Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: UMass Student Snitch Policy Review, Baby Bou Bou SWAT Raid Grand Jury, More... (9/30/2014)

Medical marijuana news from several states today, the Baby Bou Bou SWAT raid case is before a grand jury, UMass examines it's student snitch policy, DA candidates in Houston are fighting over drugs, and more. Let's get to it:

Marijuana Policy

Mississippi Group Wants Legalization Initiative. A group of activists filed a petition Monday with the secretary of state's office seeking a ballot initiative to legalize marijuana. This is the first step in putting a measure before the voters. The group is called Mississippi for Cannabis. We're not sure if these are the same folks, but there is a Legalize Marijuana in Mississippi Facebook page.

Medical Marijuana

Colorado Supreme Court Hearing Patient's Wrongful Firing Lawsuit Today. The state Supreme Court is hearing arguments in the case of Brandon Coats, a quadriplegic who worked for the Dish Network until he was fired four years ago for testing positive for marijuana. Dish Network argues that even though medical marijuana is legal under state law, it is still illegal under federal law, and the firing was thus justified.

New York US Senators Ask Feds to Approve State's Request to Transport Medical Marijuana Across State Lines. US Sens. Kirsten Gillibrand (D) and Charles Schumer (D) Monday sent a letter to Attorney General Eric Holder in support of Gov. Andrew Cuomo's (D) request for the Justice Department to allow the state to import high-CBD cannabis oil from out of state. "As members of Congress whose constituents suffer from these illnesses, we feel that the federal government ought to do what it can to help these children," the senators wrote. "Therefore, we are requesting that you provide the state of New York with a waiver that would prohibit federal prosecution for the importation of cannabidol in the rare cases where medical marijuana is imported between two states with legalized medical marijuana, and the amount is small, finite and prescription-based."

Second Annual Rhode Island Medical Marijuana Festival This Weekend. The Rhode Island Patient Advocacy Coalition is hosting the festival to celebrate the eighth year of the state's medical marijuana program. Click on the link for more details.

Wisconsin Activists Target Recalcitrant Legislators With Billboards. Sick and tired of seeing bills blocked in the state legislature, medical marijuana activists are targeting two key opponents, Republican state Sens. Mary Lazich and Leah Vukmir, in a newly unveiled billboard campaign. The billboards urge readers to call the two senators and ask them why Wisconsin patients have no access to medical marijuana.

Drug Policy

Harris County, Texas, (Houston) DA Race All About Drugs. A debate over the weekend between Republican incumbent Harris County District Attorney Devon Anderson and Democratic challenger Kim Ogg was all about drugs. The candidates both suggested that they would allow some low-level pot possession offenders to avoid permanent criminal records, although Ogg would go further than Anderson. They also tussled over whether or not to press felony charges for trace amounts of cocaine or crack pipes, with Anderson taking the harder line. Click on the link for more flavor.

Prescription Opiates

Doctors' Group Issues Pain Reliever Guidelines, Says Not Appropriate for Many Cases. The American Academy of Neurology has released a new position paper, Opioids for Chronic Non-Cancer Pain, that says the risks of opioid pain relievers outweigh their benefits in treating chronic headaches, low back pain, and fibromyalgia. "Whereas there is evidence for significant short-term pain relief, there is no substantial evidence for maintenance of pain relief or improved function over long periods of time without incurring serious risk of overdose, dependence, or addiction," the group concludes. The position paper calls for increased screening, monitoring, and drug testing of opioid-using pain patients, but has little to say about actually treating chronic pain.

Law Enforcement

UMass to Review Whether to Allow Students to Act as Drug Snitches. In the wake of the heroin overdose death of a student who had been arrested by campus police on drug charges, but who was allowed to become an informant for police, the University of Massachusetts at Amherst said Monday it would review the program that allows police to recruit students as snitches. Questions have been raised about whether the program gets students appropriate treatment for drug problems and whether the students' parents are notified of violations, as they are with alcohol violations.

Georgia Grand Jury Hearing Evidence on "Baby Bou Bou" SWAT Raid. A Habersham County grand jury Monday began reviewing evidence in the case of "Baby Bou Bou," the toddler who was seriously injured when a SWAT team member on a drug raid threw a flash bang grenade into his play pen. The SWAT team found neither drugs nor the individual they were seeking. The grand jury will review the evidence surrounding the drug raid and determine if criminal charges should be filed against authorities who executed the no-knock raid.  

International

Eleven Killed in Mexico Cartel Clashes in Chihuahua. Mexican prosecutors said clashes last Friday between Sinaloa and Juarez cartel members in the town of Guachochi, Chihuahua, in the Tarahumara mountain range, left 11 people dead. No Mexican security forces were involved, they said. The isolated region, home to the Tarahumara Indians, has been the scene of repeated clashes between rival drug gangs.

Canadian Drug Reformers Rally in Ottawa. Drug reformers, health lobbyists, and the Liberal Party's health critic, Hedy Fry, gathered on Parliament Hill Tuesday to advocate for more enlightened drug policies. Current policies unfairly criminalize drug users and don't effectively treat addiction, they said. Click on the link for more detail.

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.)

Chronicle AM: Marijuana Policy in Senate Races, CA Fair Sentencing Act, Stanton Peele on Disease Model, More (9/29/14)

Marijuana politics is popping up in some US Senate races, pot arrests are still going up in some states, the Guam medical marijuana initiative faces a legal challenge, Stanton Peele takes on the disease model of addiction and liberals who love it, Jerry Brown signs the California Fair Sentencing Act, and more. Let's get to it:

Addiction psychologist Stanton Peele rips into liberals who embrace the disease model of addiction. (YouTube.com)
Marijuana Policy

Marijuana Policy in the Kentucky US Senate Race. Pot politics is playing a role in the Kentucky Senate race. Both incumbent Republican Sen. Mitch McConnell and Democratic challenger Alison Grimes agree that industrial hemp is a good thing, but Grimes said last Thursday she wants to have a discussion on legalizing marijuana, especially for medical purposes. McConnell retorted last Friday that he opposes legalizing marijuana for any reason because the state has a heroin problem and it would send the wrong message.

Nebraska Democratic US Senate Candidate Open to Legalization. The Democratic nominee for the US Senate from Nebraska is open to marijuana legalization. "I think we should give very serious consideration to legalization of marijuana," Dave Domina said Thursday. "If I were a philosopher king, we wouldn't have it, but I'm not and we need to spend our law enforcement dollars as intelligently as we can. That's not on marijuana enforcement. "What we should do is to make safe and dispense responsibly the drugs that are the most common, the least dangerous," he said. "I'm not saying they are desirable. I don’t think cigarettes are desirable, frankly. But nonetheless, I think that’s what we need to do. We need to methodically make marijuana available to people on a rational basis. It needs to be safely distributed and it needs to be taken away from crime as a profit center." The Republican nominee, Ben Sasse, didn't take a firm stand on the issue.

Marijuana Arrests Up in 17 States. Marijuana legalization may be inevitable, but some states haven't gotten the message. According to a new report from marijuana researcher Dr. Jon Gettman, even though national marijuana arrests peaked in 2007, marijuana arrests increased in 17 states between 2008 and 2012. Those states and their rates of annual increase are: South Carolina (11.6%), Washington, DC (7.7%) South Dakota (7.7%), North Dakota (5.5%), Utah (4.5%), Illinois (4.3%), Montana (3.5%), Idaho (3.2%), Virginia (2.6%), New York (2.4%), New Jersey (2.4%), Oregon (2.1%), Tennessee (1.7%), Wisconsin (1.2%), Vermont (1%), Michigan (1%), and West Virginia (1%). The report is Marijuana in the States 2012.

Overblown Analogy Department. The Polk County, Florida, Sheriff's Office is sounding the alarm over high-THC cannabis oil, popularly known as "wax" or "dabs," but its spokesperson is relying on an old bogeyman to get her message across. "This particular drug is to marijuana the way crack is to cocaine," Donna Wood said.

Medical Marijuana

Guam Attorney Seeks to Block Medical Marijuana Initiative. Voters in Guam are set to vote on a medical marijuana initiative submitted by the territorial legislature next month, but a Guam attorney has asked the US District Court there to block the vote. Howard Trapp argues that the legislature can't legally "pass the buck" to voters, even though the island's Supreme Court said it could in an August ruling. The election commission has until October 7 to respond to the filing.

First Illinois Patients Get Their Cards. Jim Champion, an Army vet who suffers from multiple sclerosis, is apparently the first Illinois patient to get his medical marijuana card. His came last week. He is the first of more than 2,000 Illinois residents who have applied under the state's new law.

New York Governor Asks Justice Department to Allow State to Acquire Medical Marijuana from Other States. Last Friday, Gov. Andrew Cuomo (D) sent a letter to Deputy Attorney General David Cole asking the Justice Department to extend a narrow, time-limited exception to federal law to allow the importation of certain strains of medical marijuana from other states for use by children in New York with severe forms of epilepsy. The letter follows a similar letter sent last month by the Cuomo administration to Attorney General Eric Holder.

Drug Policy

Dr. Stanton Peele on the Disease Theory of Addiction. Drug war critic and iconoclastic addiction psychologist Dr. Stanton Peele has penned a provocative screed critical of the disease theory of addiction and political liberals who embrace it. The article is "Why Liberals Love the Disease Theory of Addiction, by a Liberal Who Hates It."

Sentencing

California Fair Sentencing Act Signed Into Law. California Gov. Jerry Brown Sunday signed into law the Fair Sentencing Act, which will undo racial disparities in the sentencing of cocaine offenders under laws passed during the crack cocaine hysteria of the 1980s. Brown did not issue a signing statement. The law, Senate Bill 1010, eliminates sentencing disparities between crack and powder cocaine offenses. It also eliminates related disparities in probation and asset forfeiture guidelines for those offenses.

International

Uruguay Presidential Candidate Says Pot Smoker Registry Could Be Used to Identify People Needing Drug Treatment. Former President Tabare Vazquez, who is running to return to the office, has proposed using the state's registry of marijuana users to expose them to drug treatment. He was attempting to frame the law as a rehabilitative measure, but critics say it could dissuade users from registering with the state. Vazquez's remarks also run afoul of provisions in the law that limit revealing such data "without the individual's express written consent."

(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.)

California Fair Sentencing Act Signed Into Law

California Gov. Jerry Brown Sunday signed into law the Fair Sentencing Act, which will undo racial disparities in the sentencing of cocaine offenders under laws passed during the crack cocaine hysteria of the 1980s. Brown did not issue a signing statement.

CA state Sen. Holly Mitchell's bill to eliminate the crack/powder cocaine sentencing disparity has been signed into law.
The law, Senate Bill 1010, eliminates sentencing disparities between crack and powder cocaine offenses. It also eliminates related disparities in probation and asset forfeiture guidelines for those offenses.  

"Whether sold as crack or powder, used on the street or in a corporate penthouse, the penalty for cocaine use should be the same for everybody," said Senator Holly Mitchell (D-Los Angeles), chair of California’s Legislative Black Caucus. "My bill establishes fairness in sentencing. We must break the drug-driven cycle of arrest, lock-up, unemployability and re-arrest," Mitchell went on to say. "The law isn’t supposed to be a pipeline that disproportionately channels the young, urban and unemployed into jail and joblessness."

Although crack and powder cocaine are two forms of the same drug, legislation in the 1980s, driven by fear, misinformation, and political posturing, created much harsher penalties for crack cocaine offenses.

The racial impact of those laws was dramatic. In California, 77% of people imprisoned for crack offenses are black, 18% are Hispanic, and less than 2% are non-Hispanic whites. With blacks making up only 6.6% of the state's population, they are clearly being hit disproportionately by the crack sentencing disparity.

"The California Fair Sentencing Act takes a brick out of the wall of the failed 1980’s drug war era laws that have devastated communities of color, especially Black and Latino men," said Lynne Lyman, state director of the Drug Policy Alliance. "We are actively dismantling institutional racism. I hope California’s action gives momentum to the remaining 11 states that still retain this unjust and irrational racial disparity in their penal codes."

The bill was sponsored by a dozen civil rights, racial justice, and criminal justice reform groups. It also won the support of the district attorneys of Los Angeles, Santa Barbara, Santa Clara, and San Francisco counties.

Sacramento, CA
United States

Chronicle AM: OR Pot Poll, Colombia Drug Accord, More...(9/26/14)

A new poll is surely leading to nail-biting in Oregon, a dirty narc is costing Philadelphia prosecutors dozens of drug cases, Colombia reveals details on drug accords with the FARC, a Canadian drug policy rally is coming next week, and more. Let's get to it:

Marijuana Policy

Latest Oregon Poll Has Initiative at 44%. A new SurveyUSA poll has support for the Measure 91 marijuana legalization initiative at 44%, with 40% opposed, and 16% undecided. The high number of undecideds may be an artifact of the way the poll question was asked—it asked if voters were "certain" to vote for or against the measure. An even split among undecideds would result in passage of the initiative. This is a decline from an August SurveyUSA poll, which had the measure at 51%, but the questions were worded slightly differently in the two polls. Click on the links for more poll details.

Law Enforcement

Philadelphia Judge Dismisses 59 Drug Cases Involving Dirty Narc. The cases involved former narcotics officer Jeffrey Walker, who has been convicted of plotting to rob drug dealers. That brings to 160 the number of cases involving Walker that have been vacated since he was indicted in May 2013. Another 58 cases remain open. Walker is now cooperating in a broader probe of the narcotics unit, where six officers were charged in July with robbing, beating, and kidnapping drug suspects.  

International

Colombia Reveals Details on Drug Policy Treaty Provisions With FARC. Colombia Reports has an in-depth look at the drug provisions in the work-in-progress peace negotiations between the Colombian government and the leftist rebels of the FARC. A preliminary agreement was released Wednesday in the face of criticism over the lack of transparency in the peace process. The two sides have agreed on national-level programs to conduct consensual illicit crop substitution, address drug use through a public health approach, and beef up law enforcement to combat criminal groups involved in drug trafficking. Click on the link for much more.

Mexican Congressman Assassinated By Drug Cartel. Prosecutors in the state of Jalisco are saying they believe Dip. Gabriel Gomez Michel, who was abducted from a highway on the outskirts of Guadalajara on Monday, was most likely killed by a drug cartel. The bodies of Gomez and his driver were found in his burned out vehicle on Tuesday and positively identified on Wednesday. Prosecutors are pointing the finger at the Jalisco New Generation Cartel, a relatively new entrant in the cartel wars.

Mexico Arrests Eight Soldiers in Apparent Execution of Drug Gang Suspects. Seven soldiers and their commander have been arrested over the killing of 22 suspected drug gang members in a June 30 incident in the village of San Pedro Limon in Mexico state. The army had said the victims died in a firefight with soldiers, but witnesses said they were killed in cold blood, and further suspicions were raised by the one-sided nature of the conflict. Only one soldier was slightly injured. Witnesses said only one person died in an initial confrontation; the rest were killed after surrendering. The army said they were members of La Familia Michoacana.

Canada First Annual National Drug Reform Rally Set for Tuesday. The first Annual National Rally for Canadian Drug Policy Reform will take place September 30 in Ottawa. A day earlier, proponents will meet with members of parliament to discuss evidence-based drug policy reforms. The rally is sponsored by the Canadian Drug Reform Network, the Canadian Harm Reduction Coalition, and Canada NORML, among others. Click on the link for more information.

Did Miami Police Wrongfully Execute Four, Including Their Informant? [FEATURE]

Special to the Chronicle by Clarence Walker, cwalkerinvestigate@gmail.com

Part II of his series on ATF Fake Drug Stings Across America.

During the 1980s, Miami was a rich, glittering, southern city, awash in cocaine, and all sorts of other illegal drugs. The drug scene was so heavy and dangerous, its real-life drama inspired the popular Miami Vice TV series and the classic movie Scarface, as well as the more recent Cocaine Cowboy, an award-winning documentary based on the city's cocaine trafficking scene.

Today, Miami is no longer in the spotlight, but the drug business is still booming. And now there's a new twist: Law enforcement has made the dangerous world of the illicit drug trade even more dangerous by creating schemes to deceive would-be players into robbing drug trafficking stash houses that don't exist, setting up confrontations between robbers and police or robbers and homeowners over crimes cooked up by law enforcement itself.

The "fake robbery sting" is the brainchild of the Bureau of Alcohol, Tobacco & Firearms (ATF), and the pro-active tactic has proven wildly popular, with state and local law enforcement agencies across the country engaging in the stings, particularly in the inner cities. In Miami, the results have included the mass killings of suspects by police SWAT teams under highly questionable circumstances.

A 2011 "fake robbery sting" that left four people dead -- including a police informant -- gunned down by a Miami-Dade SWAT team, has brought the program into harsh relief. Tricked by an informant into believing the residence was loaded with marijuana and large amounts of cash, the four men showed up armed and wearing ski masks.

SWAT officers shot and killed all four of them, including informant Rosendo Betancourt-Garcia, 39, an ex-con who helped police set up the sting. Also killed by police were Roger Gonzalez-Valdez Sr., age 52, Jorge Lemus, 39, and Antonio Andrew, 36.

A fifth suspect Gonzalez-Valdez Jr., the son of Roger Gonzalez-Valdez Sr., was the only survivor. Police arrested him at the scene in the getaway vehicle, an Cadillac Escalade located outside the targeted residence. Gonzalez- Valdez Jr. later pled guilty to a litany of brutal home invasion robberies and got 27 years in federal prison.

The dead informant, Rosendo Betancourt-Garcia (Dade Co.)
Prosecutors investigated the killings, but got little cooperation from the SWAT team. Of the 11 officers involved in the mass killing, only four -- one from each fatal scene -- agreed to give statements to investigators, and only as long as no prosecutors were present. The other seven officers refused to give statements.

Prosecutors decided not to prosecute any of the police involved, making it clear as they did that they were frustrated by their inability to bring charges and that they believed serious police misconduct was involved. Especially damning to police was the State Attorney's Office (SAO) memorandum on the resolution of the case. The SAO report found one killing justified, but barely minced words about the rest of the lethal operation and police cooperation with investigators:

"Due to a number of unusual, counter-intuitive, suspicious and/or disturbing factors present in the other three shootings, we cannot state definitively that those shootings were legally justified. Nevertheless, because we do not have evidence beyond a reasonable doubt to disprove the version of events given by the three officers and are thus compelled to accept their testimony as truthful [bolding and italics in original],…there is insufficient evidence to prove an unlawful killing of Rosendo Betancourt-Garcia, Antonio Andrew, or Roger Gonzalez-Valdez Sr. by any of the other 10 officers involved in the events of June 30, 2011."

That claim of legal compulsion drew a scoffing rebuke from Jeanne Baker, an attorney for the ACLU of Florida. "There's no rule of law that says that the prosecutors when evaluating a case are compelled to accept as truthful the testimony of the subject of the investigation," she told Miami NBC 6 News.

The SAO report further accused the officers of lying to investigators, moving dead bodies, and possibly planting evidence. The shootings were so disturbing until the State Attorneys went so far as to say "the officers weren't necessarily innocent."

The prosecutors' outrage was palpable, but what really lit up the city was the release by NBC 6 News of a video tape from a police helicopter's infrared camera that showed a replay of the men shot multiple times, although it appeared the men had not fired a shot at the officers and actually had surrendered.

Confronted with the now public video evidence, Miami police officials went on the offensive, expressing resentment that NBC Channel 6 got access to the secret police helicopter surveillance video. Miami-Dade Police Director J.D. Patterson asked the State Attorney's Office to investigate how the video tape showing the shootings fell into the hands of reporters.

A police spokesman said the informant, Rosendo Betancourt, defied officers' orders not to go onto the property, and that the officers, hidden in the dark, said it appeared the would-be robbers were trying to reach for weapons.

But consider the case of Gonzalez-Valdez Sr. The one weapon -- fully loaded -- that was allegedly his was located a few yards from where his body was found. Police had shot him 40 times as cowered against a tree in the fetal position. Police did not explain how Gonzalez-Valdez was threatening them with a weapon yards away from him.

Police officials also complained about the release of information in a State Attorney's Office report revealing that Betancourt, had been wearing a well-disguised audio wrist watch to record conversations. Betancourt could be seen wearing the watch during a surveillance video recorded earlier on June 30, 2011, the day of the killings.

Betancourt had been given code words to signal to police that he was their informant, and the audio surveillance from his watch would have showed whether or not he did so. But the audio wrist watch somehow went missing.

"That would've been a critical piece of evidence," said Jose Arrojo, a Chief Assistant at the State's Attorney Office.

Although police managed to thwart any attempt to prosecute them, the taxpayers of Miami-Dade have not been so fortunate. In July, the city agreed to pay $600,000 to the families of three of the men to settle a deadly force lawsuit. Betancourt's family didn't settle, and their lawsuit against the city remains pending.

The Redland sting -- named after the neighborhood where it went down -- remains one of the bloodiest episodes in a city that has seen its share of questionable police killings. And it raises serious questions about police misconduct and impunity.

"Are there questions marks? Of course. There are too many questions marks," State Attorney Katherine Fernandez-Rundle admitted in an interview with Miami's NBC Channel 6.

Fernandez-Rundle said it was reasonable to conclude that based on the evidence that the officers acted with negligence and may have violated proper police procedures by shooting the men, particularly when an analysis of audio recording of the shooting proved "definitely" that six of the officers did not hear a gunshot from one of the dead men, nor did anyone find a rifle belonging to any of the men, as reported by an officer who said Jorge Lemus had a rifle.

Fernandez-Rundle also cited as another factor in her decision not to file charges a Florida appeals court decision that, she said, held "that any violation of police procedures and training is not admissible as evidence in criminal cases."

"The cops violated his civil rights," Jesse Dean-Kluger, an attorney involved in the lawsuit filed on behalf of Antonio Andrew, told the Miami New Times in 2012. Dean-Kluger argued the cops led the men into a scheme to expect an armed confrontation with drug dealers.

Deadly Operation: An Informant Comes Forward

So where did everything began in the first place? While most people snitch to avoid going to prison or for the easy money, police said Betancourt walked into a Miami-Dade robbery detail in June 2011 out of a sense of moral duty. He told a harrowing tale about being "sick and tired" of extreme violence inflicted on victims by a group of brutal home-invasion robbers.

Betancourt said the violence carried out by the men he knew personally included savage beatings, the cutting of one man's scrotum, using a hammer to pound the toes and fingers of the victims, cutting off fingers, and issuing threats to cut off childrens' fingers to force parents to reveal hidden valuables and money.

Police investigators questioned Betancourt as to how he knew so much about the crimes, Betancourt explained the men regularly sold him the stolen goods that were taken during the robberies. He identified Roger Gonzalez Valdez Sr., Jorge Lemus, Antoinio Lewis and Gonzalo-Valdez Jr.--as the men responsible for the violent robberies Miami-Dade cops were already investigating.

Police developed a scheme to Betancourt as an informant to lure the men into a plot to rob a drug dealer's marijuana stash house in Redland, a suburb of Miami.

Attorney Matthew Leto is representing the Betancourt-Garcia family. (hlhlawfirm.com)
Between 8:00pm and 8:30pm on June 30, 2011, the men arrived at the" fake drug house" located at 18930-216th Street SW in Redland. Once the men agreed on an entry plan, they cut through a fence to reach the house---and as they trudged closer; suddenly, police snipers, hidden among the shadows, armed with Colt M4 Commando assault rifles, stormed out from different directions in the dark to pursue the men who, now aware they'd been set up, scattered throughout the property. It is unclear if the officers commanded the men to "halt", but officers fired upon each suspect.

The first suspect killed, an armed Jorge Lemus, was shot to death while crouching down behind a vehicle. Informant Rosendo Betancourt died next in a hail of bullets. An overhead police helicopter infrared camera captured Betancourt surrendering to police with his hands up in the air. Next, police ordered Betancourt to lie on the ground, and crawl towards the officers. Betancourt complied.

The SAO report stated Sergeant Manuel Malgor then ordered Betancourt to turn over, and at this point, according to Malgor, this is when the informant got blasted 23 times---just as it appeared to Malgor that Betancourt reached for his gun. Indeed a weapon was found in Betancourt's waistband but the lawyers representing Betancourt's family suspected the police planted the gun.

They had other questions, too. Why didn't Betancourt utter the code word assigned by police: "I'm heading to Disney World--or help!" And what happened to the missing audio watch that Betancourt was wearing to record conversations between himself, the police and the robbers, a watch that could be clearly seen that he was wearing during the "real time" surveillance--- only a few hours before he was killed.

Aerial video footage did not actually capture Sgt. Malgor and fellow officers shooting Betancourt, thus, the prosecutors said, they "could not disprove the Sergeant's story," but they seriously questioned(why) the officer did not handcuff Betancourt as he laid on his stomach.

"The police let him down," a family member lamented.

Antonio Andrew was shot a dozen times while lying on the ground. Again, the officers claimed Andrew reached for a gun, although State prosecutors determined the officers gave contradictory orders.

For example, one officer hollered at Andrew, "Don't move your hands, and let me see your hands underneath your waistband." When Andrew obeyed the second command, an officer said Andrew made a quick movement towards his waist area. And this is when officers fired a dozen shots, killing Andrew instantly.

When a NBC Channel 6 reporter asked Assistant State Attorney Don Horn how someone can make a simultaneous move for his waistband--when an officer said Andrew's hands were already in his waistband, Horn replied in disgust, "I don't know. It made no sense to me."

Even more disturbing, Horn wasn't able to question the officer (why) he gave obvious conflicting commands or ask the officer any other question because the officers, as mentioned earlier, would only speak to investigators if no prosecutor was present.

Roger Gonzalez-Valdez Sr.. either dropped or discarded his gun as he tried to flee the scene. Police eventually found Gonzalez cowering at the base of a tree. The officer seen on the released video behind the tree with Gonzalez's "back" to him said in his statement that Gonzalez made a quick move into his waistband, a move that allegedly forced the officers to open fire, striking Gonzalez 40 times out of 50 shots fired.

But prosecutors question whether the officer had a good view of Gonzalez near the tree, as the officer claimed. "Our repeated reviews of the video caused us to question whether the officer---was even in a position to see what he saw," the attorneys wrote.

State prosecutors also said the evidence showed that officers moved Gonzalez-Valdez's body after they shot him dead. Here's why prosecutors suspected this: a black hand-held police radio was found in Gonzalez's hand.

"We have a system of justice that require apprehension, prosecution, conviction and sentencing," said attorney Justin Leto of Miami, who handled the wrongful death lawsuit for Jorge Lemus and Antoinio Andrew. "I don't see any evidence indicating these people needed to be shot on sight," Leto said.

Justin Leto's brother Matthew is representing the Betancourt family in it pending federal lawsuit.

"The police did not take care of Mr. Betancourt like they promised," said Matthew Leto.

That lawsuit appears to be the end of the story. Four men are dead -- gunned down by police in an operation more reminiscent of an elite military anti-terror raid than of what we traditionally think of as civilian law enforcement -- and there is no legal accountability. Impunity is something we criticize in heavy-handed Latin American or Middle Eastern governments, but perhaps we need to look in the mirror.

Miami, FL
United States

Chronicle AM: AG Holder to Resign, Ponders Rescheduling; CT MedMJ Dispensaries Open; Honduras Prez Slams Drug War; More...(9/25/14)

Holder will resign, but has some parting words on rescheduling, Rahm Emmanuel supports pot decrim, but legalization is a step too far, Connecticut dispensaries are now open for business, and more. Let's get to it:

Honduran President Juan Orlando Hernandez (wikimedia.org)
Marijuana Policy

Attorney General Holder to Resign, Says We Should Consider Rescheduling Marijuana. As he announces his resignation, Attorney General Holder has signaled that he thinks it may be time to reschedule marijuana. "It's certainly a question we need to ask ourselves, whether or not marijuana is as serious a drug as heroin, especially given what we’ve seen recently with regard to heroin — the progression of people, from using opioids to heroin use, the spread and the destruction that heroin has perpetrated all around our country,” Holder told Yahoo global news anchor Katie Couric. "And to see how, by contrast, what the impact is of marijuana use. Now it can be destructive, if used in certain ways, but the question of whether or not they should be in the same category is something that we need to ask ourselves — and use science as the basis for making that determination."

Chicago Mayor Emanuel Just Says No to Legalization. Just a day after he called for marijuana decriminalization and the defelonization of drug possession, Mayor Rahm Emanuel said marijuana legalization is a step too far. He was responding to remarks from potential challenger Karen Lewis, head of the Chicago Teachers Union, who suggested legalization was "another source of revenue we ought to look at."

Medical Marijuana

Connecticut Dispensaries Now Open for Business. The state's first licensed grower sent its first shipment this week to dispensaries, which promptly began selling it to qualified patients. All six dispensaries in the state should be open this week.

SurveyUSA Poll Has Florida Initiative at 53%; It Needs 60% to Win. The latest SurveyUSA poll has the Amendment 2 medical marijuana initiative with 53% of the vote, but since the initiative is a constitutional amendment, it needs 60% to pass. That's a slight drop from the last SurveyUSA poll, which had support at 56%. Importantly, while only 53% said they would vote for it, only 31% said they would vote against and 15% were undecided. If the undecideds split evenly, the initiative will squeak out a victory.

More Than 350 People Applied for Illinois Medical Marijuana Business Permits. State officials said Wednesday that more than 350 people had applied to legally grow or provide medical marijuana by the Monday afternoon deadline. Some 158 people applied as potential cultivation centers, while 211 applied to operate dispensaries. The state will grant 21 grow center permits and 60 dispensary permits by year's end, with the first legally obtainable medical marijuana available by spring 2015.

Pennsylvania Senate Passes Restrictive Medical Marijuana Bill. The state Senate Wednesday approved Senate Bill 1182, after amending it to remove the ability to vaporize the plant and removing a large number of qualifying medical conditions. The bill now goes to the House.  

Drug Testing

Federal Appeals Court to Hear Arguments on Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals has set a hearing date of November 20 for Florida Gov. Rick Scott's (R) welfare drug testing law. The state lost last December in US circuit court, with the trial judge ruling that "there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied." The state is appealing.

International

Honduras President Uses UN Speech to Rail Against Drug War. In a speech to the UN General Assembly Wednesday, Honduran President Juan Orlando Hernandez lambasted international drug policies "based on waging a ceaseless war on all fronts without regard to the costs." He urged creation of a "multinational force" to fight drug cartels "just like the one that this morning, President Obama asked for to confront radical fundamentalists. Today, we talk about what is happening in other regions to children, young people, families displaced by war, violence and radical extremists," he said. "But little is said about the situation of thousands of families in the northern triangle of Central America."

California Defelonization Initiative Appears Poised for Victory [FEATURE]

While the nation focuses on marijuana legalization initiatives in Alaska, the District of Columbia, and Oregon, a California initiative that would turn drug possession felonies into misdemeanors is quietly heading for a likely victory at the polls in November.

Proposition 47, the smartly named Safe Neighborhoods and Schools Act, is sponsored by two prominent California law enforcement figures, former San Diego Police Chief William Lansdowne and current San Francisco District Attorney George Gascon, and the campaign is being led by Californians for Safe Neighborhoods and Schools. It has lined up an impressive array of supporters, ranging from crime victims' groups to the Catholic Church and racial and social justice organizations.

The initiative would attempt to address the state's chronic over-incarceration problems by moving six low-level, nonviolent crimes from felony/wobblers to misdemeanors. A "wobbler" is an offense that can be charged as either a felony or misdemeanor. Among the included offenses is simple drug possession. (The others include shoplifting under $950, check forgery under $950, and petty theft or receipt of stolen property under $950.)

About 10,000 people are arrested on drug possession felonies each year in the state.

Passage of Prop 47 would also help the state get closer to meeting a looming deadline from the federal courts to shrink its prison population. A new study by the California Budget Project finds that Prop 47 would move in that direction by reducing the number of people sentenced to prison and by allowing those already serving time for such offenses to petition for resentencing in county jails.

In addition to reducing prison overcrowding, Prop 47 aims to reduce felony caseloads in the court system, thus freeing up criminal justice resources for more serious and violent crime. According to the non-partisan Legislative Analyst's Office, if the initiative passes, there would be "state and county criminal justice savings potentially in the high hundreds of millions of dollars annually."

Savings from a successful Prop 47 would be dedicated to investment in mental health and drug treatment (65%), K-12 school programs for at-risk youth (25%), and trauma recovery services for crime victims (10%). The impact could be substantial.

San Francisco's DA is a Prop 47 proponent. (wikimedia.org)
"This initiative is very important for California," said Anthony Thigpen, president of California Calls, an alliance of 31 community-based organizations across the state. "We need new safety priorities that stop wasting resources on over-incarceration and invest in treatment and prevention. It's better for state and local budgets, better for public safety and better for the health of all of our communities."

While mainly flying under the radar, Prop 47 has still managed to pick up popular support. A California Field Poll in June and July had the initiative winning with 57% of the vote. And just this week, the campaign got even better news. A Public Policy Institute of California poll released Tuesday had support for the initiative at 62%, with only 25% opposed.

It has also picked up financial support. According to the California secretary of state's office, Prop 47 campaign committees have taken in more than $3.4 million in donations (including more than $1.2 million from the Open Society Policy Center, $600,000 from the Atlantic Advocacy Fund, and several six-figure donations from individuals). And while the campaign has spent more than $2 million so far, it still has about $1.2 million in the bank right now, and will continue to fund raise to finance last-minute advertising.

If that is even necessary. Prop 47 has picked up organized opposition, in the form of the Californians Against Prop 47 campaign finance committee, but the committee, representing groups including the California Police Chiefs Association, the California Peace Officers Association, and the California Correctional Supervisors Association, has so far raised only $42,000. That doesn't buy a lot of TV ad time.

Opponents charge that Prop 47 would "release dangerous inmates," "tie judges' hands," and is "completely unnecessary" because the state's ongoing "realignment" is already shifting prisoners from the state to the county level. But the initiative's proponents rebut those charges, arguing that it "keeps dangerous criminals locked up," "prioritizes serious and violent crime," and "provides new funding for crime prevention and education."

California State Prison, Solano, and example of the state's voracious prison-industrial complex (cdcr.ca.gov)
"The reason I support this measure is simple: The more addiction and mental health services we provide to communities hardest hit by crime, the less likely another mom will find herself in my shoes. Having to tell your children that their daddy was shot and they will never see him again is something I wouldn't wish on anyone," said Dionne Wilson of Crime Survivors for Safety and Justice.

The group is a key part of the campaign and serves as a counterpoint to other crime survivors groups that oppose the initiative, such as Crime Victims United. That group has joined forces with law enforcement and the state district attorneys association to oppose Prop 47.

"When three out of four people go back to prison within three years -- and it's been that way for 30 years -- it's obvious that we need a new plan," Wilson continued. "This measure will save a ton of money that would be wasted on incarcerating nonviolent people for nonviolent crimes, which will then be reinvested into trauma care for victims, mental health services and drug treatment. I think that's what a sound public safety strategy looks like."

Prop 47 is also a response to the lack of action on the issue in Sacramento, or, more precisely, action thwarted in Sacramento. Last year, a defelonization bill sponsored by Sen. Jay Leno (D-San Francisco) passed the legislature, only to be vetoed by Gov. Jerry Brown (D).

"Unable to get meaningful sentencing reform through Sacramento, this initiative is a tremendous opportunity to make responsible and significant fixes to our broken criminal justice system by allowing simple drug possession and other non-violent petty crimes to be treated appropriately as misdemeanors, avoiding the lifelong collateral consequences that go along with felony records and the unsustainable court and incarceration costs that accompany mass felonization in California," explained Lynne Lyman, state director for the Drug Policy Alliance.

Prop 47 looks well-positioned to emerge victorious in November. But we're six weeks out now, and this is when initiative campaigns tend to heat up. The opposition is going to do its best to scare Californians into voting no, but it doesn't -- yet -- have enough money to make much of a media splash. At this point, it looks like California is on the verge of taking another big step toward addressing its chronic incarceration crisis.

CA
United States

Did You Know the Top 17 Hospitals' Positions on Medical Marijuana?, on ProCon.org

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Did you know that the top 17 hospitals in the US have either not taken a position on medical marijuana, or have an unclear position, as of 2012? Read the details on MedicalMarijuana.Procon.org, part of the ProCon.org family.

This is the last of a six-part series of important facts from ProCon.org that Drug War Chronicle has published the past two months. Click here to read our last ProCon.org "Did You Know" Chronicle blurb, and click on the similar links to to find the previous four.

ProCon.org is a web site promoting critical thinking, education, and informed citizenship by presenting controversial issues in a straightforward, nonpartisan primarily pro-con format. Sign up for ProCon.org's email list or RSS feed to continue to stay informed on the issues ProCon.org follows.

 

Medical Marijuana Update

California's medical marijuana battles continue, the Florida initiative is polling strong (according to its own poll), the Pennsylvania Senate is about to vote on a medical marijuana bill, and more. Let's get to it:

California

Last Tuesday, Costa Mesa initiative supporters handed in signatures for a measure that would allow dispensaries to return to the city. Supporters of the Act to Restrict and Regulate the Operation (ARRO) of Medical Marijuana Businesses handed in 11,080 signatures; they need 7,400 valid signatures to force a special election. City officials have until October 29 to verify the signatures.

Last Thursday, a Change.org petition to free Dr. Mollie Fry went online. California medical marijuana advocate Dr. Mollie Fry is sitting in federal prison for providing the drug to sick patients. Supporters have organized a Change.org petition seeking a pardon for her. Add your signature by clicking on the link.

Last Friday, a court denied a 60-day delay for a hearing on a preliminary injunction to stop warrantless medical marijuana raids in Lake County. Plaintiffs sued to stop what they say are unlawful searches and seizures by Lake County law enforcement, as well as damages for residents who have already been raided and lost their plants. It is the middle of harvest season right now, and the requested delay would have allowed enforcement to continue through the season.

On Tuesday, ASA announced a lawsuit had been filed by two San Diego patients whose home was raided in October 2012. Heavily-armed police seized a whopping 29 plants from Deborah and Dennis Little, a couple in their sixties. Americans for Safe Access San Diego is supporting the lawsuit.

Florida

Last Friday, the state's CBD cannabis oil program was delayed after growers complained about the rules. The Department of Health's issuance of proposed rules on who could qualify for one of five licenses to grow low-THC, high-CBD medical marijuana under a new state law have run into stiff opposition from potential growers. The growers have filed challenges to the rules, and now an administrative judge must deal with those challenges. He has up to 60 days to do so.

On Monday, the medical marijuana initiative said it is polling at 69%. The United for Care campaign, the people behind the Measure 2 medical marijuana initiative, released an internal poll Monday that showed support for the initiative at 69%. Because the initiative is a constitutional amendment, it needs 60% to pass. The internal poll release came after several recent polls showed the initiative hovering at the edge of defeat.

Illinois

On Monday, time ran out for people wanting to apply for medical marijuana businesses. People who want to operate medical marijuana businesses had until 3:00pm CDT Monday to hand in their applications to state agencies. The Illinois Medical Marijuana Pilot Program has more information.

Massachusetts

On Monday, advocates pressed state leaders on slow implementation of the state's medical marijuana program. Patients and advocates rallied Monday at the state house to put pressure on the Department of Health to speed up access to medical marijuana under the state's nearly two-year-old law. The rally was sponsored by the Massachusetts Patient Advocacy Alliance, whose leader, Matthew Allen, told reporters that Gov. Deval Patrick (D) had not lived up to his responsibility to implement the will of the voters.

Pennsylvania

On Wednesday, the medical marijuana bill was headed for a Senate floor vote. The bill, which was amended Tuesday in the Appropriations Committee to ban the use of vaporizers and to greatly narrow the list of allowed conditions for using medical marijuana, was set for a Senate floor vote today.

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

Chronicle AM: MPP Files for 2016 in CA, Addiction Group Calls for FDA Head's Head, More (9/24/14)

MPP begins laying the groundwork for a 2016 legalization initiative in California, a new report examines the impact of pot law reforms, Pennsylvania Senate votes on medical marijuana today, anti-addiction activists target the FDA, and more. Let's get to it:

Chart from the CJCJ's report on the impact of marijuana law reforms.
Marijuana Policy

MPP Files Campaign Committee for 2016 California Initiative. And so it begins. The Marijuana Policy Project today filed with the California secretary of state to create a campaign committee to support a 2016 marijuana legalization ballot initiative. The group says the committee will be part of a broad coalition working to legalize marijuana in the nation's most populous state. That coalition will be working on an initiative draft in the coming months.

CJCJ Report Examines Impact of Marijuana Law Reforms, Supports Legalization Over Decriminalization. In a report released today, the Center for Juvenile and Criminal Justice examines the impact of pot law reforms in states that have either decriminalized or legalized the herb and calls legalization the best policy choice. The report is Reforming Marijuana Laws: Which Approach Best Reduces the Harms of Criminalization? A Five-State Analysis.

Medical Marijuana

Pennsylvania Medical Marijuana Bill Headed for Senate Vote Today. The bill, which was amended yesterday in the Appropriations Committee to ban the use of vaporizers and to greatly narrow the list of allowed conditions for using medical marijuana, is set for a Senate floor vote today.

Heroin and Opiates

Pennsylvania Report Says Heroin Cheaper Than Beer. The Center for Rural Pennsylvania (an agency of the state legislature) has issued a report on opiate addiction in the Keystone State that finds that heroin is cheaper than beer and is sold through sophisticated retail networks. The report, Heroin: Combating this Growing Epidemic in Pennsylvania, recommends a variety of legislative actions, including passage of bills creating a statewide prescription drug database, "Good Samaritan" laws, and making the opioid overdose reversal drug naloxone more available.

Anti-Addiction Activists Call on FDA Head to Resign. A group calling itself FED UP: A Coalition to End the Opioid Epidemic today released a letter calling for the resignation of Food and Drug Administration (FDA) Commissioner Dr. Margaret Hamburg because of "the FDA's continued approval of new, dangerous, high-dose opioid analgesics that are fueling high rates of addiction and overdose deaths." The group takes issue with the FDA's approval last year of the new opioid pain reliever Zohydro, but it also criticized the agency for approving new drugs that are actually designed to be harder to misuse, such as Targiniq, which combines oxycodone with naloxone. FDA spokeswoman Erica Jefferson defended Dr. Hamburg, saying she had to balance concerns about abuse and public safety with those about adequate access to pain medications. "Preventing prescription opioid abuse and ensuring that patients have access to appropriate treatments for pain are both top public health priorities for the FDA," Jefferson said in a statement.

Sentencing

California Defelonization Initiative Has Healthy Lead in New Poll. A poll released yesterday by the Public Policy Institute of California has the state's defelonization initiative, Proposition 47, winning with support at 62%. The initiative would turn drug possession felonies and some other low-level nonviolent offenses into misdemeanors.

International

Bermuda Activist Sues Premier Over Medical Marijuana. Attorney Alan Gordon has sued Premier Michael Dunkley as part of his campaign to ease access to medical marijuana on the island. Gordon accuses the government of creating a double standard by not arresting him for openly cultivating medical marijuana while prosecuting atheists and Rastafarians for the same offense.

Serbian Health Minister Supports Medical Marijuana. Serbian Health Minister Zlatibor Loncar has said marijuana provides "good results in medicine" and announced he will open a public debate on the issue. "The ministry would not prevent the introduction in medicine of anything that gives results for treatment, including marijuana. There are results showing that cannabis gives good results in medicine. We do not want to make decisions for one day, though. We want to meet people with all the details," he said.

This Week's Corrupt Cops Stories

Three more cops with apparent pill problems, and one of them was slinging weed on the side, too. Just another week on the corrupt cops front. Let's get to it:

In Alpine, New Jersey, news came last Wednesday that a Palisades Interstate Parkway police officer had been arrested for possession of cocaine and heroin. Officer Lee Frazzano was actually arrested in July, but the department did not announce the arrest until now. Frazzano went down after the department got word that he was "involved in illegal narcotics" and that the investigation was ongoing. He's scheduled for a court hearing today.

In Richmond, Illinois, a former Richmond and Hebron police officer was arrested last Thursday on new drug charges in addition to ones he was arrested for in July. Ryszard Kopacz, 30, was fired just days after he began working for the Richmond Police after he was accused of soliciting prescription drugs from citizens while in uniform and then failing to show up for work the next day. He was also accused of burglarizing the Hebron Police Department and possession of stolen weapons. Now, he is also accused of selling marijuana while on the job as a Hebron cop. His new charges are delivery of cannabis while acting in official capacity and unlawful acquisition of a controlled substance.

In Trenton, Georgia, a former Trenton police officer was arrested last Thursday on charges he snuck into the evidence room and walked out with oxycodone, hydrocodone, and other prescription pills. Shawn Dewey Chapa was indicted on one count of violation of oath as a police officer and four counts of theft. He's looking at up to 15 years in state prison.

Chronicle AM: Rahm Says Defelonize, Mex Prez Says Don't Legalize, Florida MedMJ Poll, More (9/23/14)

Thar's gold in them thar marijuana legalization laws, Seattle's prosecutor throws out pot possession tickets, Massachusetts medical marijuana advocates chastise the slow-moving state government, Rahm Emanuel wants to defelonize drug possession, and more. Let's get to it:

Chicago Mayor Rahm Emanuel calls for the defelonization of drug possession. (wikipedia.org)
Marijuana Policy

Legal Marijuana Sales in DC Could Net Nearly $9 Million in Tax Revenues. A report from NerdWallet estimates that the District of Columbia could net nearly $9 million a year from taxes on the sales of marijuana -- if taxation and regulation is approved in the District. The DC marijuana initiative, Measure 71, does not include provisions for taxation and regulation because DC law precludes it from doing so, but a tax and regulate legalization bill is already before the city council. The NerdWallet report also includes marijuana tax revenue projections for all 50 states.

DC Council Advances Effort to Seal Marijuana Possession Records. The DC Committee on Judiciary and Public Safety voted unanimously last week to approve B20-467, a bill that would allow people to file motions to seal records for offenses that have since been legalized or decriminalized. DC decriminalized marijuana possession earlier this year and could legalize it in November if Measure 71 passes, which means many DC residents would be able to take advantage of the law if it passes.

Seattle Prosecutor Will Drop All Pot Possession Charges. City Attorney Pete Holmes said Monday will dismiss about a hundred pot possession tickets issued by the Seattle Police Department in the first half of this year -- because most of them were written by a single police officer who disagrees with the state's marijuana legalization law. That officer, Randy Jokela, has been temporarily reassigned.

Medical Marijuana

Massachusetts Advocates Press State Leaders on Slow Implementation. Patients and advocates rallied Monday at the state house to put pressure on the Department of Health to speed up access to medical marijuana under the state's nearly two-year-old law. The rally was sponsored by the Massachusetts Patient Advocacy Alliance, whose leader, Matthew Allen, told reporters that Gov. Deval Patrick (D) had not lived up to his responsibility to implement the will of the voters.

Florida Campaign Internal Poll Has Initiative at 69%. The United for Care campaign, the people behind the Measure 2 medical marijuana initiative, released an internal poll Monday that showed support for the initiative at 69%. Because the initiative is a constitutional amendment, it needs 60% to pass. The internal poll release came after several recent polls showed the initiative hovering at the edge of defeat.

Harm Reduction

Drug Czar to Open Next Month's National Harm Reduction Conference. Michael Botticelli, the acting director of the White House's Office on National Drug Control Policy, better known as the drug czar's office, will provide the opening remarks for the 10th National Harm Reduction Conference set for Baltimore a month from now. Click on the title link or the conference link to learn more.

Sentencing

Chicago Mayor Calls for Statewide Defelonization of Drug Possession Offenses. Mayor Rahm Emanuel (D) today proposed before a General Assembly panel in Chicago that possession of up to a gram of any controlled substance be treated as a misdemeanor, not a felony, as is currently the case. Emanuel also proposed decriminalizing marijuana possession statewide. "It doesn't make sense that one arrest for a very small amount of a controlled substance can lead to a lifetime of struggles," Emanuel said. "It is time to put our sentencing policies in line with our values, reduce penalties for nonviolent, misdemeanor drug offenses so we don't put people in prison who need drug treatment."

International

Mexican President Opposes Marijuana Legalization. In an interview with Bloomberg News, President Enrique Pena Nieto said he opposes legalizing marijuana because that would be "opening the door to a large intrusion of drugs that is very damaging to the population." But he added that he was open to discussion on the issue. "I'm in agreement that we need to have a large debate in the hemisphere about the policies for this area, whether it's to tolerate or to legalize or to simply take a hemispherical definition," Pena Nieto said.

Peru Dynamiting Cocaine Plane Landing Strips, To No Avail. The Peruvian armed forces have been dynamiting clandestine airstrips in the world's number one coca growing region, the Valleys of the Apurimac, Ene, and Mantaro Rivers (VRAEM). But even though soldiers "cratered" 54 airstrips, Peru's counternarcotics chief, Gen. Vicente Romero, said that they were quickly repaired, with traffickers paying villagers up to $100 each to fill in the holes. Sometimes, he said, they get fixed overnight.

Iran Hangs 13 on Drug Charges. Iran has executed 13 people for drug crimes in the past week, including eight hanged in Shahab Prison in Kerman on September 18 and five, including two Pakistani women, hanged in Central Prison in Zahedan. Along with China and Saudi Arabia, Iran is one of the world's most prolific drug war executioners.

Chronicle AM: Joe McNamara Passes, Rand Paul Speech, OAS Drug Resolution, More (9/22/14)

Oregon's Measure 91 picks up a nice endorsement, a marijuana legalization vote in York, Maine, is snuffed out, decrim advances in the US Virgin Islands, Rand Paul tells the GOP to reach out on drug policy, Joe McNamara dies, the OAS passes a drug policy resolution, and more. Let's get to it:

Joseph McNamara in his days as San Jose Police Chief. (SJPD)
Marijuana Policy

Oregon Legalization Initiative Endorsed By Former US Attorney. Former Oregon US Attorney Kris Olson today endorsed Measure 91, the Oregon marijuana legalization initiative. "I enforced our marijuana laws, and they don't work," she said. "Filling our courts and jails has failed to reduce marijuana use, and drug cartels are pocketing all the profits." Olson was US Attorney for Oregon from 1994 to 2001. Meanwhile, the Oregon State Sheriff's Association has made a $100,000 donation to the No on 91 campaign.

York, Maine, Effort to Get Marijuana Vote on Ballot Thwarted. A state court judge last Friday rejected an effort to put a local marijuana possession legalization on the ballot in York. York County Superior Court Judge Paul Fritzsche sided with town councilmen, who had rejected two citizen petitions seeking the vote. Fritzsche ruled that York cannot regulate marijuana because it is governed by state and federal law. Two other Maine towns, Lewiston and South Portland, will vote in November. The state's largest city, Portland, approved a similar initiative last year.

US Virgin Islands Decriminalization Bill Wins Committee Vote. A bill that would decriminalize possession of small amounts of marijuana was approved by the Virgin Islands Senate Committee on Homeland Security, Public Safety, and Justice last Thursday. The measure is Bill 30-0018. It would make possession of an ounce or less of weed a civil offense punishable by a fine of between $100 and $200, with the possible forfeiture of the contraband.

Medical Marijuana

Today is Deadline Day for Illinois Medical Marijuana Business Applicants. People who want to operate medical marijuana businesses have until 3 pm CDT to hand in their applications to state agencies. The Illinois Medical Marijuana Pilot Program has more information.

Drug Policy

Rand Paul Calls on Republicans to Embrace Drug Reform, Other Non-Traditional GOP Planks. Sen. Rand Paul (R-KY) used a speech Saturday to the California GOP convention to call on the party to reach beyond its base by embracing issues such as drug reform, privacy in personal communications, voting rights, and an anti-interventionist foreign policy. Republicans need to "show compassion for people," especially young black and brown people disproportionately affected by the war on drugs. "If you look at surveys, it's not that they're using drugs more than your kids are using drugs, it's because they're getting caught because they live in an urban environment with more patrols, they have less good attorneys, they don't have the resources, and some of the laws are still frankly wrong," he said.

Law Enforcement

Pentagon Surplus Arms Program Let Military Weapons Go to Police Forces That Abused Civil Rights. The Pentagon's program to distribute surplus military equipment to US civilian police forces allows even agencies that have been censured by the Justice Department for civil rights violations to receive lethal weaponry. The Defense and Justice Departments have apparently not been coordinating on the program, the Associated Press reports.

Obituaries

Drug Reforming Police Chief Joe McNamara Dies at 79. One of the earliest law enforcement voices for drug reform is no longer with us. Former San Jose Police Chief Joseph McNamara died last Friday at his home in Monterey, California. He is credited with bringing progressive reforms to the San Jose Police Department in the 1970s. After retiring as police chief in 1992, he went to work at the Hoover Institution, where he continued and sharpened his criticism of the war on drugs. "He was the police chief who became the most deeply involved in the drug policy reform movement," said Ethan Nadelmann, founder and executive director of the Drug Policy Alliance, who had worked with McNamara on issues for the past 25 years. "He was convinced the drug war was a total disaster and he needed to speak out about that."

International

OAS Issues Resolution on Drug Policy. At its 46th Special Session in Guatemala City last Friday, the Organization of American States passed a resolution calling for states to "regularly review the drug policies adopted, ensure that they are comprehensive and focused on the well-being of the individual, in order to address their national challenges and assess their impact and effectiveness." The resolution also called on states to develop drug policies "that prevent social costs or contribute to their reduction; and, when appropriate, reviewing traditional approaches and considering the development of new approaches, based on scientific evidence and knowledge." And it calls for states to develop comprehensive approaches that examine "the structural causes, triggers, and the multiple factors that contribute to violence and crime" with a view to taking them into account when drafting the 2016-2020 Hemispheric Plan of Action on Drugs. Click on the link to read the OAS press release.

Two Important Conferences in DC and Baltimore

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2008 SSDP conference (courtesy DrugWarRant.com)
There are two important conferences coming that we'd like our readers to know about. The first is the "Students for Sensible Drug Policy 2014 Conference + Lobby Day," taking place on the 26th through the 28th of this month (this Friday through Monday), in Rosslyn, Virginia, just across the river from Washington.

The SSDP conference will feature keynote speakers and panels addressing the hottest topics in drug policy, harm reduction, leadership, organizing, and advocacy. The conference will also feature an awards ceremony, lobby day, SSDP alumni gathering, the annual Congress at which student leaders shape the organization's future, and more. Visit http://ssdp.org/events/2014-conference-lobby-day/ for information or to register.

The second event is "Crossroads & Intersections: the 10th National Harm Reduction Conference," taking place up the road in Baltimore, Maryland, from October 23-26. This biennial gathering, sponsored by the Harm Reduction Coalition has been a unique venue for those interested in understanding drug use, drug users and the philosophy and practice of harm reduction since 1996.

Some topics highlighted in the conference line-up include Opiate Overdose Prevention, User-to-User Interventions, Syringe Access, Methadone and Burprenorphine, Improving Drug Treatment Outcomes, Global Harm Reduction Efforts, Challenging Drug User Stigma, and more. In what I think is a first, the recently-appointed director of the White House Office of National Drug Control Policy, Michael Botticelli, will deliver the conference's opening keynote. Visit the conference web site at http://harmreduction.org/conference/.

Chronicle AM: DC Pot Poll, NM Pot Poll, Molly Fry Petition, EU Sides with Bolivia on Coca, More (9/19/14)

A pair of marijuana polls have good news for DC, but not so good for New Mexico, there's a move on to get Dr. Molly Fry out of federal prison, Ohio employers are pushing drug testing for students, the EU sides with Bolivia -- not the US -- on that country's coca policy, and more. Let's get to it:

Dr. Molly Fry's supporters have started a petition drive seeking a pardon for the medical marijuana practitioner. (change.org)
Marijuana Policy

New Poll Has DC Initiative at 65%. A new Washington Post/NBC News/Marist poll has the DC marijuana possession and cultivation legalization initiative Measure 71 winning easily with the support of nearly two-thirds of likely voters. That's the highest number ever polled for an actual legalization initiative. Click on the poll link for more information.

New Poll Has Legalization Coming Up Short in New Mexico. An Albuquerque Journal poll suggests it may be a good thing New Mexicans aren't voting on legalization this year. The poll asked whether respondents supported legalizing marijuana for adults with a tax and regulation scheme similar to Colorado. Only 44% were in favor, with 50% opposed. Click on the title link for more information.

Medical Marijuana

Change.org Petition to Free Dr. Mollie Fry. California medical marijuana advocate Dr. Mollie Fry is sitting in federal prison for providing the drug to sick patients. Supporters have organized a Change.org petition seeking a pardon for her. As of this writing, there are only 27 signatures. You can add yours by clicking on the title link.

Drug Testing

Ohio Industry Groups Urge Schools to Drug Test Vocational Education Students. The Mahoning Valley Manufacturer's Coalition and the Youngstown/Warren Chamber of Commerce have sent a letter to schools in Columbiana, Mahoning, and Trumbull counties urging them to drug test students who enroll in vocational training programs. While somewhere between 20% and 30% of school districts nationwide subject some students to drug testing, this is the first time we've heard of employers directly lobbying schools to do so.

International

European Union Agrees With Morales, Not Obama, on Bolivia's Coca Policy. The Obama administration this week certified that Bolivia had "failed demonstrably" to live up to US drug policy mandates, but the European Union has joined Bolivian President Evo Morales in strongly disagreeing. "In my opinion, the work we have achieved has been successful, the results as well are visible in the successful and sustained reduction of the coca production in the country, and successes as well related with the prohibition," said Timothy Torlot, head of an EU delegation in Bolivia. "My experience here, working with the Bolivians, is one of a government that seriously executes its work, that has proved its results, no need to talk with the US government about that," he added.

Non-Binding Referendum on Marijuana in Mexican State of Jalisco. The state of Jalisco, home to Guadalajara, the country's second largest city, has begun voting on a non-binding referendum on marijuana policy. The referendum asks whether medical marijuana should be legalized and whether personal possession limits should be increased. Voting takes place through Sunday. So far, medical marijuana is winning approval, but increasing possession limits is not. After the referendum, PRD legislator Enrique Velazquez will present a bill in the state congress.

Luxembourg Justice Minister Says It Is Time to Rethink Drug Policy, But Rules Out Marijuana Legalization. Justice Minister Felix Braz told the newspaper Luxemburger Wort that the country needs to rethink its drug policy, saying that criminalization and repression have not had the desired results. Braz pointed to increasing drug problems in the country. "I am convinced that we cannot help these people only through criminal justice measures," the Justice Minister said. "The fact that drug consumption increases steadily, leads us to the conclusion that we need to rethink our drugs policy. With an open spirit, we need to search for alternative solutions to get the problem under control," he added. But Braz also said that the coalition government of which he is a member is not going to legalize marijuana. Marijuana is effectively decriminalized in Luxembourg.

Chronicle AM: NFL Relaxes Marijuana Policy, Bolivia Rejects US Criticism, Aussie PM Supports MedMj, More (9/18/14)

MPP fights to get a third local Maine initiative on the ballot, Florida CBD cannabis oil growers fight for better rules, the NFL relaxes its marijuana policy, Bolivia's president rejects US claims on drugs, Australia's prime minister supports medical marijuana, and more. Let's get to it:

Bolivian President Evo Morales shrugs off US criticism of his country's drug policies. (wikimedia.org)
Marijuana Policy

MPP Files Complaint to Get York, Maine, Initiative on Ballot. The Marijuana Policy Project filed a complaint yesterday in York County Superior Court seeking a temporary injunction to force the town Board of Selectmen to put a possession legalization question on the November ballot. The board has twice refused to put the matter to voters, despite petitioners gathering enough signatures to put the measure on the ballot. The complaint seeks a hearing by tomorrow. Similar initiatives are already set for Lewiston and South Portland; Portland voted to legalize it last year.

Medical Marijuana

Florida CBD Cannabis Oil Program Delayed After Growers Complain About Proposed Rules. The Department of Health's issuance of proposed rules on who could qualify for one of five licenses to grow low-THC, high-CBD medical marijuana under a new state law have run into stiff opposition from potential growers. The growers have filed challenges to the rules, and now an administrative judge must deal with those challenges. He has up to 60 days to do so.

Drug Policy

NFL, Players Agree on New Drug Policy, League Eases Up on Marijuana. The league's new drug policy allows for immediate testing for the presence of human growth hormone (HGH). It also raises the acceptable level of THC found in a player's system from 15 nanograms per millileter to 35 nanograms. The change in policy will allow several suspended players to return immediately; others will see the lengths of their suspensions reduced.

Opiates

Senator Whitehouse Files Bill to Address Prescription Opiate, Heroin Use. Sen. Sheldon Whitehouse (D-RI) yesterday introduced SB 2389, "a bill to authorize the Attorney General to award grants to address the national epidemics of prescription opioid abuse and heroin use." The next of the bill is not yet available online. The bill heads to the Senate Judiciary Committee.

North Carolina Conference on Heroin Set for February. The North Carolina Harm Reduction Coalition, legislators, medical professionals, law enforcement, and heroin users and people impacted by its use will hold a conference in February to discuss legislative solutions to heroin use and heroin-related drug overdoses. Click on the link for more information.

International

Irish Review Calls for Easing Drug Laws. A government study of sentencing policy has called for an easing of mandatory minimum sentences for serious drug dealing offenses, which currently stand at 10 years. The Strategic Review of Penal Policy also recommends increasing the monetary threshold that triggers serious drug dealing charges, which is currently at about $20,000. And it calls for increasing "good time" for good behavior in prison from 25% to 33%.

Bolivia Rejects US Claim It Hasn't Done Enough to Curtail Drug Production. Bolivian President Evo Morales, a coca growers' union leader, rejected the White House's designation last week of Bolivia as one of three countries (along with Burma and Venezuela) that had failed to comply with US drug policy mandates. "Whatever they do and whatever they say, or yell from the United States, the people won't be confused by this type of information," Morales said Wednesday in a speech. Although the US complains that "illegal cultivation for drug production remains high," the UNODC said in June that coca leaf production in Bolivia last year had declined 9% and was at the lowest level since 2002.

Mexico Orders 18 Black Hawk Helicopters for More Better Drug War. The Pentagon announced this week that it has awarded a $203 million contract to Sikorsky to build 18 UH-60M Black Hawk helicopters for the Mexican Air Force. That contract doesn't include the cost of engine and mission systems; the total cost for supplying the choppers will be about $680 million. Mexico will use the choppers "to enhance its counter-narcotics capabilities."

Australia Prime Minister Backs Medical Marijuana. Prime Minister Tony Abbott has written in a letter to a radio host saying he is prepared to support legalizing medical marijuana. "I have no problem with the medical use of cannabis, just as I have no problem with the medical use of opiates," Abbott wrote. "If a drug is needed for a valid medicinal purpose though and is being administered safely there should be no question of its legality. And if a drug that is proven to be safe abroad is needed here, it should be available. I agree that the regulation of medicines is a thicket of complexity, bureaucracy and corporate and institutional self interest. My basic contention is that something that has been found to be safe in a reliable jurisdiction shouldn't need to be tested again here."

South Africa Medical Marijuana Bill Gets Support of Christian Democrats. The Medical Innovation Bill, which would allow for the use of medical marijuana, has gained the support of the African Christian Democratic Party. The bill was reintroduced by an Inkatha Party member last week, and the governing African National Congress Party approved letting it move forward.

Medical Marijuana Update

Our first-ever medical marijuana update with no news from California. But there are things going in places that are not the usual suspect -- sign of changing times, indeed. Let's get to it:

National

This week, the Charlotte's Web Medical Hemp Act of 2014 continued to pick up new sponsors. The bill, HR 5526, would exclude low-THC, cannabidiol-based medicines from the definition of marijuana under the Controlled Substances Act. The latest cosponsors are Reps. Walter Jones (R-NC), Jan Schakowsky (D-IL), and Tom McClintock (R-CA). The bill now has 24 cosponsors -- Democrats and 10 Republicans.

Florida

Last Friday, Florida Republican county chairs came out against the medical marijuana initiative. They voted to oppose Amendment 2, the state's medical marijuana constitutional amendment. They worried it would lead to widespread access to marijuana. "I do not want to see Florida turned into the pot capital of the world," aid Volusia County GOP chair Tony Ledbetter, in a remark typical of Republican concerns.

On Wednesday, a new poll had the initiative leading, but not by enough to pass. The latest SurveyUSA/WFLA tracking poll has the Amendment 2 medical marijuana initiative at 56%, which would be good news except that, because it is a constitutional amendment, it needs 60% to be approved. Other recent polls have shown the initiative hovering on the cusp of passage.

Georgia

Last Thursday, advocates called for whole plant medical marijuana, not just CBD oil. As legislative hearings in Macon continue to examine the use of CBD oil, medical marijuana advocates are calling for whole plant medical marijuana. "The cannabis plant contains many compounds that have proven to be effective in treating a variety of conditions," said Georgia C.A.R.E director James Bell. "We should not be determining who can and cannot benefit from this healing plant."

Guam

On Monday, the Guam Election Commission released the text for the island's medical marijuana initiative. The legislature-sponsored initiative, Proposal 14A, will go before voters in November. The election commission is urging opponents and proponents of the measure to submit written arguments not exceeding 500 words by this Friday.

Iowa

Last Thursday, a legislative panel said medical marijuana should be grown in the state. A bipartisan legislative committee studying the state's CBD oil medical marijuana law has recommended growing and distributing it in the state and reclassifying marijuana under state law. The vote was largely along party lines, with only one Republican voting for Iowa-grown medical marijuana.

Pennsylvania

Last Wednesday, a key Republican senator said he would consider the medical marijuana bill. Senate Majority Leader Dominic Pileggi (R-Chester) said he plans to caucus on whether to move forward with Senate Bill 1182, saying the bill has "broad support" in the legislature.

On Monday, a key Republican House member said he supports the medical marijuana bill. State Rep. Mike Vereb (R-Montgomery) told a rally on the capitol steps Monday that he now supports pending medical marijuana legislation. This could be a sign that Republican opposition in the House is softening. The bill has some bipartisan support in the Senate, but the session only has a month left.

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

This Week's Corrupt Cops Stories

More cops with pill problems, more jail and prison guards in trouble for drug smuggling and selling. Just another week on the drug war corruption front. Let's get to it:

In New Castle, Pennsylvania, a Lawrence County jail guard was arrested last Monday on charges he sold drugs to an undercover informant while in uniform. Michael Llewellyn, 29, is charged with twice selling prescription pain relievers to the snitch, including once in the parking lot of the jail while he was on a break at work.

In Lumberton, North Carolina, a Red Springs police officer was arrested last Friday on what amount to doctor-shopping charges. George Thomas Wright Jr., 48, allegedly went to doctors in four different counties seeking hydrocodone prescriptions. He charged with obtaining a controlled substance by fraud, trafficking opiates and trafficking by possessing opiates. He is free on $25,000 bond. He's on unpaid leave.

In Brentwood, North Carolina, a county jail guard was indicted Monday on charges he provided morphine to an inmate. Dennis Verill, 65, had been fired earlier after an internal investigation. It's unclear what the precise charges are.

In Woburn, Massachusetts, a state prison guard was arrested Tuesday for allegedly smuggling heroin and cocaine into the Souza-Baranowski Correctional Center in Shirley. Brandon Beach, 30, went down after authorities at the maximum security prison smelled marijuana and started an investigation. That led to a traffic stop in which Beach was caught with cocaine, heroin, marijuana, alcohol, and cigarettes. He is charged with trafficking heroin and cocaine, and at last report, was being held on $5,000 cash bail.

In Phoenix, a former Phoenix police officer was sentenced last Friday to nearly four years in prison for stealing drugs from the police department's evidence room. William McCartney, 40, had pleaded guilty in June to one count each of fraudulent schemes (?) and theft after originally being hit with 40 counts, including evidence tampering, theft, and drug possession. McCartney went down after a 2011 audit found that drugs like oxycodone had been replaced by over-the-counter medications and the evidence pointed to him.

Chronicle AM: DC Opposition Emerges, Edibles Awareness Campaign, NJ Opiate Bill Package, More (9/17/14)

Organized opposition has arrived in DC, MPP launches a "Consume Responsibly" campaign, polls suggest a tough fight for the Florida medical marijuana initiative, New Jersey solons roll out a package of bills aimed at opiate use, and more. Let's get to it:

Marijuana Policy

DC Initiative Gets Organized Opposition. Opponents of the DC marijuana possession and cultivation legalization initiative, Measure 71, have formed an organization to try to defeat the measure. "Two. Is. Enough. DC." has been formed to fight "the scourge of a third legal recreational drug" in the nation's capital, according to its front-man, Will Jones III. A Wednesday new conference unveiling the group featured former US Rep. Patrick Kennedy, a member of the anti-legalization campaign group Project SAM, which has also been active in opposing the Alaska and Oregon initiatives.

Marijuana Policy Project Launches "Consume Responsibly" Campaign. With a nod to newspaper columnist Maureen Dowd, who famously got way too high on marijuana edibles in Colorado, the Marijuana Policy Project is rolling out a series of hand-outs and Internet ads urging marijuana users to "Consume Responsibly." One of the images features a woman resembling the red-headed columnist sitting on a hotel room bed. There is a new web site, too: Consume Responsibly. Check it out.

House Passes Bill Barring Use of Welfare Benefits Cards at Marijuana Shops. The Republican-controlled House last night passed the Preserving Welfare for Needs Not Weed Act (HR 4137) on a voice vote. The bill bars people from using EBT cards at marijuana stores or withdrawing cash from ATM machines at businesses that sell marijuana. The bill passed after 18 minutes of floor debate.

Medical Marijuana

Florida Initiative at 56% in Latest Poll, But It Needs 60% to Pass. The latest SurveyUSA/WFLA tracking poll has the Amendment 2 medical marijuana initiative at 56%, which would be good news except that, because it is a constitutional amendment, it needs 60% to be approved. Other recent polls have shown the initiative hovering on the cusp of passage.

Hemp

Industrial Hemp Farming Act Picks Up New Sponsor. The bill, SB 359, would remove a serious obstacle to hemp production in the US by removing hemp from the definition of marijuana under the Controlled Substances Act. It now has five cosponsors -- two Democrats, two Republicans, and one independent. The latest sponsor is Sen. Tom Harkin (D-IA).

Drug Policy

Brookings, OSI, LSE to Hold Global Drug Policy Discussion in DC on Monday. The Latin America Initiative (LAI) at Brookings, the London School of Economics (LSE), and the Open Society Foundations will host a discussion on global drug policy trends and effectiveness. Experts will address among other issues the security and organized crime implications, the effectiveness of supply-side policies, as well as mass incarceration and the public health dimensions. Click on the link to see the panelists and for further information.

Opiates

New Jersey Legislators to Introduce Package of Bills to Address Opiate Use. Led by state Sen. Joe Vitale (D), a bipartisan group of solons is today introducing a package of bills that would expand funding for drug treatment, increase oversight of state facilities and doctors, create a mandatory prescription monitoring program, and require colleges to provide substance abuse recovery options. There are 21 bills in all; here's the complete package.

International

Israeli Health Ministry Will Allow Family Doctors to Prescribe Some Medical Marijuana. Responding to a heavy burden on pain clinics and the 30 doctors currently allowed to prescribe medical marijuana, the Health Ministry will temporarily allow family doctors to write prescriptions for medical marijuana, but only if it is an extension to an existing treatment and only if it does not increase the dosage. There are currently some 18,000 Israelis with permission to use medical marijuana.

Bill Filed to Rein in Police Militarization [FEATURE]

Concerns about the militarization of American policing have been on the increase for some time now, but have crystallized in the wake of the heavy-handed police response to the killing earlier this summer of black teenager Michael Brown in Ferguson, Missouri.

Soldiers or police? It's the latter. (hankjohnson.house.gov)
For years, observers have noted the SWAT mission creep, where sending paramilitarized police units to deal with rare mass attacks and hostage-taking events has transmuted into the routine use of SWAT for things like serving drug search warrants. A recent ACLU report documented this trend, finding that 62% of all SWAT teams had been deployed for drug raids. And public anger over police killings -- especially of young men of color -- has been on the increase as well.

In the past decade, affairs have only accelerated as police departments around the land have availed themselves of Congress's largesse in letting them pick up surplus military equipment for free, bringing home Humvees and MRAPs, as well as all kinds of armaments and military get-up. Under the weight of all that gear, policemen who used to look like Officer Friendly have taken on the appearance of imperial storm troopers.

That has all taken place under the Pentagon's 1033 program, which allows the transfer of such equipment from war zones in Iraq and Afghanistan state and local law enforcement agencies without charge. But, critics claim, while appropriate as war materiel, much of this equipment is not suited for civilian law enforcement purposes.

Law enforcement's resort to military equipment against largely peaceful civilian protestors in Ferguson, with armored vehicles moving in to confront teenagers wearing shorts and sniper rifles aimed from turrets at local residents put the issue front and center in the national consciousness.

There were congressional hearings on the topic last week, and today, a bipartisan pair of congressmen, Reps. Hank Johnson (D-GA) and Raul Labrador (R-ID), announced that they had filed a bill to rein in the Department of Defense program that transfers surplus military equipment to state and local law enforcement agencies.

Police militarization is an attitude, too. (BCSO)
"Militarizing America's main streets won't make us any safer, just more fearful and more reticent," said Johnson in a statement announcing the bill. "Before another small town's police force gets a $750,000 gift from the Defense Department that it can't maintain or manage, it behooves us to press pause on Pentagon's 1033 program and revisit the merits of a militarized America."

The bill is HR 5478, the Stop Militarizing Law Enforcement Act of 2014. It would:

  • Prevent transfers of equipment inappropriate for local policing, such as high-caliber weapons, long-range acoustic devices, grenade launchers, armed drones, armored vehicles, and grenades or similar explosives.
  • End incentives to use equipment in circumstances when the use is unnecessary. Under the 1033 program, local police are required to use the equipment within a year, incentivizing towns to use it in inappropriate circumstances.
  • Require that recipients certify that they can account for all equipment. In 2012, the weapons portion of the 1033 program was temporarily suspended after DOD found that a local sheriff had gifted out army-surplus Humvees and other supplies. This bill would prohibit re-gifting and require recipients to account for all equipment received from DOD.
  • Remove any reference to counterdrug operations from the program, thus ensuring that law enforcement is not incentivized to use the equipment to perform arrests of those suspected of being low-level, non-violent drug offenders.

"Our nation was founded on the principle of a clear line between the military and civilian policing," said Labrador. "The Pentagon's current surplus property program blurs that line by introducing a military model of overwhelming force in our cities and towns. Our bill would restore the focus of local law enforcement on protecting citizens and providing due process for the accused."

The bill also adds requirements to enforce tracking mechanisms that keep up with and control transfers of the equipment, implement policies ensuring that police agencies can't surplus the equipment for resale and define drones more clearly. It would also specify that the use of MRAPs, grenades, and drones is not appropriate for civilian law enforcement.

In addition to Johnson and Labrador, the bill's original cosponsors are Reps. Justin Amash (R-MI), John Conyers (D-MI), Tom McClintock (R-CA), and Jim Moran (D-VA).

The move is winning kudos from drug reform organizations.

Just what every small town police department needs. (Doraville PD)
"Very occasionally and with proper oversight and training, the use of some military equipment is appropriate -- school shootings, terrorist situations and the like," said Major Neill Franklin (Ret.), executive director of Law Enforcement Against Prohibition. "But when it's routinely used against nonviolent drug offenders, it only serves to further strain police-community relations so vital to preventing and solving violent crime. This bill will correct some of the worst excesses of a potentially useful program hijacked by the war on drugs."

"In light of what we all saw in Ferguson, Missouri, the American people are clamoring for law enforcement to become less militarized. Grenades, drones, and tanks may belong on the battlefield; they certainly don't have a place on US streets," said Michael Collins, policy manager at the Drug Policy Alliance's Office of National Affairs. "Such militarization is inextricably linked to the drug war, where SWAT teams and no-knock raids have become a routine part of drug arrests, even in the case of nonviolent offenders."

The bill is a good first step in reining in law enforcement militarization, he said.

"This legislation is a thoughtful attempt at tackling a very worrying problem -- the militarization of law enforcement," Collins said. "The Pentagon program is highly problematic because preferential treatment is given to those police forces that use their equipment to fight the drug war. This bill would end that, and move us away from a heavy-handed approach to drug policy."

Washington, DC
United States

Chronicle AM: Obama Names Drug Producing Countries, CDC Overdose Report, CA Narcan Law, More (9/16/14)

Congress is back and bills are picking up cosponsors, Guam will vote on medical marijuana, Wyoming moves toward ending civil asset forfeiture reform, the president names drug producing and transit countries (again), and more. Let's get to it:

The rate of increase in opiate OD deaths is slowing. (CDC/NCHS)
Marijuana Policy

Preserving Welfare for Needs Not Weed Act Picks Up New Sponsor. The bill, HR 4137, would "prohibit assistance provided under the program of block grants to States for temporary assistance for needy families from being accessed through the use of an electronic benefit transfer card at any store that offers marijuana for sale." Introduced in March by Rep. David Weichert (R-WA), the bill now has 16 cosponsors, all Republicans. The latest is Rep. Kevin Brady (R-TX). The House Speaker has indicated the bill could see action this week.

Medical Marijuana

Charlotte's Web Medical Hemp Act of 2014 Picks Up New Sponsors. The bill, HR 5526, would exclude low-THC, cannabidiol-based medicines from the definition of marijuana under the Controlled Substances Act. The latest cosponsors are Reps. Walter Jones (R-NC), Jan Schakowsky (D-IL), and Tom McClintock (R-CA). The bill now has 24 cosponsors -- 14 Democrats and 10 Republicans.

Guam Medical Marijuana Legislative Initiative Published, Pro and Con Arguments Sought. The Guam Election Commission has released the text for Proposal 14A, the legislatively-initiated medical marijuana measure that will go before voters in November. The election commission is urging opponents and proponents of the measure to submit written arguments not exceeding 500 words by this Friday.

At Harrisburg Rally, Top Pennsylvania House Republican Says He Supports Medical Marijuana Bill. State Rep. Mike Vereb (R-Montgomery) told a rally on the capitol steps Monday that he now supports pending medical marijuana legislation. This could be a sign that Republican opposition to Senate Bill 770 in the House is softening. The bill has some bipartisan support in the Senate, but the session only has a month left.

Asset Forfeiture

Wyoming Legislative Committee Votes to Sponsor Bill to End Civil Asset Forfeiture. The legislature's Joint Judiciary Interim Committee voted last Thursday to sponsor a draft bill for next year's legislative session that would end civil asset forfeiture in the state. The draft bill is 15LSO-009. Under the bill, defendants would have to be convicted of a crime before property could be seized, they would have to be told what property is being considered for seizure, and, if they are convicted of a crime, they could challenge the forfeiture and request a hearing.

Drug Policy

In Annual Determination, White House Names 22 Countries as Major Drug Producers or Transit Countries. The White House has named the following countries as "major drug transit or major illicit drug producing countries:" Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela. Among that group, the determination singles out Bolivia, Burma, and Venezuela as "having failed demonstrably" to undertake drug war policies to Washington's liking. But it also says Washington will keep supplying aid to Burma and Venezuela because it is "vital to the national security interests of the United States."

Harm Reduction

California Governor Signs Naloxone Access Expansion Bill. Gov. Jerry Brown (D) Monday signed into law Assembly Bill 1535, which allows pharmacists to furnish the overdose reversal drug naloxone (Narcan) without a prescription. Previously, the drug was only available with a prescription or through a handful of programs throughout the state.

Prescription Pills

CDC Finds Slowing Rate of Increase in Prescription Opiate Overdose Deaths. Opioid pain relievers were involved in about 11,700 drug overdose deaths in 2011, up about four-fold over 1999, but the rate of increase in such deaths has leveled off since 2006, according to a report from the Center for Disease Control and Prevention's National Center for Health Statistics. But while ODs from opiates alone seem to be stabilizing, ODs from a combination of opiates and benzodiazepines were on the increase, with benzos involved in 31% of opiate ODs in 2011, up from 13% in 1999.

Sentencing

Second Chance Reauthorization Act Gets New Sponsor. The bill, HR 3465, would amend the Second Chance Act of 2007 to allow continued authority for grants for drug treatment in prisoner reentry programs. The bill has 41 cosponsors -- 33 Democrats and eight Republicans -- with the latest being Rep. Rodney Davis (R-IL).

House Smarter Sentencing Act Gets New Sponsor. The bill, HR 3382, would reduce mandatory minimum sentences for some drug offenses, allow for applications for resentencing for some crack offenders, and allow judges to sentence beneath mandatory minimums in some cases. The bill has 50 cosponsors -- 36 Democrats and 14 Republicans -- with the latest being Rep. Judy Chu (D-CA).

CBO Says Senate Smarter Sentencing Act Would Save $3 Billion Over Next Decade. The bill, SB 1410, would reduce Justice Department corrections spending by about $4 billion, but would also result in about $1 billion in costs related to ex-offenders receiving federal benefits earlier than they otherwise would have, the Congressional Budget Office reported. The bill would see about 250,000 prisoners released earlier than they would have been over the next decade.

International

Australia's Victoria State to See Government-Sponsored Medical Marijuana Bill. Victoria Health Minister David Davis said a bill to make it easier to conduct medical marijuana clinical trials will be introduced today.

Chronicle AM: WaPo Just Says No, WV Pain Clinics Using Narcs, More (9/15/14)

The Washington Post just says no to the DC marijuana initiative, the Oregon initiative sees a lively debate, the Madison, WI, police chief says legalize it, another drug war death, West Virginia pain patients are getting screened by narcs -- and paying for the privilege! -- and more. Let's get to it:

Imprisoned Vietnamese drug users working at a "rehabilitation center" in 2011 (hrw.org)
Marijuana Policy

Washington Post Counsels "No" Vote on DC Initiative. The editorial board of The Washington Post came out Sunday against DC's Initiative 71 legalizing the possession and cultivation of small amounts of marijuana. The paper noted that it had supported DC's recent decriminalization, but worried about "the rush to legalize marijuana." The paper warned that marijuana is "a dangerous drug" and "a gateway to more dangerous drugs." It also warned of "negative consequences" of legalization in Colorado, citing contentious information from the anti-legalization group Project SAM.

Legalization Debated in Oregon. The Salem City Club was the site of an hour-long debate last Friday over the legalization initiative, Measure 91. US Rep. Earl Blumenauer (D-OR) represented the "pro" side, while Clatsop County DA Josh Marquis represented the "con" side. Click on the title link for the flavor of the debate.

York, Maine, Initiative Still Up in Air. Will residents of York get to vote on marijuana possession legalization this year or not? The city council has rejected an initiative petition, but organizers were expected to submit a notarized version of the signatures to the town clerk, which would put the measure on the ballot. That hasn't happened yet. The Coalition for a Safer Maine only has until Friday, but the town clerk is now saying signatures may have to be re-gathered. The Coalition is considering its options. Similar initiatives are already on the ballot in Lewiston and South Portland, and Portland passes its own measure last year.

New York State Senator Says She Will Introduce Legalization Bill. Sen. Liz Krueger (D-Manhattan) said Sunday she will introduce a bill to legalize marijuana. "I will push for taxation and regulation of marijuana," she said. "I continue to work with experts around the country and to evaluate laws and regulations being put into place now." She introduced a similar bill last session that went nowhere, but she said progress on medical marijuana and factional realignments in Albany made her hopeful. "I see more hope in a Democratic majority for… pieces of legislation that weren't going anywhere," she said.

Madison, Wisconsin, Police Chief Says Legalize It. Police Chief Mike Koval came out in favor of marijuana legalization last week, saying it should be taxed and regulated, with revenues used to provide treatment for hard drug users. The war on drugs in general and on marijuana in particular has been "an abject failure," he said. "We've done such an abysmal job using marijuana as a centerpiece of drug enforcement, that it's time to reorder and triage the necessities of what's more important now," he added.

Medical Marijuana

Florida Republican County Chairs Oppose Medical Marijuana Initiative. GOP county chairs voted last Friday to oppose Amendment 2, the state's medical marijuana constitutional amendment. They worried it would lead to widespread access to marijuana. "I do not want to see Florida turned into the pot capital of the world," said Volusia County GOP chair Tony Ledbetter, in a remark typical of Republican concerns.

Drug Testing

Wisconsin's Republican Governor Comes Out for Public Benefits Drug Testing. In a tough race for reelection, Gov. Scott Walker has come out with a proposal to drug test people seeking food stamps or unemployment benefits and he is looking for a fight with the federal government over it. The notion is politically popular, but legally and constitutionally problematic. Walker's opponent, Democrat Mary Burke, has derided Walker's plan as a campaign stunt.

Pain Treatment

West Virginia Pain Clinics Using Former Narcs to Screen Patients. People seeking medical assistance at the Hope pain clinics in Beckley, Fairmont, and Kanawha City now must undergo screening by former narcotics officers -- and pay for the privilege. The clinics are charging patients $150 to be fingerprinted, photographed, drug tested, background checked, and interviewed by the former narcs. The work is doing by a private company, but some state legislators said it should be doctors -- not police -- who are reviewing and monitoring patients.

Law Enforcement

House Judiciary Committee Hearing Thursday on DEA Oversight. The House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations will meet Thursday for a hearing on DEA oversight. The only scheduled witness is DEA Administrator Michele Leonhart. Click on the link for more details.

19-Year-Old City Oklahoma Woman Shot By Cops Is Year's 33rd Drug War Fatality; Boyfriend Now Charged With Murder. An Oklahoma City woman was shot and killed by police as she attempted to drive away from a drug bust and hit an officer on foot earlier this month. Karen Cifuentes, 19, becomes the 33rd person to die in US domestic drug law enforcement operations so far this year. Cifuentes was apparently the girlfriend of passenger Juan Manuel Aguilera Perez, 24, who reportedly threw a bag of cocaine from the car as the pair fled. Perez is now charged with first degree murder, possession of a controlled substance with intent to deliver, and possession of drug proceeds ($400 in cash). Because Perez's was allegedly in the midst of the commission of a felony -- drug sales -- when police shot Cifuentes, under Oklahoma law he can -- and has been -- charged with murder in her death.

International

Parliamentary Citizen's Initiative for Marijuana Legalization Now Third Most Successful in Austrian History. A parliamentary citizen initiative asking for marijuana legalization has now been signed by 22,392 Austrians, making it the third most successful such petition in the country's history. "This huge success motivates us to organize a parliamentary hearing in order to reduce information deficits as most Austrian politicians still reject any legalization moves," said Bernhard Amann, chairman of Legalize!Österreich.

Hundreds of Vietnamese Drug Users Flee Compulsory "Rehabilitation Center." At least 400 inmates at a compulsory drug treatment "rehabilitation center" escaped on Sunday after breaking down the gates of the center near Hai Phong City. Drug users in Vietnam are regularly arrested and sent to compulsory treatment programs, a practice that has been denounced by human rights groups. A local official was quoted as saying that the men had escaped to pressure authorities for "better policy." They can be held for up to three years in the treatment centers, which Human Rights Watch has called "little more than forced labor camps."

(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.)

Oklahoma Woman Killed Fleeing Police in Drug Bust

An Oklahoma City woman was shot and killed by police as she attempted to drive away from a drug bust and hit an officer on foot earlier this month. Karen Cifuentes, 19, becomes the 33rd person to die in US domestic drug law enforcement operations so far this year.

The incident occurred September 3, but didn't come to our attention until the passenger in Cifuentes' car was charged last Friday with murder in her death.

According to The Oklahoman, citing law enforcement documents, undercover police witnessed what they thought to be a drug deal in the parking lot of a liquor store. As officers approached, Cifuentes backed the car out of the parking lot at a high rate of speed, mowing down metal poles and jumping the curb as she fled.

The reporting does not make clear whether the undercover officers ever identified themselves as police.

As she drove away down a nearby surface street, she hit an officer on foot, who shot her "as she was accelerating." The reporting does not make clear whether the officer shot her before or after she hit him. An earlier report from KFOR Newschannel 4, however, says Cifuentes struck the officer first and that the officer suffered "minor injuries."

Cifuentes was apparently the girlfriend of passenger Juan Manuel Aguilera Perez, 24, who reportedly threw a bag of cocaine from the car as the pair fled. Perez is now charged with first degree murder, possession of a controlled substance with intent to deliver, and possession of drug proceeds ($400 in cash).

Because Perez's was allegedly in the midst of the commission of a felony -- drug sales -- when police shot Cifuentes, under Oklahoma law he can -- and has been -- charged with murder in her death.

Oklahoma City, OK
United States

Chronicle AM: Roger Christie Freed, Bogota Smoke-In, First Pot Bust Centenary Demo, More (9/12/14)

With Congress back in session, bills are getting some attention, Roger Christie walks out of prison, the PA Senate will take up medical marijuana next week, smoke-in in Bogota, and more. Let's get to it:

California marijuana reform activists (cannabispolicyreform.org)
Marijuana Policy

Hawaii's THC Minister Roger Christie Walks Out of Federal Prison. Roger Christie walked out of a federal detention center near Honolulu uncowed today after nearly 50 months behind bars on marijuana charges related to his THC Ministry. He had done nearly four years without bail awaiting trial before he and his wife accepted a plea deal that resulted in release for time served. He is vowing to lead the fight to legalize marijuana in the Aloha State.

LA Rally Marks a Century of Marijuana Prohibition, Calls for Its End. A rally at City Hall in Los Angeles yesterday marked the 100th anniversary of the state's first pot bust, in which state Board of Pharmacy agents cut down and seized $500 worth of "Indian Hemp" in the city's Sonoratown Mexican colony. The event was sponsored by Cal NORML and the California Coalition for Cannabis Policy Reform. Several current and former Los Angeles elected officials attended.

Oregon Legalization Campaign Contributes to Get Out the Youth Vote Effort. New Approach Oregon, the folks behind the Measure 91 legalization initiative, have contributed $100,000 to a voter registration effort conducted by the state's major progressive political groups, Our Oregon. The campaign has identified increasing youth turn-out in this off-year election as a key campaign goal.

Medical Marijuana

Charlotte's Web Medical Hemp Act Picks Up More Sponsors. The bill, HR 5226, is picking up more sponsors every day. It got three more Wednesday and two more yesterday. The newest cosponsors are Reps. Jared Polis (D-CO), Peter Welch (D-VT), John Yarmuth (D-KY), John Delaney (D-MD), and Beto O'Rourke (D-TX). The bill, which was introduced at the end of July, now has 21 cosponsors -- 13 Democrats and eight Republicans.

Preserving Welfare for Needs Not Weed Act Gains New Sponsor. The bill, HR 4137, would bar the use of EBT cards from the food stamp program in marijuana stores. Rep. Kenny Marchant (R-TX) becomes the 15th cosponsor. All the cosponsors are Republicans.

Pennsylvania Senate to take Up Medical Marijuana Next Week. Senate Majority Leader Dominic Pileggi (R-Chester) said Wednesday night he plans to caucus on whether to move forward with Senate Bill 1182, saying the bill has "broad support" in the legislature.

Iowa Legislature Panel Says Medical Marijuana Should be Grown in State. A bipartisan legislative committee studying the state's CBD oil medical marijuana law has recommended growing and distributing it in the state and reclassifying marijuana under state law. The vote was largely along party lines, with only one Republican voting for Iowa-grown medical marijuana.

Asset Forfeiture

Civil Asset Forfeiture Reform Act Picks Up More Cosponsors. The bill, HR 5212, would provide additional protections against civil asset forfeiture efforts by law enforcement and prosecutors. The newest cosponsors are Reps. Rob Bishop (R-UT), Dana Rohrabacher (R-CA), Michael Conaway (R-TX), and Paul Broun (R-GA). The bill has nine cosponsors, all Republicans.

Drug Testing

California Initiative to Drug Test Doctors Losing Ground. A new Field Poll finds that Proposition 46, a medical malpractice initiative that includes a provision mandating drug testing for doctors, is well under 50%, with support declining. Support for the measure is at 34%, with 37% opposed and 29% undecided. It had led earlier, but support is evaporating in the face of a multi-million dollar "no" campaign funded by doctors, medical groups, and insurance companies.

Sentencing

Second Chance Reauthorization Act Picks Up New Sponsors, Hearing Set Next Week. The bill, SB 1690, would amend the existing act to broaden access to family-based drug treatment and other reentry services. The newest cosponsors are Sens. Susan Collins (R-ME) and Mazie Hirono (D-HI). The Senate Judiciary Committee will take it up next Thursday.

International

Smoke-In in Front of the Colombian Congress. The Colombian Congress was the scene of a peaceful marijuana smoke-in Thursday, with demonstrators demanding the legalization of the drug. Demonstration leaders vowed to continue protests, "rolling joints in any place" in the capital city, Bogota. The demo comes as the Congress considers a medical marijuana bill.

Chronicle AM: Mexican Coca, Saudis Behead Another Trafficker, Feds Raid LA Fashion District, More (9/11/14)

A federal CBD medical marijuana bill picks up more sponsors, so does a federal asset forfeiture reform bill, Georgia advocates want whole whole plant medical marijuana, Mexico's first coca patch is busted, Saudi Arabia beheads another drug offender, and more. Let's get to it:

Coca plant. Mexico has found its first plantation. (unodc.org)
Marijuana Policy

York, Maine, Selectmen Refuse to Put Legalization Initiative on Ballot, But… Town selectmen voted against putting the initiative from Citizens for a Safer Maine on the November ballot, but since petitioners have already gathered sufficient signatures to force the issue, they can get their petition notarized to be placed on the ballot. York will join Lewiston and South Portland in voting on initiatives this year; Portland approved one last year.

Medical Marijuana

Charlotte's Web Medical Hemp Act Picks Up More Sponsors. The Charlotte's Web Medical Hemp Act (HR 5226), which would exclude cannabidiol (CBD) from the definition of marijuana, has gained new sponsors. It now has 19 cosponsors -- 11 Democrats and eight Republicans. The latest are Reps. Ann Wagner (R-MO), Matthew Cartwright (D-PA), and Chris Stewart (R-UT).

Georgia Advocates Call for Whole Plant Medical Marijuana, Not Just CBD Oil. As legislative hearings in Macon continue to examine the use of CBD oil, medical marijuana advocates are calling for whole plant medical marijuana. "The cannabis plant contains many compounds that have proven to be effective in treating a variety of conditions," said Georgia C.A.R.E director James Bell. "We should not be determining who can and cannot benefit from this healing plant."

Asset Forfeiture

Civil Asset Forfeiture Act Picks Up New Sponsors. The bill, HR 5212, now has five cosponsors. The latest are Reps. Stevan Pearce (R-NM), Cynthia Lummis (R-WY), and Reid Ribble (R-WI). All cosponsors so far are Republicans. The bill, filed by Rep. Tim Wahlberg (R-MI), would increase citizen protections against federal asset forfeiture actions.

Law Enforcement

Feds Raid LA Fashion District in Cartel Money Laundering Probe. More than a thousand law enforcement officers spread out across LA's fashion district Wednesday, raiding more than 60 warehouses, storefronts, and residences, arresting nine people and seizing $65 million in cash that they said was being laundered for Mexican drug trafficking organizations. The feds called the mass bust Operation Fashion Police.

International

OAS Head Claims Regional Consensus on Drug Reform. Speaking in front of the Inter-American Dialog in Washington, DC, Organization of American States (OAS) Secretary General Jose Miguel Insulza said Wednesday that regional leaders have reached consensus on four drug policy reform issues: to emphasize a public health approach, to seek out alternatives to incarceration, to stay strong against organized crime, and to work on strengthening regional institutions. Insulza's remarks come ahead of an OAS Special General Assembly to be held in Guatemala next week.

Mexico's First Coca Plantation Discovered in Chiapas. Mexican soldiers have seized more than 1,600 coca plants being cultivated in southern Chiapas state, near the Guatemalan border. Mexican military and UN Office on Drugs and Crime (UNODC) officials said it was the first time coca planting had been discovered in the country. "It's a pretty troubling discovery," said UNODC Mexico representative Antonio Mazzitelli. It could amount to "a small-scale experiment to see if there is a possibility of replicating" coca production in Mexico. Coca is currently grown only in the Andes, although there is nothing stopping it from being cultivated elsewhere.

Saudi Arabia Beheads Another Drug Offender. Authorities in Saudi Arabia Tuesday beheaded a Pakistani national convicted of smuggling "a large quantity of heroin." They have executed at least seven other drug traffickers in recent weeks, and 49 people overall so far this year. It's unclear how many of the 49 were drug offenders.

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