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Canada's Largest Addiction Center Calls for Marijuana Legalization

In a report issued today, Canada's largest addiction center called for marijuana legalization with a strict regulatory approach. The recommendation is based in harm reduction principles.

The Center for Addiction and Mental Health (CAMH) in Toronto made the call for legalization in its report Cannabis Policy Framework. It comes after an in-depth analysis of the health, social, and legal implications of marijuana use, as well as an examination of comparative marijuana policy, by CAMH scientists and policy experts.

"Canada's current system of cannabis control is failing to prevent or reduce the harms associated with cannabis use," said Dr. Jürgen Rehm, Director of the Social and Epidemiological Research Department at CAMH. "Based on a thorough review of the evidence, we believe that legalization combined with strict regulation of cannabis is the most effective means of reducing the harms associated with its use."

The report found that 40% of Canadians have used marijuana at least once and 10% have used it in the past year. Among people aged 15 to 24 that figure jumps to 20%.

CAMH does not view marijuana as a benign substance and thus calls for a very strong regulatory approach.

"Cannabis use is associated with a variety of health harms like problems with cognitive and psychomotor functioning, respiratory issues, cannabis dependence and mental illness," Rehm said. "For this reason, any reform of Canada's system of cannabis control must include a strong focus on prevention and a range of interventions aimed at groups that are at higher risk of harm, including youth and people with a personal or family history of mental illness."

But CAMH also clearly recognizes the harm derived from marijuana prohibition. The group noted that criminalization doesn't deter use, but does drive users away from prevention, risk reduction, and treatment services, as well as exposing them to non-quality controlled substances.

CAMH is calling for a government monopoly on sales, as well as other restrictions.

"Legalization of cannabis must be governed by strict regulations that ensure it is not sold like other commodities," Rehm said. "This would include a government monopoly on sales, limits on availability, a pricing system that discourages use of higher-harm products, and a ban on marketing."

Canada's governing Conservatives have proven extremely averse to marijuana law reform and have, in fact, moved in the opposite direction through measures such as instituting mandatory minimum sentencing for some marijuana cultivation offenses. The leader of the opposition Liberal Party, Justin Trudeau, on the other hand, is calling for marijuana legalization. National elections are set for next year.

"We've known for a long time that the existing approach to cannabis policy is not working," said Dr. Rehm. "We want this framework to add to an informed discussion about the future of cannabis policy and to serve as a guide to the factors that need to be considered in order to come to a solution that is the most beneficial for public health. We believe that the best solution is a system of legalization combined with strict regulation of cannabis."

Toronto
Canada

Medical Marijuana Update

California cultivation fights continue, it's nail-biting time for the Florida initiative, Colorado wants to tweak its system, a Pennsylvania bill appears stalled for now, and more. Let's get to it:

California

Last Friday, a Fresno County court again upheld the county's ban on medical marijuana cultivation. The ACLU of California had challenged the county ordinance banning grows and has now been shot down for a second time. Now, the group can either pursue other related actions or file an appeal in the Fifth District Court of Appeal. The county ordinance fines violators $1,000 per plant.

On Tuesday, the ACLU of California came out against Shasta County's proposed ordinance to ban outdoor marijuana cultivation and impose new restrictions on indoor grows. The ordinance is Measure A on the November ballot. The ACLU is the first statewide group to weigh in on the measure.

Colorado

Last Wednesday, a state legislative panel recommended tightening up on medical marijuana. The Marijuana Revenues Interim Committee recommended filing legislation that would tighten up the medical marijuana caregiver system and clarify that local governments can collect taxes on recreational marijuana. The bill would require all primary caregivers to register with the state. Officials fear that their inability to track caregiver grows under the present system is helping the black market. The bill would limit caregivers to six plants per patient and limit patients to one care giver. Medical marijuana supporters questioned why a committee charged with revenue issues was concerning itself with medical marijuana laws.

Florida

On Wednesday, a new SurveyUSA poll had support for the medical marijuana initiative at 51%. Because the initiative, Amendment 2, is in the form of a constitutional amendment, it needs 60% to pass. Consecutive SurveyUSA polls in the past month have showed support declining. In the last four weeks, support has dropped from 56% to 53% to 52% and now 51%. Some 15% were undecided. If the poll is correct, the undecided would have to break two-to-one in favor of the initiative for it to pass.

Pennsylvania

On Monday,officials announced that a medical marijuana pilot program was getting underway. Three children's hospitals and the Department of Health are doing a research study on the use of CBD cannabis oil in children. The project, announced in May, is now underway. A broader, but still restrictive, medical marijuana bill has passed the Senate and awaits a vote in the House.

On Tuesday, a pending medical marijuana bill got a House committee assignment. The bill, Senate Bill 1182, passed the Senate last month, but is being slowed down by Republicans in the House. It was assigned to the House Judiciary Committee Tuesday, but Republican members said it would have to have at least two public hearings before going to a committee vote. With only four working days left in the legislative session, that isn't going to happen this year.

South Carolina

Last Thursday, a panel studying medical marijuana met. A joint legislative panel studying the uses of medical marijuana in the state met at the Medical University of South Carolina. It's the first of three meetings to be held around the state to gather information. The state last year approved a CBD cannabis oil bill; these meetings are designed to help lawmakers gather information and refine the state's marijuana and hemp laws.

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

This Week's Corrupt Cops Stories

A suburban St. Louis cop spoils his department's first day in operation, a Minnesota jail guard gets charged with slinging meth, and Denver cops have to pay out big time for a bad drug raid. Let's get to it:

In New Flordell Hills, Missouri, a New Flordell Hills police officer was arrested last Wednesday< on charges he was pilfering pills from the evidence room. Officer Jeremy admitted stealing the tranquilizer after he was involved in a crash the following day and the pills were found in his possession. He is charged with stealing and possessing a controlled substance, and has now resigned. It was the first day for the new suburban St. Louis police force.

In Minneapolis, a Hennepin County jail guard was indicted last Friday on charges he was part of a methamphetamine trafficking conspiracy. Guard Ashley Mariakas, 26, was one of 11 people indicted in the case, which involved the distribution of 26 pounds of meth. Mariakas is charged with one count of conspiracy to distribute meth and two counts of actual distribution. She is not accused of peddling meth at the jail.

In Denver, a jury awarded $1.8 million to a family in a wrongful prosecution case on September 26. The case stemmed from a 2009 raid on a home previously occupied by drug dealers and prostitutes, but into which a new family had moved. Denver Police entered the home without a warrant, then arrested the family on trumped up charges of interference with a police officer and misdemeanor assault. All the charges were later dropped.

Chronicle AM: Carl Sagan Pot Papers Released, Supreme Court Takes Up Highway Drug Dog Detentions, More (10/8/14)

The Library of Congress unveils writings on marijuana and drug reform from astronomer Carl Sagan, pot pops up in the Oklahoma Senate race, the Supreme Court will take up the issue of how long police can detain someone on the side of the road waiting for a drug dog, the "Baby Bou Bou" SWAT raid case isn't over yet, and more. Let's get to it:

Carl Sagan
Marijuana Policy

Marijuana Policy Pops Up in Oklahoma US Senate Race. Even in Oklahoma, though that is not really a big surprise, given that Democratic contender state Sen. Constance Johnson is a leading Sooner advocate for legalization. At a debate in Stillwater with Republican contender US Rep. James Lankford, Johnson surprised no one by standing by her well-known position on pot. And Lankford surprised no one by opposing it. Click on the link to get some flavor.

Carl Sagan's Writings on Marijuana, Drug Policy in New Library of Congress Exhibit. The Library of Congress in Washington, DC, has made available to the public a huge trove of astronomer and PBS "Cosmos" host Carl Sagan's papers relating to marijuana and drug policy. Sagan was a proponent of marijuana and drug reform, and Tom Angell of Marijuana Majority has penned a nice piece about the collection and its release. Click on the title link to read it.

Medical Marijuana

Pennsylvania Restrictive Medical Marijuana Bill Gets House Committee Assignment. The bill, Senate Bill 1182, passed the Senate last month, but is being slowed down by Republicans in the House. It was assigned to the House Judiciary Committee Tuesday, but Republican members said it would have to have at least two public hearings before going to a committee vote. With only four working days left in the legislative session, that isn't going to happen this year.

Law Enforcement

Supreme Court to Rule on Roadside Detention of Motorists While Cops Await Arrival of Drug Dogs. How long can police hold a driver on the side of the road while waiting for a drug dog to arrive to do a sniff (which the Supreme Court considers not a search)? The US Supreme Court agreed yesterday to take up a case that could decide that issue. In the case, a Nebraska man was stopped for an alleged traffic infraction and ticketed by the officer 21 minutes later. But he remained detained by the officer for another six minutes, until backup arrived. The officer then used the dog to sniff the car, the dog alerted, a search ensued, and methamphetamine was found. The man pleaded guilty, but appealed, saying his detention after the ticket was written amounted to an unreasonable search and seizure under the Fourth Amendment. Oral arguments will be presented early next year. The court opinion will likely be announced by June 2015.

Family of Toddler Burned in Georgia SWAT Drug Raid Seeks Federal Charges. After a Georgia grand jury declined to indict any police officers in the botched drug raid that left toddler Bounkham "Baby Bou Bou" severely injured when a SWAT officer through a flash-bang grenade in his play pen, his family is seeking a meeting this week with federal prosecutors in hopes of getting federal charges filed. While the local grand jury failed to indict, it was highly critical of law enforcement practices in the case. "There should be no such thing as an emergency narcotics investigation," the jurors wrote in their report. Georgia US Attorney Sally Quillian Yates said in a statement that her office is looking into it. "Federal authorities have been participating in the investigation of this terrible incident, and now that a state grand jury has declined to return an indictment. We will review the matter for possible federal charges," said Yates.

International

Bolivian Presidential Candidates on Drug Policy. The PanAm Post has a nice analysis of the drug policy positions of the various candidates in the Bolivian presidential elections set for Sunday. While sitting President Evo Morales has won kudos for his coca policies, he has not undertaken any broader reform initiatives, such as drug decriminalization or legalization. Neither have any of the other candidates. The candidates are united in their "prohibitionist insanity," the article notes. Morales is expected to be reelected.

El Chapo Guzman Indicted in New York for Murders. Mexico's imprisoned Sinaloa cartel leader, Joaquin "El Chapo" Guzman, has been indicted for 12 murders in an indictment issued by a federal grand jury in Brooklyn. He and his successor, Ismael "El Mayo" Zambada, were also charged with money-laundering more than $14 billion in drug profits. But don't look for him to be heading for New York any time soon; he faces numerous charges in Mexico, as well.

Mexican Drug Gang Hit Men Linked to Mass Murder of Student Teachers in Guerrero. The attorney general for the state of Guerrero said Tuesday that some of the 44 rural teachers' college students who went missing last week after clashing with police in the city of Iguala were probably executed by drug traffickers working with crooked police. Two men who identified themselves as members of the Guerreros Unidos drug gang have supposedly confessed to killing at least 17 of them. Authorities have found a mass grave containing 27 bodies. The state attorney general said it appeared local police arrested the students, then handed them over to the hit men. The students were said to be political radicals and had been protesting against local officials. This sort of repressive political violence is nothing new in Guerrero, but the mass murder is one of the largest in recent Mexican history.

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

Chronicle AM: Dallas to Stop Marijuana Arrests, Rick Steves Campaigns, DEA Agent Makes Fake Facebook Page, More (10/7/14)

It's crunch time for those marijuana initiatives, Dallas will quit making small-time pot arrests, Colorado's governor disses the voters, Pennsylvania's medical marijuana bill is stalled, and more. Let's get to it:

Marijuana Policy

Dallas to Quit Arresting People for Small-Time Marijuana Possession. Starting in January, police in Dallas County, Texas, will only ticket -- not arrest -- people caught in possession of two ounces or less of marijuana. But those cited will still face misdemeanor charges, a fine of up to $2,000 and up to six months in jail (though that is rarely the case). The state legislature in 2007 voted to allow jurisdictions to implement cite-and-release, but only a handful of locales in the state have exercised that option.

Legalization Initiative Campaign Kicks Off in Lewiston, Maine. The campaign to legalize marijuana locally through ballot initiatives in Lewiston and South Portland, Maine, kicked off its final month of electioneering with a rally today in Lewiston. The effort is led by the Marijuana Policy Project and is part of a plan to legalize the herb statewide in the near future. Portland, the state's largest city, passed a similar initiative last year.

Rick Steves Hits the Road for the Oregon Legalization Initiative. The charming and mild-mannered PBS travel show host is kicking off a 9-stop tour in support of Measure 91. Steves, who lives in next-door Washington state, also played a critical role in that state's successful 2012 legalization initiative.

DC Council Votes to Strengthen Law to Seal Records for Past Marijuana Arrests. The DC Council voted unanimously today in favor of a bill that would improve the process by which a person can seal criminal records pertaining to conduct that has since been decriminalized or legalized. The council is expected to take a final vote on the bill in late October and it will then go to Mayor Vincent Gray for his review. The council decriminalized marijuana possession earlier this year, and the Measure 71 possession and cultivation legalization initiative appears poised to pass in November.

Colorado Governor Says Voters Were "Reckless" to Legalize Marijuana. Gov. John Hickenlooper (D) said during a campaign debate with Republican challenger Bob Beauprez that Colorado voters were "reckless" for voting to legalize marijuana. "Any governor that looks at doing this before we see what the consequences are, I would view it as reckless," he said. But what about voters who voted for it? "I think for us to do that without having all the data, there is not enough data, and to a certain extent you could say it was reckless. I'm not saying it was reckless because I'll get quoted everywhere, but if it was up to me I wouldn't have done it, right. I opposed it from the very beginning. In matter of fact, all right, what the hell -- I'll say it was reckless." Hickenlooper may call voters "reckless," but he has overseen the good faith implementation of the voters' will. Beauprez opposes marijuana legalization.

Medical Marijuana

Pennsylvania Medical Marijuana Bill Appears Stalled in House. The state Senate last month passed a restrictive medical marijuana bill, Senate Bill 1182, but even that appears to be too much for the Republican-controlled House. Spokesmen for House Majority Leader Mike Turzai (R-Allegheny County) said the body wants to carefully study the bill, including holding public hearings. That means there is virtually no chance it will come to a vote this session. But some Democrats have some legislative maneuvers planned, including trying to attach it to another bill, so stay tuned.

Law Enforcement

Grand Jury Fails to Indict Cops in "Baby Bou Bou" Georgia SWAT Raid. A grand jury in Habersharm County has decided against charging any police officers in a botched drug raid in which a toddler was severely injured by a flash-bang grenade thrown by a SWAT officer. "Baby Bou Bou" Phonesvanh's nose was nearly blown off his face and he spent weeks hospitalized after the raid, in which no drugs were found and no one was arrested. The county has also refused to pay the child's medical bills. Look for a civil suit to come.

DEA Agent Set Up Fake Facebook Page in Woman's Name Without Her Consent. A DEA agent investigating a drug case took over a woman's identity, creating a fake Facebook page in her name and posting racy photos from her seized cell phone. The woman was a minor player in a drug case and didn't know her identity had been commandeered until friends asked her why she was posting racy photos. The woman hadn't even set up a Facebook page of her own. DEA Agent Timothy Sinnigen set up the fake page and used it to communicate with at least one drug suspect. Now, the Justice Department is arguing in federal court that it was perfectly okay for him to do so. Click on the link to read the whole sordid tale.

Sentencing

Ten Percent Drop in Federal Prison Sentences of a Year or More. The Transactional Records Access Clearinghouse (TRAC) at Syracuse University reports that the number of federal prison sentences of a year or more has dropped by 10% over the past five years. Only about one in four people convicted of federal crimes received sentences of greater than a year. Drug offenders accounted for nearly one-third (32.4%) of them. The TRAC data doesn't specify whether this figure has gone up or down in the past five years.

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

Chronicle AM: NY Times Backs Marijuana Initiatives, UK Lib Dems Approve Drug Reforms, More (10/06/14)

The nation's leading newspaper endorses three marijuana legalization initiatives, the FDA sticks up for Zohydro, British Lib Dems endorse drug reforms as a new British poll suggests growing public support, Ecuador begins freeing drug mules under a new law, and more. Let's get to it:

Marijuana Policy

New York Times Endorses Alaska, Oregon, DC Legalization Initiatives. The editorial board of the New York Times endorsed all three initiatives in a Sunday editorial. The newspaper of record noted that all three entities had already legalized medical marijuana, and it "makes good sense" to go the rest of the way. "Opponents of legalization warn that states are embarking on a risky experiment," the newspaper said. "But the sky over Colorado has not fallen, and prohibition has proved to be a complete failure. It's time to bring the marijuana market out into the open and end the injustice of arrests and convictions that have devastated communities."

Oregon Legalization Campaign Gets Another $300,000 Donation. The Drug Policy Action Network, the campaign and lobbying arm of the Drug Policy Alliance, has kicked in another $300,000 for the Measure 91 legalization campaign. That means the group has now donated nearly a million dollars to the campaign, which has raised nearly $3 million overall.

Medical Marijuana

Pennsylvania Medical Marijuana Pilot Program Gets Underway. Three children's hospitals and the Department of Health are doing a research study on the use of CBD cannabis oil in children. The project, announced in May, is now underway. A broader, but still restrictive, medical marijuana bill has passed the Senate and awaits a vote in the House.

Drug Policy

Poll Finds Most See Drug Addiction as Moral Failing. Most Americans consider drug addiction a personal vice rather than a medical condition, according to a new poll from the Johns Hopkins Bloomberg School of Public Health. Respondents were much more likely to approve of helping people with mental illness than with drug addictions, the poll found. "While drug addiction and mental illness are both chronic, treatable health conditions, the American public is more likely to think of addiction as a moral failing than a medical condition," study leader Colleen Barry, an associate professor in the department of health policy and management, said in a Hopkins news release. "In recent years, it has become more socially acceptable to talk publicly about one's struggles with mental illness. But with addiction, the feeling is that the addict is a bad or weak person, especially because much drug use is illegal," she added.

Prescription Opiates

FDA Responds to Critics on Zohydro. Responding to months of criticism over its decision to approve the prescription opiate pain reliever Zohydro ER, a trio of Food and Drug Administration (FDA) officials have written a piece in the Journal of the American Medical Association saying approval of the drug was warranted and criticism of the agency was misguided. Concentrating on one drug during a time of heightened concern over opiate misuse does not address the underlying problems of widespread misuse and physician overprescribing, they write. "The problem of opioid overdose demands well-informed policies. The actions taken by FDA may help to reverse the epidemic," they wrote. "Policies that focus on a single drug can divert focus from broader, further-reaching interventions… The concerns over Zohydro ER should be seen in the greater context of the opioid epidemic. Singling out one drug for restrictions is not likely to be successful."

International

British Liberal Democrats Approve Drug Reform Platform. The Lib Dems, junior partners in a coalition government with the Conservatives, Sunday approved a drug policy plank that calls for the decriminalization of drug possession and for the tightening of laws allowing police to stop and search people suspected of drug crimes. That puts them at odds with their coalition partners. The Lib Dems have presented their drug policy platform within the broader context of reducing crime, which has been going down, and reducing re-offending.

Poll Finds Most British Think Drug War a Huge Failure. A new Guardian poll finds that 84% think the war on drugs cannot be won, with 39% supporting the decriminalization of drug possession and a slight majority (52%) supporting marijuana legalization initiatives like those in Colorado and Washington. Click on the poll link for much more detail and discussion.

Ecuador Freeing Thousands of Drug Mules. Under a law that went into effect in August, Ecuador has begun quietly freeing thousands of people convicted of low-level cocaine smuggling offenses. The new law retroactively reduced jail sentences for drug mules, with some 500 already freed and at least another 2,200 to follow. The sentence reductions come only after a court hearing, which the prisoner must request. President Rafael Correa's father spent three years in a US prison as a drug mule.

UNODC Head Says Drug Legalization Could Cause More Deaths. Yuri Fedotov, head of the UN Office on Crime and Drugs (UNODC), said today that drug legalization could lead to increased consumption and more deaths. He was responding to a report last month from the Global Commission on Drug Policy that called for "experiments in legally regulating markets in currently illicit drugs," which he rejected. "I believe that such experimentation certainly will make drugs more available and (cheaper)," Fedotov said. "It means that we may face increased consumption of psychoactive substances which may result in more death and more suffering of individuals (and) their families."

Georgia Homeowner Killed in Fruitless Drug Raid

A Georgia SWAT team shot and killed an armed homeowner during a September 24 drug raid sparked by the word of a self-confessed meth addict and burglar who had robbed the property the previous day. No drugs were found. David Hooks, 59, becomes the 34th person to die in US domestic drug law enforcement operations so far this year.

According to WMAZ TV 13, Laurens County sheriff's deputies with the drug task force and special response team (SWAT team) conducted a no-knock search on Hooks' home in East Dublin on the evening of the 24th. When the raiders burst through the back door of the residence, they encountered Hooks carrying a shotgun. Multiple deputies opened fire, shooting and killing Hooks.

According to his family, Hooks was not a drug user or seller, but was a successful businessman who ran a construction company that, among other things, did work on US military bases. Hooks had passed background checks and had a security clearance.

The search warrant to raid Hooks' home came about after a local meth addict named Rodney Garrett came onto the property two nights earlier and stole one of Hooks' vehicles. Garrett claimed that before he stole the vehicle, he broke into another vehicle on the property and stole a plastic bag. Garrett claimed he thought the bag contained money, but when he later examined it and discovered it contained 20 grams of meth and a digital scale, he "became scared for his safety" and turned himself in to the sheriff's office.

Hooks' family, however, said that Garrett had been identified as the burglar and a warrant issued for his arrest the day after the burglary. He was arrested the following day; the raid happened that same night.

Garrett's claims were the primary basis for the search warrant. But investigators also claimed they were familiar with the address from a 2009 investigation in which a suspect claimed he had supplied ounces of meth to Hooks, who resold it. Nothing apparently ever came of that investigation, but the five-year-old uncorroborated tip made it into the search warrant application.

And it was enough to get a search warrant from a compliant magistrate. Hooks family attorney Mitchell Shook said that even though the warrant was not a no-knock warrant, the Laurens County SWAT team did not announce its presence, but just broke down the back door of the residence.

Shook said David Hooks' wife, Teresa, looked outside and saw people with hoods on the evening of the raid and woke up her husband. Fearing the burglar or burglars who had struck two nights earlier had returned, Hooks armed himself.

"David and Teresa were under the impression that the burglars were back and that a home invasion was imminent," the family said in a statement. "David armed himself to protect his wife and his home. Despite the fact that the illegal search warrant did not have a 'no knock' clause, the Drug Task Force and SRT members broke down the back door of the family's home and entered firing in excess of 16 shots. These shots were from multiple firearms and from both 40 caliber handguns and assault rifles. Several shots were fired through a blind wall at David with the shooters not knowing who or what was on the other side of the wall. The trajectory of the shots, coupled with the number of shots infers a clear intent on behalf of the shooters to kill David Hooks."

"The task force and the SRT members broke down the back door of the family's home and entered, firing an excessive sixteen shots. There is no evidence that David Hooks ever fired a weapon" said Shook.

Nor was there any evidence he was involved in drugs. As Shook emphasized, after the shooting, the Georgia Bureau of Investigation conducted an intensive 44-hour search of the property and came up with not one item of contraband.

Hooks' family is called on the Laurens County district attorney to do its own investigation of the killing after he receives the GBI's report and "take whatever action the law and justice demands." It is also calling on Sheriff W.A. "Bill" Harrell to immediately suspend all the officers involved until the investigations and any prosecutions are settled.

East Dublin, GA
United States

Chronicle AM: CO MedMJ Crackdown, Heroin ODs Up, Mexican Soldiers Charged in Massacre, More (10/2/14)

A Colorado legislative panel wants to tighten up on medical marijuana, a South Carolina legislative panel studies medical marijuana, the CDC says heroin overdoses are up, a North Carolina county engages in more drug war same old-same old, and there's news from Mexico, too. Let's get to it:

cooking heroin (wikimedia.org)
Medical Marijuana

Colorado Lawmakers Want to Crack Down on Medical Marijuana. A state legislative panel, the Marijuana Revenues Interim Committee, yesterday recommended filing legislation that would tighten up the medical marijuana caregiver system and clarify that local governments can collect taxes on recreational marijuana. The bill would require all primary caregivers to register with the state. Officials fear that their inability to track caregiver grows under the present system is helping the black market. The bill would limit caregivers to six plants per patient and limit patients to one caregiver. Medical marijuana supporters questioned why a committee charged with revenue issues was concerning itself with medical marijuana laws.

South Carolina Medical Marijuana Panel Meets Today. A joint legislative panel studying the uses of medical marijuana in the state is meeting at the Medical University of South Carolina today. It's the first of three meetings to be held around the state to gather information. The state last year approved a CBD cannabis oil bill; these meetings are designed to help lawmakers gather information and refine the state's marijuana and hemp laws.

Heroin and Prescription Opiates

CDC Report Says Heroin Overdose Death Rate Doubled. A new report from the Centers for Disease Control and Prevention finds that the heroin overdose death rate doubled between 2010 and 2012 in the 28 states covered in the report, but that twice as many people died from prescription opiate overdoses. The study says two things appear to be driving the increase in heroin overdoses: widespread exposure to prescription opiates and increasing rates of opiate addiction, and easier availability of heroin. Click on the link for more details.

Law Enforcement

Craven County, NC, Makes Penny-Ante Drug Roundup. After a "two-month investigation," the Craven County Narcotics Unit and the New Bern Police Narcotics Unit (CNET-the Coastal Narcotics Enforcement Team) rounded up 16 drug suspects this week, but the charges are less than impressive. Of the 16 people arrested in the big bust, five were charged only with possession of drug paraphernalia (which was also tacked onto nearly everyone else's charges, too), two were charged solely with failure to appear in court, and one was charged with possession of marijuana in jail. Five were charged with "possession with intent to sell" various drugs and one with "possession with intent to sell" marijuana. One person was charged with possession of meth precursors. Of the 16 arrested, only one was arrested on an actual drug trafficking charge.

International

Mexican Special Forces Grab Beltran-Leyva Cartel Head. Hector Beltran Leyva, head of the Beltran Leyva cartel since his brother Arturo was killed by Mexican marines in 2009, was captured at a San Miguel de Allende restaurant yesterday. It's another coup against the cartels for the government of President Enrique Pena Nieto, which has also captured Sinaloa cartel head Joaquin "El Chapo" Guzman and at least two leaders of the feared Zetas cartel.

Three Mexican Soldiers Charged With Murder in Massacre of 22. Mexican Attorney General Jesus Murillo Karam announced late Tuesday that three soldiers have been charged with homicide in the shooting deaths of 22 people killed in Mexico state on June 30. The military originally said they were cartel members who died in a shoot-out with troops, but witnesses described them being executed after surrendering. Just last week, the Defense Ministry had charged eight of the soldiers with crimes against military justice.

Help Track Candidates' Positions on "Vote For Marijuana" Web Site

StoptheDrugWar.org has teamed up with Vote For Marijuana, a new web site that's building a database of all state and federal politicians and their public statements/votes/pledges related to marijuana policy. We hope you'll join the team by submitting information from your local races on the site.

Vote For Marijuana's goal (and ours) is to enable any voter to see all the local politicians running for (and holding) office, and what each politician has said and done about ending or continuing marijuana prohibition and its parts. For that we need activists from each state to help.

Visit http://www.voteformarijuana.net/getinvolved to learn how to become a Vote For Marijuana moderator in your home state, or just check out the front end and see what the system already knows about your local politicians!

Medical Marijuana Update

A new study punctures some myths about medical marijuana in California, Connecticut's dispensaries finally open for business, the Illinois program is moving along, and more. Let's get to it:

California

On Monday, a survey found that 5% of adult Californians have used medical marijuana. The survey from the Public Health Institute in Sacramento, which will appear in the journal Drug and Alcohol Review, also found that, contrary to popular belief, it mostly is sick people using medical marijuana: "It is clear that (California law) is helping people who are sick and use medical marijuana to treat serious medical conditions… Our study contradicts commonly held beliefs that medical marijuana is being overused by healthy individuals… under the pretense that they have a serious medical condition and that they 'need' marijuana to treat it."

Colorado

On Tuesday, the state Supreme Court heard a patient's wrongful firing lawsuit. The state Supreme Court is hearing arguments in the case of Brandon Coats, a quadriplegic who worked for the Dish Network until he was fired four years ago for testing positive for marijuana. Dish Network argues that even though medical marijuana is legal under state law, it is still illegal under federal law, and the firing was thus justified.

Connecticut

Last week, dispensaries finally opened for business. The state's first licensed grower sent its first shipment this week to dispensaries, which promptly began selling it to qualified patients. All six dispensaries in the state should be open this week.

Florida

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

Guam

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

Illinois

Last Wednesday, state officials said more than 350 people had applied for medical marijuana business permits. Some 158 people applied as potential cultivation centers, while 211 applied to operate dispensaries. The state will grant 21 grow center permits and 60 dispensary permits by year's end, with the first legally obtainable medical marijuana available by spring 2015.

Last week, the first Illinois patients got their registration cards. Jim Champion, an Army vet who suffers from multiple sclerosis, was apparently the first Illinois patient to get his medical marijuana card. His came last week. He is the first of more than 2,000 Illinois residents who have applied under the state's new law.

New York

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

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

Pennsylvania

Last Wednesday, the state Senate approved a restrictive medical marijuana bill. The state Senate approved Senate Bill 1182, after amending it to remove the ability to vaporize the plant and removing a large number of qualifying medical conditions. The bill now goes to the House.

Rhode Island

This coming Saturday, it's the second annual Rhode Island Medical Marijuana Festival. The Rhode Island Patient Advocacy Coalition is hosting the festival to celebrate the eighth year of the state's medical marijuana program. Click on the link for more details.

Wisconsin

On Monday, activists targeted obstructionist lawmakers with billboards. Sick and tired of seeing bills blocked in the state legislature, medical marijuana activists are targeting two key opponents, Republican state Sens. Mary Lazich and Leah Vukmir, in a newly unveiled billboard campaign. The billboards urge readers to call the two senators and ask them why Wisconsin patients have no access to medical marijuana. Click on the link to see the billboard.

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

This Week's Corrupt Cops Stories

A Florida police chief gets caught with online pills, a North Carolina jail guard gets caught peddling pills, a former Pennsylvania cop heads to the slammer for cooking meth, and a Seattle-area former deputy gets even more prison time for lying during sentencing. Let's get to it:

In Atlantic Beach, Florida, the former police chief was arrested Tuesday on numerous drug charges just a week after he resigned in the middle of a state investigation. Former Chief Michael Classey went down after federal Homeland Security agents told the Florida Department of Law Enforcement they had intercepted a package of drugs from India addressed to Classey. He was arrested when he went to pick up the package, and a subsequent police search of his home turned up more drugs. He is now charged with 18 counts of possession of a controlled substance without a prescription, one count of trafficking in a controlled substance, one count of tampering with or fabricating physical evidence and one count of possession of drug paraphernalia.

In Charlotte, North Carolina, a York County jail guard was arrested last Friday after he was seen selling prescription drugs in a gas station parking lot. Guard John Strait allegedly admitted he stole Xanax pills from family members. He is charged with distribution of a controlled substance and is now out on bail. And looking for a new job.

In Brookville, Pennsylvania, a former Brookville police officer was sentenced last Thursday to five years in state prison for running a meth lab. April Ann Novak was convicted of criminal conspiracy to manufacture a controlled substance and manufacturing methamphetamine.

In Seattle, a former King County sheriff's deputy was sentenced Tuesday to more prison time after he was found to have lied during his sentencing hearing. Darion Holiwell had been convicted in August of pimping his estranged wife, stealing ammunition from the department, and dealing drugs and was sentenced to a year in prison. During his original sentencing hearing, Holliwell's lawyer told the court the ex-deputy was broke, but investigators found that he had just cashed in a $180,000 retirement package. That earned him an additional five months in the clink.

Chronicle AM: Decrim in Jamaica/MD/Philly, Chris Christie Talks Drugs, PA ODs Bill, More (10/1/14)

Decrim comes to Maryland and Philadelphia, and Jamaica is working on it, too; the Oregon initiative campaign heats up, Chris Christie talks drugs, a SWAT reporting bill in Michigan gets a hearing, and more. Let's get to it:

Rastas down Jamaica way will soon have something to smile about. (wikimedia.org)
Marijuana Policy

Oregon Legalization Campaign Unveils First TV Ad. The Measure 91 legalization initiative campaign has unveiled the first of its TV spot ads, featuring a former veteran Oregon law enforcement officer explaining why he supports legalization. The campaign has about $2 million budgeted for TV ads in the final weeks of the campaign. Click on the title link to view the ad.

Leading Legalization Foe to Make Oregon Campaign Appearances. The man who is arguably the leading public opponent of marijuana legalization, Dr. Kevin Sabet of Project SAM (Smart Approaches to Marijuana), will make seven appearances in Oregon this week to campaign against the Measure 91 legalization initiative. He had planned a 13-stop "Oregon Marijuana Education Tour" partly funded with federal grant dollars, but that was scrapped after the Measure 91 campaign cried foul. Now, Sabet's crusade is privately funded.

Philadelphia Mayor Signs Decriminalization Bill. Mayor Michael Nutter (D) today signed into law a bill that decriminalizes the possession of small amounts of marijuana. Up to an ounce will be considered a civil offense, punishable by a $25 fine or a $100 fine for public consumption. The new law will go into effect October 20.

Decriminalization Now in Effect in Maryland. As of today, the possession of up to 10 grams of marijuana is no longer a crime, but a civil infraction punishable by a fine of up to $100. The move comes after the legislature earlier this year passed and Gov. Martin O'Malley (D) signed into law SB 364. Now, 17 states and the District of Columbia have decriminalized small-time pot possession.

Louisiana Poll Shows Little Support for Harsh Marijuana Sentences. A new Public Policy Polling survey released by the ACLU of Louisiana found that 78% opposed sentences of longer than six months for pot possession, 71% opposed life sentences for felons caught with marijuana, and 68% support medical marijuana. Louisiana has some of the nation's harshest marijuana laws, including a sentence of up to life in prison for marijuana possession by a felon and a prison sentence of up to 20 years for repeat pot possession offenders. Simple possession first offense is punishable by up to six months in jail, but 60% of respondents said it should be decriminalized. Click on the poll link for demographics and methodologies.

Medical Marijuana

Georgia Lawmakers to Hear High CBD Cannabis Oil Testimony Today. A legislative panel is meeting today in Lawrenceville to hear testimony from law enforcement, health care professionals, and others about medical marijuana extracts and cannabis oils. This could lay the groundwork for new legislation to be filed next year.

New Mexico Credit Unions Will Close Medical Marijuana Producer Accounts. Some credit unions have sent letters to nearly half the state's licensed medical marijuana producers saying they no longer accept their business and are closing their accounts. The credit unions said they could not comply with federal guidelines. Medical marijuana supporters are demanding to know why.

Drug Policy

Chris Christie Talks Drug Treatment, Ending Mandatory Minimums. New Jersey Gov. Chris Christie, a possible 2016 GOP presidential contender, called Tuesday for making drug and alcohol treatment "more available for everybody" and criticized mandatory minimum sentencing for drug offenses. "With 23 million folks addicted, it's not working," Christie said of the war on drugs. "There's gotta be a separation between the criminal act [of using illegal drugs] and the disease." Click on the link for more details.

Harm Reduction

Pennsylvania Governor Signs Overdose Prevention Bill. Gov. Tom Corbett (R) Tuesday signed into law SB 1164, which has two harm reduction measures aimed at reducing drug overdoses. The bill creates a "Good Samaritan" immunity from prosecution for people helping overdose victims and it makes the opioid overdose reversal drug naloxone (Narcan) more available to police and the public. The new law will go into effect on October 20.

Law Enforcement

Michigan House Committee Hears Testimony on SWAT Reporting Bill. The state House Criminal Justice Committee is hearing testimony today on a bill that would require SWAT teams in the state to report on their activities. The SWAT Team Reporting ACT, HB 4914, would require agencies with SWAT teams to n the number, location, reason, authorization and outcome of all deployments, and to file reports with the Attorney General's office twice a year.

International

Jamaica on the Way to Marijuana Decriminalization. Justice Minister Mark Golding said today that a bill to decriminalize marijuana has been drafted and should be passed into law before the end of the year. The bill would make possession of up to two ounces a petty offense and would also allow decriminalization for religious purposes, allowing the island nation's Rastafarians to smoke "Jah herb" without fear of arrest.

Colorado and Washington Help Make the Case for Oregon's Measure 91 [FEATURE]

As Oregon voters consider Measure 91, an initiative on the November ballot that would regulate, legalize and tax marijuana for adults 21 and older, many are looking to how similar laws are affecting Colorado and Washington. Measure 91 supporters Tuesday brought together a panel of experts from those two pioneering states to make the case that marijuana legalization is a winner, with more positives than negatives for states that have taken the step.

With marijuana legalization, there has been a lot less of this... (wikimedia.org)
Admittedly, we have not had a lot of time to judge -- Colorado began allowing legal, regulated sales only this January and the first marijuana stores in Washington didn't open until July -- but early results have been promising.

In Colorado, the state has already taken in more than $27 million in taxes and fees, with more than $5 million already allocated to building schools. At the same time, violent crime in Denver has declined by 5.2%, even as the state is set to save somewhere between $12 million and $40 million in annual criminal justice system costs, according to the Colorado Center on Law and Policy.

Both a Drug Policy Alliance six-month status report and a Brookings Center report on Colorado's situation have also found that legalization there is proceeding relatively smoothly, with few bumps.

In Washington state, the reviews are fewer since retail stores just began operating in July (although Brookings has issued a report), but customers bought $3.2 million worth of legal weed that first month, with sales doubling to more than $6.9 million in August. More than another $6 million worth had been sold in the first three weeks of September. Tax revenues from legal marijuana sales are estimated to reach $636 million over the next five years.

But while Washington retail sales have just gotten underway, the legalization of personal possession has been the law since the beginning of 2013, and the results on that front are remarkable. According to official state court data, the number of misdemeanor marijuana charges against adults dropped dramatically, from more than 5,500 in 2012 to only 120 last year.

The experiences of Colorado and Washington show that -- if done correctly -- marijuana legalization can be a big winner for other states as well, experts and officials from the two pioneer states said Tuesday.

"People call this an experiment, but it's time to treat marijuana like the drug it is, not the drug we fear it to be," said Colorado state Rep. Jonathan Singer, who was one of only two state representatives to endorse Amendment 64. "We have to thank the people for leading; the legislature has been following," he said.

Issues remain, Singer said, but the state is dealing with them.

"Lawmakers have to ensure that we responsibly regulate edibles and concentrates, so consumers are well aware of what they're putting in their bodies. We want consumers educated," he said. The legislature has passed a bill dealing with edibles.

"The biggest issue is banking, and a bill I sponsored created first-of-a-kind cannabis credit co-ops," Singer said. "We will soon be petitioning the Federal Reserve for services with members of the industry who have formed their own co-ops. When dispensaries get robbed, it's for the cash, not the marijuana."

...and a lot more of this. (Drug Policy Alliance/Sandra Yruel)
"When voters decided to support Amendment 64, they did so to bring marijuana above ground in the hope that it wouldn't detrimentally impact public health and safety, and so far, it hasn't," said Art Way, Colorado state director for the Drug Policy Alliance. "The most important impact we've seen is that thousands of people are no longer being arrested for simple possession of marijuana in our state," he said.

"All marijuana offenses have declined by about 50%, and law enforcement resources have been freed up to fight violent crime," Way continued. "The state is saving millions of dollars a year in criminal justice system expenses."

For retired Denver police officer Tony Ryan, marijuana law enforcement was a distraction from more serious business.

"Chasing marijuana smokers was not at the top of my list because I needed my officers to handle calls for service," Ryan said. "We didn't have enough officers to cover calls, in part because of the distraction of doing narcotics enforcement, and when you're enforcing narcotics laws, you're mostly enforcing marijuana laws. This frees up police officers to do what they're supposed to do -- answer calls for service and work on solving crimes."

Lewis Koski is director of Marijuana Enforcement for the state of Colorado, and he said officials are keeping on top of the situation.

"We've recently been focused on how to comprehensively and effectively regulate the edibles manufacturing process," he said. "We also do licensing and monitoring of the businesses that cultivate, manufacture, transport, and sell marijuana, and our licensing process is pretty robust."

The department also runs stings to check for age compliance, he said. Increased youth access to marijuana is one of the most often heard fears of legalization foes.

"We put undercover underage individuals into the retail stores to see if they could buy anything, but what we've seen is a 100% compliance rate," he said.

While Washington hasn't had as lengthy an experience with legalized, taxed, and regulated sales as Colorado, experts and officials from the Evergreen State also said legalization was working for them.

"We've enjoyed a successful, albeit slow, launch," said Seattle City Attorney Pete Holmes. "We did see the virtual elimination of marijuana possession arrests, which has resulted in a restoration of justice. We're no longer hounding people for the possession of marijuana in the state of Washington."

There are issues remaining, but they are soluble, Holmes said.

"One impediment is that our medical marijuana laws were in disarray after the former governor vetoed a regulation bill, and as a result, I-502 didn't touch medical at all," he noted. "The biggest unfinished business for us is how the legislature will address medical. Perhaps it will be folded into the I-502 system."

Holmes also pointed to the issue of revenue sharing, the problem of some localities opting out, and the lack -- so far -- of a legal supply adequate to put a sizeable dent in the black market.

Like his Colorado law enforcement colleague, former Seattle Police Chief Norm Stamper saw legalization as a smart move.

"It's no secret that relations between police officers and the communities they are required to serve are strained, especially with young and poor people, and marijuana enforcement is a big factor in this," Stamper argued. "A vast number of poor young people of color have been arrested over the years. With I-502, there is a major shift in law enforcement priorities. Now, police can focus on burglaries and robberies and the like, and by freeing up resources, we can also deal a serious if not fatal blow to major drug dealers. This is making a huge and positive difference."

I-502 chief proponent Alison Holcomb was brief and to the point.

"I-502 has preserved public safety, reduced the burden on police and prosecutors, and generated significant new tax resources," she said.

"We've learned a lot from Colorado and Washington, and we purposefully set up a very deliberative process," said Oregon Measure 91 campaign spokesman Anthony Johnson. "The state will have a full year to analyze what's going on there and implement what's best for Oregon. We will regulate marijuana very much like we regulate beer and wine."

But first, they have to win. Measure 91 is leading in the polls, but by no means comfortably. Getting the message out about how things have gone in Colorado and Washington should only help.

OR
United States

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

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

Marijuana Policy

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

Medical Marijuana

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

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

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

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

Drug Policy

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

Prescription Opiates

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

Law Enforcement

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

Georgia Grand Jury Hearing Evidence on "Baby Bou Bou" SWAT Raid. A Habersham County grand jury Monday began reviewing evidence in the case of "Baby Bou Bou," the toddler who was seriously injured when a SWAT team member on a drug raid threw a flash bang grenade into his play pen. The SWAT team found neither drugs nor the individual they were seeking. The grand jury will review the evidence surrounding the drug raid and determine if criminal charges should be filed against authorities who executed it.

International

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

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

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

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

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

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

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

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

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

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

Medical Marijuana

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

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

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

Drug Policy

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

Sentencing

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

International

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

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

California Fair Sentencing Act Signed Into Law

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

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

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

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

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

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

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

Sacramento, CA
United States

Chronicle AM: OR Marijuana Poll, Colombia Drug Accord, Big Philly Drug Case Dismissal, More (9/26/14)

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

Marijuana Policy

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

Law Enforcement

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

International

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Deadly Operation: An Informant Comes Forward

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Miami, FL
United States

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

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

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

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

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

Medical Marijuana

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

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

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

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

Drug Testing

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

International

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

California Defelonization Initiative Appears Poised for Victory [FEATURE]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CA
United States

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

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

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

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

 

Medical Marijuana Update

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

California

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

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

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

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

Florida

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

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

Illinois

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

Massachusetts

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

Pennsylvania

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

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

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

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

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

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

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

Medical Marijuana

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

Heroin and Opiates

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

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

Sentencing

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

International

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

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

This Week's Corrupt Cops Stories

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

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

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

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

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

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

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

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

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

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

Medical Marijuana

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

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

Harm Reduction

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

Sentencing

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

International

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

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

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

Drug War Issues

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