Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Five Drug War Killings in Four Days

Five people have been killed by police doing drug related enforcement operations in four days. They become the 3rd, 4th, 5th, 6th, and 7th persons to die in US domestic drug law enforcement operations so far this year.

In South Hanover Township, Pennsylvania, police shot and killed heroin user David Kassick, 59, Monday after a traffic stop turned into a chase and "altercation." According to PennLive, citing police sources, Hummelstown Police Officer Lisa Mearkle attempted to pull over Kassick's vehicle for an expired inspection sticker, but Kassick first drove away, then got out of his car and fled.

"An altercation ensued between (Mearkle) and (Kassick), shots were fired at the scene and (Kassick) succumbed to those injuries," according to a search warrant police obtained to search his car for drugs and drug paraphernalia.

The warrant does not provide details of the "altercation," nor does it say whether Kassick was armed.

A hypodermic needle was found beside Kassick's body, and a spoon with residue "known to be drug paraphernalia" and some Suboxone strips were found on his body. His brother told police that Kassick "had a known heroin addiction and related that he had relapsed approximately two weeks ago," the search warrant stated.

Kassick had a history of drug-related criminal convictions and had spent time in federal prison for heroin dealing a decade ago.

State police are conducting an investigation into the shooting, and Dauphin County DA Ed Marsico will then decide whether the use of deadly force was justified.

In Tempe, Arizona, police shot and killed two men Wednesday, one of whom was wanted for a probation violation on drug charges. The other was a man traveling with him.

According to ABC 15 News, citing police sources, a US Marshals task force was attempting to take Salvador Muna into custody when he hopped into a vehicle driven by his friend, Joaquin Hernandez, and fled. Police executed a maneuver to pin the vehicle and said Muna then pulled out a weapon and pointed it at officers.

Four officers, one from Chandler, one from Tempe, and two from Mesa then opened fire. Witnesses reported hearing at least six shots.

Muna was pronounced dead at the scene. The driver, Hernandez, was also wounded. Police said he was "hurt in the crossfire," but it is unclear if Muna ever actually fired his weapon. Hernandez died a short time later at a local hospital.

In Orlando, Florida, undercover narcotics officers shot and killed one man at an apartment complex and took another into custody Wednesday night.

According to WKMG Local 6 News, undercover narcs Yong Hall and Amanda White approached two men at the complex as they were following up on an unrelated case. "There was a confrontation" that led to the officers shooting and killing one man, identified as Izzy Colon, and taking a second man, Ricardo Caban, into custody on charges of reckless display of a firearm and possession of a firearm charges.

The Orlando Sentinel had a bit more detail. It quoted police as saying the two officers were in plainclothes working the drug detail when they heard gunfire at the apartment complex. They took cover behind cars in the parking lot and shortly saw Colon, 37, and Caban, 34, coming toward them.

When Officers White and Hall confronted the two men, Caban immediately dropped his gun, laid on the ground, and surrendered. But Colon "refused to surrender and his actions caused Detective Hall to fire his weapon," Caban's arrest report said.

Police did not specify exactly what action caused Hall to shoot Colon. They did say that both Caban and Colon were armed.

Colon's family told WKMG Local 6 that he was not armed. "My brother was not playing with guns -- that's not true," one family member said.

In Calimesa, California, a Riverside County Sheriff's deputy shot and killed a man engaged in "illegal narcotics activity" Thursday evening.

According to NBC Los Angeles, citing police sources, believing they were seeing a drug deal in progress, deputies approached two men standing next to a vehicle. One of the men immediately followed deputies' demands and was detained.

The other man then allegedly removed a hand gun from his pocket and was then shot and killed. He was pronounced dead at the scene.

The Yucaipa/Calimesa News Mirror identified the dead man as John Sawyer, 36, of Yucaipa.

The newspaper also reported that the hand gun police saw was actually a replica hand gun and that there was an SKS-style assault rifle in the vehicle. There was no mention of whether any drugs were found.

Chronicle AM: NM MJ Legalization Bill Dead, Fed Crackdown on Drug Courts, More (2/6/15)

State legislatures are keeping us busy with lots of drug-related bills, New York's attorney general gets a deal on naloxone pricing, the feds will crack down on drug courts that don't allow opiate maintenance, and more. Let's get to it:

Drug courts will have to get on board with opiate maintenance if they want to keep their federal funding. (henrico.us)
Marijuana Policy

New Mexico Legalization Bill Killed. The House Agriculture and Wildlife Committee voted 7-1 to table House Bill 160, which would have legalized marijuana and allowed for regulated and taxed sales. Opponents said it would lead to more drug use on the job and impair public safety.

Medical Marijuana

Virginia CBD Bill Passes Senate. The Senate voted Thursday to approve Senate Bill 1235, which would allow patients with epilepsy to use CBD cannabis oil to control their seizures. The measure passed 37-1. A similar bill has already passed out of committee in the House and awaits a floor vote.

Hemp

Federal Industrial Hemp Act Picks Up New Sponsors. The bill, HR 525, would remove hemp from the definition of marijuana under the Controlled Substances Act. The bill now has 52 cosponsors -- 34 Democrats and 18 Republicans. The newest are Rep. Ed Whitfield (R-KY) and Rep. Mark Sanford (R-SC).

New Synthetics

New Hampshire Bill to Ban Synthetic Drugs Wins Committee Vote. The Senate Commerce Committee unanimously approved Senate Bill 106, which would restrict the sale and possession of all synthetic drugs. The bill would give the Department of Health and Human Services the ability to "add, delete, or otherwise revise" the list of substances included in the law and set a $500 fine for businesses caught distributing the drugs.

Asset Forfeiture

House Subcommittee to Hold Hearing on Federal Asset Forfeiture Next Week. The House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations will hold a hearing on federal asset forfeiture uses and reforms. The hearing is set for next Wednesday at 10:00am.

Colorado Asset Forfeiture Reform Bill Vote Stalled. A bill that would require a criminal conviction before asset forfeiture could take place has been stalled. Senate Bill 6 was supposed to have a committee hearing this week, but the hearing has been delayed, with no make-up date announced.

Harm Reduction

New York Attorney General Gets Deal to Reduce Price of Overdose Reversal Drug. State Attorney General Eric Schneiderman has reached an agreement with Amphastar Pharmaceuticals that will result in cheaper prices for the company's formulation of naloxone, which can reverse opiate overdoses. The company nearly doubled the price of the drug last fall as demand rose, giving rise to a chorus of complaints. The deal would give New York state naloxone buyers a $6 per dose rebate. But the company had increased the price of the drug by about $20 per dose.

Drug Testing

Wisconsin Governor Narrows Public Benefits Drug Testing Proposal. Gov. Scott Walker (R) no longer plans to require drug screening and possible drug testing for all public benefits recipients; instead, now only childless adults will face the screening.

Law Enforcement

Feds to Crack Down on Drug Courts That Don't Allow Opiate Maintenance. Acting drug czar Michael Botticelli said during confirmation hearings Thursday that drug courts receiving federal funds will no longer be allowed to deny opiate addicts access to opiate maintenance treatments such as suboxone. Click on the link for more details.

International

New Cartel Violence in Matamoros Sends Newspaper Editor Fleeing to Texas. At least 15 people have been killed in the past week in confrontations between drug trafficking factions in Tamaulipas state, across the border from South Texas. And a newspaper editor from Matamoros has fled to Texas after being threatened upon publishing reports of a shootout that left nine people dead. Enrique Juarez Torres, editor of El Manana, said he had been kidnapped, beaten, and threatened with death for his reporting. The Thursday edition of the newspaper carried no news of his kidnapping or any other reports on cartel activity.

Laos Vows Crackdown on Drugs; Will Target Addicts as Well as Traffickers. Laotian security officials say they will be going after important drug rings and street dealers, but also drug users. "We're targeting the buyers, sellers, and consumers," a security official said. Laos has already ratcheted up drug law enforcement, with drug arrests up five-fold in 2014 over 2013. The moves come as opium production continues in the country and next door in Myanmar.

Chronicle AM: More Pot Bills, Asset Forfeiture Action, Silk Road Conviction, Peru Coca "No Fly Zone," More (2/5/15)

The marijuana reform bills keep on coming, Oregon activists fight to protect legalization there, the feds get a conviction in the Silk Road case, there's news on the asset forfeiture front, and more. Let's get to it:

This message appeared when the feds busted Silk Road.
Marijuana Policy

New Approach Oregon to Fight to Defend Marijuana Legalization Law. The group that successfully managed the Measure 91 campaign to free the weed is now mobilizing to ensure that the legislature doesn't undo the will of the voters. The move comes as legislators contemplate various bills that would modify the initiative, including allowing localities to ban marijuana businesses. "We want a marijuana policy that reflects the will of the people," said Anthony Johnson, chief petitioner for Measure 91. "Instead of making major changes, the state first needs to get the basics of implementation right -- like childproofing, labeling, testing, packaging, auditing, inspecting, taxing, licensing and background checks."

Massachusetts Legalization Bill Filed. Rep. Dave Rogers (D-Cambridge) and at least 10 other legislators have introduced a bill to legalize marijuana for adults 21 and over and allow for marijuana commerce in the Bay State. The measure has not yet been assigned a bill number and is currently known as House Docket 3436, the "Cannabis Regulation and Tax Act of 2016."

Illinois Limited Legalization Bill Filed. State Sen. Michael Noland (D-Elgin) has introduced a bill that would legalize the possession of up to 30 grams of marijuana and the cultivation of up to five plants, but which would not allow for legal marijuana commerce. The measure is Senate Bill 753. A decriminalization bill, House Bill 218, was filed days earlier in the House.

Connecticut Legalization Bill Filed. House Deputy Majority Leader Rep. Juan Candelaria has filed a bill to "allow marijuana use for persons twenty-one years of age and older, and to regulate the sale, possession, use and growth of marijuana." That's all the bill says at this point. The measure is House Bill 6703. A bill introduced last month, House Bill 6473, would decriminalize it.

Medical Marijuana

Five Hawaii Bills to Get Hearing Saturday. The House Committee on the Judiciary and Committee on Health will hear five medical marijuana-related bills, including one that establishes dispensaries, one that allows patients to transfer marijuana to other patients and caregivers and increases quantity amounts, one that allows doctors to determine which medical conditions qualify, one that bars employers from punishing employees who are patients for a failed marijuana drug test, and one that bans infusing trademarked products with marijuana. Click on the link for bill and hearing details.

Virginia CBD Medical Marijuana Bill Passes Senate. The state Senate this afternoon approved Senate Bill 1235, which would allow for the use of high-CBD cannabis oil. A similar bill is before the House of Delegates.

Asset Forfeiture

New Institute of Justice Report on Civil Asset Forfeiture. The report is Seize First, Question Later: The IRS and Civil Forfeiture. "Federal civil forfeiture laws give the Internal Revenue Service the power to clean out bank accounts without charging their owners with any crime. Making matters worse, the IRS considers a series of cash deposits or withdrawals below $10,000 enough evidence of "structuring" to take the money, without any other evidence of wrongdoing. Structuring -- depositing or withdrawing smaller amounts to evade a federal law that requires banks to report transactions larger than $10,000 to the federal government -- is illegal, but more importantly, structured funds are also subject to civil forfeiture," says the report's executive summary.

Colorado Civil Asset Forfeiture Reform Bill Filed. State Sen. Laura Woods (R-Arvada) has filed House Bill 006, which would require a criminal conviction before civil asset forfeiture could take place. "I was spurred by complaints from citizens who are watching what's going on across the country. As there is more policing-for-profit and seizing-for-salaries -- as they say -- they were contacting me with concerns," Woods said. The bill would also set a $50,000 threshold for local law enforcement to be able to turn seizures over to the federal government in a bid to "de-incentivize" that practice.

Virginia Civil Asset Forfeiture Reform Bill Passes House. A bill that would require a criminal conviction before civil asset forfeiture can be undertaken passed the House of Delegates yesterday. The vote was an overwhelming 92-6. The measure, House Bill 1287, now goes to the Senate.

Harm Reduction

International Harm Reduction Conference 2015 Set for Malaysia in October. Click on the link for more details and registration information. There's a call for papers, but that ends March 27.

Drug Testing

Texas Food Stamp Drug Testing Bills Filed. State Sen. Jane Nelson (R-Flower Mound) has filed Senate Bill 54 and Rep. Ken King (R-Canadian) has filed House Bill 352. Both bills would require food stamp applicants to be screened for possible drug use, with those deemed likely drug users made to take and pass a drug test.

Law Enforcement

Silk Road Dark Web Drug Marketplace Operator Found Guilty. A federal jury in New York City Wednesday convicted Ross Ulbricht on federal drug trafficking charges for operating the Silk Road web site, where hundreds of millions of dollars worth of illegal drugs and other goods were sold. He is now looking at up to life in prison. Meanwhile, other dark web drug marketplaces continue to spring up.

International

Peru Declares "No-Fly Zone" Over Major Coca-Growing Region. Civilian aircraft are now barred from flying over the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM), Peru's largest and most lawless coca-producing region, without prior military approval. The government of President Ollanta Humala took the step in a bid to stop a growing number of small planes from smuggling cocaine to neighboring countries. The move brings Peru one step closer to reinstituting a policy of shooting down unauthorized airplane flights. That policy ended in 2001, when the military accidentally shot down a plane that wasn't carrying drugs, killing a US missionary and her baby.

Medical Marijuana Update

Busy, busy. A federal medical marijuana bill is filed, and so are many more in the states. Also, the Surgeon General has something to say, Oregon bars patients from being caregivers, Maine says medical marijuana can make parents unfit, and more. Let's get to it:

Federal

On Monday, a federal appeals court questioned attempts to shut down an Oakland dispensary. A three-judge panel of the 9th US Circuit Court of Appeals in San Francisco today challenged federal prosecutors over their attempt to shut down Oakland's Harborside dispensary. The judges wanted to know why the effort was continuing given recent policy pronouncements from the Justice Department that it would not go after dispensaries where they are legal.

On Tuesday, a bill to allow VA docs to to recommend medical marijuana was filed. US Rep. Earl Blumenauer (D-OR) and 16 bipartisan cosponsors have introduced a bill that would allow Veterans Affairs (VA) physicians to discuss and recommend medical marijuana to their patients, a right enjoyed by physicians outside of the VA system. The Veterans Equal Access Act is not yet available on the congressional web site.

On Wednesday, the US Surgeon General said medical marijuana can help some patients. In an interview on "CBS This Morning," US Surgeon General Vivek Murthy said the medical effectiveness of marijuana had to be shown scientifically and much more information about it was coming. "We have some preliminary data showing that for certain medical conditions and symptoms, marijuana can be helpful," said Murthy. "I think we have to use that data to drive policymaking, and I'm very interested to see where that data takes us."

California

Last Thursday, San Diego's first permitted dispensary won final approval. The A Green Alternative dispensary won a final okay from the Planning Commission. It will become the first permitted dispensary to operate in the city since the state passed Prop 215 in 1996. Three other dispensaries are expected to be approved in March.

On Wednesday, a federal judge upheld most patient claims in a lawsuit against Lake County. Patients filed suit after plant seizures last year. The county argued that officers could enter a property without a warrant to cut down plants because they use a lot of water and the state is in a drought, but the court rejected that argument.

On Tuesday, a lawsuit challenging Butte County cultivation restrictions was filed. The county's Measure A, which was approved by voters in November, restricts the size of gardens but not the number of plants. Plaintiffs argue that it prevents them from growing the marijuana necessary to treat their conditions.

On Tuesday, the Anaheim city council toughened its prohibition on dispensaries. The council passed a revised ordinance that now threatens landlords who rent to dispensaries with up to a year in jail and a $2,500 a day fine.

Colorado

On Tuesday, a bill to allow a continued medical marijuana system passed the state Senate. The bill would allow residents with medical marijuana cards to continue to use dispensaries until at least 2019. That means people with cards could continue to buy marijuana for a lower price than in the adult retail market because medical marijuana has lower taxes. The bill is Senate Bill 115, sponsored by Sen. Owen Hill (R- Colorado Springs).

Connecticut

On Monday, a state commissioner agreed to expand the list of qualifying ailments. Consumer Protection Commissioner Jonathan Harris said this morning that he will follow the recommendation of the program's Board of Physicians and is drafting new regulations to include sickle cell disease, post-surgical back pain with a condition called chronic radiculopathy, and severe psoriasis and psoriatic arthritis to the list of qualifying conditions. But that's not the end of it. Now, the proposal must be approved by the state attorney general and then by the General Assembly's Regulation Review Committee. A vote there could come by spring.

Florida

On Saturday, Florida sheriffs objected to a pending medical marijuana billl. The Florida Sheriffs Association has come out against Senate Bill 528 while meeting at their winter conference in Tallahassee. The sheriffs, with all their medical expertise, say that "smoked marijuana is not medicine" and list the medical conditions for which medical marijuana can be used. They have other demands, too; click on the link to read their press release.

On Tuesday, a new poll had medical marijuana doing well. A new Gravis Insights poll has support for medical marijuana at 64% in the Sunshine State. The poll comes as the legislature prepares to take up a medical marijuana bill, Senate Bill 528, and with the prospect of another initiative in 2016 looming. Last year's medical marijuana initiative won 57% of the vote, but was defeated because, as a constitutional amendment, it needed 60% of the vote to pass.

Illinois

On Monday, the state issued medical marijuana licenses. Gov. Bruce Rauner (R) Monday issued medical marijuana licenses and permits to qualifying growers and sellers. The move came after former Gov. Pat Quinn (D) failed to act on the permits before his term expired. See the full list of licenses and permits here.

Maine

Last Friday, the state's high court ruled that using medical marijuana can make parents unfit. The Maine Supreme Judicial Court has ruled in a child custody case that even though medical marijuana is legal in the state, its use can make a person an unfit parent. "Determining what is in the best interest of the child necessarily involves considering whether a parent's ability to care for his or her child is impaired, including by his or her marijuana use. As with any medication or substance, the question of whether a parent's ingestion of marijuana is legal is only part of the equation. The more important question is whether that ingestion negatively affects, limits or impairs a parent's capacity to parent his or her child," Chief Justice Leigh Saufley wrote in the eight-page decision. The case is Daggett v. Sternick.

Mississippi

On Monday, a medical marijuana bill was filed. State Sen. Deborah Dawkins (D-District 48) has filed Senate Bill 2318, which would allow patients with specified conditions to use medical marijuana. The bill doesn't envision dispensaries, but would allow patients to grow their own with a physician's recommendation.

Missouri

On Monday, a medical marijuana bill was filed. Rep. Dave Hinson (R-St. Clair) has filed a full-fledged medical marijuana bill. The bill would allow patients to possess up to 2.5 ounces and would require that the medicine be grown in the state. The measure is House Bill 800.

North Dakota

On Tuesday, a medical marijuana bill was filed. Rep. Pamela Anderson (D-Fargo) has introduced House Bill 1430, which would allow patients with qualifying conditions to use medical marijuana. But there is a big loophole. Patients could also qualify if they suffer "any persistent or chronic illness or condition... if the illness or condition may be improved by the use of marijuana."

Ohio

On Tuesday, a CBD medical marijuana bill was filed. Rep. Wes Retherford (R-Hamilton) has filed House Bill 33, which would allow doctors to prescribe high-CBD, low-THC cannabis oil to treat seizure disorders. The bill would make the oil available at a limited number of hospitals in the state.

Oregon

Last Friday, the state barred medical marijuana patients from being child care providers. The state Early Learning Council has voted to bar patients from being child care providers. The decision follows a six-month temporary rule that was issued last August and gave patients an ultimatum: your patient card or your child care business.

Tennessee

On Monday, a low-THC cannabis oil bill was filed. State Rep. Jeremy Faison (R-District 11) today introduced House Bill 197, which would allow the use of cannabis oil with less than 0.9% THC for medical purposes.

Virginia

On Monday, a CBD medical marijuana bill won a committee vote. A bill that would allow epilepsy patients to use low-THC, high-CBD medical marijuana won a committee vote Monday. Senate Bill 1235 passed the Senate Courts of Justice Committee on an 11-2 vote.

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

This Week's Corrupt Cops Stories

What a busy week! Jail guards get arrested all over the place, an Illinois narcotics unit commander gets busted for drunk driving, a Seattle cop gets investigated for stealing weed, a Texas cop gets popped for selling fake weed at his store, a dirty Philadelphia cop heads for prison, and more. Let's get to it:

In Seattle, a Seattle police officer was being investigated Saturday for allegedly stealing marijuana from the evidence room to use with her lesbian lover. Officer Cynthia Whitlatch came under scrutiny after arresting an elderly black man for carrying a golf club that he used as a cane (and had done so for years). In the wake of publicity around that incident, a woman came forward to say she was Whitlatch's ex-girlfriend and that the two had smoked the marijuana at home after Whitlatch stole it in the spring of 2005.

In Raymondville, Texas, an Edinburg police officer was arrested last Monday for selling synthetic marijuana at his Raymondville store. Officer Michael Anthony Moreno, 32, was arrested after officers found 21 pounds of the fake pot at his store. Police acted on a citizen's complaint that he was selling the stuff. He is charged with possession of a controlled substance in a drug-free zone and delivery of a controlled substance in a drug-free zone. He has been suspended without pay.

In Suffolk, Virginia, a guard at the Western Tidewater Regional Jail was arrested last Thursday after it was discovered that he was smuggling marijuana to an inmate. Michael Williams went down after authorities received a tip. He is charged with Accomodation/Distribution of Marijuana to an Inmate. He's out on $5,000 bond.

In Jackson, Mississippi, a Jackson Detention Center guard was arrested last Thursday on charges he tried to smuggle contraband into the jail. Anthony Ware, 30, went down after arriving at work with "a strong odor" and was subsequently searched. Guards found marijuana, amphetamines and other controlled substances on him, as well as cigarettes and condoms. He is charged with possession of marijuana with the intent to distribute, possession of amphetamines and other controlled substances with the intent to distribute and the introduction of contraband into a correctional facility.

In Crown Point, Illinois, the head of the Lake County Sheriff's Department drug unit was arrested Sunday after he struck two cars on Main Street and then left the scene. Commander David Britton, 46, was busted with a blood alcohol content of 0.24%, three times the legal limit. He was reportedly driving at a high rate of speed in snowy conditions when he attempted to pass a car, but instead struck it. He then hit the front side of another car waiting at a traffic light. He then drove away, but was arrested nearby.

In Plainfield, Indiana, a Plainfield jail guard was arrested Monday on charges he smuggled drugs to an inmate. Ryan Daniels, 22, went down after investigators received a tip that he would be bringing heroin and tobacco into the jail. During an interview, he admitted smuggling drugs into the jail and produced a package he had taped between his legs. It contained marijuana, synthetic marijuana, and heroin. He is charged with trafficking with an inmate and dealing in a synthetic drug.

In Denver, a former Walsenburg police officer was sentenced last Wednesday to five years in federal prison for helping hide her ex-husband's stash of cash and heroin after he was arrested by police in Pueblo. Gloria Suazo pleaded guilty to charges of aiding and abetting the possession with intent to distribute heroin. She still faces unrelated charges of selling crack cocaine in Pueblo.

In Philadelphia, a former narcotics officer was sentenced last Wednesday to more than 17 years in federal prison for stealing money and selling drugs in and out of uniform. Jonathan Garcia, 24, stole more than $4,000 from drug suspects, then filed fake paperwork to hide his activities. He and his partner, Sydemy Joanis, ripped off at least five drug dealers between April 2010 and June 2012. He was also selling heroin, including while he was on duty and sometimes right across the street from the 17th Police District Headquarters.

In Honolulu, a Coast Guard officer was convicted and sentenced last Thursday to three years in the brig for a variety of drug and other offenses. Ensign Johnson Cox was found guilty of possession and distribution of multiple controlled substances, cruelty and maltreatment toward a subordinate, assault, absence without leave, failure to obey an order and dereliction of duty.

In San Diego, two married San Diego police officers were sentenced last Friday to three years in state prison after being convicted of drug and burglary charges. Bryce Charpentier, 32, and his wife Jennifer, 41, pleaded guilty to distributing drugs, stealing prescription medications from Jennifer's mother, and burglarizing a home while on duty.

Chronicle AM: Fed Sentencing Reform Bill Refiled, CT Governor Calls for Drug Defelonization, More (2/4/15)

There's Florida medical marijuana news, the federal Justice Safety Valve Act is reintroduced, Connecticut's governor wants to defelonize drug possession, an Oregon bill would let localities opt out of legal marijuana commerce, and more. Let's get to it:

At both the federal and the state level, efforts to reduce the prison population are underway. (nadcp.org)
Marijuana Policy

Oregon Bill That Would Let Localities Ban Pot Businesses Filed. A bill that would repeal parts of the Measure 91 legalization initiative to give local governments the power to regulate or prohibit marijuana businesses was filed Monday. The bill is Senate Bill 542. It is part of a package of bills before the Senate Implementing Measure 91 Committee.

Medical Marijuana

Colorado Bill to Allow Continued Medical Marijuana System Passes Senate. The bill would allow residents with medical marijuana cards to continue to use dispensaries until at least 2019. That means people with cards could continue to buy marijuana for a lower price than in the adult retail market because medical marijuana has lower taxes. The bill is Senate Bill 115, sponsored by Sen. Owen Hill (R- Colorado Springs).

Florida Poll Has Medical Marijuana Doing Well. A new Gravis Insights poll has support for medical marijuana at 64% in the Sunshine State. The poll comes as the legislature prepares to take up a medical marijuana bill, Senate Bill 528, and with the prospect of another initiative in 2016 looming. Last year's medical marijuana initiative won 57% of the vote, but was defeated because, as a constitutional amendment, it needed 60% of the vote to pass.

Florida Sheriffs Object to Medical Marijuana Bill. The Florida Sheriffs Association has come out against Senate Bill 528 while meeting at their winter conference in Tallahassee. The sheriffs, with all their medical expertise, say that "smoked marijuana is not medicine" and list the medical conditions for which medical marijuana can be used. They have other demands, too; click on the link to read their press release.

Ohio CBD Medical Marijuana Bill Filed. Rep. Wes Retherford (R-Hamilton) has filed House Bill 33, which would allow doctors to prescribe high-CBD, low-THC cannabis oil to treat seizure disorders. The bill would make the oil available at a limited number of hospitals in the state.

New Synthetics

Indiana Bill Seeks to Punish New Synthetics Like Other Drugs. After the Court of Appeals threw out the state's law banning synthetic drugs as overly broad and too complicated to be unconstitutional, lawmakers are responding by filing a bill that would increase the penalties for "dealing in a counterfeit substance if the person represents the substance to be cocaine, methamphetamine, LSD or a schedule I or II narcotic drug." The bill is Senate Bill 278, sponsored by state Sens. Jim Merritt (R-Indianapolis) and Randall Head (R-Logansport).

Drug Testing

Wisconsin Governor Makes it Official -- He Wants to Drug Test Public Benefits Recipients. Gov. Scott Walker (R) unveiled his budget proposal Tuesday, and it includes plans to require drug testing for those seeking a variety of public benefits. Walker would drug test not only people seeking food stamps, but also people seeking unemployment payments and people seeking Medicaid.

Sentencing

Federal Justice Safety Valve Act Reintroduced. A bipartisan group of legislators has reintroduced Senate Bill 353 (the House version is HR 706), the Justice Safety Valve Act. The Senate bill was filed by Sens. Rand Paul (R-KY) and Patrick Leahy (D-VT); the House version was filed by Reps. Thomas Massie (R-KY) and Bobby Scott (D-VA). The bill would give federal judges the ability to impose sentences below mandatory minimums in appropriate cases based upon mitigating factors.

Federal Drug Manufacturing Sentencing Enhancement Bill Filed. Sen. Orrin Hatch (R-UT) Tuesday filed Senate Bill 348, which would "impose enhanced penalties for conduct relating to unlawful production of a controlled substance on Federal property or... while intentionally trespassing on the property of another that causes environmental damage." That language is from the bill summary; the actual text is not yet available.

Connecticut Governor Calls for Drug Defelonization. Gov. Dannell Malloy Tuesday proposed rewriting the state's criminal law to make all simple drug possession arrests misdemeanors. Possession with intent to distribute would not be included. He would also eliminate mandatory minimum sentences for drug offenses and expand the state's pardon system. Under current state law, all drug possession arrests except for small amounts of marijuana are felonies, with sentences of up to seven years.

International

Senior British Cop Says Give Addicts Free Heroin. Mike Barton, chief constable for Durham, has called for an end to arresting heroin addicts and said it would be better to supply addicts with pharmaceutical heroin in a controlled setting. Targeting drug users is counterproductive, he said. "Their entrapment in criminal justice is a waste of police time and the state's money and dissuades addicts from revealing themselves for treatment for fear of criminal consequences," Barton said.

Chronicle AM: More Decrim & MedMJ Bills, Obama Budget Lets DC Legalize, WI Drug Test Opposition, More (2/3/15)

The president's budget adds one word that allows DC to move ahead with legalization, the marijuana and medical marijuana bills keep coming, hemp is coming to Oregon (get your permits now!), opposition is mounting to public aid benefits drug testing in Wisconsin, and more. Let's get to it:

Wisconsin Gov. Scott Walker's plan to impose drug testing on public aid benificiaries is drawing opposition. (wi.gov)
Marijuana Policy

Obama Budget Leaves DC Free to Legalize. Tucked inside the president's just-released 2016 budget proposal is a subtle language change that would let DC legalize and regulate marijuana sales any way it sees fit. It does so by adding a single word. The Obama budget bars the use of any federal funds, while the congressional budget language bars the use of funds. By adding the word "federal," the Obama budget language leaves DC free to use its own funds to implement the legalization measure approved by voters in November.

Illinois Decriminalization Bill Filed. Rep. Kelly Cassidy (D-Chicago) has introduced a bill that would decriminalize the possession of up to 30 grams of marijuana, with violators paying a fine of no more than $100. The measure is House Bill 218.

Maryland Paraphernalia Decriminalization Bill Filed. Del. Curt Anderson (D-Baltimore) has filed legislation that would decriminalize the possession of marijuana paraphernalia. Maryland decriminalized pot -- but not paraphernalia -- last year, and this bill seeks to rectify that oversight. The bill is House Bill 105.

Wyoming Marijuana Study Bill No Longer Blocks Consideration of Other Pot Bills. The House Judiciary Committee has approved a bill that would study marijuana legalization in other states, but not before amending it to remove language that would have blocked consideration of other marijuana-related bills. The measure is House Bill 187.

Medical Marijuana

Federal Appeals Court Questions Attempt to Shut Down Oakland Dispensary. A three-judge panel of the 9th US Circuit Court of Appeals in San Francisco today challenged federal prosecutors over their attempt to shut down Oakland's Harborside dispensary. The judges wanted to know why the effort was continuing given recent policy pronouncements from the Justice Department that it would not go after dispensaries where they are legal.

Federal Bill to Allow VA Docs to Recommend Medical Marijuana Filed. US Rep. Earl Blumenauer (D-OR) and 16 bipartisan cosponsors have introduced a bill that would allow Veterans Affairs (VA) physicians to discuss and recommend medical marijuana to their patients, a right enjoyed by physicians outside of the VA system. The Veterans Equal Access Act is not yet available on the congressional web site.

Illinois Issues Medical Marijuana Licenses. Gov. Bruce Rauner (R) Monday issued medical marijuana licenses and permits to qualifying growers and sellers. The move came after former Gov. Pat Quinn (D) failed to act on the permits before his term expired. See the full list of licenses and permits here.

Missouri Medical Marijuana Bill Filed. Rep. Dave Hinson (R-St. Clair) has filed a full-fledged medical marijuana bill. The bill would allow patients to possess up to 2.5 ounces and would require that the medicine be grown in the state. The measure is House Bill 800.

Virginia CBD Medical Marijuana Bill Moves. A bill that would allow epilepsy patients to use low-THC, high-CBD medical marijuana won a committee vote Monday. Senate Bill 1235 passed the Senate Courts of Justice Committee on an 11-2 vote.

Hemp

Oregon Now Accepting Industrial Hemp Applications. The state Department of Agriculture is accepting applications for licenses and permits for industrial hemp. Click here for license and permit applications.

Drug Testing

Wisconsin Governor's Public Aid Drug Testing Scheme Will Be Opposed By Dane County. Dane County (Madison) executive Joe Parisi (D) said Monday he might sue Gov. Scott Walker over his plans to drug test recipients of public aid benefits. "People who fall on hard times should not be treated like criminals; they should be treated like people who have fallen on hard times: with dignity and respect. Requiring someone who has just been laid off from their job to pee in a cup is not treating people in a dignified manner; it is degrading and insulting," Parisi said in a statement.

Wisconsin Governor's Public Aid Drug Testing Scheme Challenged by Coalition. A coalition of 15 groups are challenging Gov. Scott Walker's proposal to require applicants for and recipients of public assistance and unemployment insurance to pass drug tests. The groups all signed onto a letter criticizing the plan. The coalition includes advocates for Wisconsin's poor and women, members of the state's faith community, organized labor, and more.

International

Indonesia Set to Execute Eight More Drug Offenders, Including Seven Foreigners. A spokesman for the Indonesian attorney general's office said today that the country is preparing to execute eight drug smugglers, including citizens of Australia, Brazil, France, Ghana, Nigeria, and the Philippines. It executed six others just two weeks ago, despite international condemnation.

The President's Budget: Drug War on Cruise Control [FEATURE]

This article was published in collaboration with AlterNet and first appeared here.

President Obama (whitehouse.gov)
President Obama released his Fiscal Year 2016 budget proposal today, and when it comes to the drug war budget, it's largely more of the same old same old. Despite the growing realization that the war on drugs is failed policy and despite the wave of marijuana legalization beginning to sweep through the states, there is no sign of anything new here.

Budget documents describe the drug war spending as "a 21st Century approach to drug policy that outlines innovative policies and programs and recognizes that substance use disorders are not just a criminal justice issue, but also a major public health concern" and calls for "an evidence-based plan for real drug policy reform, spanning the spectrum of prevention, early intervention, treatment, recovery support, criminal justice reform, effective law enforcement, and international cooperation."

But the rhetoric doesn't match up with the spending proposals. Instead, the decades old, roughly 60:40 split in favor of law enforcement over prevention and treatment continues. While the Department of Health and Human Services would get more than $10 billion for treatment and prevention programs (more than $6 billion of it for Medicaid and Medicare), drug law enforcement spending in the Departments of Defense, Homeland Security, and Justice, as well as the drug czar's office would total more than $14.5 billion.

Justice Department drug war spending would increase from $7.79 billion this fiscal year to $8.14 billion next year under the president's proposal. That includes nearly $3.7 billion for the Bureau of Prisons (up $187 million), $2.46 billion for the DEA (up $90 million), $519 million for the Organized Crime Drug Enforcement Task Force (up $12 million), and $293 million for the Office of Justice Programs (up $50 million).

That last line item -- the Office of Justice Programs -- is where the Edward Byrne Justice Assistance Grants, which typically fund multi-jurisdictional drug task forces, are found. It would see a rather substantial 20% funding increase despite congressional efforts in recent years to cut it back. That means more drug task forces, more drug busts, and more back-end costs associated with them (see the Bureau of Prisons line item).

While the overall federal drug budget is up to $27.57 billion (from $26.34 billion last year), there are decreases in some line items. The Office of National Drug Control Policy (ONDCP -- the drug czar's office) would be cut from $375 million this year to $307 million next year, the High Intensity Drug Trafficking Areas (HIDTA) program would be cut from $245 million to $193 million, and Defense Department drug war spending would be cut from $1.307 billion to $1.267 billion.

There are no huge increases in the drug war budget, but neither are there significant decreases. This is very much a drug war budget on cruise control. And this is, of course, only the president's proposed budget. What the Congress will do with it remains to be seen.

If everyone agrees the drug war is a failure, someone forgot to tell the president.

Washington, DC
United States

Chronicle AM: MJ Decrim and Medical Bills Filed, Ramarley Graham Settlement, Jamaica Decrim Progess, More (2/2/15)

Decriminalization and medical marijuana bills are being filed left and right, Maine says pot patients can be unfit parents, Oregon says pot patients can't operate child care centers, New York City pays out big time for the killing of a black youth over weed, Jamaica's decrim bill advances, and more. Let's get to it:

Marijuana Policy

Delaware Decriminalization Bill Filed. State Rep. Helene Keeley (D-Wilmington) and several cosponsors have filed House Bill 39, which would make possession of up to an ounce a civil infraction punishable only by a fine. Public use would remain subject to jail time, but for no more than five days.

Maryland Push for Legalization Underway. Supporters of legalization held a press conference last Friday to push the idea forward. State legislators, including Del. Curt Anderson (D-Baltimore) were joined by a Colorado legislator and Seattle City Attorney Pete Holmes. The press conference came as legalization supporters prepared to brief legislative committees on the topic. Maryland decriminalized it last year.

Minnesota Poll Finds More Want to Legalize It Than Don't. A new Public Policy Polling survey finds just short of a majority for legalizing pot there. Some 49% said they thought marijuana should be legal and regulated, while 44% thought it "should remain illegal." Support for medical marijuana, meanwhile, was at 76%.

New Hampshire Decriminalization Bill Filed. Rep. Adam Schroadter (R-Newmarket) and seven cosponsors have introduced House Bill 618, which would decriminalize the possession of small amounts of marijuana. New Hampshire is the only New England state that has not decriminalized.

New Mexico Decriminalization Bill Filed. State Sen. Joseph Cervantes (D-Dona Ana County) has introduced Senate Bill 383, which would decriminalize the possession of up to four ounces and eliminate jail time for possession of up to eight ounces. Currently, possession of less than an ounce is a petty misdemeanor with possible jail time, while possession of between one and eight ounces is a misdemeanor with up to a year in jail.

Virginia Decriminalization Bill Dies in Senate Committee. A bill that would have decriminalized pot possession in the Old Dominion was killed last Wednesday in the Senate Courts of Justice Committee. Senate Bill 686, introduced by Sen. Adam Ebbin (D-Alexandria) died in a 9-5 party line vote.

Philadelphia Pot Arrests Drop 88% After Decriminalization. Philadelphia police arrested only 63 people for marijuana possession between October 20 and year's end, marking a massive decline in marijuana arrests after decriminalization. Last year during the same time period, there were 559 possession arrests.

Medical Marijuana

Connecticut State Commissioner Agrees to Expand Qualifying Ailments List. Consumer Protection Commissioner Jonathan Harris said this morning that he will follow the recommendation of the program's Board of Physicians and is drafting new regulations to include sickle cell disease, post-surgical back pain with a condition called chronic radiculopathy, and severe psoriasis and psoriatic arthritis to the list of qualifying conditions. But that's not the end of it. Now, the proposal must be approved by the state attorney general and then by the General Assembly's Regulation Review Committee. A vote there could come by spring.

Maine High Court Rules Using Medical Marijuana Can Make Parents Unfit. The Maine Supreme Judicial Court has ruled in a child custody case that even though medical marijuana is legal in the state, its use can make a person an unfit parent. "Determining what is in the best interest of the child necessarily involves considering whether a parent's ability to care for his or her child is impaired, including by his or her marijuana use. As with any medication or substance, the question of whether a parent's ingestion of marijuana is legal is only part of the equation. The more important question is whether that ingestion negatively affects, limits or impairs a parent's capacity to parent his or her child," Chief Justice Leigh Saufley wrote in the eight-page decision. The case is Daggett v. Sternick.

Mississippi Medical Marijuana Bill Filed. State Sen. Deborah Dawkins (D-District 48) has filed Senate Bill 2318, which would allow patients with specified conditions to use medical marijuana. The bill doesn't envision dispensaries, but would allow patients to grow their own with a physician's recommendation.

North Dakota Medical Marijuana Bill Filed. Rep. Pamela Anderson (D-Fargo) has introduced House Bill 1430, which would allow patients with qualifying conditions to use medical marijuana. But there is a big loophole. Patients could also qualify if they suffer "any persistent or chronic illness or condition that, in the opinion of a physician, substantially limits the ability of a person to conduct one or more major life activities; or may cause serious harm to the patient's safety or mental or physical health if not alleviated; if the illness or condition may be improved by the use of marijuana."

Oregon Bars Medical Marijuana Patients From Being Child Care Providers. The state Early Learning Council has voted to bar patients from being child care providers. The decision follows a six-month temporary rule that was issued last August and gave patients an ultimatum: your patient card or your child care business.

Tennessee Low-THC Cannabis Oil Bill Filed. State Rep. Jeremy Faison (R-District 11) today introduced House Bill 197, which would allow the use of cannabis oil with less than 0.9% THC for medical purposes.

Law Enforcement

Chicago Federal Prosecutors Drop "Stash House" Cases. The US attorney's office in Chicago has dropped dozens of serious drug conspiracy cases that were based on undercover stings where law enforcement agents enticed people into robbing non-existent drug stash houses. The law enforcement technique has come under strong criticism that it amounts to entrapment and is used disproportionately to target minorities. Clarence Walker has covered this issue for the Chronicle here and here.

New York City Pays to Settle Killing of Black Teenager Over Weed. The city has settled with the family of Ramarley Graham, an 18-year-old black teen who was shot dead in his own bathroom by an NYPD cop who had stormed into his apartment without a warrant after suspecting he had marijuana. The killer cop, Richard Haste, was indicted in the shooting in 2012, but a judge threw out that indictment and a second grand jury failed to indict. Police said they suspected he had a gun because of the way he moved his hands near his waist. No weapon was ever found. The city has now agreed to pay the Graham family $3.9 million.

National Sheriffs Association Wants Deputy Attorney General Nominee "Investigated" for Pro-Drug Reform Comments. The group is upset with Vanita Gupta, nominated to head the department's Civil Rights Division. She has called for the decriminalization of all drugs, and that "put her at odds with the goal of public safety," the sheriffs complain. How her publicly made remarks would be "investigated" remains to be seen.

International

Jamaica Senate Begins Debate on Decriminalization. The Senate last Friday began debating a bill that would decriminalize marijuana and establish a licensing authority for a marijuana industry on the island. The bill would also allow for Rastafarians to use ganja for religious purposes. Debate is expected to continue in the Senate in coming days before the bill is sent to the lower chamber. It is expected to pass, since the ruling party, which submitted it, controls both chambers and the opposition also supports its broad outlines.

Venezuela Shoots Down Suspected Drug Plane Off Aruba. The Venezuelan defense ministry confirmed last Friday that its fighter jets had shot down a civilian plane suspected of carrying drugs. The plane went down off Aruba. Aruban officials had reported a day earlier that a plane had come down in flames, and human remains and packages of drugs could be seen in the water. Venezuela has shot down a number of suspected drug planes in recent years.

Ohio Drug Fugitive Killed in Columbus Gunfight

An Ohio man who had been a fugitive from drug charges for more than a year was shot and killed by state troopers in Columbus Tuesday. Jermonte Fletcher becomes the second person to die in US domestic drug law enforcement operations so far this year.

According to the Associated Press, relying on police sources, members of a US Marshals fugitive task force got a tip that Fletcher was at a Columbus apartment building, and when they tried to arrest him, he opened fire. Two state troopers returned fire, killing him.

No officers were injured in the shootout, but one injured his leg carrying an 8-year-old boy from the building.

Fletcher was the last member of the North Short Posse at large. The gang had moved large amounts of drugs through Central Ohio since the 1990s. Twenty-two members of the gang were indicted on federal drug trafficking, weapons, and money laundering charges in 2013. Nineteen of them have already pleaded guilty or been convicted.

Fletcher was facing up to 115 years in federal prison if convicted on all 46 counts against him. The US Marshals office said that he had vowed not to be taken alive.

Medical Marijuana Update

Medical marijuana is seeing lots of action at state houses around the country, and the American Academy of Pediatrics has a new policy statement on medical marijuana.

National

On Monday, pediatricians called for rescheduling marijuana and said compassionate use for children is okay. In a new policy statement, the American Academy of Pediatrics is recommending that the DEA reschedule marijuana to ease research on it. The influential medical society is also proposing that medical marijuana be made available on a compassionate basis for children with serious illnesses who have not benefited from other medicines. Click the policy statement link for more detail.

Florida

On Monday, a full-blown medical marijuana bill was filed. State Sen. Jeff Brandes (R-St. Petersburg) has filed Senate Bill 258, which would regulate the cultivation, distribution, and use of medical marijuana in the state. The proposal larger mirrors that failed constitutional amendment that won 57% of the vote last year (it needed 60% to pass because it was a constitutional amendment). The state passed a medical marijuana bill last year, but it was limited to high-CBD cannabis oils. Brandes is chair of the Senate Transportation Committee and sits on the Criminal Justice Committee, too.

Georgia

On Monday, a CBD medical marijuana bill was filed. Rep. Allen Peake (R-Macon) filed House Bill 1, which would allow the use of CBD cannabis oil for qualifying patients. He had earlier considered a bill that would allow marijuana to be grown in-state, but he removed that language after objections from Gov. Nathan Deal (R). Peake said he hopes a deal can be struck that will allow for cannabis oil to be imported to the state.

Iowa

Last Friday, medical cannabis oil patient registration opened. The Department of Health has completed establishing a process to approve and generate medical cannabis oil registration cards. The legislature passed a bill last year allowing for such use. The relevant Health Department web page is here.

Kansas

Last Wednesday, Kansas parents got a Senate hearing on a medical marijuana bill. The Senate Public Health and Welfare Committee heard Wednesday from parents of chronically ill children were speaking in support of pending medical marijuana legislation, SB 9, introduced by Sen. David Haley (D-Kansas City). Click on the title link for hearing details.

Last Thursday, opponents got their chance. The Senate Public Health and Welfare Committee heard from opponents of pending medical marijuana legislation Thursday. Eric Voth, chairman of the Institute on Global Drug Policy, said marijuana is harmful and legalization measures would threaten public health, while a spokesman for the Kansas Association of Police Chiefs said medical marijuana has caused problems in states that have allowed it.

Illinois

On Monday, the new governor said he was no hurry to grant business licenses. Former Gov. Pat Quinn (D) left behind a list of companies poised to be granted medical marijuana business licenses, but incoming Gov. Bruce Rauner (R) is in no hurry. Now he wants to conduct "a thorough legal review of the process" used to choose licensees. Medical marijuana patients will have to continue to wait.

Maine

Last Friday, a bill to allow medical marijuana in hospitals was introduced. State Sen. Eric Brakey (R-Auburn) has filed LD 35, which would allow registered patients to use medical marijuana in hospitals. It does so by adding hospitals to list of eligible primary caregivers, the list of places where patients can store and use medical marijuana, and barring hospitals from prohibiting the use of smokeless marijuana by patients.

Nebraska

Last Wednesday, a full-blown medical marijuana bill was filed. State Sen. Tommy Garrett (D-Bellevue) has filed LB 643, a full-blown medical marijuana bill that allows patients or caregivers to grow up to 12 plants and possess up to six ounces, envisions a dispensary system, and allows the plant to be used for a specified list of diseases and conditions.

Pennsylvania

On Tuesday, a medical marijuana was reintroduced. State Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have reintroduced a medical marijuana that died late in the last session. The new bill, Senate Bill 3, is almost identical to last year's Senate Bill 1182. It has a bipartisan batch of cosponsors -- 11 Republicans and 14 Democrats.

Also on Tuesday, there was a change of tune from the governor's mansion. Last year, then Gov. Tom Corbett (R) was a staunch foe of medical marijuana. But now, there's a new year, a new legislative session, and a new governor. This one, Democrat Tom Wolf, met with families of children suffering from diseases treatable by medical marijuana Tuesday and said he would support broad medical marijuana legislation.

South Carolina

Last Thursday, a medical marijuana bill was filed. State Rep. Todd Rutherford (D-Columbia) last week formally introduced a full-blown medical marijuana bill, H3140, that he had prefiled back in October. It would allow registered patients to use medical marijuana for "a debilitating medical condition," and patients or caregivers could possess up to six plants and two ounces of usable marijuana. It is now before the House Judiciary Committee.

Texas

Last Friday, identical CBD medical marijuana bills were filed. State Rep. Stephanie Klick (R-Ft. Worth) and Sen. Kevin Eltife (R-Tyler) today introduced identical bills that would allow children with epilepsy to be treated with low-THC, high-CBD cannabis oils. The House version is HB 892.

Wyoming

Last Thursday, a medical marijuana bill was killed in the House. The House Judiciary Committee killed a medical marijuana bill on a 5-4 vote. The bill was House Bill 78.

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

This Week's Corrupt Cops Stories

NYPD narcs gone bad, a Utah drug task force agent gets busted, and a Colorado cop heads to federal prison. Let's get to it:

In New York City, two NYPD narcotics officers are being investigated for allegedly assaulting a former Marine sergeant. The veteran, Omar Rendon, said in a lawsuit filed Monday that he was eating lunch and watching a movie on his phone while sitting in his vehicle when two plainclothes narcs rousted him, demanding he get out of his car. When he asked for their badges, they violently yanked him out of the car and punched him. He was then searched and handcuffed, but no charges were filed after nothing turned up.

In Ogden, Utah, a former Weber-Morgan Narcotics Strike Force agent was arrested last Friday on charges he twice solicited a woman to hire a man to purchase oxycodone for him. Don Henry Johnson, 29, went down after he promised to pay the woman, but failed to come through. She then reported what happened to authorities. He is now charged with two counts of second-degree felony drug distribution, and is looking at up to 15 years on each count.

In Denver, a former Walsenburg police officer was sentenced last Friday to five years in federal prison for helping her husband's heroin distribution business. Gloria Suazo, 32, had been convicted of conspiracy to possess heroin with the intent to distribute. Her husband got 10 years.

Chronicle AM: Boehner Not Eager to Mess With DC, NE AG Explains Lawsuit, Forfeiture Pressure, More (1/28/15)

The House Speaker doesn't appear too interested in undoing legalization in DC, Nebraska's AG explains his lawsuit against Colorado legalization, good poll results from Virginia, more pressure for federal asset forfeiture reform, and more. Let's get to it:

House Speaker Boehner Not Eager to Mess With DC's Pot Legalization. DC Mayor Muriel Bowser met Tuesday with the speaker and reported that he seemed little interested in trying to undo the will of District voters who approved limited legalization in November. "Well, I think that the speaker wants to be able to concentrate on national issues, and recognizes that the District of Columbia is moving in the right direction, and would prefer to have his interest on national issues," Bowser said in her recap of the meeting.

Nebraska's Attorney General Explains Why He Is Suing Colorado. State Attorney General Doug Peterson has penned a column explaining his reasoning for asking the Supreme Court to undo marijuana legalization in Colorado. Click on the link to read it in full.

Vermont Will See a Legalization Bill This Year. The Green Mountain State is almost universally included in those lists of "the next states to legalize marijuana," and now Sen. David Zuckerman (P-Crittenden County) says he will introduce a bill to do just that. He said there's no reason to delay. "I think there is a wait-and-see attitude on the part of many," Zuckerman said. "There's also a let's-get-there-and-get-it-done attitude."

Poll Finds Virginians Strongly Support Decriminalization, Medical Marijuana. A Christopher Newport University survey released Tuesday found 71% of registered voters support decriminalization and 69% favor medical marijuana. The poll comes just days after state Sen. Adam Ebbin (D-Alexandria) introduced a decriminalization bill. Click on the poll link for methodological and other details.

Anchorage Bans Public Consumption, But Allows Use in Licensed Premises. Alaska's largest city has opened the door to "cannabis cafes." The Anchorage Assembly voted to prohibit public pot smoking, but approved an amendment allowing allows for consumption in places "authorized by a state permit or license or authorized by a municipal permit or lease."

Wichita Will Vote on Decriminalization in April. The city council okayed putting a decriminalization initiative on the April 7 ballot after backers presented petitions with thousands of signatures supporting it. The vote was 6-1. Those 21 and over caught with 32 grams or less would face a citation and a $50 fine.

Medical Marijuana

In Pennsylvania, A Change of Tune From the Governor's Mansion. Last year, then Gov. Tom Corbett (R) was a staunch foe of medical marijuana. But now, there's a new year, a new legislative session, and a new governor. This one, Democrat Tom Wolf, met with families of children suffering from diseases treatable by medical marijuana Tuesday and said he would support broad medical marijuana legislation.

Asset Forfeiture

ACLU, NACDL Speak Out for Asset Forfeiture Reform.The National Association of Criminal Defense Lawyers sent a letter to every congressional office, expressing support for proposals to stop police from seizing cash, cars and other property from people without convicting them of a crime. And he American Civil Liberties Union also issued a strong statement on Tuesday, saying reforms are needed to protect innocent Americans from a seizure system that has a disproportionate effect on low-income people. The letter and statement are in support of Senate Bill 255, introduced yesterday by Sen. Rand Paul (R-KY), or similar legislation.

Pregnancy

ACLU of Virginia Object to Bill Targeting Pregnant Women Who Use Drugs. The civil liberties group is challenging HB 1456, filed by Del. Les Adams (R-Pittsylvania County). The bill would authorize child welfare authorities to investigate or make a family assessment any "report or complaint that a pregnant woman is using a controlled substance" in an illegal manner. The state ACLU affiliate says the bill is dangerous for pregnant women and their fetuses because it would prevent them from seeking the health care they need.

Chronicle AM: DEA License Plate Spying; Federal Asset Forfeiture, Hemp & State MedMJ Bills Filed (1/27/15)

A marijuana business group predicts 18 states will legalize by 2020, medical marijuana bills get filed in Florida and Pennsylvania, the DEA is tracking your license plates, federal asset forfeiture reform and hemp bills are filed, and more. Let's get to it:

Arcview sees legalization in 18 states by 2020.
Marijuana Policy

ArcView Group Predicts 18 States Will Legalize By 2020. ArcView Market Research, a firm that pairs investors with marijuana-related businesses, is predicting that 18 states will have legalized marijuana by the end of 2020. Those states are: Arizona, California, Massachusetts, Maine, Nevada, Rhode Island, and Vermont by 2016; Connecticut, Delaware, Maryland, Montana, New Hampshire, and New Jersey by 2020. Alaska, Colorado, Oregon, and Washington have already legalized it, as has the District of Columbia.

Southern California Legalization Meetings Planned. The California Coalition for Cannabis Policy Reform, which is working to create a unified movement behind a legalization initiative in 2016, will be holding a series of meetings in Southern California this weekend. There will be events in West Hollywood, Riverside, San Diego, and Santa Ana. They want people to RSVP. Click on the link for meeting details.

Medical Marijuana

Full-Blown Medical Marijuana Bill Filed in Florida. State Sen. Jeff Brandes (R-St. Petersburg) has filed Senate Bill 258, which would regulate the cultivation, distribution, and use of medical marijuana in the state. The proposal larger mirrors that failed constitutional amendment that won 57% of the vote last year (it needed 60% to pass because it was a constitutional amendment). The state passed a medical marijuana bill last year, but it was limited to high-CBD cannabis oils. Brandes is chair of the Senate Transportation Committee and sits on the Criminal Justice Committee, too.

Medical Marijuana Bill Reintroduced in Pennsylvania. State Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have reintroduced a medical marijuana that died late in the last session. The new bill, Senate Bill 3, is almost identical to last year's Senate Bill 1182. It has a bipartisan batch of cosponsors -- 11 Republicans and 14 Democrats.

Iowa Medical Cannabis Oil Registrations Now Open. The Department of Health has completed establishing a process to approve and generate medical cannabis oil registration cards. The legislature passed a bill last year allowing for such use. The relevant Health Department web page is here.

Hemp

Federal Hemp Bill Filed. Rep. Thomas Massie (R-KY) has filed HR 525, which would amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The bill has 47 cosponsors -- 31 Democrats and 16 Republicans. It's been assigned to the House Judiciary and House Energy and Commerce committees.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Bill Filed. Sen. Rand Paul (R-KY) has reintroduced the Fifth Amendment Integrity Restoration (FAIR) Act, SB 255. The measure would end the federal government's Equitable Sharing program for civil asset forfeiture. An identical measure has been introduced in the House. The bills are headed for each house's respective judiciary committees.

Law Enforcement

DEA is Spying on Millions of Vehicles. A license plate tracking program run by the DEA is building a national database that tracks the movement of vehicles around the US. The secret domestic intelligence-gathering program has scanned and stored hundreds of millions of records about motorists, all without a warrant. The DEA's uses of license plate readers on a massive scale "raises significant privacy concerns," said Sen. Patrick Leahy, senior Democrat on the Senate Judiciary Committee. "The fact that this intrusive technology is potentially being used to expand the reach of the government's asset-forfeiture efforts is of even greater concern." There's much more at the link.

Chronicle AM: WY MedMJ Bill Killed, Ukraine Blocks Methadone to Rebel Regions, More (1/26/15)

Some pleasantly surprising poll results from Michigan, medical marijuana bills are popping up all over the place, the Baby Bou Bou SWAT raid is sparking bills to rein in over-the-top drug raiders, and more. Let's get to it:

Georgia bills seek to rein in over-the-top drug raiders.
Marijuana Policy

Michigan Poll Has Support for Taxing and Regulating Marijuana at 64%. A SurveyUSA poll released late last week has nearly two-thirds of respondents saying they would support legalizing, taxing, and regulating marijuana to increase school and road funding. That same set of respondents did not support increasing sales tax to increase school and road funding. Only 43% answered yes to that question. Click the link for more poll details.

South Carolina Decriminalization Bill Filed. Rep. Mike Pitts (R-Laurens) has filed House Bill 3117, which would decriminalize the possession of up to an ounce of weed.

Medical Marijuana

Pediatricians Call for Rescheduling Marijuana, Say Compassionate Use for Children Okay. In a new policy statement, the American Academy of Pediatrics is recommending that the DEA reschedule marijuana to ease research on it. The influential medical society is also proposing that medical marijuana be made available on a compassionate basis for children with serious illnesses who have not benefited from other medicines. Click the policy statement link for more detail.

Georgia CBD Medical Marijuana Bill Filed. Rep. Allen Peake (R-Macon) today filed House Bill 1, which would allow the use of CBD cannabis oil for qualifying patients. He had earlier considered a bill that would allow marijuana to be grown in-state, but he removed that language after objections from Gov. Nathan Deal (R). Peake said he hopes a deal can be struck that will allow for cannabis oil to be imported to the state.

New Illinois Governor Stalling Medical Marijuana Licenses. Former Gov. Pat Quinn (D) left behind a list of companies poised to be granted medical marijuana business licenses, but incoming Gov. Bruce Rauner (R) is in no hurry. Now he wants to conduct "a thorough legal review of the process" used to choose licensees. Medical marijuana patients will have to continue to wait.

South Carolina Medical Marijuana Bill Filed. House Minority Leader J. Todd Rutherford (D-Columbia) and several cosponsors have filed House Bill 3140, which would allow qualifying patients to grow and possess limited amounts of marijuana. Last year, the legislature passed a CBD-only medical marijuana bill.

Wyoming Medical Marijuana Bill Killed in House. The House Judiciary Committee last Thursday killed a medical marijuana bill on a 5-4 vote. The bill was House Bill 78.

Drug Testing

Wisconsin Governor Won't Fight Feds Over Food Stamp Drug Testing, But Will Seek Waiver. Gov. Scott Walker (R) had vowed to fight the Obama administration over requiring drug tests for food stamp recipients, but his forthcoming budget proposal now says he will seek waivers from the federal government. Federal law bars adding new eligibility requirements to the food stamp program.

Law Enforcement

Baby Bou Bou SWAT Raid Sparks Georgia Bill Regulating "No Knock" Raids. The May drug raid over a $50 meth sale that left a Georgia infant seriously injured by a flash bang grenade has sparked a reaction in the state legislature. Senate Bill 45, filed by Sen. Vincent Fort(D-Fulton County) this month, would require police to show probable cause that there is imminent potential for life endangerment or destruction of evidence if they knocked and declared their presence at a suspect's door prior to arrest. A separate House Bill 56 would end unannounced arrests between 10 pm and 6 am, unless a judge specifically grants a warrant.

International

Ukraine Blocking Delivery of Opiate Maintenance Drugs to Rebel Regions. The Kiev government is effectively blockading the pro-Russia regions under control of rebels, including supplies of buphrenorphine and methadone. Russia has been delivering other medical supplies to the region, but not the opiate maintenance drugs, which are illegal in Russia. In Donetsk, the last 52 patients on buphrenorphine ran out earlier this month, and the dwindling supply of methadone will be gone by March 1. There are nearly 400 methadone patients in the region.

Seven States That Are Next In Line to Legalize Marijuana [FEATURE]

Written in partnership with Alternet and originally published here.

President Obama is taking a pretty much laissez-faire approach to legalization experiments in the states. (whitehouse.gov
During a series of YouTube interviews Thursday, President Obama demonstrated a remarkably laissez-faire attitude toward marijuana legalization experiments in the states. And he signaled strongly that the Obama administration wouldn't be taking to the hustings to try to beat back legalization efforts, as previous administrations had been wont to do.

"What you're seeing now is Colorado, Washington through state referenda, they're experimenting with legal marijuana," the president said in response to a question from YouTube host Hank Green. "The position of my administration has been that we still have federal laws that classify marijuana as an illegal substance, but we're not going to spend a lot of resources trying to turn back decisions that have been made at the state level on this issue. My suspicion is that you're gonna see other states start looking at this."

Indeed. Legalization bills are already popping up in state legislatures around the country, and while it's unlikely -- though not impossible -- that any of them will pass this year, 2016 looks to be the breakout year for freeing the weed. One state is going to be the first to legalize it through the legislature, and next year seems reasonable. And the presidential election year is also likely to see successful legalization initiatives in several more.

Currently four states -- Alaska, Colorado, Oregon, and Washington -- and the District of Columbia have ended pot prohibition. But that's only about 18 million people. By the time they quit counting the votes on Election Day 2016, that number is likely to triple, and then some.

So, where's it going to happen? Here's where:

California

That California is the only state on the West Coast to not yet have legalized pot is an embarrassment to Golden State activists. They were first with medical marijuana in 1996, and they tried to be first to legalize it with Prop 19 in 2010, but came up short, garnering 46% of the vote on Election Day despite leading in the polls up until the final weeks. In 2012, with the big players sitting on their cash stashes, none of the competing initiative efforts even managed to make the ballot.

It will be different in 2016. The actors with deep pockets are all ready to get involved next year, the polling is good (if not great, hovering in the mid-50s), and the state's disparate and fractious cannabis community is already working to forge a unified front behind a community-vetted initiative. The main vehicle for activists is the California Coalition for Cannabis Law Reform, which has already started holding meetings statewide to try to a unified marijuana reform community.

California activists are laying the groundwork for 2016. (cannabispolicyreform.org)
With 38 million people, California is the big prize. It's also an expensive place to run an initiative, with the cost of getting on the ballot alone at around a million dollars. And it'll take several million more to pay for advertising in the key final weeks of the campaign. But the money is lining up, it'll take fewer signatures to qualify for the ballot (thanks to the dismal turnout in last year's midterms), and once it qualifies, it will have momentum from (by then) four years of legalization in Colorado and Washington and two years of it in Alaska and Oregon. California will go green in 2016.

Nevada

Nevada is the state that is actually furthest down the path towards legalizing it next year. The Marijuana Policy Project-backed Coalition to Regulate Marijuana Like Alcohol in Nevada has already qualified a legalization initiative for the 2016 ballot. It would legalize the possession of up to an ounce by adults 21 and over and allow for taxed and regulated marijuana commerce.

Under Nevada law, the legislature now has a chance to approve the initiative. If it does so, it would become law; if it rejects it or fails to act on it, it then goes to the voters on Election Day 2016.

Nevadans approved medical marijuana in 1998 (59%) and again in 2000 (65%), but voted down decriminalization in 2002 (39%) and legalization in 2006 (44%). But it has since then effectively decriminalized possession of less than ounce, and it's now been a decade since that last legalization initiative loss at the polls. Either marijuana will be legal by Election Day 2016 thanks to the legislature or the voters will decide the question themselves at the polls.

Arizona

In Arizona, possession of any amount of pot is still a felony, but polling in the last couple of years shows support for legalization either hovering around 50% or above it. Those aren't the most encouraging polling numbers -- the conventional wisdom is that initiatives want to start out at 60% support or better -- but a serious effort is underway there to put the issue before the voters in 2016.

The Marijuana Policy Project (MPP) is teaming with Safer Arizona and other state activist groups for the 2016 initiative campaign and has formed a ballot committee to begin laying the groundwork for a Colorado-style initiative.

The initiative language is not a done deal, and there are some signs that local activists aren't completely happy with MPP's proposed language, but that's why there are consultations going on.

Maine

The Marijuana Policy Project has been laying the groundwork for a statewide legalization initiative in 2016 with local initiative campaigns in some of the state's largest cities in 2014 and 2013 and is working on final initiative language now. But it is also seeing competition from a state-based group,Legalize Maine, that says it is crafting its own initiative and is criticizing both MPP and Maine politicians for advancing "out of state corporate interests" at the expense of Mainers.

Whether MPP and Legalize Maine can get together behind a single initiative remains to be seen. If they can, good; if they can't, well, Maine is a small and relatively inexpensive state in which to run a signature-gathering campaign. There could be not one, but two legalization initiatives in Maine next year.

Meanwhile, state Rep. Diane Russell has filed a legalization bill in the legislature this year. Maine is one of the states where the looming presence of legalization initiatives could actually move the legislature to act preemptively to craft a legalization scheme to its own liking.

Massachusetts

Massachusetts is another. As in Maine, but to a much greater degree, Bay State activists have been laying the groundwork for legalization for years. Groups such as MassCann/NORML and the Drug Policy Forum of Massachusetts have run a series of marijuana reform "public policy questions" in various state electoral districts each election cycle since 2000 -- and they have never lost! The questions are non-binding, but they're a clear indicator to state legislators where voter sentiment lies.

The state has also seen successful decriminalization and medical marijuana initiatives, in 2008 and 2012, respectively. In both cases, the initiatives were approved with 63% of the vote. And again as in Maine, the Marijuana Policy Project is organizing an initiative, but local activists with similar complaints to those in Maine are threatening to run their own initiative. Organized as Bay State Repeal, which includes some veteran Massachusetts activists, the group says it wants the least restrictive legalization law possible. Whether the two efforts can reach a common understanding remains to be seen.

Show Me Cannabis may pull off a surprise in Missouri.
Meanwhile, the issue could move in the legislature in the next two years. New Republican Gov. Charlie Baker says he's opposed to legalization, but is praising Democratic Senate President Stanley Rosenberg's decision to appoint a special Senate committee to examine issues around legalization. Rep. David Rogers (D-Cambridge) isn't waiting. He's filed a legalization bill, and while previous such bills have languished in the Joint Committee on the Judiciary, incoming committee head Sen. Will Brownberger (D-Boston) has said he will give it a hearing. Something could happen this year, although it's more likely next year, and the voters doing it themselves on Election Day 2016 is more likely yet.

Vermont

Vermont could be the best bet for a state to legalize it this year and for the first state to legalize it through the legislative process. There is no initiative process in the state, so that's the only way it's going to happen. And the state has already proceeded well down that path.

Gov. Peter Shumlin (D) has endorsed legalization in principle -- the devil is the details -- and the legislature last year approved a RAND study on the impacts of legalization, which was just released earlier this month. That study estimated that freeing the weed could bring the state $20 to $70 million in annual pot tax revenues.

Other state officials have expressed openness to the idea, and a May 2014 poll found 57% support for legalization. There's not a bill in the hopper yet this year, but one could move quickly in this state where a lot of the legislative groundwork has already been laid.

The Marijuana Policy Project has formed the Vermont Coalition to Regulate Marijuana to help push the process along. Stay tuned; this is one to watch.

Missouri

And there's a dark horse in the heartland. The Missouri activist group Show Me Cannabis has been running an impressive educational campaign about marijuana legalization for the past few years. The group tried to get an initiative on the ballot last year, but came up short.

They've already filed paperwork for 2016 for a constitutional amendment to make it legal to grow, sell, and use marijuana for people 21 and over.

One reason Show Me Cannabis came up short in 2014 was the lack of support from major players outside the state. Given the lack of polls showing strong support for legalization, the big players remain sitting on their wallets, but that could change if good poll numbers emerge. And there's still plenty of time to make the 2016 ballot.

Chronicle AM: WY Decrim Bill Killed, More MedMJ Bills, CDC Warns on Women and Pain Relievers, More (1/23/15)

Marijuana-related activity is ratcheting up at statehouses across the land, Massachusetts' governor rejects legalization, and the CDC issues a warning on opiate pain reliever use among women of childbearing age. Let's get to it:

Marijuana Policy

Massachusetts Governor Rejects Legalization. New Gov. Charlie Baker (R) said Thursday that while he supported Democratic Senate President Stanley Rosenberg's decision to create a special Senate committee to examine issues around marijuana legalization, he is "always going to be opposed to legalizing" the drug for recreational use. His stance and his veto power make a 2016 effort to legalize through the initiative process more likely.

Push for Virginia Decriminalization Bill. Supporters of a bill that would decriminalize pot possession in the Old Dominion held a press conference Thursday to rally support. The bill is SB 686, prefiled back in October by Sen. Adam Ebbin (D-Alexandria). Decrim bills have been a perennial feature of the legislature in recent years, but have never gone anywhere. But those bills were all in the House of Delegates, while this one is in the Senate.

Wyoming House Kills Decriminalization Bill. The House voted 38-22 to kill HB 29, which would have replaced criminal penalties for small-time pot possession with a civil fine. The measure had passed the House Judiciary Committee 7-2 last week.

Medical Marijuana

Kansas Medical Marijuana Opponents Testify. The Senate Public Health and Welfare Committee heard from opponents of pending medical marijuana legislation Thursday. Eric Voth, chairman of the Institute on Global Drug Policy, said marijuana is harmful and legalization measures would threaten public health, while a spokesman for the Kansas Association of Police Chiefs said marijuana has caused problems wherever states have reformed marijuana laws. Supporters of the bill testified earlier this week.

South Carolina Medical Marijuana Bill Filed. State Rep. Todd Rutherford (D-Columbia) last week formally introduced a full-blown medical marijuana bill, H3140, that he had prefiled back in October. It would allow registered patients to use medical marijuana for "a debilitating medical condition," and patients or caregivers could possess up to six plants and two ounces of usable marijuana. It is now before the House Judiciary Committee.

Texas CBD Medical Marijuana Bills Filed. State Rep. Stephanie Klick (R-Ft. Worth) and Sen. Kevin Eltife (R-Tyler) today introduced identical bills that would allow children with epilepsy to be treated with low-THC, high-CBD cannabis oils. The House version is HB 892.

Opposition to Messing With Washington Medical Marijuana System. Some patients and patient advocates, including Sensible Washington are not happy with efforts to fold the state's existing medical marijuana system into its new recreational marijuana system. Some spoke out against pending legislation at a hearing yesterday, while Sensible Washington said in a release that it believes the proposed changes "will increase prices, decrease access and ultimately put a heavy, unnecessary burden on patients." Click on the link for more.

Opiates

CDC Warns of High Number of Women of Childbearing Age Taking Opioid Pain Relievers. Too many women of childbearing age are using narcotic pain relievers, the Centers for Disease Control and Prevention warned Thursday. The CDC reported that 39% of women age 15-44 who were enrolled in Medicaid filled a prescription for opioids each year between 2008 and 2012, while 28% of privately insured women did so. "Taking opioid medications early in pregnancy can cause birth defects and serious problems for the infant and the mother," said CDC Director Tom Frieden, MD, MPH. "Many women of reproductive age are taking these medicines and may not know they are pregnant and therefore may be unknowingly exposing their unborn child. That's why it's critical for health care professionals to take a thorough health assessment before prescribing these medicines to women of reproductive age." Taking opioid pain medications during pregnancy can also expose mothers in some states to criminal liability if they have bad pregnancy outcomes.

Chronicle AM: VA Forfeiture Reform, Jamaica to Decriminalize, Supreme Court Drug Dog Case, More (1/22/15)

There's medical marijuana action in the states, the Supreme Court hears a case about drug dogs, Jamaica is about to decriminalize ganja, an asset forfeiture reform bill is moving in Virginia, and more. Let's get to it:

South Dakota Highway Patrol drug dog and trainer. How long can you be detained waiting for them to show up? (dps.sd.gov)
Marijuana Policy

Washington State "Comprehensive Marijuana Reform Act" Filed. State Sen. Jeanne Kohl-Welles (D-Seattle) is filing this week legislation designed to bring the state's existing medical and recreational marijuana systems into agreement. "The main intent of my bill is to simplify and unify the two systems so that complex gray areas and dangerous illicit markets will eventually cease to exist," she said. The bill would eliminate unregulated dispensaries and collective gardens, but it would also direct the state Liquor Control Board to increase the number of retail outlets by adopting a competitive, merit- and experience-based licensing application system.

Medical Marijuana

Kansas Parents Get Senate Hearing on Medical Marijuana Bill. The Senate Public Health and Welfare Committee heard Wednesday from parents of chronically ill children were speaking in support of pending medical marijuana legislation, SB 9, introduced by Sen. David Haley (D-Kansas City). Click on the title link for hearing details.

Maine Bill Would Allow Medical Marijuana in Hospitals. State Sen. Eric Brakey (R-Auburn) has filed LD 35, which would allow registered patients to use medical marijuana in hospitals. It does so by adding hospitals to list of eligible primary caregivers, the list of places where patients can store and use medical marijuana, and barring hospitals from prohibiting the use of smokeless marijuana by patients.

Nebraska Medical Marijuana Bill Filed. State Sen. Tommy Garrett (D-Bellevue) has filed LB 643, a full-blown medical marijuana bill that allows patients or caregivers to grow up to 12 plants and possess up to six ounces, envisions a dispensary system, and allows the plant to be used for a specified list of diseases and conditions.

Opiates

New Jersey Legislators Tackle Package of Heroin and Pain Pill Bills. State Sen. Joseph Vitale (D-Woodridge), chairman of the Senate Health, Human Services and Senior Citizens Committee, announced Wednesday that legislators from both parties had introduced a package of 21 bills aimed at confronting widespread heroin and prescription pill use. The bills are designed to increase access to treatment and recovery. Click on the link for more details.

Asset Forfeiture

Virginia House Panel Approves Bill Ending Civil Asset Forfeiture. A bill that would require a criminal conviction before asset forfeiture could take place has passed the Criminal Law Subcommittee of the House Committee for Courts of Justice. HB 1287, sponsored by Del. Mark Cole (R-Spotsylvania) now heads for a full committee vote.

Criminal Justice

Vera Institute for Justice DC Event Next Week Features Sen. Cory Booker. The Vera Institute is hosting "Justice in Focus: The Path Forward," in Washington, DC, next Tuesday. The event will feature a keynote interview with Sen. Cory Booker (D-NJ), as well as panels with other major figures in criminal justice reform. Click on either link for more information and event details.

Drug Testing

Wisconsin Governor Moving Forward With Public Benefits Drug Testing Scheme. Republican Gov. Scott Walker today announced more details of his plan to require drug screening and testing of people seeking public benefits, including food stamps and unemployment benefits. He said that those who fail the drug test would get a chance for free drug treatment and receive job training. More details will come when he unveils his budget proposal on February 3.

Search and Seizure

Supreme Court Hears Arguments Over Roadside Detentions While Awaiting Drug Dogs. How long can a police officer detain you on the side of the highway while waiting for a drug-sniffing dog to come sniff your vehicle? That was the question before the Supreme Court Wednesday. The case is that of a man pulled over in Nebraska. He was issued a warning ticket and asked to consent to a search of his vehicle. He refused, but rather than allow him to go on his way, the officer detained him for eight more minutes until a drug dog arrived. From their questions, it doesn't appear the justices are inclined to side with the defendant; click the link to get the flavor of their comments. The case is Rodriguez v. US.

International

Jamaica is About to Decriminalize Ganja. The island nation most closely associated with marijuana is about to decriminalize it. The Jamaican cabinet Monday approved a bill that would do just that, as well as allow for the creation of medical marijuana and hemp industries. The bill, the Dangerous Drugs (Amendment) Act of 2015, goes to the Senate tomorrow and will be debated there next Friday. It would decriminalize the possession of up to two ounces of ganja; allow its use for religious, medical, scientific, and therapeutic purposes; prohibit smoking it in public places; and provide for the granting of licenses for the development of a legal hemp and medical marijuana industry.

Jamaica is About to Decriminalize Ganja

This article was published in collaboration with AlterNet.

The island nation most closely associated with marijuana is about to decriminalize it. The Jamaican cabinet Monday approved a bill that would do just that, as well as allow for the creation of medical marijuana and hemp industries.

Rastaman has a reason to smile. (wikimedia.org)
The bill, the Dangerous Drugs (Amendment) Act of 2015, goes to the Senate tomorrow and will be debated there next Friday.

It would decriminalize the possession of up to two ounces of ganja; allow its use for religious, medical, scientific, and therapeutic purposes; prohibit smoking it in public places; and provide for the granting of licenses for the development of a legal hemp and medical marijuana industry.

While Jamaica is home to the Rastafarian religion, whose sacrament is marijuana, and has high usage rates (9.8% of the adult population, ranking it 10th worldwide, according to the UN), it has been slow to move forward on marijuana law reform.

It's been 14 years since a government-appointed National Commission on Ganja recommended decriminalization. At the time, Jamaican politicians were able to point to baleful threats coming from Washington as a reason not to move forward.

But things have changed. The United States is no longer wielding international drug control treaties as clubs with which to beat down reform efforts and, in fact, is moving unevenly toward marijuana legalization itself. Four states and the District of Columbia have already legalized it, and 14 more have decriminalized it.

The situation in the hemisphere is similar. Uruguay has already legalized it, while Argentina, Colombia, and Mexico have decriminalized the possession of small amounts. The land of the legendary Lamb's Bread pot strain and the home of ganja icon Bob Marley is in danger of being left behind when it comes to bringing marijuana laws into the 21st Century.

Groups such as the Ganja Law Reform Coalition, the Ganja Future Growers and Producers Association, and the Cannabis Commercial and Medicinal Research Task Force have been urging the government to loosen the island's pot laws not only for the sake of social justice, but also for fear that failure to act will hurt Jamaica's competitiveness in what is foreseen to be an emerging international legal marijuana market.

Now, while they're not getting full legalization, they are getting decriminalization and the opportunity to lay the groundwork for a legal marijuana industry.

"The development is long overdue and comes after years, and, in recent times, heavy pressure from what is now a diverse and broadening group of stakeholders on human rights, social, economic, scientific and medical grounds," cannabis taskforce director Delano Seiveright said in a statement.

For Justice Minister Michael Golding, it's less about social justice than economics. Marijuana law reform could boost the island's already significant tourist industry, he said.

"We need to position ourselves to take advantage of the significant economic opportunities offered by this emerging industry," Golding said.

Kingston
Jamaica

Medical Marijuana Update

California localities continue to deal with medical marijuana, bills are showing up in the states, the Kettle Falls Five want their prosecutions ended, and more. Let's get to it:

Federal

On Monday, a member of the Kettle Falls Five sought dismissal of his federal marijuana case. The widely watched case out of Washington state has been proceeding despite passage of the "CRomnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."

California

On Monday, Berkeley began accepting applications for a fourth dispensary. The deadline for applications is March 20. Click on the link for more details.

On Tuesday, the San Diego city council tightened dispensary rules. The council approved requiring employee background checks and testing of products for mold and pesticides, but didn't move to regulate deliveries or create stricter rules for edibles or concentrates. The rules come as the city's first permitted dispensary is supposed to open in the spring. Numerous un-permitted ones exist, but the city has been trying to shut them down.

Also on Tuesday, the Rancho Cordova city council approved a ban on outdoor grows and indoor grows if children are present. The measure was approved 5-0 and will take effect in 30 days.

Also on Tuesday, the Redding city council decided not to try to prohibit outdoor grows. Councilmembers said they wanted to wait for the state and the federal government to figure out their medical marijuana policies first.

Florida

On Monday, the state chose its medical marijuana rulemakers. The state Office of Compassionate Use has selected a 12-member panel to craft rules for growing and distributing low-THC, high-CBD medical marijuana under a state law passed last year. The panel will meet during the first week of February to set up a regulatory structure for five nurseries that will be selected to grow, process, and distribute the medicine.

Georgia

Last Friday, a CBD medical marijuana bill died. Rep. Allen Peake's House Bill 1, which would have allowed for the use of high-CBD cannabis oil to treat seizures in children, has died before even being introduced. The bill died after Gov. Nathan Deal (R) announced his support for another CBD bill, which is yet to be written.

Hawaii

On Wednesday, the Health Department took over the medical marijuana program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.

Kansas

Last Friday, medical marijuana supporters rallied in Topeka. Several dozen medical marijuana supporters were joined by a pair of Democratic lawmakers at a statehouse rally to call for legalizing the medicinal use of the herb. The two legislators, Rep. Gail Finney (D-Wichita) and Sen. David Haley (D-Kansas City), filed medical marijuana bills prior to the start of this year's legislative session. Similar measures have been filed since 2009, but none of them have made it to the discussion stage in committee.

Minnesota

Last Thursday, a Minnesota Indian tribe okayed a study on medical marijuana. The tribal council for the Red Lake Band of Chippewa Indians has approved a study what economic benefits could accrue to the tribe by allowing the production of medical marijuana and hemp. Tribal leaders weren't interested in recreational marijuana, but saw job growth and economic development opportunities in producing medical marijuana or hemp. The federal government cleared the way for Indian reservations to participate in marijuana business last month, but so far, only one tribe, the Pinole Pomos in Northern California, has announced plans to move forward.

Rhode Island

On Saturday, the state's first vapor lounge opened. Rhode Island patients can now have a place where they can gather and enjoy their medicine together. The Elevated vapor lounge opened in Providence Saturday.

Virginia

As of Wednesday, there were at least three medical marijuana or CBD bills before the legislature. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.

Washington

Last Monday, a state law banning medical marijuana advertising was ruled unconstitutional. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.

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

This Week's Corrupt Cops Stories

A veteran cop gets caught with his hands in the cookie jar, jail guards go wild, and two different ex-cops go to prison for growing marijuana. Let's get to it:

In Prescott Valley, Arizona, a Prescott Valley police commander resigned last Friday as he was being investigated for stealing prescription drugs that had been turned in by the public. Commander Arthur Askew is accused of stealing pills from the drug storage fault in the evidence room, and police had video of him doing it. The department has asked local prosecutors to conduct a criminal review of the case.

In East Madison, Maine, a Somerset County Jail guard was arrested last Friday after an investigation into contraband at the jail. Alexender Jordon, 21, went down after a search warrant executed at his home turned up evidence he had supplied Suboxone strips to one inmate and tobacco products to two others. He is charged with trafficking Suboxone, a felony, and trafficking tobacco, a misdemeanor. At last report, Jordon was residing at his former place of employment.

In Michigan City, Indiana, an Indiana state prison guard was arrested last Saturday after he aroused suspicions during a routine shakedown as he arrived at work. Officer Gordon Dennis's car was then searched, and investigators found two cell phones, a cell phone watch, and a substance that appeared to be synthetic marijuana. He is charged with attempting to traffic with an offender. At last report, he was in the LaPorte County Jail.

In Lutz, Florida, a former Florida state prison guard was arrested Tuesday on charges he allowed inmates on outside work crews to drink, use drugs, and have "conjugal visits in the woods" with prostitutes. Henry Blackwelder went down after one of his favored inmates escaped. Blackwelder didn't report the escape for three hours, but investigators still found empty cans of margarita drinks and malt liquor and empty packages of synthetic marijuana, as well as a blanket used for hook-ups. Blackwelder resigned after the escape, but it later emerged that he was using his work crews and a pair of strippers to smuggle the contraband into the prison. He now faces charges of official misconduct, unlawful compensation for official behavior and smuggling contraband into a state correctional facility. He was released on bail Wednesday.

In Buffalo, New York, a former Buffalo police officer was sentenced last Wednesday to five years in federal prison for running a marijuana-growing operation while he was an officer. Jorge Melendez oversaw a pot-growing operation of more than a thousand plants and sometimes visited it while in uniform. Prosecutors said he made about $80,000 in the two years the grow was in operation, and he agreed to forfeit a Chevy Suburban, a Harley-Davidson motorcycle, a speedboat, and seven firearms. He had copped to one count of conspiracy to grow more than 99 marijuana plants.

In Hagatna, Guam, a former Guam police officer was sentenced last Thursday to eight years in prison for growing marijuana while employed as a cop. Roy Pablo had been arrested as part of an investigation into a grow ring in November 2013 and was convicted on cultivation charges in October.

Chronicle AM: DEA Settles Facebook Suit, WY Decrim Bill Advances, More (1/21/15)

The DEA will pay for using a woman's identity (and photos) to make a fake Facebook page, a Wyoming decrim bill is moving, Virginia is seeing CBD and medical marijuana bills, there's a hemp bill in Florida, the Vera Institute releases a report on New York sentencing reforms, and more. Let's get to it:

A faked Facebook page will cost the DEA $134,000. (facebook.com)
Marijuana Policy

Wyoming Decriminalization Bill Wins Committee Vote. The House Judiciary Committee has approved House Bill 29, which would decriminalize the possession of up to an ounce of pot. Fines would be $250 for less than a half ounce and $500 for more. The bill now awaits a House floor vote.

Medical Marijuana

Kettle Falls Five Defendant Seeks Dismissal in Federal Medical Marijuana Case. The widely watched case out of Washington state has been proceeding despite passage of the "cromnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."

Hawaii Health Department Takes Charges of Medical Marijuana Program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.

Virginia Legislature Sees CBD, Medical Marijuana Bills. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.

Washington State Law Banning Medical Marijuana Advertising Unconstitutional, Court Rules. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.

Hemp

Florida Hemp Bill Filed. Rep. Michelle Rehwinkel-Vasalinda (D-Tallahassee) has introduced a bill that would legalize hemp production in the state. The bill is House Bill 363. Activists with the Florida Cannabis Action Network (CAN) are seeking a Senate sponsor.

Sentencing

Vera Institute of Justice Report on New York Sentencing Reforms. The report examines 2009 reforms to the Rockefeller drug laws that removed mandatory minimums for some drug offenses and expanded eligibility for treatment instead of incarceration. The report found a 35% percent increase in the rate of diversion to treatment; lower rates of re-arrest in such cases; which was associated with lower rates of rearrest, and fewer defendants sentenced to jail, time served, or "split sentence" -- a combination of jail and probation. However, most drug arrests still did not lead to diversion, and implementation varied widely across boroughs.

Law Enforcement

DEA Will Pay $134,000 to Woman It Used in Fake Facebook Page. The Justice Department has settled a civil suit brought against the DEA by a Watertown, New York, woman whose identity and photos were used by a DEA agent to create a fake Facebook page in her name to catch drug fugitives. Sondra Arquiett's phone had by seized by the Agenty Tim Sinnigen during a 2010 drug arrest, and the agent posed as her on Facebook without her consent. "The photographs used by Sinnigen included revealing and/or suggestive photographs of (Arquiett), including photographs of (her) in her bra and panties. Sinnigen also posted photographs of (Arquiett's) minor child and her minor niece to the Facebook page." The Justice Department will pay $134,000 to make this go away.

International

Vietnam Sentences Eight to Death for Heroin Trafficking. Eight people have been sentenced to die for trafficking 416 pounds of heroin in Vietnam. The trial in People's Court in Ho Binh province ended Monday. Six other defendants were sentenced to life in prison, and 17 others jailed for terms ranging from six to 20 years. Vietnam has some of the world's toughest drug laws.

Stratfor's Mexico Cartel Map. The private, Austin-based intelligence concern has released its latest map of Mexican cartel activity. Despite constant changes in the organized crime scene, Stratfor says, cartel activity remains based in three geographic locations: Sinaloa, Tamaulipas, and the Tierra Caliente in Michoacan and Guerrero. Click on the link for more.

Chronicle AM: ME Mj Bills, OH Mj Init, VA Heroin Bills, WY Drug & Asset Forfeiture; More (1/20/15)

State legislative sessions are getting underway, and drug policy-related bills are popping up all over. There's good, bad, and ugly. Let's get to it:

Heroin is on the legislative agenda in a number of states, including Virginia. (wikimedia.org)
Marijuana Policy

Alaska Bill Would Delay Regulations for Marijuana Concentrates. Rep. Paul Seaton (R-Homer) last Friday filed House Bill 59, which would delay regulations for concentrates by up to a year. That conflicts with the language of the marijuana legalization initiative, and has legalization supporters unhappy. Click on the story link for more details.

A Big Batch of Pot Bills in Maine. There are at least 15 marijuana-related bills pending before the state legislature, including one that would legalize, tax, and regulate the weed. Rep. Dianne Russell (D-Portland), sponsor of the legalization bill, is also sponsoring four medical marijuana bills. Another bill, sponsored by the Department of Public Safety, would set a limit on the amount of THC drivers could have in their systems. Click on the link for more detail.

Nebraska Bill Would Make Pot Concentrates a Felony. The state decriminalized pot possession in the 1970s, but a bill being pushed by the state attorney general's office, LB 326, would begin to undo that by making possession of marijuana concentrates not just a misdemeanor, but a felony, punishable by up to five years in state prison. It's been referred to the Judiciary Committee.

Responsible Ohio Lays Out its Vision for Legalization. The group wants to put a constitutional amendment to legalize pot on the November 2015 ballot, and today announced details of its proposal. The initiative would create a Marijuana Control Commission, allow for 10 licensed commercial grows, allow for marijuana manufacturing facilities that would sell only to retailers, allow for nonprofit medical marijuana dispensaries, and would tax marijuana at a 15% rate. Click on either link for more.

Heroin

Virginia Legislature Sees Heroin Bills Filed. At least four bills have been filed that seek to address the toll of heroin addiction and overdoses. House Bill 1638 would make people who provided drugs that resulted in a fatal overdose liable for a second degree murder charge; House Bill 1500 is a limited 911 Good Samaritan bill; House Bill 1458 would expand access to the overdose reversal drug naloxone, and Senate Bill 817 would expand the state's prescription monitoring program to allow probation and parole officers to access the database.

Asset Forfeiture

Wyoming Asset Forfeiture Reform Bill Advances to Senate Floor. A bill that would bar police from seizing people's property unless they are charged with a felony drug crime passed out of the Senate Judiciary Committee Monday and now awaits a Senate floor vote. Senate File 14 drew late opposition from the offices of Gov. Matt Mead (R) and Attorney General Peter Michael (R), which claimed they would have to charge more people with felonies if they couldn't just take their money, but legislators expressed irritation at the late objections when the bill has been in process for months.

Drug Policy

Wyoming Bill Would Lighten Up on Repeated Drug Possession Punishments. Under current law, people convicted a third time in their lives for misdemeanor drug possession face felony penalties. House Bill 109 would change state law to make the felony penalties apply on the forth conviction, and the previous convictions would have to have happened in the past five years, instead of throughout the convict's lifetime, which is current law. There are at least three other bills relating to drug possession before the legislature; click on the title link to read more.

Drug Testing

Montana Food Stamps Drug Testing Bill Filed. Rep. Randy Pinocci (R-Sun River) Monday filed House Bill 200, which would require all applicants for the Temporary Assistance for Needy Families (TANF, the food stamps program) to be screened for evidence of drug abuse. Those whose screening suggests a possible issue would be required to undergo a drug test. People who test positive for drugs wouldn't be allowed to receive benefits unless they agreed to complete a 30-day drug treatment program.

Harm Reduction

Michigan Cops Start Carrying Overdose Reversal Drug. Deputies in Oakland County have begun carrying naloxone opioid overdose reversal kits in a bid to reduce overdoses. That was made possible by the passage last year of Senate Bill 1049, which allowed law enforcement agencies to distribute the drug to police who have been trained to use it.

International

German Cops Tired of Messing Around With Small Time Drug Crimes. The country's police union is calling for "soft" drug offenses and other minor crimes to be decriminalized so police can focus on serious crime and terrorism. German police are also faced with shrinking numbers due to mandatory retirement of officers.

Chronicle AM: NY Pot Legalization Bill, DEA Gathered Metadata, Indonesia Executions Reaction, More (1/19/15)

New York has a marijuana legalization bill, New Hampshire ponders a study of legalization, Rhode Island patients get a vapor lounge, the DEA has another means of surveilling Americans, Indonesia's resort to the death penalty for drugs stirs controversy, and more. Let's get to it:

The beach at Bali. Indonesia is a major tourist destination, but also has the death penalty for drug offenses. (wikimedia.org)
Marijuana Policy

New York Legalization Bill Filed. State Sen. Liz Krueger (D-Manhattan) has filed a bill to legalize marijuana. SO1747 would allow for the taxation and regulation of marijuana commerce. Notably, it also sets the age for legal marijuana use at 18, instead of the more common 21.

New Hampshire Hearing on Legalization Study Committee. A bill that would establish a study committee on marijuana legalization got a hearing today. The bill is HB 150.

Medical Marijuana

Florida Chooses Medical Marijuana Rulemakers. The state Office of Compassionate Use has selected a 12-member panel to craft rules for growing and distributing low-THC, high-CBD medical marijuana under a state law passed last year. The panel will meet during the first week of February to set up a regulatory structure for five nurseries that will be selected to grow, process, and distribute the medicine.

Rhode Island's First Vapor Lounge Opens. Rhode Island patients can now have a place where they can gather and enjoy their medicine together. The Elevated vapor lounge opened in Providence Saturday.

Asset Forfeiture

Colorado Bill Would End Civil Forfeiture. Freshman state Sen. Laura Woods (R-Arvada) has filed a bill that would stop police from seizing assets unless the owner is convicted of a crime. Senate Bill 2015-006 would end civil forfeiture without a conviction unless there is a settlement with all parties, including the owner, to agree to give up the property. Woods said the bill is an effort to block "policing for profit."

Law Enforcement

DEA Kept Secret Metadata Database. The DEA kept a secret database of telephone metadata -- entirely separate from the NSA program revealed by Edward Snowden -- covering calls between parties in the US and ones in other countries. The information, contained in a three-page,partially-redacted affidavit from a top DEA official, was revealed in a court filing last week in a case involving trade with Iran. The DEA used "administrative subpoenas" authorized under a federal drug trafficking statute to collect the data. The program was ended in 2013. Click on the link for much more detail.

International

Fury as Indonesia Executes Six Drug Traffickers, Including Five Foreigners. As promised by President Joko Widodo, Indonesia put to death six convicted drug traffickers Sunday, including citizens of Brazil, Malawi, Nigeria, the Netherlands, and Vietnam. Brazil and the Netherlands reacted angrily, with both countries recalling their ambassadors from Jakarta. Brazilin President Dilma Roussef said she was "distressed and outraged" after Indonesia ignored her last minute plea for clemency. "Using the death penalty, which is increasingly rejected by the international community, seriously affects relations between our countries," the Brazilian government said in a statement. The Dutch government called the executions "terribly sad" and emphasized that it remains opposed to the death penalty. But President Widodo defended the executions in a Facebook post: "The war against the drug mafia should not be half-hearted measures, because drugs have really ruined the good life of the drug users and their families," he said.

Utah Man Killed in Drug Bust Scuffle

A man was shot and killed by a West Valley City, Utah, police officer who was attempting to arrest him on drug charges Wednesday. Jeffrey Nielson, 34, becomes the first person to die in US domestic drug law enforcement operations so far this year.

This is the fifth year the Drug War Chronicle has tallied drug war deaths. There were 54 in 2011, 63 in 2012, 41 in 2013, and 39 in 2014.

According to the Salt Lake Tribune, citing police sources, a West Valley City police officer on his way to work Wednesday morning noticed a "suspicious" black SUV with a man slumped over the wheel. The officer called Draper police for backup, and two more officers arrived minutes later.

The officers were about to arrest Nielson on suspicion of a narcotics violation when he broke free and produced a butcher knife while still inside in the SUV.

"When the struggle ensues inside the cab of the [SUV], there's [four] officers on the driver's side attempting to take the gentleman back out of the car," Draper Deputy Police Chief John Eining said. "And that's when the knife is produced."

One of the officers then fired multiple shots, killing Nielson.

Eining said that while an investigation is ongoing, the officers "did everything they could do in this situation" and acted appropriately.

"We have an officer that recognized a threat and within seconds, he had to identify the threat, and the danger that that person posed to the other officers involved, and had to act on that threat," Eining said. "And again, this is an incident that involved deadly force by a suspect, and was met by deadly force by an officer."

Eining said drugs were found, but he did not say what kind or in what quantity.

Nielson had a lengthy criminal record, including previous drug convictions.

Draper, UT
United States

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