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Drug War Chronicle #869 - January 15, 2015

1. DC Councilmembers File Bill to Tax and Regulate Marijuana

Congress voted to block DC from implementing marijuana legalization, but DC councilmembers are raring to go and have just filed a bill to tax and regulate the weed.

2. Medical Marijuana Update

The battle over a CBD medical marijuana bill is heating up in Georgia, the Florida medical marijuana initiative returns, California localities continue to deal with dispensary issues, and more.

3. This Week's Corrupt Cops Stories

A Massachusetts prosecutor swaps info for pain pills, more jail guards get in trouble, a Georgia cop gets busted for slinging Ecstasy, a San Antonio cop get nailed for stealing cash and weed from a couple, and more.

4. Chronicle AM: CA Tribe Will Grow Pot, Call for Asset Forfeiture Reform, KY Heroin Bill Moves, More (1/12/15)

A California tribe looks to be the first to grow marijuana, DC councilmembers move ahead with plans to tax and regulate pot, key congressional committee chairs call for asset forfeiture reform, an omnibus heroin bill is on the move in Kentucky, and more.

5. Chronicle AM: Flurry of Federal Drug Reform Bills, AZ Legalization Demo, Heroin ODs Up Sharply, More (1/13/15)

Marijuana legalization battles start to heat up in the states, a flurry of federal drug reform bills are filed, heroin overdose deaths are up sharply, Mexican cartels seem to be switching from pot to meth and heroin, and more.

6. Chronicle AM: DC Challenges Congress on Pot Legalization, ME Welfare Drug Test Plan Approved, More (1/14/15)

The District of Columbia is challenging Congress on marijuana legalization, Sens. Feinstein and Grassley complain about administration drug policy, a plethora of pot bills have bill filed in Oregon, and more.

DC Councilmembers File Bill to Tax and Regulate Marijuana

In a pointed message to the Congress, DC councilmembers last week introduced a bill that would tax and regulate marijuana sales in the nation's capital. The move comes despite passage of a federal spending bill that included an amendment barring the District from spending local or federal funds to implement such a law.

Last November, District voters overwhelmingly approved Initiative 71, which legalized the possession and cultivation of small amounts of marijuana, but not the regulated sale and taxation of it. That's because DC law forbids voter initiatives from addressing tax issues.

The city council, which already approved decriminalization last year, has been prepared all along to consider a taxation and regulation bill to turn Initiative 71 into full-blown legalization. And despite the move by some Republicans in Congress to try to erase November's District election results, the council is undeterred.

Councilmember David Grosso and three colleagues have introduced the Marijuana Legalization and Regulation Act of 2015 (B21-0023), which would create a framework for a legal marijuana industry, complete with licensed cultivators, product manufacturers, retail stores, and testing labs.

An earlier version of the bill, the Marijuana Legalization and Regulation Act of 2013, got as far as a public hearing in October, before the election. But it has now been superseded in part by Initiative 71 and by the new bill.

With Republicans now in control of both houses of Congress, efforts to quash the District's efforts to end pot prohibition are bound to continue -- even though even some Republicans are now leery of blocking the democratic expression of the will of District voters. But like the District's new mayor, Muriel Bowser, who is vowing to push ahead with Initiative 71, the DC council appears ready to take the fight wherever it leads.

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Medical Marijuana Update

The battle over a CBD medical marijuana bill is heating up in Georgia, the Florida medical marijuana initiative returns, California localities continue to deal with dispensary issues, and more. Let's get to it:

California

Last Friday, Kern County sued to shut down five more dispensaries. That's makes a least a dozen lawsuits filed against dispensaries by the county. Those hit this time are Genuine Empathy, Greenery Lounge, Organic Caregivers Center, Medical Alternative Supply House Corporation, and Platinum Wellness.

On Tuesday, the San Diego city council moved forward on dispensary applications. The council rejected appeals of a staff finding that dispensary applications are exempt from provisions of the state's Environmental Protection Act. This will allow some 40 permit applications to move forward, although it's unlikely more than a few will be granted. The city does not yet have a legal dispensary, but it has shut down dozens of unpermitted ones.

Also on Tuesday, the Vallejo city council voted to ban dispensaries, then voted to regulate them instead. The council first voted 5-2 to ban all dispensaries, then voted 4-3 not to. It then approved a measure to begin the process of regulating dispensaries. The city has about 30 dispensaries now operating, but only 12 are complying with tax and licensing requirements. It's unclear how many would be allowed under the regulation scheme, but one council member said the proper number was two.

Connecticut

On Wednesday,the medical marijuana program's Board of Physicians recommended expanding the list of qualifying medical conditions. The board voted to include sickle cell disease, chronic back pain after surgery, and severe psoriasis as qualifying conditions for medical marijuana, but not Tourette's Syndrome. The recommendations now go to the Consumer Protection Commissioner, who would then decide whether to accept the recommendation, then draft a new regulation that would go to another public hearing before going to the General Assembly's regulation-review committee for a final decision. It could take months or even years.

Florida

On Monday.the Florida medical marijuana initiative returned. Proponents of last year's failed medical marijuana initiative have filed a rewritten ballot measure aimed at 2016. "The language and the essence of the amendment is essentially the same," said John Morgan, the Orlando attorney who chairs People United for Medical Marijuana, and the chief financer of the legalization drive. "What I would say is that we have tweaked or clarified positions that were constantly brought up by our opposition to help us talk more freely about the real issue, which is the legalization of medical marijuana."

Georgia

Last Friday,a poll found that Georgians back allowing CBD cannabis oil. Some 84% of Georgians support the legalization of low-THC, high-CBD cannabis oils to treat medical conditions, according to a new Atlanta Journal-Constitution poll. The poll also found that when it came to legalizing marijuana for recreational use, Georgians were split almost evenly, with 49% saying legalize it and 48% saying don't.

On Monday,the fight over a CBD medical marijuana bill continued. Rep. Allen Peake (R-Macon) has said he will modify his CBD medical marijuana bill, House Bill 1, after Gov. Nathan Deal (R) objected to a provision that would allow production of the group in the state. That has supporters of the bill unhappy. They say that because federal law prohibits transporting medical marijuana between states, their medicine will remain out of reach if it cannot be grown in-state.

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

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This Week's Corrupt Cops Stories

A Massachusetts prosecutor swaps info for pain pills, more jail guards get in trouble, a Georgia cop gets busted for slinging Ecstasy, a San Antonio cop get nailed for stealing cash and weed from a couple, and more. Let's get to it:

In Americus, Georgia, a Sumter County jail guard was arrested January 2 for allegedly smuggling liquor, drugs, and weapons into the jail. Sgt. Anthony Bernard Walker, 49, is charged with violation of oath by public officer and giving inmates contraband without consent of the warden. He's now on paid suspension.

In Savannah, Georgia, a former Savannah-Chatham police officer was arrested last Tuesday on charges he was involved in an Ecstasy distribution ring. Derrick Andre Fullmer pleaded not guilty in federal court to conspiracy to possess and distribute Ecstasy. He is accused of being active in the ring while an officer in the department. He resigned in April while under investigation. At last report, he was being held on $25,000 bond. He's looking at up to 20 years in federal prison.

In Boston, a Middlesex Assistant DA was arrested last Thursday on charges he gave confidential information from his office in return for oxycodone. Stephen Gilpatric, 35, is accused of leaking a probation report, police reports, a photograph, and other identifying information about a man in exchange for the pills. He is also accused of accepting a $1500 bribe to help a woman get her son's commercial drivers' license reinstated. He is charged with unlawfully communicating criminal offender record information, receiving unlawful compensation, and unlawful gratuity. Prosecutors said Gilpatric was spending hundreds of dollars a week on his pill habit at the time of the events in 2011.

In San Antonio, a San Antonio police officer was arrested last Friday on charges he stole marijuana, thousands of dollars, and a rifle from a couple during a disturbance call. Officer Konrad Chatys, 32, was dispatched to a reported disturbance involving a man and a woman on New Year's Eve, and the couple reported that he took the cash, gun, and drugs before releasing them. A search of Chatys' home resulted in an arrest warrant for him. He is now on administrative leave.

In Lexington, Kentucky, a Blackburn County jail guard was arrested Monday for allegedly bringing small amounts of marijuana into the Blackburn Correctional Complex. David Michael Bailey, 26, went down in a random search when officers found weed, cell phones, and two pieces of paper with phone numbers on them in his lunch box. He is charged with promoting contraband.

In Titusville, Florida, a former Titusville police officer was convicted Wednesday of taking a bribe to be a look-out for what he thought were drug traffickers. Richard Irizarry, 45, had been arrested in March after a DEA sting. He had befriended a man who turned out to be a DEA informant and had offered to go into business with him dealing drugs. He was convicted of possession with the intent to distribute more than one kilo of cocaine and using a cell phone to commit a drug trafficking offense. He's looking at up to 40 years in federal prison.

In Buffalo, New York, a former Erie County sheriff's deputy was sentenced Tuesday to three months in jail for smuggling an ounce of weed and a cell phone into a county detention facility in August. Charles Hunt, Jr., 49, also admitted smuggling drugs into the jail on two other occasions in exchange for cash. A second former deputy, Eric Stevens, 33, was also arrested at the same time on the same charges. His case goes to court next month.

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Chronicle AM: CA Tribe Will Grow Pot, Call for Asset Forfeiture Reform, KY Heroin Bill Moves, More (1/12/15)

A California tribe looks to be the first to grow marijuana, DC councilmembers move ahead with plans to tax and regulate pot, key congressional committee chairs call for asset forfeiture reform, an omnibus heroin bill is on the move in Kentucky, and more. Let's get to it:

Key congressmen went to end the Justice Department's asset forfeiture sharing program. (flickr.com)
Marijuana Policy

Milwaukee Aldermen Want to Make Pot Ticket A $5 Fine or Less. If you get caught with marijuana in Milwaukee right now, you face a fine of between $250 and $500 -- and a trip to jail if you don't pay the fine. Two Aldermen think that's too much. Nik Kovac and Ashanti Hamilton are proposing lowering the fine to $5 or less. "We are effectively trying to eliminate any of these tickets," Kovac said, citing racial disparities in marijuana arrests. Although the city's black and white populations are roughly equal, five times as many black people were arrested for possession of marijuana last year as white people.

Half of Michiganders Support Marijuana Legalization. Michigan is evenly divided on marijuana legalization, with 50% saying they would support an initiative allowing possession by adults and taxable sales at state-regulated stores, and 46% saying they opposed such an idea. The figures come from a new poll conducted by EPIC-MRA of Lansing. A similar poll last year had support at 47%. The trend is upward, but the numbers aren't high enough to excite deep-pocketed potential initiative backers; the conventional wisdom is that initiatives should be polling at 60% or more when the campaign begins.

DC Councilmembers File Bill to Tax and Regulate Marijuana. In a pointed message to the Congress, DC councilmembers last week introduced a bill that would tax and regulate marijuana sales in the nation's capital. The move comes despite passage of a federal spending bill that included an amendment barring the District from spending local or federal funds to implement such a law. Councilmember David Grosso and three colleagues have introduced the Marijuana Legalization and Regulation Act of 2015 (B21-0023), which would create a framework for a legal marijuana industry, complete with licensed cultivators, product manufacturers, retail stores, and testing labs.

Washington State Legislators Face Plethora of Pot Bills. Voting to legalize marijuana in 2012 was not the end for marijuana policy at the state legislature, but a new beginning. This week, at least seven marijuana-related bills have been filed as the session gets underway. A pair of bills seeks to resolve the problems with the fit between recreational and medical marijuana, another bill would raise the excise tax, yet another addresses organ transplant eligibility, while another would bar open containers in moving vehicles. Click on the link for more details and all the bill numbers.

A Second Ohio Legalization Initiative Campaign Emerges. Ohioans to End Prohibition has become the second group to plan a 2016 legalization initiative in the Buckeye State. The group is finalizing language for its Cannabis Control Amendment within the next few weeks. Already out of the gate is Responsible Ohio, whose End Ohio Cannabis Prohibition Act (EOCPA) would set up 10 authorized marijuana growing locations around the state.

Northern California Tribe Could Be First to Grow Pot. The Pinoleville Pomo Nation in Mendocino County, California, said last Thursday it had signed a contract to grow thousands of marijuana plants on its 99-acre rancheria (reservation) north of Ukiah. The Justice Department recently gave the okay for marijuana operations on tribal lands, and it looks like the Pomos are first off the blocks.

Medical Marijuana

Florida Medical Marijuana Initiative is Back. Proponents of last year's failed medical marijuana initiative have filed a rewritten ballot measure aimed at 2016. "The language and the essence of the amendment is essentially the same," said John Morgan, the Orlando attorney who chairs People United for Medical Marijuana, and the chief financer of the legalization drive. "What I would say is that we have tweaked or clarified positions that were constantly brought up by our opposition to help us talk more freely about the real issue, which is the legalization of medical marijuana."

Poll Finds Georgians Back Allowing CBD Cannabis Oil. Some 84% of Georgians support the legalization of low-THC, high-CBD cannabis oils to treat medical conditions, according to a new Atlanta Journal-Constitution poll. The poll also found that when it came to legalizing marijuana for recreational use, Georgians were split almost evenly, with 49% saying legalize it and 48% saying don't.

Heroin

Kentucky Omnibus Heroin Bill Passes Senate. A multi-pronged bill designed to address the state's heroin problem passed the Senate in three days. The measure would increase treatment, prevention, and overdose prevention measures, but would also increase penalties for some heroin offenses. Democrats in the House said they will pass a similar measure, but probably without the mandatory minimum prison sentences approved in the Senate version.

International

Geneva Wants to Legalize the Marijuana Business. A year after Switzerland decriminalized pot possession, the canton on Geneva is thinking about legalizing the pot trade in a bid to undermine the black market. The canton's multi-party Advisory Commission on Addiction has urged the regional government to seek federal government approval of a pilot legalization program. The commission is recommending something akin to the Spanish model, where home cultivation is tolerated and private cannabis clubs offer smoking space and weed for sale to members.

Brazil Justice Minister Says No Marijuana Legalization. Justice Minister Jose Eduardo Cardozo said Sunday that Brazil has no intention of following neighboring Uruguay down the path of pot legalization. "Legalization of drugs is not a part of the government's plans," he said. While reform advocates have cited prison overcrowding as a reason to legalize pot, Cardozo said the answer to overcrowding is not to stop arresting marijuana offenders, but to build more prisons.

Chile Authorizes Second Medical Marijuana Grow. Government officials have given the okay to a Chilean concern to grow a medical marijuana crop, the second time such a crop has been approved in the country. Agrofuturo will begin industrial production at its facility in the city of Los Angeles, south of Santiago. In September, the government granted approval to the Daya Foundation to grow the country's -- and the continent's -- first legal medical marijuana crop.

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Chronicle AM: Flurry of Federal Drug Reform Bills, AZ Legalization Demo, Heroin ODs Up Sharply, More (1/13/15)

Marijuana legalization battles start to heat up in the states, a flurry of federal drug reform bills are filed, heroin overdose deaths are up sharply, Mexican cartels seem to be switching from pot to meth and heroin, and more. Let's get to it:

Marijuana Policy

Maine Legalization Foes Get Organized. Maine isn't going to legalize weed without a fight. Two groups with "grave concerns" about legalization kicked off a year-long campaign to "educate" Mainers about the dangers of the herb. The two groups are Smart Approaches to Marijuana Maine and the Maine Alliance to Prevent Substance Abuse. The move comes as Rep. Diane Russell (D-Portland) said she will reintroduce her perennial legalization bill, and as state activists work toward a legalization initiative in 2016.

Arizonans Rally to Protest Pot Prohibition, Call for Legalization. More than a hundred people gathered outside the state capitol in Phoenix Monday to urge marijuana law reforms. They were led by Safer Arizona, which says it will protest on the first day of the legislative session until marijuana is legal. A legalization bill will be before the legislature this year.

Medical Marijuana

Fight Over Georgia CBD Medical Marijuana Bill.Rep. Allen Peake (R-Macon) has said he will modify his CBD medical marijuana bill, House Bill 1, after Gov. Nathan Deal (R) objected to a provision that would allow production of the crop in the state. That has supporters of the bill unhappy. They say that because federal law prohibits transporting medical marijuana between states, their medicine will remain out of reach if it cannot be grown in-state.

Hemp

Federal Hemp Bill Reintroduced. Oregon Sens. Ron Wyden (D) and Jeff Merkley (D) and Kentucky Sens. Mitch McConnell (R) and Rand Paul (R) have re-filed their bill to amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The bill, SB 134, has been referred to the Senate Judiciary Committee.

Heroin

Heroin Overdose Deaths Jumped in 2013. The Centers for Disease Control and Prevention released data Monday showing that 8,257 people died of heroin-related deaths in 2013, up 39% from the 5,924 deaths the previous year. The number of overall drug overdose deaths also increased, to 43,982 in 2013 from 41,340 the year before. That's an overall increase of 6%.

LSD

First LSD Study in Decades Shows Promising Results. LSD can alleviate anxiety in terminally ill patients, according to the first clinical study of the drug in 40 years. The research was sponsored by the Multidisciplinary Associations for Psychedelic Studies (MAPS). The research results were published here.

Criminal Justice

Houston Congresswoman Files Trio of Criminal Justice Reform Bills. Rep. Sheila Jackson Lee (D-TX) has filed several criminal justice reform bills: HR 46 would increase the evidentiary standard required to convict someone for a drug offense and require screening of police participating in drug task forces; HR 51 would provide for collection of data on racial profiling in traffic stops; and HR 71 would provide earlier releases for certain nonviolent offenders.

Asset Forfeiture

Federal Medical Marijuana Asset Forfeiture Reform Bill Filed. Rep. Barbara Lee (D-CA) has filed HR 262, which would amend the Controlled Substances Act to exempt from civil forfeiture real property seized because of medical marijuana-related conduct in states where it is legal. The bill currently has no cosponsors.

Drug Testing

Wisconsin Group Delivers Urine Specimen Cups to Legislators in Welfare Drug Test Protest. The Wisconsin chapter of the National Organization for Women (NOW) protested Gov. Scott Walker's (R) plan to impose drug testing on welfare recipients Monday by delivering urine sample cups -- unused -- to the offices of Republican legislators. The group says the plan won't achieve anything except demonizing the poor and that it may be unconstitutional.

International

Mexican Drug Traffickers Switching to Meth and Heroin. Marijuana legalization and decriminalization north of the border is having an impact south of the border, if US drug seizures are any indication. The amount of marijuana seized by state, local, and federal law enforcement has dropped 37% since 2011, while heroin seizures have increased three-fold and meth seizures have increased five-fold. Farmers in Mexico have reported switching from marijuana to opium in response to market trends.

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Chronicle AM: DC Challenges Congress on Pot Legalization, ME Welfare Drug Test Plan Approved, More (1/14/15)

The District of Columbia is challenging Congress on marijuana legalization, Sens. Feinstein and Grassley complain about administration drug policy, a plethora of pot bills have bill filed in Oregon, and more. Let's get to it:

Marijuana Policy

DC Sends Legalization Measure to Congress. DC Council Chairman Phil Mendelson (D) Tuesday sent to Congress the District's voter-approved Initiative 71 legalization measure, in effect challenging the body to either block it or let it stand. Mendelson's move starts a 30-day clock during which time Congress must act or the measure becomes law. In December, Congress voted to block funds to implement the measure, but DC maintains that that move does not stop the District from enacting it. Stay tuned.

Anchorage Mayor Wants to Ban Public Consumption. Mayor Dan Sullivan has proposed an ordinance that would ban pot use in public places. But his plan is running into opposition, with opponents claiming it is too broad. Click on the link for more details.

Oregon Legislature Sees a Bundle of Marijuana Bills. You'd think legalizing marijuana would quiet the issue at the statehouse, but you would be wrong. At least 16 marijuana-related bills were introduced Monday, ranging from limits on physician prescribing to limitations on retail sales locations to warnings to pregnant women, and more. Click on the link for a fuller rundown.

Medical Marijuana

Connecticut Medical Marijuana Program Recommends Expanding List of Qualifying Conditions. The state's Medical Marijuana Program Board of Physicians voted today to include sickle cell disease, chronic back pain after surgery, and severe psoriasis as qualifying conditions for medical marijuana, but not Tourette's Syndrome. The recommendations now go to the Consumer Protection Commissioner, who would then decide whether to accept the recommendation, then draft a new regulation that would go to another public hearing before going to the General Assembly's regulation-review committee for a final decision. It could take months or even years.

Drug Policy

Senators Feinstein and Grassley Criticize Obama's Policy on International Drug Control Treaties. Senate octogenarians Dianne Feinstein (D-CA) and Charles Grassley (R-IA) have teamed up to express their dismay over the Obama administration's "flexible interpretation" of UN drug control treaties and their concern over whether allowing states to legalize marijuana puts the US in conflict with the treaties. They sent one letter to Secretary of State John Kerry and another letter to Attorney General Eric Holder. The co-chairs of the Senate Caucus on International Narcotics Control complained that administration forbearance in the face of state-level legalization could let states "implement policies that legalize other, even more harmful drugs, without recourse" and that administration approaches to the issue may "weaken US standing as an international leader on drug control issues."

Drug Testing

Maine Governor Gets Go-Ahead for Welfare Drug Testing. Gov. Paul LePage's (R) plan to begin drug testing some welfare applicants has won final approval from the state attorney general, his office said Tuesday. The state will begin drug-testing convicted drug felons who are applying for or receiving welfare benefits. Those who fail will lose benefits unless they enroll in a drug treatment program. Civil rights and poverty activist groups have criticized the measure as an intrusion on privacy and an attack on poor people.

Harm Reduction

Tennessee Cops Now Carrying Overdose Reversal Drug. Police in the Volunteer State are now beginning to carry the overdose reversal drug naloxone in a bid to reduce overdose deaths. The first training seminars for law enforcement personnel began last Friday. The move comes after the legislature last year passed a law allowing for broader distribution of the drug, including law enforcement and emergency medical personnel.

International

Walid Jumblatt Again Calls for Lebanese Hash Legalization, Cites Terror Fight. Senior Druse leader and Lebanese MP Walid Jumblatt has reiterated his call to legalize the hash trade in the country and he has tied it the country's fight against terrorism. The government needs to increase security and stability in the Bekaa Valley, a leading hash cultivation area, he said. "The treatment cannot be a security one only, but it should be backed by development (projects), and thus I still believe that the cultivation of hashish should be legalized because the theory of alternative crops has failed," Jumblatt said.

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