Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: FL MedMJ Init Qualifies for Ballot, VT Gov Endorses Pot Legalization Bill, More... (1/28/16)

Busy, busy. State legislatures are in full swing, and the bills just keep coming. Meanwhile, Florida's medical marijuana initiative has qualified for the ballot, Vermont's governor endorses legalization, and more.

Heroin is on the agenda at statehouses this week. (wikimedia.org)
Marijuana Policy

Federal Judge Throws Out Lawsuit Against Colorado's Legalization. A Colorado US District Court judge has rejected a lawsuit challenging the legality of marijuana legalization in the state. The lawsuit was filed by a Washington, DC-based anti-marijuana group, the Safe Streets Alliance, and asked the court to find the state and Pueblo County guilty of violating the Racketeer Influenced and Corrupt Organizations (RICO) Act. The judge in the case rejected the claims, concluding that private parties have no standing to seek recourse for alleged violations of the Supremacy Clause, which makes federal law the supreme law of the land. Another lawsuit, filed by the states of Nebraska and Oklahoma, is still being decided.

New Mexico Poll Finds Strong Support for Legalization. Three out five (61%) adult New Mexicans support legalizing and regulating marijuana, according to a new poll from Research & Polling. The poll comes as the legislature ponders two bills, one that would amend the state constitution to let voters decide the issue, and one that is a straightforward legalization bill. The bills are Senate Joint Resolution 5 and House Bill 75, respectively.

Vermont Governor Endorses Legalization Bill. Gov. Peter Shumlin has endorsed the Senate Judiciary Committee's legalization bill, Senate Bill 137. "The War on Drugs has failed when it comes to marijuana prohibition," Gov. Shumlin said. "Under the status quo, marijuana use is widespread, Vermonters have little difficulty procuring it for personal use, and the shadows of prohibition make it nearly impossible to address key issues like prevention, keeping marijuana out of the hands of minors, and dealing with those driving under the influence who are already on Vermont's roads. The system has failed. The question for us is how do we deal with that failure. Vermont can take a smarter approach that regulates marijuana in a thoughtful way, and this bill provides a framework for us to do that."

DC Poll Finds Residents Want District to Move Ahead With Regulation -- Despite Congress. A substantial majority of District residents believe Mayor Bowser should move forward with taxation and regulation of marijuana despite Congressional prohibition, according to a survey conducted over the weekend by Public Policy Polling (PPP) for the Drug Policy Alliance, DC Vote, DC Working Families and the Washington City Paper. Two-thirds (66%) of respondents believe the mayor should pursue a legal method (such as use of reserve funds) to implement taxation and regulation of marijuana in the District. In light of congressional interference attempting to prevent such regulation, 63% of residents view marijuana legalization as a statehood issue for the District.

Medical Marijuana

Americans for Safe Access Releases Report on State Medical Marijuana Programs. The patient advocacy group graded each state and graded harshly. No state earned an "A" and only 12 earned a "B." Read the report here.

California Bill to Halt Medical Marijuana Bans Heads to Governor's Desk. After passing the Senate earlier this week, Assembly Bill 21, has now passed the Assembly and awaits a signature from Gov. Jerry Brown (D). The bill lifts a March 1 deadline for localities to regulate medical marijuana or lose control to the state. The deadline has prompted more than a hundred localtities to enact bans on various sorts in a bid to retain local control.

Florida Medical Marijuana Initiative Qualifies for the November Ballot. The group behind the effort, United for Care, said Wednesday the Division of Elections has recorded 692,981 verified voter signatures, nearly 10,000 more than needed to qualify. A similar effort won 58% of the vote in 2014, but failed to pass because constitutional amendments require 60% of the vote to pass in Florida.

Heroin and Prescription Opiates

Injection Drug Use Driving Appalachian Hepatitis B Infections. The Centers for Disease Control and Prevention report that acute Hepatitis B was up 114% in Kentucky, Tennessee, and West Virginia between 2009 and 2013. The report found that injection drug was tied to 75% of the new cases. Unlike Hep C, Hep B can be prevented with a vaccine, but vaccine coverage is low among adults nationwide.

Maine Governor Wants Gunowners to Shoot Drug Dealers. Just days after saying Maine should revive the guillotine to execute drug dealers, Gov. Paul LePage suggested just shooting them instead. "I tell ya, everybody in Maine, we have constitutional carry," LePage said in an on-camera interview in Lewiston. "Load up and get rid of the drug dealers. Because, folks, they're killing our kids," the governor said. He then denied that he was encouraging vigilantism.

New York Assembly Minority Task Force Releases Report on Heroin Addiction. The task force has come out with suggestions for combating heroin and opiate addiction. The recommendations include earlier drug education, involuntary "emergency medical" detention of addicts, and a felony "death by dealer" statute. Now, the task force must work with Assembly Democrats to create legislation.

Drug Testing

South Dakota Welfare Drug Testing Bill Killed in Committee. The Health and Human Services voted to kill a bill that would have required welfare applicants to undergo mandatory, suspicionless drug testing. Even the Republican governor had opposed the bill.

International

Producers of Prohibited Plants Issue Declaration Ahead of UNGASS. The Global Forum of Producers of Prohibited Plants (coca, opium, marijuana) is demanding that growers be heard at the UN General Assembly Special Session on Drugs in April. In a joint declaration from producers in 14 countries, the group urged an end to forced eradication of drug crops, the removal of the three plants from international drug control treaties, and sustainable rural economic development. Click the title link for a full list of participants and recommendations.

Chronicle AM: DC MJ Club Ban Moving, Fed Lawmakers Want MedMJ Allowed for Vets, More... (1/27/16)

State legislators are getting busy, the DC city council resorts to sneakery to try to kill pot clubs, federal representatives ask the VA to let doctors recommend medical marijuana for veterans, and more.

Sen. Kirsten Gillibrand (D-NY) was among those calling on the VA to let doctors recommend medical marijuana for veterans.
Marijuana Policy

Arizonans Rally to Support Legalization Bill. Marijuana reform advocates rallied at the state capitol Wednesday to support a bill that would legalize marijuana. Carrying signs that red "Cannabis Reduces Opiate Overdose" and "Cannabis is a Natural Alternative to Harmful Pharma," the ralliers urged passage of House Bill 2006, introduced by Rep. Mark Cardenas (D).

Vermont Legalization Bill Sees Tussles Ahead of Vote Tomorrow. The powerful chairman of the Senate Judiciary Committee, Sen. Dick Sears (D-Burlington) has said he won't vote for his own committee's legalization bill if it allows for home cultivation, and he's also asking the committee to make additional changes, including moving some of the tax proceeds to the general fund and increasing penalties for adults who sell pot to minors. The measure is Senate Bill 137.

Washington State Bill Would Allow Home Cultivation. A bill to allow for home cultivation of up to six plants has been introduced with bipartisan support in the legislature. Washington's version of legalization does not allow for home cultivation, but House Bill 2629 would change that, bringing Washington in line with other legalization states.

In Sneak Move, DC Council Moves to Ban Pot Social Clubs. With the public notified only moments before markup, the DC Council's Committee on the Judiciary voted today to permanently ban marijuana consumption in private clubs. A temporary ban was set to expire April 15, and advocates had hoped the Council would let it lapse. The bill approved by the committee bars entities from providing adults with private spaces other than a residence to consume marijuana, and requires the Mayor's office to revoke a business' license after only one instance of a patron consuming marijuana on the premises.

Medical Marijuana

Lawmakers Call on VA to Let Doctors Recommend Medical Marijuana. Twenty-one members of Congress have written to VA Secretary Robert McDonald urging him to allow VA doctors to discuss medical marijuana as a possible treatment in states where it is legal. A VA policy that does not allow doctors to recommend it expires at the end of this month, and the lawmakers are calling on McDonald to not extend it. "You are in a position to make this change when the current directive expires at the end of this month," Sen. Kirsten Gillibrand (D-NY), Sen. Steve Daines (D-MT), and others wrote Wednesday to McDonald. "We ask that you act to ensure that our veterans' access to care is not compromised and that doctors and patients are allowed to have honest discussions about treatment options."

Industrial Hemp

Hawaii Industrial Hemp Production Bill Filed. Reps. Kaniela Ing (D-South Maui) and Cynthia Thielen (R-Oahu) have introduced House Bill 2555, which would allow for industrial hemp production for research purposes. The bill is backed by the state Department of Agriculture.

Asset Forfeiture

Wisconsin Asset Forfeiture Reform Bill Gets Committee Hearing. The Senate Committee on Labor and Government Reform Tuesday took up Senate Bill 521, which would end civil asset forfeiture in the state. Speaking in support were the Wisconsin ACLU and the Wisconsin Grandsons of Liberty; speaking against were -- you guessed it -- representatives of law enforcement. No vote was taken.

Drug Testing

Virginia Welfare Drug Testing Bills Killed. The Health, Welfare and Institutions Subcommittee #1 narrowly defeated a combined pair of bills, House Bill 468 and House Bill 86, that would have required welfare applicants to undergo drug tests before receiving benefits. "VIEW recipients are no more likely statistically to be drug users than any other group and to target them would be unfair," Del. Marcia Price (D-Newport News) said. "I am proud to have agreed with my colleagues across the aisle that there was a lack of evidence to warrant this practice. We would be better served, instead of this practice, to continue to invest money into the tangible obstacles to employment. Rightly, partisan politics did not stand in the way of doing what is right for our Commonwealth."

Sentencing

Maine Bill to More Harshly Punish Outsiders Bringing Drugs to State Gets Hearing. The legislature's Criminal Justice Committee heard conflicting testimony Monday on LD 1541, which creates the crime of "aggravated importation of scheduled drugs." The bill doesn't specify, but the measure is clearly aimed at heroin traffickers bringing the drug into the state. Not everyone was gung-ho, though: Tougher sentences are "just not the most effective tool against this scourge," said John Pelletier, a member of the Maine Criminal Advisory Commission. The measure would double prison sentences for importing heroin into the state from five to 10 years, and up to 30 years in some cases.

International

Mexico's National Marijuana Legalization Debate is Underway. Lawmakers met in Cancun Tuesday to open the first batch of debates on marijuana legalization. President Enrique Pena Nieto is opposed, but called for national debate after court rulings appeared to open cracks in the country's prohibition.

Chronicle AM: Marijuana Decrim Killed in VA, Ireland Ponders Pill Testing for Festivals, More (1/26/16)

Alaska's commercial marijuana regulations advance, so does a Kansas bill lowering pot penalties and a pair of Florida asset forfeiture reform bills, the Irish government ponders pill testing for nightclubs and festivals, a medical marijuana bill is filed in Mexico, and more.

Hillary Clinton reiterates support for state-level legalization without federal interference. (state.gov)
Marijuana Policy

Hillary Clinton Reiterates Support for Letting States Legalize Marijuana. In an interview Monday, the Democratic presidential contender restated her position that the federal government shouldn't interfere with state-level legalization. "I think that states are the laboratories of democracy, and four states have already taken action to legalize, and it will be important that other states and the federal government take account of how that's being done, what we learn from what they're doing,"said Clinton. "I think that the states moving forward is appropriate and I think the federal government has to move to make this more available for research that they can then distribute to interested people across our country."

Alaska Legal Marijuana Rules Advance, With Two Exceptions. The Marijuana Control Board's rules and regulations for commercial marijuana activity have been approved by the state Law Department, with two exceptions. The Law Department struck down a requirement for a national criminal history check, saying that authority must come from statute, not regulations, and it struck down marijuana testing requirements for rural growers. The Law Department said the Board's allowance of "alternative means of testing" for rural growers lacks standards. The Board said the legislature is already working on a fix for the background checks, but it doesn't yet have a fix for the rural grower issue.

Kansas Senate Panel Okays Lessening Pot Penalties, Legalizing CBC Cannabis Oil. The Senate Corrections and Juvenile Justice Committee Tuesday approved bills lessening marijuana possession penalties and allowing for the use of CBD cannabis oil for people with epilepsy. The bills now head for the Senate floor.

Virginia Decriminalization Bills Killed By House Committee. The House Courts of Justice Committee's Subcommittee on Criminal Law Monday voted down a pair of bills that would decriminalize marijuana possession in the Commonwealth.

New Orleans Ordinance Would Give Police Discretion to Ticket Marijuana Possessors. Currently, only first-time pot possession offenders are eligible for a summons instead of an arrest, but Councilwoman Susan Guidry is offering a measure that would allow police to only ticket pot possessors no many how many offenses they had. The measure is on the council's agenda today.

Medical Marijuana

California Senate Approves Bill to Slow Medical Marijuana Bans. The state Senate Monday approved Assembly Bill 21, designed to fix what lawmakers called a mistake in the state's comprehensive medical marijuana regulation laws. The bill had a paragraph that gave the state authority to license cultivation in localities that didn't have their own laws on the books by March 1, and many localities had responded by passing preemptive cultivation bans. The bill now goes to the Assembly.

Asset Forfeiture

Florida Asset Forfeiture Reform Bills Win Committee Vote. Two competing reform bills passed a Senate panel Tuesday. A bill from Sen. Aaron Bean (R-Fernandina Beach) would leave civil asset forfeiture intact, but increase oversight, while a bill from Sen. Jeff Brandes (R-St. Petersburg) would require a criminal conviction before seizure of assets. Law enforcement supports the first bill, but not the second. The committee passed both measures.

Drug Policy

Poll: New Hampshire Voters Support Drug Decriminalization. Two-thirds of state voters supported not arresting small-time drug possessors, but instead offering them counseling and treatment. And nearly three-quarters (73%) supporting doing away with mandatory minimum sentences for drug possession offenses.

International

Ireland Considering Pill Testing for Nightclubs, Festivals. In the wake of the drug-related death of a teenage clubber last week, Health Minister Leo Varadkar said the government is considering allowing pill testing kits for music venues. But he said that prevention is the first pillar in the department's approach to the problem.

Mexico Medical Marijuana Bill Coming. A senator from the Institutional Revolutionary Party (PRI) has proposed a bill to legalize medical marijuana and says she thinks it can pass by May. Sen. Cristina Diaz said she hoped the national debate on marijuana, which began this week, would help the bill progress.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays 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: Mexico Legalization Debate Gets Underway, NH Gov Signs Heroin Bills, More... (1/25/16)

New Hampshire's governor signs a package of heroin and prescription opiate bills, a similar package goes to the desk of the Wisconsin governor, Illinois patients seek to add more qualifying conditions, South Dakota's GOP governor rejects a welfare drug testing bill, a key Mexican politician endorses pot legalization, and more.

Marijuana Policy

Student Marijuana Group Wins Free Speech Lawsuit Against Iowa State University. A federal judge last Friday ruled that ISU administrators violated the First Amendment rights of ISU NORML by barring the group from using ISU logos on its t-shirts. ISU NORML won a permanent injunction against the university preventing it from using its trademark policy to block the group from printing shirts depicting a marijuana leaf.

Denver Social Pot Club Effort Gains New Life. A shelved ballot measure that aims at winning approval for marijuana use at some private businesses is being brought back to life by a newly formed NORML chapter. Denver NORML says it is going to take up where advocates left off. Advocates from the Vicente Sederberg law firm and the Marijuana Policy Project had begun such a ballot effort last year, but withdrew and is now seeking a potential compromise ordinance with city officials and other interested parties. But Denver NORML says it time to "get this done."

Medical Marijuana

Arizona GOP Rep Withdraws Bill to Cripple Medical Marijuana Program. State Rep. Jay Lawrence (R-Fountain Hills) has withdrawn HCR 2019, which would have barred naturopaths and homeopaths from recommending medical marijuana. Nearly 90% of all recommendations in the state are written by those health care professionals. Lawrence said he withdrew his bill after his office "received so many calls" and he actually learned about how the program works.

Georgia Lawmaker Admits Breaking State Law to Help Families Obtain CBD Cannabis Oil. Rep. Alan Peake (R-Macon) admitted last week that he has been going to other states to obtain the medicine and bring it back for patients. Under a law he sponsored last year, CBD cannabis oil is legal for people for certain diseases, but there is no provision for in-state cultivation or sales. "We made sure that families properly registered with the state got access to medical cannabis, including delivering it to them if that's the only way we can make that happen," Peake said. "Maybe at some point there is a need for civil disobedience. It comes down to, 'What would I do if it were my child?'" Peake said.

Hawaii Bill Would Bar Patients From Growing Their Own. Now that dispensaries are set to open up in the state, Rep. Marcus Oshiro (D-Oahu) has filed a bill that would prohibit patients from growing their own, instead requiring them to use the dispensaries. The bill is House Bill 1680. Patient groups don't like it.

Illlinois Petition Seeks to Prod Governor to Expand Qualifying Medical Conditions. The state Medical Cannabis Advisory Board has recommended adding eight new qualifying conditions to the state's medical marijuana program. The petition is directed at Gov. Bruce Rauner (R) and the head of the state Department of Public Health, who will make the final decision. The petition currently has more than 19,000 and has been endorsed by Melissa Etheridge.

Ohio Attorney General Rejects Wording on Medical Marijuana Initiative. State Attorney General Mike DeWine (R) has rejected a third petition for a medical marijuana constitutional amendment. He said there were five discrepancies between the language of the proposal and its summary language.

Heroin

New Hampshire Governor Signs Heroin Bills. Gov. Maggie Hassan (D) has signed into law two bills, Senate Bill 447 and Senate Bill 576 that were part of a comprehensive proposal to deal with heroin and opiate addiction she put forth last fall. The former bill creates a study commission on using naloxone more broadly, while the second increases penalties for the sale of fentanyl, requires insurance companies to use similar evaluation criteria to streamline access to drug treatment, and strengthening the state's prescription monitoring program.

Wisconsin Legislature Approves Package of Prescription Monitoring Bills. The state Senate last week gave final approval to the package, which is aimed at reducing heroin use by requiring pharmacists to register prescriptions within 24 hours and requiring police to register prescription drugs found at the scene of an overdose. The package now goes to Gov. Scott Walker (R) for his signature.

New Psychoactive Substances

Massachusetts Bill Would Criminalize More Than a Dozen New Synthetic Drugs. State Rep. Tim Whelan (R-Brewster) has cosponsored a bill that would specifically target 19 new psychoactive substances listed as controlled substances by the DEA. The possession, manufacture, and distribution of the drugs would be criminalized under the bill.

Drug Testing

South Dakota Governor Rejects Welfare Drug Testing. Gov. Dennis Daugaard (R) is not supporting a recently filed bill to require suspicionless drug testing of welfare recipients. He said he had not been enthusiastic about similar bills in the past, that the effort was a waste of money, and it is "somewhat insulting."

International

Israeli Likudnik MK Filed Marijuana Decriminalization Bill. Member of the Knesset Sharren Haskel (Likud) has filed a bill to decriminalize pot possession. Such bills usually come from the left of the Israeli political spectrum. "More than a million Israelis occasionally consume cannabis, and the population that uses it is mostly not a criminal population," wrote Haskel. "These are normative people from all parts of society -- academics, public representatives, and others, who consume cannabis in their leisure time."

Key Mexican Lawmaker Calls for Marijuana Legalization, Medical Access. The president of Mexico's chamber of deputies, Jesus Zambrano, is calling for both medical and recreational marijuana use to be legalized. "The topic has its international component and efforts need to be combined, particularly between the United States and Mexico, to have common rules, laws that are essentially identical, though each with its own modalities, because we are distinct, but the United States must help our country apply, for instance, legalization of marijuana for medical and recreational use," said Zambrano. His was the opening salvo in a national debate on the topic that began Sunday.

Medical Marijuana Update

A handful of dispensaries open in New York, dispensary applications are now available in Hawaii, it looks like Florida will get another chance to vote for medical marijuana, and more.

National

Last Friday, a federal court okayed firing an employee for medical marijuana use. A federal district court in New Mexico has held that an employer is not obligated to accommodate an employee's use of medical marijuana, even when the drug had been supplied to the employee by a state-legal medical marijuana program. The ruling came in the case of an AIDS patient whose job offer was yanked after he tested positive for marijuana metabolites during a pre-employment drug test. The court noted that marijuana remains illegal under federal law.

Arizona

As of Wednesday, Arizona GOP legislators are trying to chip away at medical marijuana access. Rep. Kelly Townsend (R-Mesa) has filed House Bill 2061, which would bar pregnant women from qualifying for the medical marijuana program, and Rep. Jay Lawrence (R-Scottsdale) has filed House Concurrent Resolution 2019, which removes homeopaths and naturopaths from the list doctors who can issue medical marijuana recommendations.

California

As of Wednesday, a fix was in the works for the state's medical marijuana regulation deadline. Legislators are working to fix a provision of the medical marijuana regulation law that requires localities to pass their own rules by March 1 or face loss of regulatory control to the state. The provision has caused a stampede of cities and counties seeking to get measures in place by that date, with most of them resorting to simple bans. The Senate Finance Committee last week passed a bill to remove the date.

Florida

Last Monday, the medical marijuana initiative campaign handed in signatures. United for Care, the group leading the campaign, handed in more than one million raw signatures to state officials. The group needs only 683,149 valid signatures to qualify for the November ballot. In 2014, United for Care's initiative failed even though it won 58% of the vote. Because it was a constitutional amendment, it needed 60% to pass.

Hawaii

Last Tuesday, dispensary applications became available online. Applications must be submitted online and will only be accepted during the application period of Jan. 12, 2016, 8:00am Hawaii Standard Time (HST) to Jan. 29, 2016, 4:30pm HST. Get the online application here. There's a $5,000 application fee. Read about dispensary license requirements here.

Missouri

On January 7, a medical marijuana initiative was approved for signature gathering. An initiative from New Approach Missouri has been approved for circulation by the secretary of state's office. The group is seeking 250,000 raw signatures to ensure it meets the requirement of 160,000 valid voter signatures to qualify for the ballot. The campaign estimates it will cost $800,000 for paid signature gathering and is trying to raise funds now.

New Hampshire

Last Friday, the state approved its first medical marijuana production facility. The Department of Health and Human Services said last Friday that it has approved the first of three locations to grow medical marijuana and started mailing out ID cards. Some 176 Granite Staters have qualified to use medical marijuana so far.

New York

On January 7, the state's first dispensaries opened for business. Eight dispensaries opened in the state, a slow start to a medical marijuana program in a state with nearly 20 million people. The state has authorized another 12 to open later this month.

Last Monday, the state failed to approve PTSD and other health conditions for medical marijuana use. The state Health Commissioner determined there is not yet enough evidence of effectiveness to approve the use of medical marijuana to treat PTSD, Alzheimer's disease, muscular dystrophy, dystonia, and rheumatoid arthritis. The commissioner can, however, add qualifying conditions at any time and will be meeting with specialists to evaluate new scientific evidence as it becomes available.

Ohio

Last Thursday, lawmakers formed a medical marijuana task force. Ohio House Republicans unveiled details on a new task force on medical marijuana. In November, voters rejected Issue 3, which would have included medical marijuana in a broader legalization initiative, but there is broad popular support for medical marijuana in the state. Recent public opinion polls show 85% support medical marijuana.

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

Why Is the Administration Sending Refugees Back to Narco War Nightmare US Helped Create? [FEATURE]

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

With the New Year, the Obama administration has unleashed a new campaign of Immigration and Customs Enforcement (ICE) raids targeting Central American women and children who fled to the US in 2014 to escape violence in their home countries. Some 17,000 are at immediate risk of being dragged from their homes and families and being detained and deported.

Salvadoran refugee walking toward the US border. (unhcr.org)
"Our borders are not open to illegal migration; if you come here illegally, we will send you back consistent with our laws and values," Homeland Security Secretary Jeh Johnson said in a statement announcing the action.

Some 121 people were arrested in raids last weekend, Johnson said, with many of them housed in euphemistically named "family residential centers" before their imminent deportation. The raids took place in Georgia, North Carolina, and Texas.

Johnson's statement noted that back in November, the administration had broadened its deportation actions beyond "criminals and threats to public safety" (including at least 250,000 people deported for drug offenses) to include those who threaten "border security" by having arrived uninvited after January 1, 2014.

The administration signaled last week that the raids will continue despite a growing outcry from some Democrats, progressives and immigrant rights groups.

Democratic presidential contenders Bernie Sanders and Martin O'Malley both railed against the raids, with Sanders saying that while he is an ally of the president, "I don't agree with him on this," and O'Malley decrying them, saying "Jesus himself was a refugee child."

Protestors gathered in Boston Friday for an event organized by the Massachusetts Immigrant and Refugee Advocacy Coaltion (MIRA) echoed complaints being heard around the nation.

"I came to this country fleeing the terror of the Pinochet military dictatorship in Chile," said the Unitarian Universalist Rev. Maria Cristina Vlassidis Burgoa. "I know what it's like to be 12 years old and to live in fear that at any moment, an unmarked car will stop at your house and take your family away one by one. I know what it's like to fear that you will be the next one to disappear. My grandmother, my mother, and I were fortunate to find refuge here and build a life. Today, as a US citizen I denounce the massive deportations and raids as a violation of human rights."

"The home raids that terrorize the community, separate families, and wake up sleeping children must stop. Arresting, detaining, and deporting them is not the answer," said MIRA executive director Eva Millona. "Such crisis requires compassion and humane solutions."

ICE swears in agents for the family detention program. (ice.gov)
Those would include letting them stay in the country under Temporary Protected Status and Deferred Enforced Departure. The latter is the program that allowed Obama to regain some favor with the immigrant community when he used it to ensure that some five million young people whose parents brought them into the country illegally -- the Dreamers -- would be allowed to stay.

The people being targeted now are part of the 100,000 or so children and parents who fled gang violence in El Salvador, Guatemala, and Honduras during the immigration "crisis" of 2014, when the specter of masses of Central Americans coming to the border and turning themselves in to seek asylum temporarily focused the nation's attention -- and the Republicans' ire -- on the issue.

Amid predictable calls for more walls, more border agents, and immediate deportation, many of the asylum-seekers were placed in "family detention centers," but others were released, often with GPS ankle bracelets. The vast majority were processed without legal counsel and without any real understanding of the legal proceedings that would determine their futures. The people being targeted now are those whose asylum applications were rejected or those who, for one reason or another, failed to show up at immigration hearings.

The cruel irony of the situation is that it is US policy to deport these people back to countries wracked by poverty and violence that is due at least in part to other US policies -- the imposition of US-style drug war on the region, and even earlier, Ronald Reagan's anti-communist crusade to thwart the region's leftist revolutionary movements in the 1980s. US policy helped to push these people out of Central America, and now US policy is to push them back in.

The US can't be blamed for all the woes of Central America, of course, but it has certainly been a contributing factor. The violent gangs that have helped turn the region into one of the deadliest on the planet, such as Mara Salvatrucha, Barrio 18, evolved in Salvadoran immigrant communities in cities like Los Angeles, Chicago, and Washington, DC, after hundreds of thousands fled the violent civil war in which Ronald Reagan and US taxpayers spent $4 billion to ensure that leftist revolution was neutered. Some 75,000 people died in that conflict.

After the young Central American immigrants learned the fine art of gang-banging up north, deported gang members brought those skills back with them to the old country, laying the groundwork for the emergence of increasingly powerful and deadly street gangs, particularly in El Salvador and Honduras.

And, thanks to the "success" of the Reagan administration in shutting down Caribbean cocaine smuggling routes into Miami in the early 1980s, the new deportees came home to countries increasingly awash in cocaine as Colombian smugglers began using the region as a trampoline, a transshipment point for drugs headed on to Mexico before reaching their ultimate destination in the US.

Central Americans didn't try to sneak into the country; they sought asylum. (wikipedia.org)
"Drug prohibition makes drug transshipment very lucrative for organized crime," said Adam Isacson, a drug policy analyst with the Washington Office on Latin America. (WOLA). "US efforts to interdict aerial and maritime drug shipments in the Caribbean in the 1980s and 1990s caused more and more cocaine to pass through Central America, a region recovering from civil war."

Another drug war "success" also had ramifications for the region, Isacson said.

"The mid-90s takedown of the big Colombian cartels -- the Medellin and Cali cartels -- gave more market share to the Mexican organizations, which relied more heavily on Central American territory," he explained.

"The groups transshipped drugs through Central America further corrupted and undermined already weak security and judicial institutions," Isacson continued. "And that made those institutions less able to protect their citizens."

And more vulnerable to hyper-violent Mexican drug trafficking organizations, such as El Chapo Guzman's Sinaloa Cartel and the Zetas, who began expanding their presence in Central America as they came under pressure from Mexican authorities, bolstered by US anti-drug assistance, at home.

Now, Central America is one of the most violent regions in the world, and El Salvador has the highest murder rate the world has seen in 20 years, taking the dubious title of world's murder capital from neighboring Honduras, which claims an official decline in murders this year. Some observers are skeptical.

Jeannette Aguilar, director of Institute of Public Opinion at the Central American University in El Salvador, told USA Today the apparent reduction could be artificial because the cartels have learned that too many bodies is bad publicity and have become adept at disposing of them.

"Because of the evolution of dismembering bodies, decomposing them, incinerating them, it's difficult to know if homicides have really fallen," she said.

The American policy response to violence, much of it drug trade-related, and social decomposition has historically been heavy on assistance to the military and police forces, like the Central American Regional Security Initiative, but that looks like it is finally beginning to change this year. Just last month, Congress approved $750 million in aid for the region that shifts the focus away from security initiatives and instead targets structural issues that have crippled the region.

The bill stipulates that 75% of the funds can only be spent after government take on issues of corruption, transparency, immunity, and criminality. Equally important, it calls on regional governments to "support programs to reduce poverty, create jobs, and promote equitable economic growth in areas contributing to large numbers of migrants."

It will be up to the governments of those countries to try to make progress in alleviating the conditions causing so many to flee, but as our policy-makers decide the fates of the people who have already sought refuge here, they would be remiss to ignore our own role in helping this crisis to happen.

Dabs, the Latest Pot Trend Police and Media Are Needlessly Freaking Out About [FEATURE]

This story was produced in collaboration with AlterNet and first appeared here.

A highly potent form of marijuana has made its way to the East Coast, and law enforcement and "advocates" are very worried. In fact, they're so worried that they are making false and baseless claims about its dangers.

A little dab'll do ya. (wikipedia.org)
The stuff is basically butane hash oil, which is now generically called "dabs." It can come in the form of oils, "budder," or "wax." The stuff known as "shatter" has THC concentrated to extremely high levels, reportedly as high as 90%. The stoniest buds from pot plants, on the other hand, have a THC level of around 25% to 30%.

Shatter is the hash oil derivative in the form of marijuana wax, and is typically produced as a thin, hard, translucent sheet, which will shatter in pieces if dropped to the floor. It is generally vaped, rather than smoked.

Make no mistake -- dabs is strong stuff. One toke of dabs contains about as much THC as a joint of pot, and even experienced pot smokers have been known to have unpleasant experiences after biting off more than they can chew. And some of the processes used to extract dabs from raw marijuana are dangerous, leading to explosions that have damaged property and cost lives.

Just before Christmas, police in Virginia busted a truck carrying hundreds of pounds of marijuana and 15 pounds of shatter, the largest shatter bust ever on the East Coast. With the stuff going for $60 a gram in legal and medical marijuana states, police estimated the value of the shatter seizure at $270,000.

That bust appears to have set off some over-the-top warnings from cops and people like the Partnership for a Drug-Free America. Even though dabs is business-as-usual in legal marijuana states, "experts are warning that Shatter is dangerous, for a variety of reasons," New Jersey 101.5 reported.

dabs (Erik Fenderson/Wikimedia.org)
The "expert" in question was Angelo Valente, executive director of the Partnership for a Drug Free New Jersey, who quickly conflated shatter production with shatter consumption.

"This is extremely dangerous, there are many home explosions in this process," Valente said. "So there's not only concern about the use of this type of a chemical going into a child or a young person's body, but also the immediate concern about explosions that we might be seeing in the state of New Jersey." The bottom line, he said, was that it was important for local residents "to become aware of just how dangerous Shatter and any other illegal drugs can be to them, both short term and long term."

The Middletown Patch went a step further. "'Shatter' is five times more potent than pot, and can cause explosions once lit," read the sub-head to its headline about "Dangerous New Form of Marijuana Out There, Police Warn."

After explaining that shatter is made by mixing marijuana and butane, the Patch wrote that "police departments across the country are reporting explosions, fires and injuries after teens lit the drug on fire to smoke it."

This is just bad reporting. Shatter does not "cause explosions once lit" and police departments are not "reporting explosions, fires, and injuries after "teens lit the drug on fire to smoke it." The Patch has confused what can happen with home hash oil extraction efforts (you can blow up) with what does not happen with hash oil consumption (you don't blow up).

more dabs (youyube.com)
It isn't just New Jersey where small local media outlets are perpetrating hysterical reporting. WWLP News 22 in Lafayette, Indiana, spoke with "national trainer and speaker for drug prevention" Officer Jermaine Galloway and came away with the bottom line that dabbing "takes marijuana to a new and potentially deadly level" because the THC level "can be nine times higher than regular pot smoking."

That's wrong in a couple of different ways. First, shatter is three, four, or maybe five times stronger than high-grade buds, not nine times. And second, it still doesn't kill you.

The Washington Post, on the other hand, produced a much more level-headed piece on the phenomenon:

"Although the high potency of shatter is troubling to parents and law enforcement officials, marijuana advocates point out that no one has died from ingesting marijuana. 'As long as people are educated about the proper dosage,' said Morgan Fox of the Marijuana Policy Project, 'it hasn't presented any problem.' He likened the difference between shatter and regular marijuana to the difference between whiskey and beer.

"Ry Prichard, a writer and photographer for The Denver Post's Cannabist blog, noted that hash oil is not new, but shatter is a relatively recent refinement as a result of proliferating medical and recreational cannabis programs.

"'Shatter and other concentrated cannabis products,' Prichard said, 'give a stronger, more immediate effect and have shown to have great benefits with a variety of medical conditions because of the quick-acting nature of inhalation or vaporization.'

"He noted that more than half of the daily sales for dispensaries in Colorado come from concentrates, primarily in edible cannabis products."

The Post also addressed the issue of hash oil explosions:

"Fox said legalizing and regulating marijuana was the way to protect homes from hash oil extraction fires, 'so businesses are doing it, instead of people making it themselves.'

"Prichard said legal makers of shatter and other concentrates in Colorado are highly regulated, and those who make it illegally are subject to felony charges."

Okay, shatter has made it to the East Coast. It's stronger than buds, so dabs newbies should be careful to not overdo it, but it's not going to explode in your face while doing it and it's not going to kill you. Just don't mess around with trying to make it at home. That could explode in your face and that could kill you. It's good that at least some media outlets are now taking the trouble to get the story right.

Chronicle AM: Wichita "Decrim" Thrown Out, Argentina Will Shoot Down Drug Planes, More... (1/22/16)

The Kansas Supreme Court throws out Wichita's voter-approved "decrim" ordinance on a technicality, GOP committee chairs quash medical marijuana bills in Indiana, the DEA partnered with a TSA screener in a bid to seize cash from travelers, the Argentines want to shoot down drug planes, and more.

The DEA schemed to pay a TSA screener a cut for any cash he found in travelers' luggage. (tsa.gov)
Marijuana Policy

Key Vermont Politico Says No To Home Growing Marijuana. Senate Judiciary Committee Chairman Richard Sears (D-Bennington) said today he would advance a marijuana legalization bill if it has majority support in his committee, but that he does not support home cultivation.

Kansas Supreme Court Throws Out Wichita "Decrim" on a Technicality. The state's high court ruled that the initiative was invalid because it was improperly filed with the city clerk, but did not address arguments by the state that the ordinance conflicted with state marijuana laws. The Wichita ordinance lessened penalties for first offense possession to a $50 fine, but was not true decriminalization because that first offense would still be a criminal infraction.

Medical Marijuana

Indiana Medical Marijuana Bills Pronounced Dead. State Sen. Jean Leising (R-Oldenburg) said Thursday that medical marijuana bills in the state legislature would not got a hearing this year. "They are all dead," she said. "There just isn't the appetite in the Senate for approving any kind of medical marijuana, not with the current makeup of the (50-member) Senate. You need 26 votes, and they're just not there." Parents of children suffering from epilepsy had pleaded with lawmakers to act, to no avail.

Utah Governor Signals Support for Medical Marijuana. Gov. Bob Herbert (R) said Thursday that he is not familiar with two medical marijuana bills filed this session and that he doesn't want a "Dr. Feelgood" situation, but "if there's a medicine out there that will alleviate pain and conditions and health concerns for people, if there's a medicine out there that can do that, we ought to see if we can embrace it." He added that he would prefer that Congress legalize it federally rather than leaving it up to the states to act.

Law Enforcement

DEA Hired TSA Informant to Help Steal Money From Travelers' Luggage. The agency recruited a TSA security screener to alert agents to cash in luggage that the DEA could confiscate, an arrangement that "violated DEA policy," according to the Justice Department's Office of the Inspector General. The agency planned to pay the screener a cut of the cash he seized, but the Inspector General found that the screener never actually provided any actionable intelligence for seizures. Still, the DEA scheme "could have violated individuals' protection against unreasonable searches and seizures if it led to a subsequent DEA enforcement action," the OIG noted.

International

Argentina Approves Shooting Down Suspected Drug Planes. The new government of President Mauricio Macri continues to burnish its drug warrior credentials by announcing plans to begin shooting down suspected drug trafficking planes, a move the opposition called "the death penalty without trial." Macri has already decreed a "public security emergency" for a year to fight drug trafficking, which he said had led to "situation of collective danger."

Chronicle AM: MPP Eyes OH MedMJ Init, MD Solons Override Paraphernalia Veto, More... (1/21/16)

The state legislative season is now underway and marijuana-related bills are popping up in various states, Michigan ponders roadside drug testing bills, Canada's Tories bow before the inevitability of marijuana legalization, and more.

Marijuana is on the legislative agenda in states around the country. (wikimedia.org)
Marijuana Policy

Kansas Legislators Hold Hearing on Decrim, Hemp, and Medical Marijuana Bill. The Senate Corrections and Juvenile Justice Committee met Wednesday to hear testimony on House Bill 249, which would reduce penalties for pot possession, allow the limited use of medical marijuana, and allow for a pilot project on hemp production. The measure has already passed the House.

Maryland Legislature Overrides Veto of Pot Paraphernalia Decrim. Both the House and the Senate voted today to override Gov. Larry Hogan's (R) veto of Senate Bill 517, which fixed an oversight in the state's decriminalization law. The bill removes criminal penalties for the possession of pot paraphernalia, which the original decrim bill failed to do.

Medical Marijuana

Marijuana Policy Project Eyes Ohio Medical Marijuana Initiative. MPP said Wednesday it plans to put a medical marijuana initiative on the 2016 ballot. The initiative would take the form of a constitutional amendment, but has not yet been drafted.

Utah "Whole Plant" Medical Marijuana Bill Filed. Sen. Mark Madsen (R-Saratoga Springs) has introduced Senate Bill 73, which would create a full-fledged medical marijuana system in the state. The bill would only allow marijuana to be consumed in the forms of oils and gummies, not smoked. Another bill already filed would allow only cannabidiol.

Industrial Hemp

Missouri Hemp Bill Hearing Turns Into Debate About Possibility It Could Lead to Pot Legalization. It was supposed to be a debate about establishing a pilot program for industrial hemp production, but the discussion of Senate Bill 584 quickly devolved as representatives of law enforcement said that while they didn't oppose the bill, they feared it be the camel's nose under the tent for pot legalization. "It is no secret that many would look at a bill such as this as the first step to legalizing marijuana," said St. Charles County Prosecuting Attorney Tim Lohmar. No vote was taken on the bill. Similar legislation passed the House last year, but never got a Senate vote.

Drug Testing

Indiana Unemployment Drug Testing Bill Hits Snag. The Senate Pensions and Labor Committee heard an unemployment drug testing bill, Senate Bill 245, but took no vote on it after the committee chairman said it "needs some more work." The bill sponsor, Sen. Jon Ford (R-Terre Haute) was unable to say how many people would be drug tested or produce any supporting data for the bill other than to say that employers in his district tell him they can't get people to take drug tests.

Michigan Bills Would Allow Roadside Drug Testing. A pair of bills, Senate Bill 207 and Senate Bill 434 would create a pilot program for roadside drug testing. The latter would authorize State Police to create a pilot program, while the former would authorize officer who are certified drug recognition experts to require drivers to submit to drug tests.

International

Scientists Call for New Approach to Evaluating Illicit Drug Policy. In an open letter released by the International Centre for Science in Drug Policy (ICSDP), scientific experts from around the globe called on governments to align illegal drug policies with community concerns -- not on reducing the availability of illicit drugs. The move comes as part of the run-up to the UN General Assembly Special Session on Drugs, set for April.

Canada's Tories See the Writing on the Wall for Marijuana Legalization. Liberal Prime Minister Justin Trudeau has vowed to legalize marijuana, and Canada's Conservative Party seems to realize it can do nothing to stop it. "The new government will legalize marijuana," Rona Ambrose, interim leader of the Conservative Party of Canada, said in a radio interview on Wednesday. "We know that."

Chronicle AM: Top Cops Call for Sentencing Reform, GOP Senators Split On Reform, More... (1/20/16)

GOP legislators are busy filing retrograde drug bills across the land, from chipping away at medical marijuana in Arizona to public benefits drug testing bills in several states. Meanwhile, a battle looms over federal sentencing reform.

The fight is heating up over a federal sentencing reform bill. (nadcp.org)
Marijuana Policy

Missouri Legislators Face Plethora of Marijuana Bills. The legislative session has barely started, but lawmakers in Jefferson City have already filed nearly 20 bills aiming at reforming marijuana policy. The bills range from legalization and medical marijuana to barring asset forfeiture in pot cases and expunging the record of nonviolent offenses, including marijuana offenses. Click on the link to see the whole list.

Medical Marijuana

Arizona GOP Legislators Try to Chip Away at Medical Marijuana Access. Rep. Kelly Townsend (R-Mesa) has filed House Bill 2061, which would bar pregnant women from qualifying for the medical marijuana program, and Rep. Jay Lawrence (R-Scottsdale) has filed House Concurrent Resolution 2019, which removes homeopaths and naturopaths from the list of doctors who can issue medical marijuana recommendations.

Fix in the Works for California's Medical Marijuana Local Regulation Deadline. Legislators are working to fix a provision of the medical marijuana regulation law that requires localities to pass their own rules by March 1 or face loss of regulatory control to the state. The provision has caused a stampede of cities and counties seeking to get measures in place by that date, with most of them resorting to simple bans. The Senate Finance Committee last week passed a bill to remove the date.

Drug Testing

Indiana Unemployment Benefits Drug Testing Bill Filed. State Sen. Jon Ford (R-Terre Haute) has filed Senate Bill 245, which would require people applying for unemployment benefits to undergo drug testing if they were fired for drug use or if they work in an occupation the federal Bureau of Labor has determined is one where drug testing is common. The bill had a hearing set for today.

West Virginia Food Stamp Drug Testing Bill Advances. A bill that would require drug testing of food stamp recipients passed the Senate Committee on Health and Human Resources Tuesday and now heads to the Senate Finance Committee. The bill would only require testing of those for whom state officials had a "reasonable suspicion" were drug users. The measure is Senate Bill 6.

Sentencing

Police Chiefs, Prosecutors Urge Congress to Pass Criminal Justice Reform. More than 70 top police chiefs and prosecutors organized as Law Enforcement Leaders to Reduce Crime and Incarceration today called on Congress to pass sentencing reform. They are urging support for the Sentencing Reform and Corrections Act of 2015 (Senate Bill 2123). The letter comes on the same day the Senate Judiciary Committee holds a major hearing on criminal justice reform. "Today, law enforcement leaders from across the nation join together to let our lawmakers know that reforming federal mandatory minimum sentences will help keep down crime and unnecessary incarceration. As police chiefs and prosecutors, our first priority is public safety. But we know first-hand from our experience that our country's high levels of incarceration are not making us safer," said the letter they sent out today.

GOP Split on Mandatory Minimums Threatens Sentencing Reform Bill. Sen. Majority Leader Mitch McConnell (R-KY) is keeping mum about how he plans to proceed on the bill, which is cosponsored by several Republicans. GOP hardliners are balking, threatening passage of the measure. "I don't think it’s a healthy thing to do," said Sen. Jeff Sessions (R-AL), a fervent opponent of the justice bill. "If we lay off drug prosecutions, we're going to see even more murders and crimes, deaths and destruction. I think we need to slow down, be careful about this." The bill had appeared to be one of the few areas where bipartisan support could ensure passage, but now GOP support looks to be eroding.

International

Indian Has a Booming Industry Manufacturing New Psychoactive Substances. Recent raids by drug police have uncovered a domestic party drug manufacturing industry cranking out drugs by the ton. Police busted more than 1,200 pounds of mephedrone in one bust, 750 pounds in another, and more than 2500 pounds of ketamine in yet another. The drug makers are behaving like legitimate drug manufacturers, finding factories, chemists, and workers, then obtaining licenses to manufacture legitimate drugs, then cranking out party drugs.

Costa Rica Court Clears Activist of Marijuana Cultivation Charges. In a case that could be a step down the path to decriminalization, a court refused to convict Cerdas Salazar on drug trafficking charges for growing his own marijuana. Police contended he grew for sale, but provided no evidence of that. "Yes, marijuana cultivation is illegal; nonetheless, it is not a crime if it is not utilized for sale," the judge hearing the case, Carolina Leitón, said.

Chronicle AM: Iran Hangs More Drug Offenders, VT Legalization Hearings Underway, More... (1/19/2016)

Georgia faces a pile of marijuana bills, Boston cops go after one of the state's leading legalization activists, Vermont legalization hearings get underway, and more.

Iran begins the new year as ended the old year, hanging drug offenders. (iranhr.net)
Marijuana Policy

Georgia Legislature Faces Stack of Marijuana Bills. Solons in Atlanta face no fewer than seven pieces of marijuana-related legislation as they return to work this month: House Bill 722 -- Medical Cannabis Expansion, Senate Bill 254 -- No felonies for possession of marijuana, House Bill 704 -- Industrial Hemp; House Bill 283 -- Marijuana arrests and drivers licenses, Senate Resolution 6 -- Ballot initiative for the legalization of marijuana, Senate Bill 7 -- Medical cannabis bill, and Senate Bill 198 -- Marijuana Regulations.

Boston Police Seek to Bust Activist Bill Downing Over Marijuana Sales. Boston Police have filed a criminal complaint against Downing, one of the state's most well-known marijuana legalization activists, charging him with multiple counts of marijuana distribution. A magistrate judge will decide today whether to approve the charges. Downing's attorney said the complaint is nothing but an effort to "silence the most vocal supporters of the legalization of marijuana."

Vermont Legislative Committee Holds Marijuana Legalization Hearings. The Senate Judiciary Committee heard testimony on marijuana legalization Monday at three venues across the state. Click on the link to get the flavor of the testimonies.

Drug Testing

South Dakota Welfare Drug Testing Bill Coming. Rep. Lynne DiSanto (R-Rapid City) and Sen. Betty Olson (R-Prairie City) are working on a welfare drug testing bill that would require mandatory drug testing for people applying for welfare and other cash assistance programs. Federal courts have held mandatory, suspicionless drug testing to be a search under the Fourth Amendment, so this bill could have problems if it gets passed. The bill is not yet on the legislative web site.

International

Iran Hangs Four for Drugs. Four men convicted of drug offenses were hanged at Karaj's central prison last week. They were identified as Seyed Hamid Hajian, Hossein Toutiannoush, Mostafa Jamshidi, and Mohsen Nasiri. Iran hanged hundreds of people for drug offenses last year, and this year looks like more of the same. Or does it? Last month 70 members of the parliament introduced legislation to end the practice.

Chronicle AM: CA Dems Endorse Legalization, Fed Court Upholds MedMJ Firing, More... (1/18/16)

California Democrats have endorsed marijuana legalization, Bernie Sanders ties together racism and pot prohibition, a federal court upholds employers' rights to fire medical marijuana users, and more.

Marijuana Policy

At Democratic Debate, Sanders Ties Together Racism and Marijuana Prohibition. "We have a criminal justice system that is broken," he said. "Who in America is satisfied that we have more people in jail than any country on earth, including China -- disproportionately African-American and Latino. Who is satisfied that 51% of African-American young people are either unemployed or under-employed? Who is satisfied that millions of people have police records for possessing marijuana when the CEOs of Wall Street companies who destroyed our economy have no police records? We need to take a very hard look at our criminal justice system, investing in jobs and education -- not in jails and incarceration."

California Democratic Party Calls for Marijuana Legalization. On the final day of the state Democratic Party's annual convention, delegates on a voice vote approved a platform plank saying the state's Democrats "support the legalization, regulation and taxation of marijuana, in a manner similar to that of tobacco or alcohol."

Toledo Decriminalization Now in Effect, Despite Legal Challenge. The courts in Toledo are sentencing marijuana users to no fines and no jail time under a decriminalization measure that passed in September, even though state Attorney General Mike DeWine has challenged other portions of the law. Those sections attempted to rewrite state law regarding felony amounts of marijuana.

Medical Marijuana

New Hampshire Approves First Medical Marijuana Production Facility. The Department of Health and Human Services said last Friday that it has approved the first of three locations to grow medical marijuana and started mailing out ID cards. Some 176 Granite Staters have qualified to use medical marijuana so far.

Federal Court Okays Firing for Medical Marijuana Use. A federal district court in New Mexico has held that an employer is not obligated to accommodate an employee's use of medical marijuana, even when the drug had been supplied to the employee by a state-legal medical marijuana program. The ruling came in the case of an AIDS patient whose job offer was yanked after he tested positive for marijuana metabolites during a pre-employment drug test. The court noted that marijuana remains illegal under federal law.

Asset Forfeiture

Maryland Civil Asset Forfeiture Reform Bill Filed. Sens. Michael Hough (R-Frederick), Jamie Raskin (D-Montgomery), and Robert Zirkin (D-Baltimore County) have filed Senate Bill 161, which would reform civil asset forfeiture by barring state law enforcement agencies from doing an end run around state asset forfeiture laws by handing their cases over to the federal government. The move comes as the state Senate prepares later this week to try to override a gubernatorial veto of an earlier asset forfeiture reform bill.

International

Vietnam Sentences Two to Death for Drug Smuggling. A court in the northern province of Lang Son has sentenced two people to death for selling drugs. Lurong Van Ty and Lu Thi Thuong were given the death penalty in the case; two others were sentenced to life, while other members of the smuggling ring received shorter sentences.

Ten Dead in Cartel Violence in Mexico's Michoacan. Ten people were shot and killed in Michoacan over the weekend in apparent cartel feuds. The violence-plagued states is home to at least seven drug trafficking groups: the Familia Michoacana, Guerreros Unidos, Caballeros Templarios, Los Viagras, Jalisco Nueva Generacion, and the Gulf and Sinaloa cartels.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays 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: Another Poll Has Legalization Majority, OH Pot Politics, Brazil Approves Ibogaine, More... (1/15/16)

The drumbeat of national polls with majorities for marijuana legalization continues, one Ohio legalization effort gives up the ghost while another vows to continue, Brazil opens its doors to ibogaine, and more.

Marijuana Policy

Another Poll Has a National Majority for Marijuana Legalization. A new YouGov poll has support for marijuana legalization at 52%, up four points from the last YouGov poll in March 2015. The numbers are in line with other national opinion polls showing support for legalization consistently above 50%. Majorities of independents (66%) and Democrats (51%) support legalization, but only 36% of Republicans do.

Arizona Initiative Campaign Getting Close to Making Ballot. The Campaign to Regulate Marijuana Like Alcohol reports that has gathered nearly 150,000 raw signatures. It needs 150,000 valid voter signatures to qualify for the November ballot and says it aims to collect 225,000 raw signatures to have a safety cushion.

ResponsibleOhio Calls It Quits. The group behind last year's failed "monopoly" marijuana legalization initiative is giving up the ghost. ResponsibleOhio founder Jimmy Gould said Thursday the group will not be back with another constitutional amendment and that it is also giving up efforts to pass the Fresh Start Act initiative, which would have allowed for the removal of previous marijuana convictions. Gould said the best route forward was for the legislature to enact medical marijuana. He and another ResponsibleOhio organizer are among the appointees to a state legislative task force on medical marijuana supported by the Republican House speaker.

But Another Ohio Legalization Initiative Campaign Presses Ahead. Ohioans to End Prohibition co-founder Jacob Wagner said today that it is moving forward with signature gathering for its legalization initiative. The group has some 60,000 to 70,000 raw signatures at this point and is looking for funding to continue. The group will need some 305,000 valid voter signatures by July to qualify for the November ballot.

International

Brazil Approves Use of Ibogaine. The head of the National Association of the Study of Drug Policy in Sao Paulo has approved the use of ibogaine "in a hospital environment, with medical supervision and control, meeting the exercise of the profession and the recommendations of good clinical practice, including rigorous clinical and psychiatric examinations and psychological assessment and psychotherapeutic monitoring." The move currently only applies to the state of Sao Paulo, but will be extended to the rest of the country in coming months. Ibogaine is used in the treatment of various addictions.

Chronicle AM: Seattle Shrinks MJ Buffer Zones, 2nd Chance Reauth Heads for House Floor, More... (1/14/16)

Seattle moves to ease zoning restrictions on pot businesses, Ohio GOP lawmakers form medical marijuana task force, Mexico creates marijuana debate website, and more.

Will there be justice for Troy Goode? (family photo)
Marijuana Policy

Oregon Lawmakers Propose Tweaks to Legal Marijuana Market. The joint committee on marijuana implementation has rolled out its "base bill" containing a number of modifications they hope to get passed during the 35-day short session that starts February 1. One change would end the requirement that would-be pot entrepreneurs prove they lived in the state for the past two years; another would reduce sentences for many marijuana-related offenses. The bill is not yet available on the legislative web site.

Seattle Dramatically Reduces MJ Business Buffer Zones.The city council Monday night agreed to reduce the minimum distance between marijuana businesses and sensitive areas, such as schools, public parks, and day care centers, from 1000 feet to 500 feet in most areas, and down to 250 feet in the downtown core. The new city rules could mean up to 21 more pot shops for the city.

Medical Marijuana

Ohio Lawmakers to Form Medical Marijuana Task Force. Ohio House Republicans will later today unveil details on a new task force on medical marijuana. In November, voters rejected Issue 3, which would have included medical marijuana in a broader legalization initiative, but there is broad popular support for medical marijuana in the state. Recent public opinion polls show 85% support medical marijuana.

Asset Forfeiture

Wyoming Lawmakers File Bill to End Civil Asset Forfeiture. Members of the House Judiciary Committee have filed a bill that would require a criminal conviction before assets could be seized, effectively ending civil asset forfeiture in the state. The measure, House Bill 14, is sponsored by Reps. Mark Baker (R-Rock Springs) and Sen. Dave Kinskey (R-Sheridan). Republican Gov. Matt Mead vetoed similar legislation last year.

Drug Testing

South Carolina Lawmaker Wants to Drug Test Food Stamp Beneficiaries. Rep. Chris Corley (R-Graniteville) has filed four bills designed to tighten the screws on food stamp recipients, including one that would require them to submit to drug testing. The measure is House Bill 4412.

Law Enforcement

Family of Memphis Man Killed By Police Hogtie After Freaking Out on LSD Files Lawsuit. The family of Troy Goode has filed a class action lawsuit against the city of Southhaven, Mississippi, and the Southhaven Police Department over his death after being hogtied by police when he freaked out after ingesting LSD before a Widespread Panic concert. The official autopsy report blamed his death on "LSD toxicity" (Ed: a fictional notion at least in this context), but an independent autopsy ordered by his family found that his death was caused by being hogtied, which led to breathing problems that sent his heart into cardiac arrest.

Sentencing

Second Chance Reauthorization Act Heads for House Floor. The bill was reported out of the House Judiciary Committee Tuesday and now awaits a House floor vote. Its companion measure, Senate Bill 1513 awaits a floor vote in the Senate.

International

Jodie Emery Calls for Moratorium on Marijuana Arrests in Canada. There is no reason for Canadians to any longer face arrest for pot crimes, said Vancouver-based activist Jodie Emery, the wife of Canada's "Prince of Pot" Marc Emery. "Our movement is asking the Liberals to stop all marijuana arrests. We need a moratorium on marijuana arrests because money is being wasted going after people for pot and the longer we wait to really move forward on this file, the more lives will be negatively impacted."

Mexican Government Unveils Marijuana Website Ahead of National Debate. The government has launched a new Marijuana Debate web site as it prepares for a national conversation on marijuana policy later this month. The site seeks to promote "a broad and inclusive" discussion and will include links to information about marijuana legislation in 14 countries and three US states, as well as academic research and articles on all aspects of marijuana policy. The first debate will be in Cancun this month, to be followed by forums each month through April.

This Week's Corrupt Cops Stories

C'mon cops -- how many times do we have to tell you? Don't rip off the department evidence room, don't peddle cocaine, don't smuggle drugs to prisoners, and especially, don't blow up your meth lab in the federal science lab you're supposed to be protecting. Let's get to it:

In Simpsonville, Kentucky, a Simpsonville police officer was arrested January 7 in connection with the theft of thousands of dollars in cash, drugs, and guns from the police department. Officer Terry Putnam, 54, is charged with first degree burglary, theft by unlawful taking over $10,000, theft by unlawful taking of a firearm, first degree criminal mischief, theft by unlawful taking of a controlled substance, official misconduct and tampering with physical evidence. His haul included about $30,000 in cash, and an unknown quantity of drugs and handguns. At last report, he was in the Oldham County Jail.

In Green Bay, Wisconsin, a former Green Bay Correctional Institute guard was arrested last Friday on charges he delivered drugs and other contraband to inmates, sometimes in return for drugs for himself. Benjamin Griffin, 37, went down after a confidential informant told the Brown County Drug Task Force there were a half-dozen guards at the jail involved in drug trafficking, and Griffin was the first one they turned up. He is charged with delivering contraband to inmates.

In Springfield, Massachusetts, a former Springfield police officer was arrested last Monday on charges he stole $400,000 in cash from evidence envelopes related to drug investigations. Kevin Burnham, a decorated and well-respected officer who retired from the force in 2014 after 43 years, is accused of pocketing the cash multiple times between 2009 and 2014, sometimes replacing it with counterfeit money already in evidence. He faces multiple counts of larceny and is out on his own recognizance.

In Indianapolis, an Indianapolis Metropolitan Police officer was arrested last Tuesday along with two other people in an ongoing drug investigation. IMPD Officer Nikolaus Layton, 35, the son of a Marion County deputy sheriff, and the others are all charged with suspicion of dealing in cocaine, conspiracy to deal cocaine, dealing in a controlled substance and possession of cocaine.

In Brownsville, Texas, a US Border Patrol agent was indicted last Wednesday on capital murder charges in the beheading death of a Honduran national. Agent Joel Luna is allegedly tied to the Gulf Cartel and was arrested along with four accomplices. The case began in March, when fishermen found a headless body floating in the Gulf near South Padre Island. They later found more than a kilo of cocaine, $90,000 in cash, and Luna's Border Patrol badge in a safe at his mother-in-law's house.

In Pendleton, Indiana, a Pendleton jail guard was arrested last Thursday in a store parking lot as he picked up a package he planned to deliver to the jail for payment. News reports didn't say what was in the package, but jail guard Tyler Wells now faces charges of trafficking a controlled substance with an inmate.

In Greenfield, Indiana, a former Hendricks County sheriff's deputy was arrested last Thursday for providing security for a massive synthetic drug operation that stretched from China to Indiana. Jason Woods had previously been arrested in December 2014 in the case, but has now been hit with new charges, including corrupt business practices, dealing a synthetic drug, and four other felonies.

In Cherokee, Alabama, a part-time Cherokee police officer was arrested Monday after the police chief noticed evidence missing and reported it to the state Bureau of Investigation. Officer Nikki Inman is charged with theft of property, possession of a controlled substance, tampering with evidence, and writing a bad check. Williamson says more charges could come.

In Santa Fe, New Mexico, a former Santa Fe County Jail guard pleaded guilty last Monday to federal charges for smuggling Suboxone into the jail. Edward Owens, 21, admitted smuggled the prescription drug into the jail in exchange for $600. He copped to charges of conspiracy to distribute and possession of Suboxone. Under the terms of his plea agreement, he's looking at up to 10 years in federal prison.

In Houston, a former Houston police officer was convicted last Friday of helping a Mexican drug cartel traffic drugs. Noe Juarez, 47, helped drug runners by running license plate numbers, sharing police tactics, and supplying them with weapons and body armor. He was convicted of conspiracy to distribute cocaine and conspiracy to possess firearms in furtherance of a drug trafficking offense. He's looking at up to 30 years in federal prison.

In Greenbelt, Maryland, a former federal police officer was sentenced January 8 to nearly 3 ½ years in prison for trying to cook meth at a federal science lab. Christopher Bartley, whose efforts led to an explosion at the National Institute of Standards and Technology (NIST), had pleaded guilty in August to attempted manufacture of methamphetamine. During the sentencing hearing, his attorneys claimed he was making meth so he could better understand the drug and train other officers, but the judge didn't buy it.

Chronicle AM: Drug Policy in Obama's SOTU Speech, New England Legalization Bills Heard, More... (1/13/16)

As New England states ponder marijuana legalization, Colorado is raking in the revenues. Plus, the president touches on drug policy in his SOTU speech, and more.

Marijuana Policy

Colorado Will Have Taken in More Than $100 Million in Adult Marijuana Taxes and Fees Last Year. Based on official figures through the end of October, the state will have collected more than $100 million on pot taxes and fees through the end of 2015. The state had already collected more than $109 million by the end of October, but some $17 million of that was for medical marijuana. Still, with the last two months of the year yet to be accounted for, and with tax revenues at $9 million for the lowest month in 2015, the state will certainly top the $100 million mark by the time everything is counted.

Massachusetts Legislative Committee Holding Hearing on Legalization Bill. The Joint Committee on the Judiciary is holding a hearing today on House Bill 1561, filed by Rep. David Rogers (D-Cambridge). The bill would regulate marijuana like alcohol in the state.

Vermont Senate Committee Hears Legalization Bills. The Senate Judiciary Committee heard testimony for and against two legalization bills, Senate Bill 95, introduced last session by Sen. David Zuckerman (P/D-Chittenden) and Senate Bill 241, from Sen. Jeanette White (D-Windham). If the committee decides to approve one or both bills, it must do so by January 29. In Tuesday's testimony, representatives from law enforcement expressed strong opposition to legalization, especially citing fears of stoned driving.

Medical Marijuana

Florida Initiative Hands in Signatures. It looks like Floridians will get a second chance to approve medical marijuana. United for Care, the group leading the campaign, handed in more than one million raw signatures to state officials Monday. The group needs only 683,149 valid signatures to qualify for the November ballot. In 2014, United for Care's initiative failed even though it won 58% of the vote. Because it was a constitutional amendment, it needed 60% to pass.

Drug Policy

President Obama Touches on Drug Policy in State of the Union Speech. The president's State of the Union speech included a call to imprison fewer people. "I hope we can work together this year on bipartisan priorities like criminal justice reform, and helping people who are battling prescription drug abuse," the president said. Obama also mentioned people who have reentered society after being imprisoned: "I see it in the American who served his time, and dreams of starting over -- and the business owner who gives him that second chance. The protester determined to prove that justice matters, and the young cop walking the beat, treating everybody with respect, doing the brave, quiet work of keeping us safe."

Chronicle AM: CA NAACP Endorses AUMA, No MedMJ for PTSD in NY, Germany Moves on MedMJ, More... (1/12/16)

The California legalization initiative picks up a big endorsement, so does the effort to legalize it in Vermont; Hawaii dispensary applications are now available online (if you've got $5,000), the German health ministry files a draft medical marijuana law, and more.

Vermont's former attorney general does a pro-legalization ad.
Marijuana Policy

California NAACP Endorses AUMA Legalization Initiative. Calling marijuana legalization a "civil rights issue," the California State NAACP has formally endorsed the Adult Use of Marijuana Act (AUMA). "Creating a legal, responsible and regulated framework for marijuana is a predominant civil rights issue and it's long overdue," said Alice Huffman, longtime President of California State NAACP. "The current system is counterproductive, financially wasteful and racially biased, and the people of California have repeatedly called for it to be fixed. This measure will ensure that California is not unjustly criminalizing responsible adults while also ensuring that our children are protected while the State receives hundreds of millions of new dollars for vital government and community-based programs."

Poll: North Carolina Majority Opposes Legalization.A Civitas Institute poll released today had 43% of North Carolinians favoring marijuana legalization, with 53% opposed. Most of those opposed were "strongly opposed," while slightly more than half of those in favor were "strongly in favor."

Former Vermont Attorney General Backs Legalization Effort. Former state Attorney General Kimberly Cheney is publicly backing the effort to end pot prohibition in the Green Mountain State. He is featured in the first ads put out this year by the Marijuana Policy Project-backed Vermont Coalition to Regulate Marijuana. Last week, Gov. Peter Shumlin (D) announced he was supporting tightly regulated legalization.

Medical Marijuana

Hawaii Dispensary Applications Now Available Online. Applications must be submitted online and will only be accepted during the application period of Jan. 12, 2016, 8:00am, Hawaii Standard Time (HST) to Jan. 29, 2016, 4:30pm. HST. Get the online application here. There's a $5,000 application fee. Read about dispensary license requirements here.

New York Doesn't Approve Medical Marijuana for PTSD, Other Conditions -- Yet. The state Health Commissioner has determined there is not yet enough evidence of effectiveness to approve the use of medical marijuana to treat PTSD, Alzheimer's disease, muscular dystrophy, dystonia, and rheumatoid arthritis. The commissioner can, however, add qualifying conditions at any time and will be meeting with specialists to evaluate new scientific evidence as it becomes available.

Drug Testing

West Virginia Welfare Drug Testing Bill Approved by Interim Committee. The Joint Committee on Health and Human Resources has, with little discussion, approved a bill that would allow the drug testing of welfare recipients. The bill would require screening recipients for "reasonable suspicion" of drug use before ordering testing.

International

German Government Presents Draft Medical Marijuana Law. Last Thursday, the German Federal Health Ministry presented a detailed draft of a medical marijuana law. It would set up a state cannabis agency to regulate cultivation and distribution and would allow sales at pharmacies. Health insurers would be required to cover costs. Health organizations and other interested parties have until February 5 to comment on the draft.

Chronicle AM: El Chapo Captured, ME Gov's Race-Tinged Remarks Draw Outrage, More... (1/8/16)

Mexican authorities have recaptured the fugitive head of the Sinaloa Cartel, Maine's Tea Party governor goes racial on drugs, while other New England states move toward drug reforms, and more.

Joaquin "El Chapo" Guzman, head of the Sinaloa Cartel, arrested today in Mexico
Medical Marijuana

Missouri Medical Marijuana Initiative Approved for Signature Gathering. An initiative from New Approach Missouri has been approved for circulation by the secretary of state's office. The group is seeking 250,000 raw signatures to ensure it meets the requirement of 160,000 valid voter signatures to qualify for the ballot. The campaign estimates it will cost $800,000 for paid signature gathering and is trying to raise funds now.

Asset Forfeiture

New Hampshire House Passes Asset Forfeiture Reform. The GOP-controlled House Thursday approved a bill that would divert money garnered through civil asset forfeiture away from law enforcement and into the state's general fund. The bill would also require a criminal conviction before seized property can be permanently forfeited and it would provide protections for "innocent owners." The bill is House Bill 636. It now goes to the Senate.

Drug Policy

Maine Governor Says Black Out-of-State Drug Dealers Are "Impregnating Young White Girls." During a town hall meeting on Wednesday night, Gov. Paul LePage (R) was asked about how he was tackling substance abuse in Maine. What was his response? "These are guys with the name D-Money, Smoothie, Shifty -- these types of guys -- they come from Connecticut and New York, they come up here, they sell their heroin, they go back home." He then elaborated: "Incidentally, half the time they impregnate a young white girl before they leave, which is a real sad thing because then we have another issue we have to deal with down the road." He is catching lots of flak for his comments.

Massachusetts House Votes to Repeal Mandatory Driver's License Suspension for Drug Offenders. The House voted Thursday to repeal a state law mandating automatic driver's license suspensions for people convicted of drug offenses -- whether they were driving or not. About 7,000 people have their licenses suspended for drug offenses each year, imposing significant barriers to social reentry for drug offenders. "This vote shines a bright light on our state's evolving understanding of drug policy, and emphasizes our ongoing need to advance an approach to criminal justice and drug law reform that prioritizes treatment and rehabilitation over harmful punitive measures that impede Massachusetts residents from successfully reentering and re-engaging their communities," said Rep. Tom Sannicandro, Chair of the Harm Reduction and Drug Law Caucus. The bill now goes to the Senate.

International

El Chapo Captured! Mexican President Enrique Pena Nieto announced on his Twitter feed this morning that Joaquin "El Chapo" Guzman, fugitive head of the Sinaloa Cartel had been recaptured in his home state of Sinaloa. He had escaped from a Mexican federal prison last July. That was his second prison break. He also escaped from a Mexican federal prison in 2001 and eluded capture for more than a decade. Not this time. Guzman heads what is arguably the most powerful drug trafficking organization in the world.

Chronicle AM: CA Init Cleared for Petitioning, Gets Donations, VT Gov Says Legalize, More... (1/7/16)

It's another one of those all-marijuana news days -- the California initiative hits the ground running, New Hampshire legalization bills get filed, Canadian MPs get a pot package, and more.

Dana Larsen's gift to all 184 Liberal MPs in Canada (Twitter/Dana Larson)
Marijuana Policy

California Adult Use of Marijuana Act Initiative Can Start Signature Gathering. The AUMA is now the most viable shot at legalizing weed in California this year. It has the backing of tech billionaire Sean Parker, as well other marijuana mavens and reform movement donors. It needs 365,000 valid voter signatures by June to make the November ballot.

Contributions Start Coming in for California's AUMA Legalization Initiative. The AUMA has picked up $1.25 million in donations, including $250,000 from the Marijuana Policy Project, a matching $250,000 from Sean Parker, $250,000 from the New Approach PAC, $250,000 from Drug Policy Action (the lobbying and campaign arm of the Drug Policy Alliance), and $250,000 from the Californians for Sensible Reform committee (Weedmaps). That should cover the cost of signature gathering for the initiative.

Nebraska, Oklahoma Accuse Colorado of Acting Like Drug Cartel. Attorneys for the two states urged the US Supreme Court to let them sue their neighbor over its legal marijuana production and distribution system, accusing Colorado of creating "a massive criminal enterprise whose sole purpose is to authorize and facilitate the manufacture, distribution, sale and use of marijuana… "If this entity were based south of our border, the federal government would prosecute it as a drug cartel." The Obama administration has urged the high court to refuse to hear the case.

Trio of New Hampshire Legalization Bills Filed. Granite State lawmakers have filed not one, not two, but three bills to legalize marijuana. House Bill 1675 would legalize possession of up to 2.2 pounds of marijuana for personal consumption by adults 18 and older, and would also legalize cultivation of up to six pot plants at home. It was also allow the sale and taxation of marijuana. House Bill 1610 would legalize marijuana possession of up to two ounces for personal use by adults 21 and older, and would legalize cultivation of up to six plants at home -- limited to three mature plants at any one time. It would not allow retail sales, but would allow adults to gift up to an ounce to other adults. House Bill 1694 would legalize marijuana possession of up to one ounce by adults 21 and older, and would permit home cultivation of up to six pot plants, with a limit of three mature plants at one time. The bill would allow the sale and taxation of marijuana.

Vermont Governor Calls for Legalizing Marijuana in State of the State Address. Vermont Governor Peter Shumlin called on lawmakers to pass legislation legalizing and regulating marijuana in his final State of the State address today. He also declared the drug war a failure and expressed desire to continue emphasizing a health-based approach to drug policy by expanding treatment and overdose prevention programs, as well as by removing the stigma associated with drug use and addiction. With Shumlin entering his last year in office, this is a strong signal that he intends to make marijuana legalization a priority in the upcoming legislative session. "The outdated war on drugs has also failed," said Shumlin, "and there is no greater example than our nation's marijuana laws." Earlier this week, top legislative leaders downplayed the likelihood of legalization this year.

Drug Policy

Legalization Advocate Gary Johnson Announced Libertarian Presidential Bid. The former Republican New Mexico governor, who championed a discussion of drug legalization while in office, announced Wednesday that he is seeking the Libertarian Party presidential nomination. He resigned from his position as president and CEO of Cannabis Sativa Inc. to do so.

Medical Marijuana

First New York Dispensaries Opened Today. Eight dispensaries opened in the state today, a slow start to a medical marijuana program in a state with nearly 20 million people. The state has authorized another 12 to open later this month.

International

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The Most Outrageous Drug War Deaths of 2015 [FEATURE]

An as yet unnamed man killed by police in Rawlins, Wyoming, on December 30, after they were called to a convenience store about a person believed to be selling drugs in the parking lot, and Burlington, Vermont, resident Kenneth Stephens, 56, shot and killed by a state trooper and a DEA agent on December 22 when he met them with a rifle as they raided his apartment, were the last two people to make the Drug War Chronicle's drug war death toll tally, bringing it to 56 for the year.

This is the fifth year the Drug War Chronicle has tallied drug war deaths. There were 54 in 2011, 63 in 2012, 41 in 2013, and 39 in 2014. That's an average of just a hair under one a week during the past five years.

The Chronicle's tally only include deaths directly related to US domestic drug law enforcement operations -- full-fledged, door-busting, pre-dawn SWAT raids, to traffic stops turned drug busts, to police buy-bust operations. Some of the deaths are by misadventure, not gunshot, including several people who died after ingesting drugs in a bid to avoid getting busted and two law enforcement officers who separately dropped dead while searching for marijuana fields.

The dead included three other police officers, two Hattiesburg, Mississippi, cops gunned down in a traffic stop turned drug search in May and a Memphis cop gunned down over a $20 pot deal in August.

But 90% of the drug war dead are civilians. While some of the deaths are accidental and some are clearly justifiable, as when people are actually shooting at police, others are more questionable. Were all those guys in vehicles who got killed because police "feared for their lives" really trying to run down and kill cops over a drug bust, or were they just trying to get away?

And some are just downright outrageous -- one might even say criminal, although local prosecutors generally seem to disagree. In only one of the cases listed below was the police officer arrested, and in that case, she walked. Here are the worst drug war killings of 2015:

1. In February, Hummelstown, Pennsylvania, Police Officer Lisa Mearkle shot and killed David Kassick, 59, after he fled a traffic stop. Kassick was a relapsed heroin user who had done time in federal prison for heroin sales, and was carrying a needle and a spoon with residue on him. Video from Mearkle's stun gun shows her repeatedly tazing Kassick as he lay on his belly in the snow and yelling at him to show his hands as they jerk around from the tazing before firing two shots into his back four seconds apart. Mearkle was arrested on murder charges in April, but acquitted of murder charges in November.

 

Zach Hammond. Gunned down over his passenger's pot deal.
2. In March, Volusia County, Florida, Sheriff's Deputy Todd Raible shot and killed Derek Cruice, 26, during a dawn SWAT raid aimed at a small-time marijuana sales operation. Cruice, who was unarmed, was shot in the face. Police claimed they were "met with resistance and a shooting occurred," but Cruice's roommates vehemently disagreed. "He had no weapons on him or in the house," roommate Steven Cochran told the Daytona Beach News Journal. "Nobody was making any kind of resistance or keeping them from doing their job." Cruice wasn't even wearing a shirt, he said. "It's kind of hard to conceal anything or hide anything when this is all you have on. They entered the house and fired." Another roommate bluntly called the deputy's action's "murder." A grand jury directed by State Attorney R.J Larizza disagreed. In Ocober, it failed to indict Raible on any charge. Cruice was a popular figure in the local community, and there were protests over his death. The cops scored half a pound of weed and some cash, but no weapons in the raid.

3. Also in March, also in Florida, Putnam County sheriff's deputies shot and killed Andrew Anthony Williams, 48, as he attempted to flee in his vehicle from a "reverse sting." That's where cops pose as drug dealers, sell unwary customers small amounts of drugs, then arrest them. Deputies had successfully sold drugs to and arrested 10 people, but when they identified themselves and tried to arrest Williams, who was number 11, he declined. News 4 Jax had it this way: "…when they tried to arrest Williams, he took off in a blue SUV and, swerving to avoid deputies, ran into a tree. Williams then backed up and tried to take off again toward deputies causing four of them to open fire on Williams SUV, hitting him an unknown number of times."

Williams' death stinks for two reasons, First, reverse drug stings are a controversial tactic, sometimes arguably justifiable at the higher echelons of the drug trade, where selling sizeable quantities of drugs to a player to see where they go help crack a drug ring, but that logic isn’t at work here, where the only result is to round up some street drug buyers and drag them into the criminal justice system. Is having deputies pretend to be drug dealers to bust small-time users really the county's best use of its law enforcement resources?

And then there's the no-witness "he was going to run me over" defense used by the police to justify the killing. It happens not infrequently. Williams may have decided that getting busted on a minor dope charge was worth trying to murder a group of police officers with his vehicle. But could it have been that he was just trying to get away?

4. In April, 73-year-old Tulsa, Oklahoma, sheriff's Reserve Officer Charles Robert Bates shot and killed meth and gun trafficking suspect Eric Harris when he mistakenly opened fire with his pistol instead of his Taser. The shooting occurred in the midst of a struggle as Harris had attempted to flee on foot and there is no evidence that Bates intended to kill Harris, but the killing led to scandal over Sheriff Stanley Glanz's relationship with Bates and how the retiree volunteer managed to get in the middle of a Violent Crimes Task Force operation. Glanz was forced to resign in October and was indicted on a misdemeanor records tampering charge over his failure to release Bates' personnel records. Those records indicate that even though top sheriff's officials knew Bates wasn’t well-trained enough, they pressured others to ignore it. Bates himself was indicted for second degree manslaughter and goes on trial in April.

 

5. In July, Seneca, South Carolina, Police Officer Mark Tiller shot and killed 19-year-old Zachary Hammond. Hammond was behind the wheel of a car at fast food restaurant parking lot. He had driven there with a female passenger who was going to sell a small amount of marijuana to what turned out to be an undercover cop. Police said Hammond drove toward the officer, forcing him to fire, but that account was challenged by Eric Bland, an attorney representing Hammond's family. Bland said that the autopsy report showed that Hammond had been shot from behind and that the vehicle was not moving. The autopsy showed a first shot entering the teen's left rear shoulder and a second in his side five inches away that went through his heart and lungs before exiting his lower right side.

"It is clearly, clearly from the back," Bland said after viewing pictures of the bullet wounds at the coroner's office. "It is physically impossible for him to be trying to flee or run over the officer that shot him. This is a 19-year-old kid without a weapon in his car, clearly in the Hardee's parking lot on a date, and within five minutes he has two shots that appear to be in his back and his side, from an officer shooting him from the back -- and he's dead and this family needs answers."

The killing was egregious enough to spark a Justice Department investigation, which is still ongoing, but not enough to convince local prosecutors to go after Officer Tiller. In October, Solicitor Chrissy Adams declined to file criminal charges against Tiller. A federal wrongful death lawsuit filed by Hammond's family is pending.

 

 

Troy Goode. Authorities tried to blame his death on "LSD toxicity."
6. In September, a still unnamed member of an Akron, Ohio, SWAT team shot and killed Omar Ali, 27, during a raid on his hookah store. Police were investigating Ali for drug sales and domestic violence when they broke down the door to his business, then encountered him in the main room of his shop. Police said they ordered him to put his hands up, but he allegedly refused those commands and reached toward the back of his waistband. The unnamed SWAT officer then shot him. Police found no weapon in his waistband. What they did find was 2.8 grams of heroin and five doses of Suboxone hidden in his butt-crack.

7. In July, a group of police officers in Southhaven, Mississippi, arrested Troy Goode, 30, after he was behaving erratically under the influence of LSD he had ingested in anticipation of a Widespread Panic concert. His wife attempted to drive him home, but at some point, he got out of the car and began creating a disturbance. Police were called, and they chased and arrested him, hogtieing him face down on a stretcher. He was charged with resisting arrest, then taken in an ambulance to a hospital, where he died two hours later. In December, the State Medical Examiner ruled that Goode had died of "LSD toxicity," but given that there are no known cases of fatal LSD overdoses, that finding is hard to credit. Goode's family isn't buying it; they instead cite an,independent autopsy report that found Goode died after being hogtied and left prone for an extended period. That stress position caused him to have trouble breathing and, as his heart attempted to compensate, it went into cardiac arrhythmia. "He was suffocating. His heart increased into what is called tachycardia," family attorney Tim Edwards said. "There is no scientific basis to attribute his death to LSD. This was lethal force, putting someone in a prolonged hogtied position," Edwards said. "This was not a situation where a 300-pound man attacked a police officer in the dark. This was a science nerd." The family has asked the Justice Department to file a civil rights investigation and says it plans to file a lawsuit over Goode's death this month.

This Week's Corrupt Cops Stories

A trio of jail guards get in trouble, and a California sheriff's deputy gets popped with 247 pound of pot on a Pennsylvania highway. Let's get to it:

In Tuscaloosa, Alabama, a Tuscaloosa County Jail guard was arrested last Monday after authorities learned about contraband in the jail. Darius Bramlett is charged with second-degree promoting prison contraband and conspiracy to distribute a controlled substance. At last report, he was still in jail on a $30,000 bond.

In Polkton, North Carolina, a state prison guard was arrested last Monday after he balked at passing through an electronic security device, fought with other officers, ran out of the building to his car, and tried to flee. Officers found 1.5 ounces of marijuana when they searched the vehicle belonging to Correctional Officer Travis Terez Hubbard. They found another package containing an ounce of marijuana and 18 suboxone strips near where the car had been parked. He is charged with two counts of attempt to provide inmates with controlled substance, felony possession of marijuana and resisting an officer. At last report, he was in jail under an $80,000 bond.

In Hanover, Pennsylvania, a California sheriff's deputy was arrested last Tuesday after he was caught in a car with 247 pounds of marijuana being transported to the East Coast. Yuba County Sheriff's Deputy Christopher Heath, 37, was one of three men arrested in the bust, which also yielded $11,000 in cash and his department-issued service weapon. Heath is charged with possession of a controlled substance, possession with intent to deliver, and criminal conspiracy to deliver a controlled substance. Bail was set at $1 million, which he met.

In Rockview, Pennsylvania, a Rockview prison guard was arrested last Wednesday on charges he was smuggling drugs into the prison. Guard Rodney Norval Stahl, 32, is accused of trying to bring synthetic marijuana, oxycodone, tramadol and laprazolam into the prison in August. Stahl went down after an anonymous tip led to a "random" search where a drug dog alerted on him and the drugs were found. He faces 11 felony counts and is now out on bail.

Medical Marijuana Update

An Oklahoma medical marijuana initiative is dead, state legislatures are gearing up with more medical marijuana bills, New York gets kosher medical marijuana, and more.

California

Last Monday, a federal judge threw out a monopoly lawsuit against Berkeley dispensaries. Plaintiff Christopher Smith had sued the city and its existing dispensaries, arguing that the city's cap of three dispensaries allowed them to operate as for-profit businesses. But US District Court Judge William Allsup dismissed the lawsuit, saying "this court will not lend aid to Smith's efforts to operate an illegal business."

Georgia

On Wednesday, a medical marijuana cultivation bill was filed. State Rep. Allen Peake (R-Macon) has filed House Bill 722 (not yet available on the legislative website), which would allow the state to issue up to six licenses for medical marijuana growers. The legislature last year passed a bill allowing for the use of high-CBD marijuana, but included no provisions for growing it in the state.

Illinois

On Monday, the state reported nearly $1.7 million in medical marijuana sales in less than two months. Sales began on November 9 and totaled nearly $1.7 million by year's end. The state said 2,815 patients had been served. The state has collected about $107,000 in taxes so far.

Indiana

On Tuesday, a CBD for kids bill was filed. Senate Agriculture Committee Chair Jean Leising (R-Oldenburg) has filed Senate Bill 72, which would grant immunity from prosecution to doctors conducting trials on the medical efficacy of cannabidiol (CBD). The bill has already been approved by an interim committee and is expected to have good prospects of passage.

Michigan

Last Friday, a bill to prevent employers from firing patients was filed. Rep. Jeff Irwin (D-Ann Arbor) and Rep. Sam Singh (D-East Lansing) have filed House Bill 5161 to protect the employment rights of medical marijuana patients. The bill would protect patients with registration cards, but they could still be fired if their marijuana use interferes with their job performance.

New York

Last Thursday, online registration for patients began. The state Health Department launched its online registration for patients to obtain non-smokable medical marijuana when it becomes available later this week. Registration information is here.

Last Friday, New York got its first kosher medical marijuana operation. Vireo Health, a provider of non-smokable medical marijuana products, has been certified kosher by the Orthodox Union. The Union said it awarded the certificate after inspecting the company's facilities to ensure that the marijuana was being grown and processed according to kosher standards. Vireo said it was the first time a medical marijuana producer had been demanded kosher.

North Dakota

Last Monday, the medical marijuana initiative was off to a fast signature gathering start. The North Dakota Committee for Medical Marijuana said that it had gathered between 700 and 800 signatures during its first three weeks of petitioning for its initiative. The group needs 13,452 valid voter signatures by July 11 to appear on the November ballot. It says its goal is to gather at least 15,000 signatures.

Oklahoma

Last Friday, the medical marijuana initiative petition drive fell short. There will be no vote on a medical marijuana initiative this year. An all-volunteer signature gathering campaign by Green the Vote only managed to obtain 70,266 signatures. They needed 123,000 valid voter signatures to qualify for the ballot.

Oregon

On December 24, a Lane County employee was fired for medical marijuan use. Medical marijuana is legal in Oregon. Heck, marijuana is legal in Oregon. But Lane County has fired a county employee suffering from cancer who uses medical marijuana because he violated the county's drug-free workplace policy. The fired worker, Eugene resident Michael Hirsch, now has the backing of the county's largest labor union. AFSCME Local 2831 said it plans to file a grievance and fight to get Hirsch's job back. "It's outrageous to me that the county did this," said union rep Jim Steiner. "We have fought the county's termination decisions before and won, but among the terminations, this one just doesn't make sense."

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

Chronicle AM: DC Council See-Saws on Pot Clubs, Fed Judge Throws Out Pot Credit Union Lawsuit, More (1/6/16)

Marijuana business access to banking services takes a hit from a federal judge, DC marijuana social clubs take a hit from the city council, Vermont legalization prospects get downplayed, pain patients are in the cross-hairs, and more.

Mexico City Mayor Miguel Angel Mancera says legalize it. (wikipedia.org)
Marijuana Policy

Federal Judge Throws Out Marijuana Credit Union Lawsuit. US District Court Judge R. Brooke Johnson today dismissed a lawsuit seeking approval from the Federal Reserve branch in Kansas City for the first credit union for pot businesses in the state. Jackson said he was compelled to dismiss the suit because marijuana remains illegal under federal law.

DC City Council Approves, Then Bans Marijuana Social Clubs. In a topsy-turvy day, the council first voted 7-6 to let an emergency ban on pot social clubs expire, but moments later, two council members switched positions, and the ban was extended a a 9-4 vote. The ban remains in effect for 90 days, and activists will continue to agitate for it to be allowed to expire.

Vermont Legislative Leaders Pour Cold Water on Legalization Prospects This Year. As the legislative session opens, House Speaker Shap Smith (D) said that there are still too many unanswered questions about how legalization would work and that he doesn't think it is ready for a full debate at this time. Minority Leader Sen. Joe Benning (R) said he, too, had similar questions and that the effort was "not quite ready for prime time." Both Smith and Benning said they generally support legalization.

Medical Marijuana

Georgia Medical Marijuana Cultivation Bill Filed. State Rep. Allen Peake (R-Macon) has filed House Bill 722 (not yet available on the legislative website), which would allow the state to issue up to six licenses for medical marijuana growers. The legislature last year passed a bill allowing for the use of high-CBD marijuana, but included no provisions for growing it in the state.

New Psychoactive Substances

Florida Grand Jury Calls for Statewide Bans on Broad Classes of NPSs. Empaneled to confront the use of "flakka," a synthetic cathinone called alpha-PDP, a Broward County grand jury has issued a report calling for a state law that would ban entire classes of new psychoactive substances, such as synthetic cathinones, rather than limited bans on specified chemical compounds. The report calls for passage of the 2016 Florida Designer Drugs Enforcement Act proposed Monday by Attorney General Pam Bondi (R). Flakka has been linked to some 60 deaths in the state over the past four years.

Pain Treatment

CDC Proposed Opiate Prescribing Guidelines for Chronic Pain Include Provisions for Drug Testing All Pain Patients -- Still Time to Comment. The Centers for Disease Control (CDC) Guideline for Prescribing Opioids for Chronic Pain includes provisions for requiring drug testing of all pain patients -- including those with cancer or terminal illnesses. Comment on the proposed guidelines here. Comments are open until January 13.

International

Mexico City Mayor Supports Marijuana Legalization, Says Would Hurt Cartels. Mayor Miguel Angel Mancera said last week that marijuana legalization is an issue of personal freedom and that it would hurt illegal drug trafficking organizations. "My position is always in defense of freedom," he told El Universal. "I do support legalization." Legalizing marijuana would not be attractive for drug cartels, he added, saying "it would be a blow to them." Mancera's comments come as the country prepares for a national debate on legalization later this month.

Chronicle AM: Jeb Bush Releases Drug Policy, MO Bill Would Criminalize Drug Use in Pregnancy, More... (1/5/16)

Marijuana business license applications are now available online in Oregon, Illinois medical marijuana sales go past a million dollars, Jeb Bush rolls out a drug policy platform, and more.

Jeb Bush has released a drug policy platform. (wikimedia.org)
Marijuana Policy

Oregon Marijuana Business License Applications Now Available Online. The state Liquor Control Commission today opened the state's online application system for marijuana licenses. The state expects hundreds of people to apply for licenses to grow, process, and sell pot. The agency had originally planned for a call center with staff and policy experts to be open today, but a winter storm resulted instead in state buildings being closed today.

Medical Marijuana

Illinois Medical Marijuana Sales at Nearly $1.7 Million in Less Than Two Months. Sales began on November 9 and totaled nearly $1.7 million by year's end. The state said 2,815 patients had been served. The state has collected about $107,000 in taxes so far.

Indiana CBD for Kids Bill Filed. Senate Agriculture Committee Chair Jean Leising (R-Oldenburg) has filed Senate Bill 72, which would grant immunity from prosecution to doctors conducting trials on the medical efficacy of cannabidiol (CBD). The bill has already been approved by an interim committee and is expected to have good prospects of passage.

Drug Policy

Jeb Bush Rolls Out Drug Policy Platform. The GOP presidential contender today released a drug control platform that calls for increased efforts at prevention, "strengthening criminal justice" (by giving the feds "the resources they need to tackle illicit drug pipelines and supply chains," increasing sentences for high-level drug traffickers, but reducing them for low-level offenders; and increasing the use of drug courts), "securing the border," and promoting treatment and recovery programs.

Reproductive Rights

Missouri Bill Would Criminalize Drug Use By Pregnant Women. Rep. Jared Taylor (R-Nixa) has filed House Bill 1903, which would make it a crime for a woman to use drugs while pregnant. Taylor said the bill is designed to get women into drug treatment, but reproductive rights activists said it could drive them away from seeking health care. The bill would make it a misdemeanor for a woman to use drugs is she "reasonably should have known she was pregnant" and a felony charge of "abuse of an unborn child" if the fetus died before birth. Taylor filed a similar bill last year; it won a committee vote, but never got a full House floor vote.

International

Argentina's New Rightist President Vows More Drug War. President Mauricio Macri today vowed to crack down on drug trafficking as the country is mesmerized by the December 26 escape of three prisoners convicted in drug-related killings. "We are committed. We will not look away. We are going to take this on with all our strength," Macri said, blaming his predecessor, Kristina Kirchner. "We all know that, unfortunately, (drug trafficking) has increased more than ever in our country because of inaction, incompetency or complicity of the previous government," he said.

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Chronicle AM: Bolivia to Fight at UN to Decriminalize Coca, No MedMJ Initiative for OK This Year, More... (1/4/16)

Some former NFL players would rather treat their aches and pains with medical marijuana than opiates, an effort to put medical marijuana on the ballot in Oklahoma comes up short, Bolivia's president vows to fight for coca decriminalization, and more.

Bolivia's coca-growing president, Evo Morales, will fight to see his crop decriminalized. (wikipedia.org)
Medical Marijuana

Former NFL Players Want Medical Marijuana Off Banned List. Former pro football players have organized to lobby the league to allow access to medical marijuana. They formed a group called the Gridiron Cannabis Coalition to share their experiences and advocate for its inclusion in the NFL.

Oklahoma Medical Marijuana Petition Drive Falls Short. There will be no vote on a medical marijuana initiative this year. An all-volunteer signature gathering campaign by Green the Vote only managed to obtain 70,266 signatures. They needed 123,000 valid voter signatures to qualify for the ballot.

International

Bolivia Will Push for Decriminalization of the Coca Trade. President Evo Morales said last Friday that he will campaign for the United Nations to decriminalize the coca trade. Bolivia has already secured a finding from the UN that chewing coca leaf is not illicit, but wants to be able to export coca and coca products. "This is the second battle that must be waged. We are ready," he told a gathering of coca traders in Yacuiba, a village on the border with Argentina.

UN University to Host Discussion on Metrics in Evaluating Drug Policies. The UN University in New York City will host a panel discussing what metrics might best evaluate drug policy at UN headquarters on January 21. The discussion is part of the run-up to the UNGASS on Drugs set for later this spring. Click on the link for registration information.

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