drug arrests were for possession only.

Marijuana arrests have declined from peaks early in this century. In 2008, there were a record 872,000 marijuana arrests, so pot busts have declined by slightly more than 20% since then. But arrests for other drug offenses continue apace, actually increasingly slightly last year. Still, because of the decline in marijuana arrests, the overall number of drug arrests dropped by about 50,000.

In 2008, marijuana arrests accounted for a majority (52%) of all drug arrests. Now, it is down to 40.6%.

Some of the decline in marijuana arrests can be attributed to the passage of decriminalization and legalization laws, particularly in the West, where pot arrests accounted for only 18% of all drug arrests. California decriminalized pot possession in 2011, and Colorado and Washington legalized it in the 2012 elections.

The move to marijuana legalization is helping shrink pot bust numbers. (Sandra Yruel/drugpolicy.org)
In other parts of the country, marijuana arrests continued to roll along, even in the Northeast, where they accounted for 46% of all drug arrests. In the South, the figure was 49.8%, and in the Midwest, pot accounted for 51.7% of all drug arrests.

When it comes to race, blacks continue to be disproportionately represented among drug arrestees. African-Americans accounted for 30.7% of all drug arrests, but they only make up about 13% of the population. That means blacks are being arrested for drugs at 2 ½ times the rate their percentage of the population would predict.

Drug arrests were the single largest category of arrests made in the US and accounted for about 13% of all arrests. The 1.5 million drug arrests well exceeded second place larceny-theft (1.232 million) and third place driving under the influence (1.167 million). More than three times as many people were arrested for drug offenses than for all violent crimes combined (480,000).

The continued law enforcement emphasis on drug enforcement drew criticism from Law Enforcement Against Prohibition (LEAP).

But this attitude still persists among law enforcement. (bartoncounty.org)
"Police made more drug arrests than for any other single category of crime. Meanwhile, only 64% of murders and 48% of violent crimes generally are being solved," said LEAP executive director Major Neill Franklin (Ret.), citing the FBI statistics. "We clearly have our priorities in the wrong place."

The Marijuana Policy Project (MPP), fresh from last week's successful "marijuana midterms," pronounced itself pleased with the decline in pot busts, but called for them to end, not just diminish.

"We're pleased to see the drop, but arresting even one adult for using a substance that is objectively less harmful than alcohol is inexcusable," said MPP communications director Mason Tvert. "Every year we see millions of violent crimes attributed to alcohol, and the evidence is clear that marijuana is not a significant contributing factor in such incidents. Yet our laws continue to steer adults toward drinking by threatening to punish them if they make the safer choice. These arrest numbers demonstrate that the threat is very real," he noted.

Tvert also echoed LEAP in criticizing law enforcement priorities.

"Law enforcement officials should be spending their time and resources addressing serious crimes, not arresting and prosecuting adults for using marijuana," he said. "Every year, these statistics show hundreds of thousands of marijuana-related arrests are taking place and countless violent crimes are going unsolved. We have to wonder how many of those crimes could be solved -- or prevented -- if police weren't wasting their time enforcing failed marijuana prohibition laws."

The laws must change, he said.

"A majority of Americans think marijuana should be legal for adults and treated similarly to alcohol. Voters in four states and the District of Columbia have now passed laws that reflect that, and we expect several more will do over the next few years. It's time for our laws to catch up with public opinion."

Chronicle AM: 2016 Plans, Silk Road 2.0 Busted, Canada & Jamaica React to Marijuana Votes, More (11/6/14)

Marijuana reform activists are already eyeing 2016, and so is former New Mexico Gov. Gary Johnson, the FBI busts the latest incarnation of Silk Road, Tuesday's vote brings some joy in Canada and Jamaica, and more. Let's get to it:

Gary Johnson eyes a 2016 presidential bid (ouramericainitiative.com)
Marijuana Policy

Only 733 Days Until California Legalizes Marijuana. That's the message from the California Coalition for Cannabis Policy Reform, which is already laying the groundwork for a successful statewide marijuana legalization in 2016. Check it out.

Missouri Group Files Petition to Legalize Marijuana in 2016. The activist group Show-Me Cannabis filed a petition Wednesday for a constitutional amendment initiative to legalize marijuana in 2016. It must now undergo a review and public comment process. Once approved, supporters will have to gather 165,000 valid voter signatures to qualify for the ballot.

Drug Policy

Drug Legalizer Gary Johnson Will Run for President (Again) in 2016. Former Republican New Mexico governor, 2012 Republican presidential nomination seeker, and 2012 Libertarian Party presidential candidate Gary Johnson has announced he will run for president again in 2016. He picked up 1.3 million votes as the Libertarian candidate last time. He said he was running as a counter to Sen. Rand Paul (R-KY), who he said was only half-right on the issues.

Law Enforcement

FBI Busts Silk Road 2.0. The FBI has arrested a 26-year-old man for allegedly running the resurrected dark web online drug sales web site Silk Road 2.0. Blake Benthall was arrested in San Francisco Thursday. The original Silk Road allegedly generated over a billion dollars in sales before it was busted and its original operator, Ross Ulbricht, was arrested. Silk Road 2.0 was launched a year ago and allegedly was doing $8 million a month in sales, with over 13,000 different listings for controlled substances. Don't be surprised when Silk Road 3.0 pops up.

International

Canada Activists, Liberals Celebrate US Marijuana Legalization Votes. "I'm very happy today," said Vancouver activist Dana Larsen, who led the not yet successful drive for pot decriminalization in British Columbia last year. "It's pouring rain outside, but that's okay, it's sunshining in our hearts. The final argument from prohibitionists in Canada has always been, 'If you legalize it, America will punish us… they'll shut down our border.' That's always been the last refuge of the prohibitionists. [President] Obama is not even punishing his own states for legalizing it. It will definitely make it much easier [for a future Canadian government to legalize it.]" The Liberal Party was also pleased. "Last night, voters in Oregon, Alaska, and Washington, DC expressed their democratic will and supported the legalization of marijuana," a party spokesperson said. "A well-regulated, legal system for marijuana access promotes public safety, keeps profits out of the hands of gangs, and helps keep drugs out of the hand of children -- exactly what Liberals have been saying all along."

Jamaica Ganja Task Force Hails US Marijuana Legalization Votes. Canadians weren't the only ones smiling. Jamaica's Cannabis Commercial and Medicinal Research Task Force called the legalization votes in Alaska, Colorado, and Washington, DC, "positive developments" and urged the Jamaican government to get moving. "The CCMRT, while acknowledging the Jamaican government's positive positioning on ganja law reform, urge them to move more decisively at fundamental reform so as to ensure that Jamaica is not left behind," the group said.

Mexican Mayor and Wife Arrested in Case of Missing Student Teachers. Mexican authorities announced Tuesday that they had arrested fugitive former Iguala mayor Jose Luiz Abarca and his wife, Maria de los Angeles Pineda, in a pre-dawn raid in a Mexico City working class suburb. They fled after 43 radical student teachers went missing more than a month ago in the midst of anti-government demonstrations. Pineda is a accused of being the chief operative of the Guerreros Unidos drug gang, to whom the students were handed after being detained by Iguala police. The case is causing huge tremors in a country sick to death of official corruption and impunity.

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Medical Marijuana Update

A medical marijuana initiative won in Guam, but the one in Florida lost despite winning a majority of the votes. There's other news, too. Let's get to it:

California

Last Friday,nine Lake County patients filed a $600,000 claim for damages for warrantless raids on their gardens. The move comes two weeks after a federal judge granted a preliminary injunction barring such warrantless raids. The patients claim Lake County law enforcement entered their properties and seized their goods without their consent or a search warrant. They seek recompense for their stolen goods, as well as punitive damages.

On Tuesday, Election Day was a mixed bag for local medical marijuana initiatives. Local measures to tax marijuana businesses passed in two Riverside County towns, Cathedral City and Desert Hot Springs, as well as in Santa Cruz city and county and Shasta Lake City. But measures to loosen restrictions on cultivation failed in Butte, Lake, Nevada, and Shasta Counties, and measures to allow dispensaries were rejected in Blythe, La Mesa, and Encinitas. The town of Weed approved dispensaries, but also approved an outdoor cultivation ban.

Florida

On Tuesday, the Amendment 2 initiative won a solid majority, but fell short of victory. Because it is a constitutional amendment, the initiative needed 60% of the vote to be approved. According to the Florida Division of Elections, with 96% of precincts reporting Tuesday night, Amendment 2 had 57.52% of the vote.

Guam

On Tuesday, Guam voted approved medical marijuana. With all precincts counted, the Joaquin Conception II Compassionate Use Act of 2013 passed with 56% of the vote. The legislatively-sponsored referendum overcame both political inertia and legal challenges to make it to the ballot this year. Guam now becomes the first US territory to approve medical marijuana.

Illinois

Last Saturday, the state began a second round of patient registrations. The Illinois Department of Public Health has begun a second round of patient registrations for the state's medical marijuana program. As of last Saturday, people whose last names begin with M through Z can apply for a patient card. Patients whose last names begin with the letters A through L have been able to registers for several weeks already.

Iowa

On Tuesday, the Board of Pharmacy announced it would hold a hearing on medical marijuana. The board, which has already said the state should be moving toward allowing medical marijuana, is considering whether to make new recommendations to legislators. A board committee will meet November 17 to hear testimony. Among those addressing the committee will be long-time Iowa medical marijuana activist Carl Olsen, whose petition to the board started the ball rolling. Click on the link for meeting details.

New York

Last Thursday, New York US Representatives asked the Justice Department to let the state import high-CBD medical marijuana for sick kids. In a letter to Attorney General Eric Holder Thursday, they called on the Justice Department to find a way to let the state import medical marijuana to be used by severely ill children. The governor this year moved to allow some access to medical marijuana, but the state program will not be in full effect for more than a year. That's too long to wait, the lawmakers said. "Every day makes a difference for children with these severe disorders. Given this urgent public health need, we urge you to allow New York the ability to import finite and strictly controlled amounts of cannabidiol,"they wrote.

[For extensive information about the medical marijuana debate, presented in a neutral format, visitMedicalMarijuana.ProCon.org.]

This Week's Corrupt Cops Stories

Trouble is brewing in Detroit and DC, a Texas narc gets in trouble, so does a Miami cop, so does a 
Camden cop and a suburban St. Louis one. Let's get to it:

In Washington, DC, a probe into a possibly crooked FBI agent led to at least a dozen convicts being released from prison by last Friday. The as yet unnamed agent was assigned to a DC police task force, and officials said that more cases, including one with 21 defendants, could be in jeopardy. Those freed so far have not yet had their convictions dropped; that awaits the outcome of the investigation.

In Detroit, four dope squad officers were suspended last Friday amidst an ongoing investigation into the now disbanded unit. Both the FBI and Detroit Police Internal Affairs Investigation are looking into the matter, and criminal charges could be coming. Among other things, the officers are accused of stealing big-screen TVs and video game consoles from drug dealers they raided.

In Grapevine, Texas, a Grapevine K-9 officer was on administrative leave Tuesday after being accused of stealing a case of training drugs and doing some of them. Senior Officer Danny Machio reported on October 7 that someone had broken into his patrol/K-9 vehicle and stolen the drugs, which included heroin, cocaine, and meth. An internal investigation ensued, and Macchio went missing the day he was supposed to take a drug test. He was found in the Panhandle and returned to the Dallas metro area. He now faces possible criminal drug possession and other charges.

In Miami, a Miami police officer was arrested Wednesday on charges he took money to protect drug dealers. Officer Jose Maldonaldo-Dick went down in a sting in which he oversaw drug deals involving half-pounds of cocaine and offered protection to a man he thought was a drug dealer. He got paid $1,900 for his efforts. He is now charged with two counts of cocaine trafficking and two counts of being unlawfully rewarded while working as a police officer. He's looking at to life in prison.

In Camden, New Jersey, a Camden County police officer was arrested last Wednesday in the roundup of more than 40 people allegedly involved in a drug trafficking network. Officer Ashley Bailey, whose husband was part of the network, is accused of accessing confidential law enforcement information and alerting targets of the investigation. She is charged with official misconduct, possession of a weapon for unlawful purposes, and making unlawful threats.

In St. Louis, a former suburban Hillsdale police officer was sentenced last Thursday to nearly four years in prison for helping a drug dealer rob a rival drug courier. Parrish Swanson pleaded guilty to one count of felony conspiracy to distribute heroin and attempt to distribute heroin. 

Chronicle AM: Pot Legalization Trifecta, CA Sentencing Reform Passes, FL MedMJ Fails, More (11/5/14)

Marijuana wins in Alaska, DC, and Oregon; medical marijuana barely loses in Florida, California defelonizes drug possession offenses, New Jersey reforms the bail system, and more. Let's get to it:

Marijuana Policy        

Alaska Legalizes Marijuana. In a trifecta for marijuana legalization initiatives Tuesday, Alaska has joined Oregon and Washington, DC, in voting to free the weed. That makes it the fourth state to do so. It won with 52% of the vote. Measure 2 allows adults to possess up to an ounce of marijuana and grow up to six plants (three mature). It also allows individual growers to possess the fruits of their harvest. It will set up a complete system of commercial marijuana cultivation, processing, and distribution under the purview of the Alcohol Control Board -- or, if the legislature chooses to create it, a Marijuana Control Board.

Oregon Legalizes Marijuana. Oregon has become the third state to legalize marijuana. Voters Tuesday approved Measure 91, which will legalize personal marijuana possession and cultivation and set up a system of taxed and regulated marijuana commerce. According to election results compiled by The Oregonian, with two-thirds of the votes counted, the initiative was winning with 53.7% of the vote. [Update: Measure 91 finished up with an even more impressive 55.9%.] Under Measure 91, adults 21 and over will be able to possess a half-pound of pot and grow up to four plants. The Oregon Liquor Control Commission will be charged with drafting regulations and overseeing implementation of the will of the voters. It will act in consultation with the state Department of Agriculture and the Oregon Health Authority.

Washington, DC, Legalizes Marijuana. Voters in Washington, DC, today overwhelmingly approved Initiative 71, which will make it legal for adults to possess and cultivate small amounts of marijuana in our nation’s capital. Partial election results from the DC Board of Elections Tuesday night had the initiative winning handily with around two-thirds of the vote. It was at 64.5% with 11% of precincts reporting at 10pm, the lowest figure of the day. [Update: Initiative 71 finished up with 64.7%.] That was enough for supporters to call the election. Because of District law, the initiative could address legal marijuana commerce. That is the purview of the DC city council, which has already demonstrated its friendliness to marijuana law reform by passing decriminalization earlier this year. The council is already considering a bill to legalize, tax, and regulate marijuana commerce.

GOP Congressmen Threatens to Try to Block DC Legalization. Rep. Andy Harris (R-MD) is saying he will try to block the legalization initiative just passed by DC voters. "Actions by those in DC will result in higher drug use among teens," Harris told The Washington Post. "I will consider using all resources available to a member of Congress to stop this action, so that drug use among teens does not increase." Earlier this year, Harris got the House Appropriations Committee to back a rider that would have blocked the DC city council's decision to decriminalize marijuana, but that rider didn't make it into the final DC appropriations bill.

South Portland, Maine, Votes to Legalize; Lewiston Does Not. Voters in South Portland voted 52% to 48% to approve a local legalization initiative, but voters in Lewiston did not. The measure there got only 45% of the vote. Portland, the state's largest city, passed a similar measure last year.

Massachusetts PPQs on Marijuana Legalization Pass. Non-binding public policy questions asking voters whether they approved telling their elected representatives they wanted to legalize marijuana passed in all 14 districts where they were on the ballot. Activists have been placing marijuana reform PPQs on the ballot each election since 2000, and they've never lost one. This year, most passed with more than 70% approval; the lowest passed with 54%.

Michigan Towns Split on Marijuana Initiatives. Marijuana legalization, decriminalization, or lowest law enforcement priority measures were on the ballot in 11 towns. They won in Saginaw, Berkeley, Huntington Woods, Pleasant Ridge, Port Huron, and Mt. Pleasant. They lost in Lapeer, Harrison, Onaway, Frankfort, and Clare. The state's largest cities have already approved similar measures.

New Mexico Non-Binding Decriminalization Initiatives Pass Big in Bernalillo, Santa Fe Counties. Non-binding, county level decriminalization initiatives won big in the state's largest and third-largest counties. Bernalillo County (Albuquerque) voted 59% in favor, while Santa Fe County (Santa Fe) produced an impressive 73% in favor.

Medical Marijuana

Florida Initiative Wins Majority, But Not Enough to Pass. Florida's Amendment 2 medical marijuana initiative was defeated in today's election, even though it won a majority of votes. Because it is a constitutional amendment, the initiative needed 60% of the vote to be approved. According to the Florida Division of Elections, with 96% of precincts reporting Tuesday night, Amendment 2 had 57.52% of the vote.

Mixed Bag for California Local Initiatives. Local measures to tax marijuana businesses passed in two Riverside County towns, Cathedral City and Desert Hot Springs, as well as in Santa Cruz city and county and Shasta Lake City. But measures to loosen restrictions on cultivation failed in Butte, Lake, Nevada, and Shasta Counties, and measures to allow dispensaries were rejected in Blythe, La Mesa, and Encinitas. The town of Weed approved dispensaries, but also approved an outdoor cultivation ban.

Drug Testing

California Initiative to Drug Test Doctors Fails. Proposition 46, was drafted and backed by trial lawyers and was actually primarily about increasing the caps on medical malpractice liability payments. Drug testing doctors was added on after it proved popular in focus groups. Not surprisingly, Prop 46 was opposed by a powerful and deep-pocketed set of medical interests in what was one of the most expensive initiative campaigns in state history. It ended up with only 32% of the vote. [Update: With the rest of the votes counted, Prop 47 won with 58.7%, and Prop 46 lost with 32.8%.]

Sentencing Policy

California Initiative to Turn Drug Possession Felonies Into Misdemeanors Passes. Proposition 47, will change drug possession (and some other low-level non-violent offenses) from felonies to misdemeanors. It is viewed as a significant step in reducing mass incarceration and a retreat from the war on drugs. The popular vote in favor of Prop 47 comes just two years after voters approved another sentencing reform initiative, that one reforming the state's notorious "three strikes" law. Prop 47 got 57% of the vote.

New Jersey Bail Reform Initiative Passes. New Jersey voters have approved Public Question No. 1 to reform New Jersey’s bail system.  The narrowly-worded question allows judges to deny bail to dangerous individuals, but it ushers in broader bail reform because it is linked to comprehensive legislation, already signed by the governor, that overhauls the state’s broken bail system. The legislation implements wide-ranging reforms including non-monetary release options for low-risk individuals; a system under which pretrial release decisions are based on risk rather than resources; the use of risk assessments for suspects enabling courts to make individualized determinations of what conditions of release are appropriate; establishment of a pretrial services unit within the court system that will provide appropriate levels of monitoring and counseling for those awaiting trial.

Law Enforcement

NYPD Ordered to Quit Doing Marijuana "Buy Busts." The NYPD has been ordered by the office of Mayor Bill de Blasio (D) to quit doing penny ante pot "buy and bust" operations. The head of each borough's dope squad was summoned to NYPD headquarters last week and told to knock it off.  Police were told to focus on more dangerous drugs. The New York Post published the story, replete with unnamed law enforcement sources complaining about the move. 

Alaska Legalizes Marijuana!

In a trifecta for marijuana legalization initiatives Tuesday, Alaska has joined Oregon and Washington, DC, in voting to free the weed. That makes it the fourth state to do so.

Measure 2 allows adults to possess up to an ounce of marijuana and grow up to six plants (three mature). It also allows individual growers to possess the fruits of their harvest. It will set up a complete system of commercial marijuana cultivation, processing, and distribution under the purview of the Alcohol Control Board -- or, if the legislature chooses to create it, a Marijuana Control Board.

Despite uncertainty generated by inconsistent and conflicting poll results, Measure 2 led throughout the night as the ballots came in. According to the state Division of Election's unofficial results, just before midnight Alaska time, with 42% of the votes counted, Measure 2 was winning with 52.21% of the vote. [Update: Measure 2 finished up with 51.15%.]

But shortly after that, supporters were ready to call the election.

"The results are in, and marijuana prohibition is on its way out," said Rob Kampia, executive director of the Marijuana Policy Project. "Americans are fed up with wasteful and ineffective laws that punish adults for using a less harmful substance than alcohol. The folks trying to keep marijuana illegal are relying on the same scare tactics today that they have relied on for decades, but voters just aren't falling for it anymore. The results are particularly encouraging since voter turnout during a midterm election is typically smaller, older, and more conservative. Clearly, support for ending marijuana prohibition spans the political and ideological spectrums.

Look out for 2016, Kampia said. "Proposals to regulate marijuana like alcohol are headed for the ballots in at least five states in 2016, and they're being considered in legislatures around the country," he revealed. "This year's election was a large step forward, but the 2016 election will be a huge leap toward ending marijuana prohibition in this country once and for all."

AK
United States

California Voters OK Drug Defelonization, Reject Doctor Drug Testing

Voters in California enthusiastically approved an important sentencing reform initiative Tuesday, but overwhelmingly rejected an initiative that would have imposed drug testing on doctors in the state.

The sentencing initiative, Proposition 47, will change drug possession (and some other low-level non-violent offenses) from felonies to misdemeanors. It is viewed as a significant step in reducing mass incarceration and a retreat from the war on drugs. The popular vote in favor of Prop 47 comes just two years after voters approved another sentencing reform initiative, that one reforming the state's notorious "three strikes" law.

The failed initiative that would have imposed drug testing on doctors, Proposition 46, was drafted and backed by trial lawyers and was actually primarily about increasing the caps on medical malpractice liability payments. Drug testing doctors was added on after it proved popular in focus groups. Not surprisingly, Prop 46 was opposed by a powerful and deep-pocketed set of medical interests in what was one of the most expensive initiative campaigns in state history.

According to election figures from the California Secretary of State, with 45% of the vote counted just before midnight Tuesday, Prop 47 was winning with 56.6% of the vote, while Prop 46 was getting trounced with only 32.3%. [Update: With the rest of the votes counted, Prop 47 won with 58.7%, and Prop 46 lost with 32.8%.]

The Drug Policy Alliance, whose lobbying arm, Drug Policy Action, contributed to the smartly named Californians for Safe Neighborhoods and Schools "yes on Prop 47" campaign, pronounced itself pleased with the results.

"The overwhelming support for this reform sends a powerful message nationally, demonstrating that voters are not just ready but eager to reduce prison populations in ways that can enhance public safety," said DPA executive director Ethan Nadelmann.

Under Prop 47, up to 20,000 people doing state prison time for simple drug possession will be eligible to seek sentence cuts, and new prison admissions should drop by between 40,000 and 60,000 a year. And hundreds of thousands of Californians with drug possession felony records will be eligible to have those records automatically expunged, removing barriers to employment, housing, public benefits, and educational opportunities.

The state's county jails, which are chafing under the state's corrections "realignment," will also see reductions in prisoners, with somewhere between 10,000 and 30,000 jail beds freed up by Prop 47. Counties look to save somewhere around half a billion dollars a year, according to a brief by the Center on Juvenile and Criminal Justice.

"We’ve been trying to get simple drug possession reclassified as a misdemeanor through Sacramento for years, facing first an unwillingness from the legislature and then last year’s veto by Governor Brown," said DPA state director Lynne Lyman. "With Prop 47, California voters took the issue of smart justice into their own hands. If the people lead, the leaders will follow."

CA
United States

Oregon Legalizes Marijuana!

Oregon has become the third state to legalize marijuana. Voters Tuesday approved Measure 91, which will legalize personal marijuana possession and cultivation and set up a system of taxed and regulated marijuana commerce.

The District of Columbia earlier today approved an initiative to legalize marijuana possession and cultivation, but that initiative does not allow for taxed and regulated sales. Colorado and Washington legalized marijuana in 2012. Alaska is voting on a marijuana legalization initiative today, but results have not come in there yet.

According to election results compiled by The Oregonian, with two-thirds of the votes counted, the initiative was winning with 53.7% of the vote. That was good enough for the state's largest newspaper to call the election. [Update: Measure 91 finished up with an even more impressive 55.9%.]

Under Measure 91, adults 21 and over will be able to possess a half-pound of pot and grow up to four plants. The Oregon Liquor Control Commission will be charged with drafting regulations and overseeing implementation of the will of the voters. It will act in consultation with the state Department of Agriculture and the Oregon Health Authority.

Personal legalization will not go into effect until next July 1, and legal marijuana commerce will not begin until December 2015.

For drug reformers, Oregon is another feather in the cap on a day that already saw Washington, DC, legalize it.

"It’s always an uphill battle to win a marijuana legalization initiative in a year like this, when young people are so much less likely to vote, which makes today’s victory all the sweeter," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "The pace of reform is accelerating, other states are sure to follow, and even Congress is poised to wake from its slumber."

DPA’s lobbying arm, Drug Policy Action, was the single largest donor to the Oregon campaign and was deeply involved in the measure’s drafting and on-the-ground campaign. The campaign benefited from serious financial backing, spending more than $2 million.

"Having spent years as a prosecutor, I know that Oregon will benefit greatly from regulating marijuana, and that the example set here will influence future states in 2015 and beyond," said former Assistant State’s Attorney and Oregon resident Inge Fryklund, a member of Law Enforcement Against Prohibition (LEAP), which participated in the campaign.

"With Oregon and DC. coming on board, it's clear that Colorado and Washington voting to legalize in 2012 was no anomaly," said Tom Angell of Marijuana Majority "The trend is clear: Marijuana prohibition is coming to an end. As 2016 approaches, we can expect to see many more ambitious national politicians finally trying to win support from the cannabis constituency instead of ignoring and criminalizing us."

New Approach Oregon, the campaign behind Measure 91, was apparently too busy savoring its victory to put out a statement by press time. That's okay; we understand. 

OR
United States

Washington, DC, Legalizes Marijuana!

Voters in Washington, DC, today overwhelmingly approved Initiative 71, which will make it legal for adults to possess and cultivate small amounts of marijuana in our nation’s capital.

Partial election results from the DC Board of Elections Tuesday night had the initiative winning handily with around two-thirds of the vote. It was at 64.5% with 11% of precincts reporting at 10pm, the lowest figure of the day. That was enough for supporters to call the election. [Update: Initiative 71 finished up with 64.7%.]

"You just made history," Dr. Malik Burnett, policy manager for the Drug Policy Alliance's DC-based Office of National Affairs, wrote in an email to supporters shortly after the polls closed. "Voters passed Initiative 71 in Washington, DC."

Along with long-time DC marijuana reformer, hemp entrepreneur, and political gadfly Adam Eidinger, Dr. Burnett co-chaired, the DC Cannabis Campaign. The effort met with some initial reluctance in the DC drug reform community and managed to make the ballot in large part thanks to early financial support from the activist-minded David Bronner of Dr. Bronner's Magic Soaps. Then DPA came on board, bringing more financial and other resources with it.

Because of District law, the initiative could not address legal marijuana commerce. That is the purview of the DC city council, which has already demonstrated its friendliness to marijuana law reform by passing decriminalization earlier this year. The council is already considering a bill to legalize, tax, and regulate marijuana commerce.

"With marijuana legal in the federal government's backyard it's going to be increasingly difficult for national politicians to continue ignoring the growing majority of voters who want to end prohibition," said Tom Angell of Marijuana Majority. "I've been saying for a while that 2016 presidential candidates need to start courting the cannabis constituency, and now the road to the White House quite literally travels through legal marijuana territory."

For the first time, race played a significant role in a legalization campaign, said DPA director of national affairs Bill Piper.

"This was the first legalization campaign in which the racial disproportionality of marijuana enforcement played a major role," he noted. "Initiative 71 sets the stage for the DC council to create a new model for legalizing marijuana – one that places racial justice front and center."

While the voters in DC have now spoken on marijuana legalization, Congress still has a chance to intervene, but that appears unlikely. Congress has 30 days to act or the measure becomes law, but that require a measure to override the will of District votes to be approved by both Houses and signed into law by the president.

Congress could also attach a rider to the DC appropriations bill barring all funding to implement the measure, but it appears that the bill, which should be approved next month or early next year, will be handled through a budget deal with no riders.

Legal marijuana is coming to the nation's capital. 

Washington, DC
United States

Florida Medical Marijuana Initiative Wins Majority, But Falls Short of Victory

Florida's Amendment 2 medical marijuana initiative was defeated in today's election, even though it won a majority of votes. Because it is a constitutional amendment, the initiative needed 60% of the vote to be approved.

According to the Florida Division of Elections, with 96% of precincts reporting Tuesday night, Amendment 2 had 57.52% of the vote.

The Amendment 2 campaign was run by United for Care/People United for Medical Marijuana, which spent more than $6 million. Its most prominent figure was attorney John Morgan, a well-known Florida political figure, who contributed $3.7 million to the cause as of September 4, according to the Orlando Sentinel.

But the opposition was also organized and rolling in cash. The Drug Free Florida campaign committee was generously and almost entirely funded by conservative Las Vegas casino magnate Sheldon Adelson, who contributed more than $5 million of the $5.6 million the campaign had raised by late October.

Most of that $5 million was spent on fear-mongering TV ads that managed to erode what had been strong initial support for the measure. Up until about a month ago, Amendment 2 had consistently polled above—sometimes well above—60%.

While bemoaning the defeat, drug reformers took some solace in Amendment 2's strong showing, with a majority voting in favor of it.

"A tremendous majority of Floridians voted to legalize marijuana for medical purposes today – and that’s what really matters notwithstanding the fact that the initiative will not be implemented," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "Today’s vote is a confirmation of medical marijuana's broad support across the political spectrum and sends a powerful message not just to Florida legislators but also throughout the South and even nationally." 

"While it's disappointing that patients in Florida won't be able to find legal relief with marijuana just yet, tonight's result does show that a clear majority of voters in the Sunshine State support a new direction," said Tom Angell, executive director of Marijuana Majority. "The campaign this year faced several key challenges, including that it took place during a midterm election in which turnout dynamics don't favor marijuana reform. Next time medical marijuana is on the ballot, organizers should put patients and medical professionals at the forefront of the campaign rather than relying on a well-meaning but much less sympathetic political donor as the chief spokesperson."

Angell was referring to John Morgan, but in an email to supporters Tuesday night, Morgan gave no indication he was going away.

"We may not have passed Amendment 2 tonight, but make no mistake, tonight was a victory in the fight for medical marijuana in Florida," he wrote. "Our next governor will take the oath of office having won less than a majority of Floridians' votes. The idea that marijuana is medicine and that those suffering and in pain should not be made criminals, received a larger share of the vote than the winner of the last six gubernatorial elections and every presidential campaign in Florida for decades."

Now, he said, it is time to take the fight to the state legislature in Tallahassee. And if the legislature doesn't act, he's vowing to be back in 2016.

"And the people will not be denied a second time," he vowed.  "I have this final message to the patients in Florida - compassion may have been delayed, but it is coming."

FL
United States

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