Drug War Chronicle

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Chronicle AM: ME to Vote on Legalization, AK "Pot Cafes," AL Passes CBD MedMJ, More... (5/2/16)

Lots of Maine news today, Alaska could see "pot cafes," a New Hampshire asset forfeiture bill gets gutted under police pressure, and more.

Coming to Maine?
Marijuana Policy

Alaska Marijuana Draft Regulations Include Pot Cafes. Alaska could become the first legalization state to actually allow social marijuana smoking in designated businesses. The state's Marijuana Control Board has crafted draft regs that would allow users to toke up inside retail stores. The draft regs are now awaiting public comment. While "public" marijuana use is banned, the regs create an exemption for retail stores to seek an "onsite consumption endorsement" to their licenses. Stores with that endorsement could then set aside an area for people to consume marijuana.

California GOP Opposes AUMA Legalization Initiative. The state Republican Party voted at its convention over the weekend to oppose the Adult Use of Marijuana Act (AUMA) marijuana legalization initiative. "We must not turn this plague loose on our children and the people of California," said Sen. Jim Nielsen (R-Gerber, who also called marijuana an "entry-level" drug that leads to addiction. California Democrats have endorsed the initiative.

It's Official: Maine Will Vote on Legalization in November The final obstacle to a popular vote was removed last Friday, when state legislators punted on their chance to act on the citizen legalization initiative, opting instead to send the question to the voters instead. Earlier, the Campaign to Regulate Marijuana Like Alcohol, which organized the state's legalization initiative had to go to the courts to force recalcitrant state officials to properly count all the signatures, and they did so.

Vermont House Takes Up Marijuana Legalization Today. The House is considering legalization today, albeit in a roundabout fashion. One House committee rejected the legalization measure, Senate Bill 241, while another amended it to legalize possession and personal cultivation, but not regulated, legal marijuana commerce. The Senate responded by pasting SB 241 into another bill, House Bill 858, which the House is considering today. Stay tuned!

Medical Marijuana

Alabama Passes CBD Medical Marijuana Bill. Both houses of the legislature have now approved "Leni's Law," which would allow people with seizure disorders or other debilitating medical conditions to use CBD cannabis oil to treat their ailments. Gov. Robert Bentley (R) is expected to sign the bill into law.

Connecticut Medical Marijuana Expansion Bill Passes Legislature. A bill that would allow children with certain debilitating medical conditions to use medical marijuana has passed out of the legislature after a final Senate vote last Friday. Gov. Dannel Malloy (D) is expected to sign House Bill 5450 into law.

New Hampshire's First Dispensary Opens. The Sanctuary Alternative Treatment Center opened in Plymouth last Saturday. It's the first dispensary in the state to open for business. It only took nearly three years after the state's medical marijuana law was approved for this to happen.

Asset Forfeiture

New Hampshire Asset Forfeiture Bill Scaled Back Under Police Pressure. The state Senate last Thursday stripped a provision from an asset forfeiture reform bill that would have directed funds seized by police to the state's general fund rather than to the agency that seized them. The move came after police chiefs said not letting them keep the goodies would "handcuff" them.

Oklahoma Governor Signs Asset Forfeiture Reform Bill. Gov. Mary Fallin (R) last Thursday signed into law a bill that will allow people whose property is subject to asset forfeiture to recover attorney fees when they challenge the seizures. The new law goes into effect November 1.

Drug Policy

Maine Decriminalizes Drug Possession, Moves to Adopt Pre-Arrest Diversion Program. Last Thursday, a bill that would make simple drug possession a misdemeanor instead of a felony passed into law without the signature of Tea Party Gov. Paul LePage. The bill, LD 1554, decriminalizes the possession of up to 200 milligrams of heroin. Earlier this month, the legislature also approved a bill that would fund Law Enforcement Assisted Diversion (LEAD) programs, which have proven successful in Seattle and other cities.

Harm Reduction

Maine Legislature Overrides Governor's Veto of Overdose Reversal Drug Bill. The legislature voted last Friday to override gubernatorial vetoes of LD 1457 and LD 1552, which would allow access to naloxone without a prescription and provide public funding for needle exchange, respectively. Gov. Paul Le Page had claimed "naloxone does not save lives, it merely extends them until the next overdose" and complained that the $70 cost would not be repaid.

International

Canada Supreme Court Throws Out Mandatory Minimums for Drug Traffickers. In a decision last Friday, the high court ruled mandatory minimums for repeat drug offenders are unconstitutional. The case is R. v. Lloyd.

It's Official: Maine Will Vote on Marijuana Legalization in November

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

Marijuana legalization will be on the Maine ballot in November. The final obstacle to a popular vote was removed last Friday, when state legislators punted on their chance to act on the citizen legalization initiative, opting instead to send the question to the voters instead.

Earlier, the Campaign to Regulate Marijuana Like Alcohol, which organized the state's legalization initiative had to go to the courts to force recalcitrant state officials to recognize the validity of thousands of challenged voter petition signatures. The campaign had handed in roughly 100,000 signatures and only needed 61,000 valid voter signatures.

But Maine Secretary of State Matt Dunlap threw out nearly half of the signatures for various reasons, including some 17,000 that he rejected because he said the notary's signature on the petition forms did not match his signature on file. The campaign appealed to the courts, and three weeks ago, a state court ordered Dunlap to review the signatures again.

Last Wednesday, Dunlap certified an additional 11,305 signatures, which was enough to put the initiative over the top. That was followed by the legislative votes last Friday, which cleared the way for voters to make the call themselves in November.

The legalization initiative is likely to win. The most recent poll has support for legalization at 54%, and voters in Portland, the state's largest city, and South Portland have already approved local initiatives to legalize the possession of small amounts of pot.

Maine now joins Nevada as states where marijuana legalization is on the ballot this fall. At least two other states, Arizona and California, should also see legalization initiatives qualify for the fall ballot, but those campaigns are still in the signature gathering phase. There is an outside chance that Michigan could qualify an initiative this year, too.

Meanwhile, the Vermont House is today grappling with a legalization bill. That bill has already passed the Senate, but the House has been divided, and it is not at all clear that the bill will survive the session. The Vermont bill is the best chance this year for marijuana to be legalized by a state legislature.

No state has yet legalized marijuana through the legislature. All four legalization states -- Alaska, Colorado, Oregon, and Washington -- and Washington, DC, legalized it through the initiative process. By year's end, there should be a couple more legalization states and possibly as many as five, but again, it will be the voters, not the politicians, leading the way.

ME
United States

Video Killed the Drug Conviction: Chicago Narcs Busted Lying Through Their Teeth [FEATURE]

Part 10 of an occasional series on police and prosecutorial misconduct by Clarence Walker, cwalkerinvestigate@gmail.com.

It was just another marijuana bust by Chicago's crack dope squad and should have resulted in an easy conviction, but thanks to a forgotten camera, things didn't exactly work out the way the cops planned. Now, the pot dealer is free, he has a bunch of cash in pocket, and it's the cops who are facing justice.

It went down on June 6, 2013, when three Chicago Police narcotics officer and a pair of suburban Glenview police officers pulled over Joseph Sperling on the pretext that he had failed to properly use his turn signal, then claimed Sperling told them there were drugs in his vehicle. The cops said they found marijuana in plain view and arrested Sperling on marijuana possession and distribution charges. Business as usual, so far.

But when it came time to go to court the following March, things went south for the cops. Prosecutors had been questioning Chicago PD narcotics officer William Pruente, who said in sworn testimony that when police pulled over Sperling they immediately smelled marijuana and ordered him to exit the vehicle and stand at the rear of the car.

Then, defense attorney Steven Goldman asked the veteran narc if Sperling was handcuffed after he got out of the car.

"No, he was not handcuffed," Pruente replied. "He was not under arrest at that time."

Chicago narcotic officers Sergeant James Padar and Vince Morgan and Glenview Police officers James Horn and Sergeant Theresa Urbanowski backed up Pruente's story.

Then, as Urbanowski was testifying, defense attorney Goldman dropped a bombshell. He interrupted the testimony to inform Judge Catherine Haberkorn that he needed to offer a videotape into evidence.

In a moment of courtroom drama like something out of "Law and Order," Goldman revealed that the video came from Urbanowski's police cruiser and that it flatly contradicted the sworn testimony of the police officers. The police had been lying to the court and to the judge and the video would prove it, Goldman said.

As Goldman patiently took Urbanowski back over the events she'd testified about, he played the recording and asked her to describe the difference between her original testimony and what was happening on the tape.

The footage contradicted the testimony of the police officers. Pruente had testified that Sperling had not been arrested or handcuffed until the cops had found the dope in plain view, but the video showed Pruente walking up to Sperling's car, reaching in the open window, unlocking the door, pulling Sperling out, handcuffing him, and placing him in the back seat of a patrol car. Only then did the officers move to search the car.

The video clearly showed the officers spending minutes thoroughly searching Sperling's car before finding weed and a small amount of psychedelic mushrooms in a black duffel bag.

As defense attorney Goldman noted during questioning, if the drugs had really been in plain view on the front seat of the vehicle, the officers had no need or reason to search it because they already had the drugs.

The brazen distance between the officers' testimony and what the video revealed infuriated Judge Haberkorn, who immediately granted Goldman's motion to suppress the evidence because the video showed police had neither probable cause to arrest Sperling nor a warrant to search his vehicle.

"This is very outrageous conduct," Haberkorn said from the bench. "All the officers lied on the stand today. All their testimony is a lie. There is strong evidence it was a conspiracy to lie in this case, for everyone to come up with the same lie."

Haberkorn then dismissed the criminal charges against Sperling.

"If this could happen to me, it could happen to anyone," said Sperling, then 23, during a press conference with reporters after the release of his videotaped arrest. "I just happen to be one of the lucky few that had a video that proved the officers were wrong."

The Cook County criminal justice system may have been done with Sperling, but he wasn't done with it. Shortly after the charges were dismissed, he filed a federal civil rights lawsuit alleging illegal search and seizure against the Chicago and Glenview police departments. And he won. The two cities involved settled the suit, paying Sperling $195,000 for his troubles.

Others who have been similarly victimized could do the same. Under the US Code Section 1983, citizens are allowed to sue police in federal court as a result of an illegal search and arrest if the officer acted with malice "under color of law."

In Sperling's case, attorney John Loevy argued in the lawsuit that there was insufficient legal justification for officers to stop and arrest Sperling and search his vehicle, which was done without probable cause. Those illegal actions violated Sperling's civil rights under the Fourth, Fifth, and Fourteenth amendments, as prescribed under Section 18 US Code 242. The argument was strong enough to force the cities to settle.

Cook County State's Attorney Anita Alvarez (twitter.com)
Former Houston Police homicide and narcotic gang investigator Rick Moreno told Drug War Chronicle the officers lied to protect an informant when they could simply have gone by the book and done their bust right.

"Once those officers had all the information about this guy having dope in his car they needed a warrant," Moreno explained.

But the narcs plotted a scheme disguised as a routine traffic stop to avoid having to obtain one.

"What they've done in this case was a 'wall off' technique." Moreno said, referring to a strategy most narcotic officers use to put a wall between the officer and the information provided by a snitch. And if everything goes as planned, the officer gets the dope without a warrant, they got the dope dealer and the snitch is protected."

"The biggest casualty in the war on drugs is the truth," said Chicago civil attorney Jon Loevy, who represented Sperling in his civil rights lawsuit.

"The ends justify the means," said criminal defense attorney Goldman, explaining the attitudes that drove the cops to lie on the stand. "So because they get the bad guy off the street or the drugs out of their hands, everybody's happy."

Well, not everybody, not when the lies are so blatant they cannot be ignored. The Cook County criminal justice system wasn't done with the cops caught lying on the witness stand. Sgt. Urbanowski's camera had caught them red-handed, and four of them were indicted by a Cook County grand jury on perjury, obstruction of justice, and official misconduct charges in June 2015. They all face up to five years in prison on each count. The three Chicago police officers were immediately suspended, and the Glenview police officer was later fired. Their trials got underway this week.

"The foundation of our criminal justice system rests on the concept of truthful testimony," said Cook County States' Attorney Anita Alvarez in a press statement announcing the indictments. "We expect it from our witnesses and we demand it from our police officers."

The criminal charges filed against the officers made headlines across the state and constituted another black mark against the much criticized Chicago Police Department. But the buzz around the courthouse was not just over the charges, but whether they would lead to the dismissal of other drug cases in which the charged cops were involved.

Calls to the Cook County prosecutor's office regarding whether the four indicted officers would be investigated for perjury or illegal tactics in previous drug cases have not been returned.

While Sperling won $195,000 in damages from his illegal search and seizure lawsuit, legal experts say such victories are rare. Defendants usually don't pursue such suits due to lack of funds, and if a case involving a bad search is dismissed, most defendants are just relieved the case is over and they no longer face charges, said Penn State University law professor David Rudovsky, a leading civil rights and criminal defense attorney and author of The Law of Arrest, Search, and Seizure.

Penn State law professor David Rudovsky (law.penn.edu)
Rudovsky told Drug War Chronicle there is also another reason such lawsuits are rare.

"Why would a jury award money for damages to a criminal already proven to have committed a crime?" he asked rhetorically.

Police perjury is nothing new -- the practice has even generated its own nickname, "testilying" -- but the Sperling case has renewed debate over why law enforcers resort to breaking the law.

"Police perjury in court to justify illegal dope searches is commonplace," wrote former San Francisco police commissioner Peter Keane in a much-cited article on the topic.

"I've heard some police officers say in a social setting, 'If [the defendant] is going to lie to beat the case, why can't I lie too?" Cook County Public Defender, and former prosecutor Abishi Cunningham Jr. related.

"When police lie to make a case on someone they are saying the criminal justice system doesn't work... so I'm going to do it my way," Houston civil and criminal attorney Annie Briscoe told the Chronicle.

Briscoe recalled a drug case involving police illegal search where police recovered a sizeable amount of drugs from a client of hers. Houston police claimed he resembled a fugitive they were looking for. With her client facing up to life in prison, Briscoe convinced the trial judge to throw out the charge because of illegal search and seizure through the simple expedient of showing the judge a photo of the fugitive, who looked nothing like her client.

While the judge called Briscoe's client "one lucky guy," Briscoe had a slightly different take.

"The law should be enforceable by way of truth," she said.

Police are also incentivized by the war on drugs to cut corners so they can reap monetary rewards, whether through asset forfeiture or by earning federal anti-drug grants through aggressive enforcement actions. And each bust makes their numbers look better.

As NYPD Officer Adil Polanco once revealed through a surfeit of honesty, "Our primary job is not to assist anybody, our primary job is to get those numbers and come back with them. You have to write somebody, arrest somebody, even if the crime is not committed, the number is there."

Yes, there are numerous reasons cops lie. But none of them justify the lying, or the corrosive effect such behavior has on public trust and respect for law enforcement. These Chicago police officers are about to find out just how seriously the system takes such dishonesty, especially when it is so blatant the system can't pretend it doesn't see it.

Chicago, IL
United States

This Week's Corrupt Cops Stories

Another jail guard in trouble, an Ohio narc heads to prison, and so does a veteran Alabama cop. Let's get to it:

In Live Oak, Florida, a county jail guard was arrested last Wednesday on charges he was selling smuggled cigarettes, synthetic cannabinoids, and cellphones to inmates at the Suwannee Correctional Institution. Michael Dale Lindblade, 28, is charged with official misconduct, unlawful compensation, and removal of contraband. At last report, he was being booked into his now former place of employment.

In Akron, Ohio, a former East Cleveland narcotics detective was sentenced last Wednesday to nearly six years in federal prison after he admitted being part of scheme to rip off thousands of dollars from suspected drug dealers. Antonio Malone, 34, is the third former East Cleveland officer to go down in the corruption case in the street crimes unit. The officers conducted illegal searches and falsified search warrants while stealing from suspects. Malone pleaded guilty to one count of conspiracy.

In Huntsville, Alabama, a former Huntsville police officer was sentenced Tuesday to two years in federal prison for bribing a rookie cop to drop drug trafficking charges against an accused dealer. Lewis Bernard Hall went down after the rookie reported the bribe, starting a city and FBI investigation. The rookie also got shorted on the bribe money by Hall and the drug dealer. Hall copped to one count of conspiracy and must report to prison next month.

Medical Marijuana Update

The DEA approves a PTSD medical marijuana study, a Senate committee votes to rein in the DEA on medical marijuana, a Utah poll has very strong support for medical marijuana, and more.

National

Last week, the Senate Appropriations Committee voted to prevent the DEA from undermining state medical marijuana laws. The committee voted 21-8 to approve an amendment offered by Senator Mikulski (D-MD) to protect state medical marijuana laws from federal interference by the Department of Justice and Drug Enforcement Administration. After decades of inactivity on marijuana reform, Congress has moved at lightning pace to advance marijuana reform in recent years. Last week the Senate Appropriations Committee voted to allow Veterans Administration doctors to recommend marijuana. The Committee approved similar amendments last year as well as an amendment to allow state-legalized marijuana businesses to access banks and other financial services. The Mikulski amendment is expected to pass the full Senate as well as the House. Similar amendments were passed by Congress last year and the year before.

Last week, DEA approved a Colorado-funded study on marijuana and PTSD. It's the first time the agency has given permission to use raw marijuana in a controlled clinical trial for PTSD. Enrollment in the study could begin as early as next month. The study is one of nine funded by historic grants from the Colorado Health Department, which are in turn funded by medical and legal marijuana fees and tax revenues.

Connecticut

Last week, the House approved medical marijuana for kids. The House voted overwhelmingly last week to expand the state's four-year-old medical marijuana program to include children. The bill also includes a provision to create a Board of Physicians to review requests for new ailments to be added the list of qualifying conditions, which currently lists 17 diseases or syndromes. The bill now goes to the state Senate.

Iowa

On Monday, a href="http://globegazette.com/news/iowa/gop-medical-cannabis-plan-voted-down/article_f665abe6-90a0-58d9-b756-fed6c88a88d8.html" target="_blank">a CBD medical marijuana expansion bill was killed. A Republican-backed bill to expand the number of ailments for which Iowans could use CBD cannabis oil was defeated in the House Monday. Democrats said the proposal did not go far enough, while some Republicans objected to any effort to legalize marijuana, medicinal or otherwise. The bill was defeated 61-36.

Montana

On Monday, the state Supreme Court delayed enforcement of its medical marijuana rollback. The state high court said it will delay enforcement of its February ruling dramatically rolling back the state's medical marijuana program. The court said its ruling would now not go into effect until August 31. Montana activists and medical marijuana industry spokesman have said the rollback would force the closure of dispensaries and leave patients in the lurch. Supporters are also working on an initiative campaign to put a revamped medical marijuana system before the voters in November.

Utah

On Wednesday, a new poll found strong support for medical marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.

Chronicle AM: NH Decrim Back From the Dead, 4/20 MJ Sales Topped $37.5 Million, More... (4/27/16)

Americans spent a lot of money on weed for 4/20, Dana Rohrabacher endorses California's AUMU pot legalization initiative, New Hampshire decrim rises from the dead, and more.

Marijuana Policy

4/20 Pot Sales Hit $37.5 Million. Americans spent more than $37.5 million on legal marijuana purchases on the 4/20 stoner holiday, according to MJ Freeway, a global cannabis business seed-to-sale tracking software provider. That's up by more than 30% over 2015.

Conservative GOP Congressman Endorses California's AUMA Legalization Initiative. Rep. Dana Rohrabacher (R-Costa Mesa) has announced his support for the Adult Use of Marijuana Act (AUMA) legalization initiative. "As a Republican who believes in individual freedom, limited government and states' rights, I believe that it's time for California to lead the nation and create a safe, legal system for the responsible adult use of marijuana," said Rohrabacher. He is the second California congressman to endorse the initiative. Rep. Ted Lieu (D-Torrance) announced his support last week.

Michigan House Approves Marijuana Drugged Driving Study Bill. The House voted 107-1 Tuesday to approve House Bill 5024, which would create a commission to research and recommend a threshold for THC that would establish evidence of impaired driving. The bill now goes to the Senate.

New Hampshire Decriminalization Reemerges. The decriminalization bill had been killed, but the House Criminal Justice and Public Safety Committee voted 12-7 Tuesday to bring decrim back to life. The committee voted to amend Senate Bill 498, which deals with discretion in sentencing, to make possession of up to a quarter ounce of marijuana a civil infraction instead of a misdemeanor. The bill will come before the House next month.

Medical Marijuana

Utah Poll Finds Strong Support for Medical Marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.

Law Enforcement

Family of Florida Man Slain in Marijuana Raid Awarded $500,000. The family of Derek Cruice, who was shot in the face and killed during a small-time marijuana raid in Deltona, Florida, in March 2015, will receive $500,000 in a settlement from Volusia County. Cruice was unarmed when he was shot in his living room by a Deltona police officer. The officer was never charged with a crime.

International

Israeli Police Won't Stop Busting People for Marijuana. Even though a former police commissioner has called for the country's police to reexamine their approach to marijuana in the face of increasing acceptance of its use, police aren't taking up the suggestion. Instead, police have decided that "enforcement policies should continue as they are." One police officer said he needed to be able to bust drug users in order to get at dealers.

Chronicle AM: CT Opioids Bill Passes House, CA Drug Sentence Reduction Bill Killed, More... (4/26/16)

DC marijuana activists scored a White House meeting, Montana medical marijuana patients catch a temporary break, hemp states could be protected from federal interference, Canada just says no to decrim ahead of pot legalization next year, and more.

A Connecticut bill would provide broader access to the opioid overdose reversal drug naloxone. (wikimedia.org)
Marijuana Policy

White House Staffers Meet With DC Marijuana Activists. Adam Eidinger and Nikolas Schiller of the DC Cannabis Campaign met with White House staffers Monday and urged them to commit the administration to a marijuana policy summit at the White House. They didn't get any answers from the staffers, but Eidinger said they did get "a lot of nods, a lot of smiles."

Nebraska and Oklahoma Try Again to Derail Colorado's Pot Legalization. After being turned away by the US Supreme Court in their bid to overturn marijuana legalization in Colorado, the two neighboring states have asked to be added to another case at the US 10th Circuit Court of Appeals in Denver brought by opponents of legalization. The case consolidates two separate lawsuits brought by a group of county sheriffs and the owners of a rural property, and now, Nebraska and Oklahoma hope it will include them, too.

Medical Marijuana

Iowa CBD Medical Marijuana Expansion Bill Killed. A Republican-backed bill to expand the number of ailments for which Iowans could use CBD cannabis oil was defeated in the House Monday. Democrats said the proposal did not go far enough, while some Republicans objected to any effort to legalize marijuana, medicinal or otherwise. The bill was defeated 61-36.

Montana Supreme Court Delays Enforcement of Medical Marijuana Rollback. The state high court said it will delay enforcement of its February ruling dramatically rolling back the state's medical marijuana program. The court said its ruling would now not go into effect until August 31. Montana activists and medical marijuana industry spokesman have said the rollback would force the closure of dispensaries and leave patients in the lurch. Supporters are also working on an initiative campaign to put a revamped medical marijuana system before the voters in November.

Hemp

Senate Committee Approves Amendment to Block Federal Interference With Hemp. Sens. Jeff Merkley (D-OR) and Ron Wyden (D-OR) offered an amendment to the Senate Commerce, Justice, and Science appropriations bill that would prevent the federal government from interfering with implementation of state hemp laws, and the Appropriations Committee passed it last Friday. More than half the states have laws allowing farmers to cultivate hemp, but they faced the prospect of the DEA taking action against them. That will end if the amendment survives the rest of the appropriations process.

Heroin and Prescription Opioids

Connecticut House Passes Comprehensive Opioid Bill. The House Monday unanimously approved House Bill 5053, which would widen access to the overdose reversal drug naloxone, put a seven-day cap on first-time opioid prescriptions, strengthen the prescription monitoring program, provide a release from liability for Good Samaritans who administer naloxone, and add staffing for emergency medical care and the Alcohol and Drug Policy Council. The bill now goes to the Senate.

Sentencing

California Bill to Reduce Drug Sentences Fails. A bill to repeal sentencing enhancements for certain drug offenses died in the Senate Monday after some senators warned that it would favor drug dealers. The measure, Senate Bill 966, filed by Sen. Holly Mitchell (D-Los Angeles), would have repealed a law that adds three years in prison for people convicted of drug distribution offenses if they have previously been convicted on similar charges. All Republican members voted against it, as did three Democrats, while five more Democrats abstained. The bill lost 18-16.

International

Canada Will Not Decriminalize Marijuana Possession Ahead of Legalization. The Liberal government has made it clear that it will not move to end marijuana possession arrests ahead of its push to legalize marijuana, which it said it will undertake next year. "The current provisions of the CDSA [Controlled Drugs and Substances Act] regarding marijuana will remain in place until they are replaced by new legislation that will legalize and strictly regulate marijuana, Ian McLeod, a spokesperson for the Ministry of Justice, said. "Marijuana will not be decriminalized prior to legalization."

Chronicle AM: NE Ends Civil Asset Forfeiture, New England Pot Politics, Mexico Marijuana Reforms, More... 4/25/16

Marijuana policy is keeping state houses busy in New England, Nebraska becomes the 10th state to end civil asset forfeiture, Maine's Tea Party governor vetoes a Naloxone bill, Mexico's president expands marijuana reforms, and more.

Marijuana Policy

DC Marijuana Activists Meet Today With White House. Two members of the DC Cannabis Campaign (DCMJ) were set to meet with Obama administration officials at the White House today. DCMJ head Adam Eidinger said he had been requesting a "Bud Summit" with Obama's leading drug advisors for years, but had no response until his group demonstrated in front of the White House on April 2. "This is an opportunity for the White House to meet with serious and committed cannabis activists and hear our case for why it's in President Obama's best interest to work with the attorney general to fully remove cannabis from the Controlled Substances Act," DCMJ co-founder Nikolas Schiller said in a statement.

Connecticut Legalization Bill Dies. There will be no marijuana legalization in Connecticut this year. Rep. Juan Candelaria (D-New Haven), sponsor of the legalization bill, withdrew it last Wednesday after first attempting to add it as an amendment to a related bill. The bill had been declared dead earlier in the session, and Candelaria's move last week was a last ditch effort to keep it alive.

Illinois Decriminalization Bill Advances. A bill that would decriminalize the possession of up to 10 grams of marijuana was approved by the Senate last week. A similar measure was approved by the legislature last year, only to be vetoed by Gov. Bruce Rauner (R). This year's bill lowers the decrim limit from 15 grams to 10 grams, making it a bit more palatable to the governor. A spokesman for Rauner said he was "encouraged" that legislators heard his concerns and would be monitoring the bill's progress. The bill now goes to the House.

New Hampshire Decriminalization Bill Dies. The Senate voted last week to kill House Bill 1631, which would have decriminalized the possession of up to half an ounce of marijuana. This is the seventh time the House has approved decriminalization, only to see it shot down by the Senate. New Hampshire is the only state in New England that has not decriminalized small time pot possession. This year, the legislation ran up against concern over heroin and prescription opioid abuse. "We are in a war, and the last thing we need is to tell our citizens it is OK to use a little marijuana or any other illegal substance," said Sen. Gary Daniels (R-Milford).

Rhode Island Poll Has Support for Legalization at 55%. A new Brown University Taubman Center for American Politics and Policy poll has two-thirds (67%) supporting medical marijuana and a solid majority (55%) in favor of marijuana legalization. This as a legalization bill has been stalled this year. "I know public officials are being very thoughtful and careful on this issue," pollster James Morone said. "But it's hard to see in the long run how legalization won't happen because there is so much strong support among young people. But I would emphasize 'in the long run.' I think anytime you have voters under 44 years old supporting something by 72 percent, it's just a question of time," he added. "Like same-sex marriage around the country, it's being driven by the demographics around the country. It's the exact same dynamic."

Vermont Legalization Bill Amended. The state's legalization bill, Senate Bill 241, faces an uncertain fate after the House Ways and Means Committee approved it, but only after amending it to allow residents to grow and possess small amounts of pot, but not to allow regulated sales. Another House committee had rejected legalization, and a third House committee now has it under consideration. If the House manages to pass some version of the bill, it will have to be reconciled with the version passed earlier by the Senate.

Medical Marijuana

Senate Appropriations Committee Votes to Prevent DEA from Undermining State Medical Marijuana Laws. The committee voted last week 21-8 to approve an amendment offered by Senator Mikulski (D-MD) to protect state medical marijuana laws from federal interference by the Department of Justice and Drug Enforcement Administration. After decades of inactivity on marijuana reform, Congress has moved at lightning pace to advance marijuana reform in recent years. Last week the Senate Appropriations Committee voted to allow Veterans Administration doctors to recommend marijuana. The Committee approved similar amendments last year as well as an amendment to allow state-legalized marijuana businesses to access banks and other financial services. The Mikulski amendment is expected to pass the full Senate as well as the House. Similar amendments were passed by Congress last year and the year before.

DEA Approves Colorado-Funded Study on Marijuana and PTSD. The DEA gave the go-ahead for the ground-breaking study last week. It's the first time the agency has given permission to use raw marijuana in a controlled clinical trial for PTSD. Enrollment in the study could begin as early as next month. The study is one of nine funded by historic grants from the Colorado Health Department, which are in turn funded by medical and legal marijuana fees and tax revenues.

Connecticut House Approves Medical Marijuana for Kids. The House voted overwhelmingly last week to expand the state's four-year-old medical marijuana program to include children. The bill also includes a provision to create a Board of Physicians to review requests for new ailments to be added the list of qualifying conditions, which currently lists 17 diseases or syndromes. The bill now goes to the state Senate.

Asset Forfeiture

Nebraska Latest State to Institute to Abolish Civil Asset Forfeiture. Last week, Gov. Pete Ricketts (R) signed into law LB 1106, which eliminates civil forfeiture in the Cornhusker State. The bill had passed the legislature a week earlier on a vote of 38-6. Nebraska becomes the 10th state to eliminate civil asset forfeiture. Now, if Nebraska cops want to seize cash and property, they must first obtain a criminal conviction. The bill also imposes some limits on state law enforcement participation in the federal "equitable sharing" program, under which police can end run state laws directing where seized assets go by turning the busts over to the feds, who in turn give back 80% of the value of seized goods to the arresting agency.

Harm Reduction

Maine Governor Vetoes Bill Seeking to Increase Access to Life-saving Overdose Antidote Naloxone. Gov. Paul LePage last week vetoed the bill last week, arguing that "naloxone does not truly save lives; it merely extends them until the next overdose." Every state in the nation, with the exception of five, have either passed or are in the process of passing naloxone access legislation, and thirty states currently allow for sales of the overdose antidote without a prescription. The bill, LD 1547, could still be revived, though. On Friday, the legislature will take up all bills vetoed by Le Page, including LD 1547. Two-thirds votes in both the House and the Senate would be needed to override the veto.

International

Mexican President to Push Broader Marijuana Decriminalization, Medical Marijuana. President Enrique Pena Nieto used his speech before the UN General Assembly Special Session (UNGASS) on Drugs last week to call for decriminalizing up to an ounce of marijuana and legalizing the medicinal use of the plant. Currently, only up to five grams is decriminalized. "We Mexicans know all too well the range and the defects of prohibitionist and punitive policies, and of the so-called war on drugs that has prevailed for 40 years," Pena Nieto said. "Our country has suffered, as few have, the ill effects of organized crime tied to drug trafficking. Fortunately, a new consensus is gradually emerging worldwide in favor of reforming drug policies," he said. "A growing number of countries are strenuously combating criminals, but instead of criminalizing consumers, they offer them alternatives and opportunities."

UN Bicycle Day Rally Calls for Psychedelic Freedom

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

This year's United Nations General Assembly Special Session (UNGASS) on Drugs is notable for the increasing inclusion of non-governmental voices, with civil society being represented for the first time within the session itself. In this case, civil society refers to non-governmental organizations, most of which seem to oppose the existing international drug prohibition regime.

But as the UNGASS proceeds this week, civil society is making itself heard not only inside the UN, but outside the formal structures of the meeting, too. At Dag Hammarskjold Plaza, in the very shadow of UN headquarters, demonstrators are showing up daily to promote a variety of drug reform-related causes.

On Monday, the Latin American Caravan for Peace, Life and Justice, Students for Sensible Drug Policy (SSDP), and Moms United -- a group in which many members have lost children to prison, violence, or drug overdoses -- rallied hundreds of people to call for repealing global drug prohibition. On Wednesday, April 20, the cannabis culture contingent was out in force to call for marijuana legalization.

But the demonstration on Tuesday, April 19, was to promote a slightly more esoteric position: support for access to psychedelic drugs. The date is known by psychonauts as Bicycle Day, to commemorate April 19, 1943, the date Swiss chemist Albert Hofmann intentionally ingested his new creation, LSD-25, took off for home on his bicycle, and began tripping brains, inaugurating the modern psychedelic era.

The ride was a bit bumpy, with Hofmann reporting wavering vision, a sense of motionless, and a "weird, unfamiliar world." But it got better, as he wrote in his notes on the hallucinogenic trip:

Now, little by little I could begin to enjoy the unprecedented colors and plays of shapes that persisted behind my closed eyes. Kaleidoscopic, fantastic images surged in on me, alternating, variegated, opening and then closing themselves in circles and spirals, exploding in colored fountains, rearranging and hybridizing themselves in constant flux.

Welcome to the psychedelic age. Between then and the late 1960s, LSD was the subject of much fascinating and provocative research, especially on its therapeutic uses for dealing with issues such as alcoholism, trauma, and depression. But that scientific interest was squelched by the prohibition of the drug (and its insertion into Schedule I of the Controlled Substances Act in the US) after its use spread from scientific and research circles into the population at large, especially the hippies.

Still, interest in LSD and other psychedelics never went away, and now the mind-altering substances are making a comeback, both in the research community and in popular culture. Earlier this month, scientists examined the brains of people on acid using cutting-edge nuero-imaging techniques to show exactly what LSD does in the human brain. And further research on LSD and other psychedelics for therapeutic purposes is ongoing.

But the people in the plaza on Tuesday were, for the most part, not scientists and researchers but enthusiasts and psychedelic explorers. Led by Psymposia and the Psychedelic Society of Brooklyn (one of at least 50 city-based such societies around the world), they took on the question of why use, support, or call for the legalization of the consciousness-changing drugs by providing their own answers under the format of "Psychedelics Because…"

"The science has been there for 50 years, but that doesn't change hearts and minds," began event MC Lex Pelger as he urged a popular push for psychedelic acceptance. "When used properly and with intention, these drugs can be tremendously beneficial," he added, citing the recent (and not so recent) research on their therapeutic potential.

Pelger urged others in the audience to share their own stories, and they did.

"I was seriously depressed and then did iboga and cured myself," said someone identifying himself as Rainbow Star Guide. "Eat the plants!"

Another speaker, also citing problems with depression, said that he used ayahuasca to break free.

"It gave me a feeling of happiness, energy, and contentment," he said. "Think about the influence that psychedelic culture could have. These substances can open us up to try to build a better world, to save the world."

"The war on drugs is stealing happiness from the world!" interjected Pelger.

"Psychedelics can help shake you free of your shit," said another speaker, who identified as a shamanic practitioner who worked with ayahuasca, before playing a trippy ode to the powerful herbal concoction on a very strange drum-like instrument.

A young man who identified himself as a Muslim described his confusion and alienation growing up in the faith in America in the post-9/11 era. He told how he ate magic mushrooms at age 16 in a search for spiritual direction.

"That offered me the resilience and the head space to develop my own framework," he said.

Not everyone claimed profound, life-changing reasons for using psychedelics.

"Psychedelics because they make the music sound great and because my head doesn't belong to the state," said a long-haired man who appeared old enough to have melted his mind listening to Jimi Hendrix.

Some psychedelic researchers were present, including Neil Goldsmith, a psychotherapist and author of Psychedelic Healing: Entheogens for Psychotherapy and Spiritual Development.

"Psychedelics enhanced my practice by illuminating my insides," he said. "I do them and bring that insight and wisdom to my practice. Psychedelics should be permitted as an adjunct to psychotherapy," Goldsmith added.

Psychedelic science, medicine, and culture is undergoing a renaissance. It's breaking out all over, including this week in the shadows of UN headquarters. The nations of the world may not be listening yet, but the clamor is growing louder.

Canada Will Move to Legalize Marijuana Next Year

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

Canadian Prime Minister Justin Trudeau, elected last fall, campaigned on a promise that his Liberal government would legalize marijuana. Now, we're getting an idea of just when that is going to happen.

Speaking at the UN General Assembly Special Session (UNGASS) on the World Drug Problem Wednesday, Canadian Health Minister Jane Philpott said the government will introduce legislation to legalize and regulate marijuana in spring 2017.

"Our approach to drugs must be comprehensive, collaborative, and compassionate. It must respect human rights while promoting shared responsibility. And it must have a firm scientific foundation. In Canada, we will apply those principles with regard to marijuana," she said.

"To that end, we will introduce legislation [to legally regulate marijuana] in spring 2017 that ensures we keep marijuana out of the hands of children and the profits out of the hands of criminals. While this plan challenges the status quo in many countries, we are convinced it is the best way to protect our youth while enhancing public safety."

Canada's is a parliamentary system, which generally means that if the government introduces a bill, it becomes law. There could be unforeseen bumps in the road, but it appears all but certain that the land of the maple leaf is soon going to become the land of the pot leaf, too.

In the meantime, government officials, including legalization point man former Toronto Police Chief Bill Blair, are emphasizing that until the law changes, marijuana remains illegal except for medicinal purposes. After a Canadian Supreme Court decision in March, medical marijuana users will be able to grow their own, a right that was taken away by the previous Conservative government.

But within a couple of years, any adult Canadian should be able to join them.

New York, NY
United States

Beyond UNGASS: Looking Toward 2019 [FEATURE]

The United Nations General Assembly Special Session (UNGASS) on Drugs is set for UN Headquarters in Manhattan next week, and civil society and some European and Latin American countries are hoping to make limited progress in moving toward more evidence- and public health-based drug policies. But, knowing the glacial pace of change at the UN and well aware of how little of substance is likely to emerge from the UNGASS, some eyes are already turning to the post-UNGASS international arena.

UNGASS is coming... and then what? (Creative Commons)
Hopes for more forward movement at the UNGASS, always tentative and facing opposition from global drug war hardliners such as Russia, China, and Singapore, were effectively dashed at the run-up meeting of the Commission on Narcotic Drugs (CND) meeting last month in Vienna, whose outcome document was described as "quite awful" by leading Canadian drug policy expert Donald MacPherson.

The outcomes document includes some minor progressive movement, but does not challenge the trio of treaties that form the legal backbone of global drug prohibition, while its embrace of "flexibility" emboldens regressive, repressive measures (the death penalty for drug offenses, forced "treatment," criminalization of drug users) in hard line countries, despite being helpful for progressive reforms around the edges of the treaties' prohibition.

MacPherson was one of a handful of international drug policy experts and elected officials who took part in a teleconference last week organized by StoptheDrugWar.org (publisher of this newsletter), a US-based group that has been deeply involved in civil society organizing around the UNGASS. He wasn't the only one looking beyond 2016.

Mexican Senator Laura Angelica Rojas Hernández, chair of the Senate Committee on Foreign Affairs and International Organizations, called this year's UNGASS poses "a step" toward examining the objectives of the 2009 Political Declaration and Action Plan on drugs, which will be reviewed in 2019. While the CND outcomes document had good language around the need for embracing multiple approaches, such as public health, human rights, gender, and prevention, it also includes serious shortcomings, she said.

Mexican Senator Laura Angelica Rojas Hernandez (pan.senado.gob.mx)
"There is a lack of recognition of the relative efficacy of demand reduction and harm reduction policies and the absence of an acknowledgement of the high costs that the prohibitionist and punitive approaches have generated," the senator said.

Mexican senators know all too well the high costs of drug prohibition. For the past decade, the country has been battered by brutal prohibition-related violence that has left at least 100,000 dead, tens of thousands more "disappeared," a legacy of human rights abuses by soldiers and police fighting the cartels, and the legitimacy of the state severely weakened.

"The international community should continue to work toward the establishment of indicators that could help measure the impact of drug policies on people's lives and their rights," Rojas said, suggesting this could still happen at the UNGASS.

But she was also looking down the road.

"Something that should be placed on the table in 2019 is a thorough review of the three conventions on drug control that acknowledges the highly detrimental effects of the current approaches," she said. "And we should be more honest about the so-called flexibility of implementation offered by these treaties and acknowledge that there should be a wider range of action for countries to define their own drug policies, taking into consideration their national and cultural context."

Canadian drug policy expert Donald MacPherson (cssdp.org)
Both Rojas and Canada's MacPherson called for some sort of expert mechanism to guide policymakers eyeing the 2019 meeting.

"Organizations and even some governments are beginning to call for a mechanism post-UNGASS to get real with the modernizing of the treaties," MacPherson said, reflecting frustration with the UNGASS process and prospects. "It's really important that UN member states speak strongly for the need for that mechanism, whether it's an expert committee or some other sort of group. And it needs to happen now -- the next three years are critical coming up to 2019. We really do need to have that process in place to [counter] the kind of intransigence of other countries that use the consensus-based model to hold progress ransom."

"The international community should examine the possibility of establishing an analysis mechanism as a working group of experts, for example, with a mandate to formulate recommendations aimed at the modernization of the international system of drugs for the 2019 review process," Rojas added. "And from a longer-term perspective, we need to see the creation of a special office within the UN Human Rights Council, to follow up and monitor the respect of human rights in the context of the enforcement of the drug policies."

The UNGASS hasn't even gotten here yet, and interested observers are already looking past it. Welcome to politics at the United Nations where most things happen at a snail's pace. The global drug prohibition consensus may be crumbling, but it is crumbling very slowly at the level of international conventions and institutions. The work continues.

[A follow-up story on prospects for marijuana legalization in Canada and Mexico will highlight remarks during the teleconference by Canadian Member of Parliament Nathaniel Erskine-Smith, Aram Barra of Mexico United Against Crime, and StoptheDrugWar.org executive director David Borden.]

This Week's Corrupt Cops Stories

Detroit's dope squad scandal continues to fester, a Louisiana head narc gets caught with his hand in the cookie jar, and more. Let's get to it:

In Houma, Louisiana, the head of the Terrebonne Parish Sheriff's Office narcotics division resigned Monday, just days before he faces a federal court hearing. Major Darryl Stewart is accused of stealing more than $1,000 in federal money between April 2011 and December 2012. The money was for an underage youth drinking prevention program. Stewart appears in federal court on those charges Friday.

three Detroit police officers were indicted Wednesday on federal charges they conspired to bust drug dealers, steal their stashes, and even sell the stolen drugs themselves. Lt. David Hansberry, Officer Bryan Watson and Officer Arthur Leavells are part of a larger group of 11 Detroit Police Narcotics Unit officers named in civil cases alleging similar misconduct. These indictments supersede April 2015 indictments and add more charges. The federal government says the men surveilled big drug deals, then struck, "using their police authority to extort drugs, money and personal property." Hansberry faces 18 felony charges, Watson faces 16, and Leavells faces two, even though he's already copped to conspiracy to distribute drugs and is looking at a four-year mandatory minimum.

In Easton, Pennsylvania, a former East Stroudsburg University police officer pleaded guilty last Thursday to what are essentially "doctor shopping" charges. Matthew Bill, 42, had faced more than a dozen felony charges for obtaining hundreds of prescription pain pills by visiting at least 19 doctors. He copped to three counts of procurement of a controlled substance by fraud and was sentenced to three years' probation. 

Medical Marijuana Update

Medical marijuana for veterans advances in the Senate, Pennsylvania is set to become the 24th medical marijuana state, things are busy in Ohio, and more. 

National

On Thursday, a Senate committee approved veterans' access to medical marijuanaThe Senate Appropriations Committee passed a bipartisan amendment Thursday, 20 to 10, allowing Veterans Administration (VA) doctors to recommend medical marijuana to their patients in states where medical marijuana is legal. The vote is the second time the U.S. Senate has advanced this issue. The amendment did not make the final appropriations bill last year after narrowly losing in the House.

Colorado

On Monday, a bill to allow medical marijuana at schools advanced. A bill that would require schools to allow students to use medical marijuana on campus has passed its legislative hurdle. House Bill 1373 was approved 10-3 by the House Agriculture, Livestock and Natural Resources Committee and now heads for a House floor vote. State law already gives school districts the power to allow the use of medical marijuana under certain circumstances, but no district has done so.

Louisiana

Last Friday, a medical marijuana bill was introduced. State Rep. Ted James (D-Baton Rouge) has filed House Bill 1112, which would expand the scope of medical marijuana in the state. The state passed a restrictive medical marijuana bill last, but there has been little progress made on producing medical marijuana in the state. James' s bill would allow for the commercial production of medical marijuana and allow patients to petition state agencies to expand qualifying conditions for use of the medicine. The bill also seeks to ease the regulatory burden on marijuana by cutting state agencies out of some of the regulatory process.

New York

On Monday, a pair of bills aimed at fixing the state's medical marijuana law advanced. The Assembly Health Committee approved two bills aimed at improving the state's medical marijuana system. The bills, authored by Assemblyman Dick Gottfried (D-Manhattan), chair of the committee and one of the architects of the state's medical marijuana law, would double the number of companies allowed to grow and distribute medical marijuana from four to eight and would end the requirement that they be vertically integrated. The bills now head for an Assembly floor vote.

On Tuesday, patients and families rallied in Albany to demand a fix for the state's medical marijuana law. Dozens of advocates to urge legislators to support a slate of bills that would amend the Compassionate Care Act, New York’s medical marijuana law. The law, which was passed in June of 2014, took eighteen months to implement and has been criticized for being one of the most restrictive and burdensome programs in the country. Launched in January of this year, to date, only 494 of the state’s 79,000 physicians have agreed to participate and only 2,390 patients have been certified by their doctors to enroll in the program. This lackluster start is likely due to a number of barriers and restrictions in the program that make it both difficult and unappealing for physicians and patients to participate.

Ohio

Last Friday,the attorney general okayed a 2nd medical marijuana initiative. Attorney General Mike DeWine has certified the petition summary for a medical marijuana and industrial hemp initiative from Legalize Ohio 2016. Now, the initiative goes to the Ohio Ballot Board to determine whether it is one issue or two. Another initiative, backed by the Marijuana Policy Project, has already been approved for signature gathering. Initiatives will need 305,000 valid voter signatures by early July to qualify for the November ballot.

On Tuesday, the legislature was crafting its own medical marijuana plan. Faced with two separate medical marijuana initiative campaigns, legislators are working to craft their own medical marijuana proposal.  The bill, which is set to be announced this week, would create a medical marijuana commission to create rules within a year to regulate medical marijuana in the state. Patients with a doctor's recommendation could access raw marijuana, edibles, patches, and oils, but would not be allowed to grow their own.

Pennsylvania

On Tuesday,the Senate passed the medical marijuana bill. For the second time in less than a year, the Senate has approved Senate Bill 3, which would create a medical marijuana system in the state. The House sat on the bill for months after original Senate passage, then approved an amended version of the bill. The Senate then passed that bill, but only after amending the amendments to bring it make closer to the version originally passed by the Senate. Now, it's up to the House to agree to those changes and send the bill to Gov. Tom Wolf (D).

On Wednesday, the bill passed out of the legislature. After months of delay in the House, Senate Bill 3 has finally been approved by the legislature and is headed for the desk of Gov. Tom Wolf (D), who supports it. The Keystone State is now set to become the 24th medical marijuana state.

Utah

On Wednesday, patient advocates said they were giving up on an initiative this year. A group calling itself Truce that had called for a medical marijuana initiative this year after the legislature killed medical marijuana bills earlier this year has given up on 2016. The group says it would have had an extremely difficult time of gathering the 102,000 valid voter signatures required to get on the ballot. The group says it is now concentrating on getting a good bill through the legislature next year.

Chronicle AM: Open Letter to UN Head Urges Global Drug Policy Changes, PA to Become 24th MedMJ State, More... (4/15/16)

Global celebrities and political figures call for change at the UN, Maine's pot legalization initiative remains alive, Pennsylvania is now set to become the 24th medical marijuana state, and more.

Medical marijuana is coming to Pennsylvania. (Creative Commons)
Marijuana Policy

Maine Won't Appeal Judge's Ruling to Recount Invalidated Signatures. Secretary of State Matthew Dunlap said Wednesday he won't appeal a judge's ruling that overturned his decision to invalidate a marijuana legalization initiative. This doesn't mean that the initiative from the Campaign to Regulate Marijuana Like Alcohol is now qualified for the ballot, but it does mean that state officials will have to review thousands of signatures in threw out last month, including some 17,000 invalidated because they came from a notary whose signature on petition sheets supposedly didn't match his signature on file. If those signatures are found to be valid, the initiative qualifies. It handed in 99,000 and only needs 61,000 valid signatures to get on the ballot.

Top Massachusetts Politicians Form Anti-Legalization Committee. Governor Charlie Baker (R), Boston Mayor Marty Walsh (D), Speaker Robert DeLeo (D), and a number of other political figures and health care professionals have formed a bipartisan committee, A Campaign For A Safe and Healthy Massachusetts, to oppose the marijuana legalization initiative there. "I’ve met far too many families in Boston and elsewhere where kids have lost their way in school and been shut out of success in the workplace due to addiction and abuse of marijuana," Mayor Walsh said in a release. "Where marijuana is legal, young people are more likely to use it and a vote against legalizing the commercial marijuana industry is a vote to protect our kids and communities."

NORML Endorses Michigan Legalization Initiative. "The National Organization for the Reform of Marijuana Laws (NORML) is pleased to announce our endorsement of the MI Legalize initiative to regulate the adult use, production and retail sale of marijuana in Michigan. MI Legalize, also known as the Michigan Comprehensive Cannabis Law Reform Committee, has collected more than 270,000 signatures in its effort to legalize marijuana via the petitioning process. The grass-roots effort has been collecting signatures from registered voters since June, 2015, and represents the best opportunity to enact a regulatory system in Michigan, a state where it is highly unlikely the state legislature will take any similar action."

Champaign/Urbana to Vote on Legalization Advisory Referendum. The Illinois cities will vote on the advisory measure in the November election. The advisory question will ask voters "Should the state of Illinois legalize and regulate the sale and use of marijuana in a similar fashion to the state of Colorado?"

Medical Marijuana

Senate Committee Approves Veterans Access to Medical Marijuana. The Senate Appropriations Committee passed a bipartisan amendment Thursday, 20 to 10, allowing Veterans Administration (VA) doctors to recommend medical marijuana to their patients in states where medical marijuana is legal. The vote is the second time the U.S. Senate has advanced this issue. The amendment did not make the final appropriations bill last year after narrowly losing in the House.

Pennsylvania Medical Marijuana Bill Heads to Governor's Desk. After months of delay in the House, Senate Bill 3 has finally been approved by the legislature and is headed for the desk of Gov. Tom Wolf (D), who supports it. The Keystone State is now set to become the 24th medical marijuana state.

Harm Reduction

Hawaii House Approves Opioid Overdose Reversal Drug Bill. The House has approved a bill to increase access to overdose reversal drugs such as naloxone (Narcan) and provide immunity to those who administer them. The measure is Senate Bill 2392, which has already passed the Senate and now heads for the governor's desk.

International

Open Letter to UN Head Calls for Shift in Global Drug Policy. Over a thousand people, including financier Warren Buffett, US Sen. Elizabeth Warren (D-MA), rock star Sting, and the former presidents of Mexico, Colombia, Brazil, and Switzerland, among others, have signed an open letter to UN Secretary-General Ban Ki-Moon saying the drug war has failed and calling for a shift in global drug policy away from criminalization and force and toward health  and human rights. The letter comes ahead of next week's UN General Assembly Special Session (UNGASS) on Drugs.  

Chronicle AM: GOP Govs Seek Fed Permission to Drug Test Food Stamp Recipients, MedMJ Moves, More... (4/14/16)

Republican governors seek federal permission to drug test food stamp recipients, a Tennessee marijuana reform bill dies, a pair of New York medical marijuana improvement bills advance, so does the long-awaited Pennsylvania medical marijuana bill, and more.

Medical marijuana is keeping statehouses busy. (wikimedia.org)
Marijuana Policy

Tennessee Decriminalization Referendum Bill Dies. A bill that would have let state voters weigh-in on whether the state should decriminalize pot possession is dead. The bill, which would have authorized a non-binding referendum, was killed in the Senate Judiciary Committee Tuesday.

Medical Marijuana

New York Medical Marijuana Fix Bills Advance. The Assembly Health Committee Monday approved two bills aimed at improving the state's medical marijuana system. The bills, authored by Assemblyman Dick Gottfried (D-Manhattan), chair of the committee and one of the architects of the state's medical marijuana law, would double the number of companies allowed to grow and distribute medical marijuana from four to eight and would end the requirement that they be vertically integrated. The bills now head for an Assembly floor vote.

Ohio Legislature Crafts Medical Marijuana Plan. Faced with two separate medical marijuana initiative campaigns, legislators are working to craft their own medical marijuana proposal.  The bill, which is set to be announced this week, would create a medical marijuana commission to create rules within a year to regulate medical marijuana in the state. Patients with a doctor's recommendation could access raw marijuana, edibles, patches, and oils, but would not be allowed to grow their own.

Pennsylvania Senate Passes Medical Marijuana Bill. For the second time in less than a year, the Senate has approved Senate Bill 3, which would create a medical marijuana system in the state. The House sat on the bill for months after original Senate passage, then approved an amended version of the bill. The Senate then passed that bill, but only after amending the amendments to bring it make closer to the version originally passed by the Senate. Now, it's up to the House to agree to those changes and send the bill to Gov. Tom Wolf (D).

Utah Patient Advocates Give Up on 2016 Initiative. A group calling itself Truce that had called for a medical marijuana initiative this year after the legislature killed medical marijuana bills earlier this year has given up on 2016. The group says it would have had an extremely difficult time of gathering the 102,000 valid voter signatures required to get on the ballot. The group says it is now concentrating on getting a good bill through the legislature next year.

Asset Forfeiture

Poll: Nearly Nine Out of 10 Mississippians Want to End Civil Asset Forfeiture. A poll from the Mississippi Center for Public Policy has 88% opposed to allowing police to seize and permanently forfeit property taken from people not convicted of a crime. The poll comes as House Bill 1410, which would have increased asset forfeiture transparency, was passed by the House, but gutted by the Senate, which turned it into a study bill. The House is asking for a conference committee to hash out the differences.

Drug Testing

A Dozen GOP Governors Ask Congress to Let Them Drug Test Food Stamp Recipients. The governors have sent a letter to Rep. Robert Aderholt (R-AL), head of the House Agriculture Committee , which administers the Supplemental Nutrition Assistance Program (SNAP—food stamps), urging him to change federal law to allow states to test program recipients. In a statement accompanying the governors' letter, Wisconsin Gov. Scott Walker characterized the drug testing proposal as a "common-sense reform" that will make it easier "for recipients with substance abuse to move from government dependence to true independence," but in the states that have actually done welfare drug testing, less than 1% of recipients have tested positive for drugs.

International

Poll: Iceland Far From Supporting Marijuana Legalization. Fewer than 25% of Icelanders support legalizing marijuana, according to a new MMR poll. Some 76.8% said they opposed legalization. The good news is that opposition figure is declining; five years ago, 87.3% were opposed. Older age groups were the least likely to support legalization, while young people were most likely to.

Chronicle AM: Trump Trash Talks Mexico on Drugs, AZ Pot Legalization Init Has 200,000 Signaures, More... (4/12/16)

The Donald returns to one of his favorite themes, Arizona legalization initiative organizers have hit the 200,000-signature mark (they need 150,000 valid ones), patients in New York protest that state's restrictive medical marijuana law, Western Australia wants to force meth users into drug treatment without having to convict them of a crime first, and more.

Trump accuses Mexico of "poisoning our youth" with drugs. (wikimedia.org)
Arizona Legalization Initiative Signature Drives Passes 200,000 Mark. The Campaign to Regulate Marijuna Like Alcohol in Arizona announced Tuesday that it has collected more than 200,000 raw voter signatures for its legalization initiative. The group needs 150,564 valid voter signatures by July to qualify for the November ballot.Having 200,000 raw signatures at this point means that a full quarter of them would have to be disqualified for the initiative to come up short--and it still has time to gather more. 

Medical Marijuana

Colorado Bill to Allow Medical Marijuana at School Moves. A bill that would require schools to allow students to use medical marijuana on campus has passed its legislative hurdle. House Bill 1373 was approved 10-3 by the House Agriculture, Livestock and Natural Resources Committee and now heads for a House floor vote. State law already gives school districts the power to allow the use of medical marijuana under certain circumstances, but no district has done so.

New York Patients, Families Rally in Albany to Demand Fixes for State's Medical Marijuana Law.  Dozens of advocates gathered in Albany Tuesday to urge legislators to support a slate of bills that would amend the Compassionate Care Act, New York’s medical marijuana law. The law, which was passed in June of 2014, took eighteen months to implement and has been criticized for being one of the most restrictive and burdensome programs in the country. Launched in January of this year, to date, only 494 of the state’s 79,000 physicians have agreed to participate and only 2,390 patients have been certified by their doctors to enroll in the program. This lackluster start is likely due to a number of barriers and restrictions in the program that make it both difficult and unappealing for physicians and patients to participate.

Drug Policy

Trump Blames Mexico for America's Drug Problems. Returning to one of his favorite themes—Mexico bashing—GOP presidential contender Donald Trump Monday warned that drugs from Mexico are "pouring into the country" and "poisoning our youth." His comments came as he defended his plan to build a border wall and make Mexico pay for it. The US trade deficit with Mexico is $58 billion a year. "And that doesn’t include the drugs that are pouring into the country poisoning our youth," Trump added. "They’re poisoned with this crap. People won’t be driving their pick-up trucks through the wall or over the wall, he added. Did you ever see that? The trucks go over, they unload the drugs and then they go back. So we get the drugs and they get the money. Not very good folks. That’s going to all change."

International

French Minister Reignites Marijuana Legalization Debate. A French junior minister, Jean-Marie Le Guen, secretary of state for relations with parliament (and an MD) has reignited discussion of marijuana law reform there by saying "prohibition is not effective" and that a public health approach was needed. Le Guen clarified that he was not speaking for the government, but said the subject should be debated by the next president. His remarks did not go over well with drug reform-averse French politicians, including his fellow governing Socialists.  "And what will we do tomorrow? Will we legalise cocaine and weapons because we cannot stem the flow of weapons? That's not serious!" retorted Socialist Senator Samia Ghali. A spokesman for the government added that the Socialist Party was free to debate the issue, but the government isn't interested "neither in work nor thought."

Victoria Becomes First Australian State to Legalize Medical Marijuana. The state Parliament has passed the Access to Medicinal Cannabis Bill, making Victoria the first state in the country to approve medical marijuana. State Health Minister Jill Hennessey said children with severe epilepsy will be the first to be able to access the medications next year. The state government will set up an Office of Medicinal Cannabis to regulate the industry and educate patients and doctors about their roles and eligibility to prescribe or use medical marijuana.

Western Australia Wants to Subject Meth Users to Forced Detention, Treatment. The state's Mental Health Minister, Andrea Mitchell, said forcing meth users into drug rehab was the way to deal with the state's growing number of them. "I've got a responsibility to balance the rights of the individual with also protecting the community, and I need to do that with the burglary and the assaults and the other side of things that do tend to happen with people with a meth problem," she said. "And I also have a duty of care to protect that individual and give that individual the best possible chance of coming out of that and being a responsible citizen." The scheme would require legislative changes to allow the state to hold against their will people who have not been convicted of any crime.

 (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: VT Pot Bill Hits Wall in House, Brit Poll Has Near Majority for Pot Legalization, More... (4/11/16)

Ted Cruz takes a states' rights line on marijuana policy, a Vermont House committee has amended the pot legalization bill beyond recognition, a counterculture icon dies, a new poll has plurality support for marijuana legalization in Great Britain, and more. 

Welsh counterculture icon Howard Marks, "Mr. Nice," has died.
Marijuana Policy

In Colorado, Ted Cruz Says He Would Leave State's Pot Law Alone. The Republican presidential contender told the Denver Post ahead of last Saturday's GOP caucus that as president, he would not interfere with Colorado's marijuana legalization even though he personally opposes legalization. "I think on the question of marijuana legalization, we should leave it to the states," he said. "If it were me personally, voting on it in the state of Texas, I would vote against it. The people of Colorado have made a different decision. I respect that decision." Cruz won the Colorado caucus.  

Arkansas Attorney General Rejects Legalization Initiative. Attorney General Leslie Rutledge has rejected a proposed constitutional amendment to legalize pot. The initiative would legalize the use, possession, cultivation, and distribution of marijuana, but will have to go back to the drawing board to come up with language that is not ambiguous. Any initiative in Arkansas this year will need 85,000 valid voter signatures to qualify for the November ballot.

Vermont Legalization Bill Hits Wall in House. The fate of the legalization bill, Senate Bill 241, is at best uncertain after the House Judiciary Committee first refused to pass even a watered-down version of it last Friday, then amended it to delete legalization and expand funding for anti-drug campaigns, provide police with more drugged driving resources, and ban potential dangerous methods of concentrating the drug. While the Judiciary's version of the bill bears little resemblance to the version passed by the Senate, it does leave the door open for Senate supporters to re-insert the deleted language if the amended version passes the House. But it is not at all clear that a majority of House members would vote for that.

Medical Marijuana

Louisiana Medical Marijuana Bill Introduced. State Rep. Ted James (D-Baton Rouge) has filed House Bill 1112, which would expand the scope of medical marijuana in the state. The state passed a restrictive medical marijuana bill last, but there has been little progress made on producing medical marijuana in the state. James' s bill would allow for the commercial production of medical marijuana and allow patients to petition state agencies to expand qualifying conditions for use of the medicine. The bill also seeks to ease the regulatory burden on marijuana by cutting state agencies out of some of the regulatory process.

Ohio Attorney Generals Okays 2nd Medical Marijuana Initiative. Attorney General Mike DeWine has certified the petition summary for a medical marijuana and industrial hemp initiative from Legalize Ohio 2016. Now, the initiative goes to the Ohio Ballot Board to determine whether it is one issue or two. Another initiative, backed by the Marijuana Policy Project, has already been approved for signature gathering. Initiatives will need 305,000 valid voter signatures by early July to qualify for the November ballot.

International

Poll: Plurality of Britons Support Marijuana Legalization. A new poll from The Independent has support for legalization at 47%, with 39% opposed. The poll asked whether respondents supported a plan for licensing the sale of marijuana through shops that has been adopted by the Liberal Democrats.

No More Mr. Nice. Welsh counterculture icon Howard Marks, widely known as "Mr. Nice," has died of stomach cancer at age 70. Marks smuggled marijuana in the 1970s and 1980s before being arrested and imprisoned in the United States. His 1996 memoir, "Mr. Nice," brought him to broader public attention, and he continued to campaign for marijuana legalization until his death. 

Guatemala Marijuana Legalization Bill Filed. Deputy Alvaro Velasquez has introduced a bill that would legalize and regulate the use, possession, cultivation, distribution, and commercialization of marijuana. The bill would legalize the weed for people 18 and over and regulation would be in the hands of the Ministry of Public Health and Social Assistance.  Velasquez is a member of the National Convergence Front, whose presidential candidate, TV comedian Jimmy Morales, won the 2015 election.

 (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.)

 

 

 

Highway Drug Dog Searches: Two Diverging Trends in the Case Law [FEATURE]

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

Last year, in one of the Roberts' court's rare decisions not siding with law enforcement, the US Supreme Court ruled that police could not detain people pulled over for traffic violations in order to await the arrival of a drug-sniffing police dog. Once the traffic violation was dealt with, motorists were free to go, the court held.

"Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures," wrote Justice Ruth Ginsberg for the court's 6-3 majority in Rodriguez v. United States.

That case was a necessary antidote for police practices that evolved after the Supreme Court's decision in Illinois v. Caballes a decade earlier. In that case, the high court held the use of drug dogs during a traffic stop did not violate Fourth Amendment proscriptions against unwarranted searches and seizures because, in the court's rather involved reasoning, people carrying drugs have no expectation of privacy. Unlike the use of infra-red cameras to peer inside homes, which the court disallowed in an earlier case, the use of drug dogs would only reveal drugs, not other intimate details of one's life, so that was okay.

What came after Caballes was repeated reports of people being stopped for alleged traffic infractions on the highway, then forced to wait on the side of the road in a sort of legal limbo ("Am I under arrest?" "No." "Am I free to go?" "No.") for the arrival of a drug dog to conduct a search of their vehicles. Then, when the drug dog would "alert" to the presence of drugs, police had probable cause to search the vehicle, find the drugs, and arrest and charge the driver.

What also came after Caballes was people being arrested, convicted, and imprisoned for drug offenses after being detained for lengthy periods. Asserting that their rights had been infringed by the lengthy detentions, some of them appealed, arguing that the evidence against them should be suppressed because it was unconstitutionally obtained.

The situation festered until the Rodriguez decision was announced. Police would no longer have a free hand to hold people against their will while awaiting the drug dog's arrival. That should have reined in the cops, but it hasn't exactly worked out that way. Instead, two distinct lines of post-Rodriguez drug dog jurisprudence have emerged, one seeking to uphold and strengthen it, but the seeking to find work-arounds for drug-hunting police and their canine helpers.

Representative of Rodriguez's positive impact was last month's Kentucky Supreme Court decision in Davis v. Kentucky. In that case, an officer pulled over Thomas J. Davis for crossing the center line, administered field sobriety tests that Davis passed, then asked for Davis's consent to search the vehicle. Davis refused to consent to a vehicle search, at which point the officer had his drug dog sniff the exterior of the car, despite Davis's protests. The dog alerted, the car was searched, and police found methamphetamine and drug paraphernalia.

At trial, Davis moved to have the evidence suppressed as fruits of an unlawful search, but he lost at the trial level and reached an agreement to plead guilty while preserving his right to appeal the ruling on the motion. He was sentenced to 20 years in prison. The Kentucky Supreme Court reversed the conviction and sent the case back to the trial court.

"As recently clarified by the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), a police officer may not extend a traffic stop beyond its original purpose for the sole purpose of conducting a sniff search -- not even for a de minimus period of time," the state high court concluded. "Under Rodriguez, any nonconsensual extension of the detention beyond the time taken to verify Appellant's sobriety, unless accompanied by additional grounds to believe other criminal activity was afoot, was unconstitutional… With no articulable suspicion to authorize an extended detention to search for drugs, [the officer] prolonged the seizure and conducted the search in violation of Rodriguez and Appellant's Fourth Amendment protections."

"While Davis isn't perfectly clear, it strongly suggests that the use of drug dog without reasonable suspicion a crime has been committed offends the reasonableness clause of the Fourth Amendment, said John Wesley Hall, a Little Rock criminal defense attorney, former head of the National Association of Criminal Defense Attorneys (NACDL), and author of Search and Seizure, 5th Ed.

Keith Stroup, the founder and currently counsel for the National Organization for the Reform of Marijuana Laws (NORML), liked what he saw in Davis, too.

"This is a great decision," Stroup said. "It will help a lot of drivers, but it doesn't totally write drug dogs out. With no articulable suspicion to authorize an extended detention to search for drugs, the police are out of luck."

Police erred in this case, Stroup said, but not in the sense that the court meant.

"The mistake the cops made is that they didn't lie and claim they smelled marijuana," he said. "They will learn very quickly that the first thing to say is 'I smell marijuana.' Then they can at least do a search of the passenger compartment."

Still, Stroup pronounced himself pleasantly surprised at the ruling.

"In some states, the Supreme Court is very law enforcement-oriented and willing to give police the benefit of the doubt. That this came out of Kentucky is promising," he said.

The Kentucky case shows how the courts are applying Rodriguez to protect the rights of motorists, but other post-Rodriguez cases are heading in a different direction. As Hall notes on his Fourth Amendment blog linked to above, various US district and appellate courts are bending over backwards to find ways to allow drug dog searches to continue without any reasonable suspicion a crime is being committed.

"Dog sniff by second officer while first officer wrote ticket didn't extend stop," he wrote describing a case> out of the 7th US Circuit Court of Appeals.

"Dog sniff during the normal computer checks are valid," is how he characterized another case in federal district court in Georgia.

"GA holds that a dog sniff of a car before dispatch confirms ID is valid because it didn't extend the traffic stop," he wrote about another Georgia case.

The upshot of these and similar cases is that they provide an opening for police to get their drug dog searches in simply by delaying what should be routine, quickly accomplished, procedures, such as verifying license, registration, and outstanding criminal warrants. "I severely disagree with that case law," said Hall. "It just offends every sense of justice and privacy. It makes a car a target without any reasonable suspicion whatsoever, and it essentially rewards the cop with the drug dog in his car."

And he scoffs at the reported delays in those routine procedures. "The cops deliberately delay the response," he said. "As fast as these computers are, if it takes more than 60 seconds, it's complete bullshit. Or they call in the drivers' license number and it takes forever for the call to come back, so the cop can sit there and chat with you and try to find excuses to come up with reasonable suspicion.

Clearly, Rodriguez hasn't settled the issue. While law enforcement is now somewhat constrained in the use of drug-sniffing dogs on the highway, police -- and friendly courts -- are working assiduously to find ways to continue to use them. Ironically, the current state of the law could result in not fewer but more drug dogs on the highway, because under some of these rulings, the police officer who has a dog with him can get away with a quick sniff, while the officer who has to call and wait for one to arrive would be out of luck.

And that means the litigation likely isn't over. "The Supreme Court is going to have to take this up one of these days," said Hall. "This whole idea of pulling people over with dogs smacks of Nazi Germany."

Chronicle AM: VT Legalization Bill Hits Bump, MedMJ Bills Killed in NE, SC, More... (4/8/16)

A Vermont House committee has changed the tax and regulate marijuana legalization bill into a two-plant cultivation decriminalization bill, medical marijuana bills get snuffed in Nebraska and South Carolina, interest in asset forfeiture reform continues, and more.

Marijuana Policy

DEA to Review Marijuana Classification. The DEA will decide whether to reclassify marijuana "in the first half of 2016," the agency said in a letter to US senators. The agency was responding to a 2015 letter from Sen. Elizabeth Warren (D-MA) and seven other Democratic senators, who urged the federal government to make it easier to study marijuana 's medical benefits. Marijuana is currently placed in Schedule I, along with heroin and LSD, as a drug with a high abuse potential and no medical uses.

California Report Calls for Strict Rules on Growers, Drivers. The Public Policy Institute of California has released a report calling for tight regulatory oversight of legal marijuana cultivation, sales, and distribution as well as highlighting the need to ensure that drivers are not impaired. "California should err on the side of more restrictive regulation," said report co-author Patrick Murphy. But California NORML disagrees, saying that "restrictive regulations will only divert business to California's robust unregulated gray market."

Maine Court Rules in Favor of Legalization Initiative on Signatures Issue. A Kennebec County Superior Court judge ruled Friday that the state may have improperly invalidated thousands of petition signatures because it rejected petitions without actually reviewing all of them. The secretary of state's office must now review all the disputed petitions and place the measure on the November ballot if it finds enough signatures were gathered. The state had invalidated more than 17,000 voter signatures because it said the notary's signatures on the petitions didn't match the signature it had on file. That was enough to disqualify the initiative.

Vermont House Committee Changes Legalization Bill to Cultivation Decrim Bill. The House Judiciary Committee Wednesday dramatically rewrote Senate Bill 241, turning the tax and regulate legalization bill into one that would only decriminalize the cultivation of up to two marijuana plants. Committee Chair Rep. Maxine Grad (D-Moretown) said it became clear that she didn't have the votes to pass the Senate version. If the new House version passes, it would have to be reconciled with the Senate version. The Senate legalization bill had no provision for home cultivation.

Medical Marijuana

Nebraska Medical Marijuana Bill Killed. The bill, LB 643, failed Tuesday night when it was filibustered on the second round of consideration and sponsor Sen. Tommy Garrett (D-Bellevue) fell three votes short of ending the filibuster.

South Carolina Senate Committee Kills Medical Marijuana Bill. The Senate Medical Affairs Committee voted 7-4 Thursday to kill Senate Bill 672, the Medical Marijuana Program Act. "This is a bad idea. It's a pathway to recreational usage," said Sen. Mike Fair (R-Greenville).

Asset Forfeiture

Alaska House Committee Rewrites Asset Forfeiture Bill. The House Judiciary Committee has approved a stripped-down civil asset forfeiture bill. The originally broad-ranging bill has now been reduced to only abolishing non-criminal forfeitures, and now heads to the House Finance Committee. The Judiciary Committee said it will work on a broader reform bill for the next session, but wanted to get something passed this year.

Delaware Bill to End Civil Asset Forfeiture Filed. A bipartisan group of legislators Wednesday filed a bill to end civil asset forfeiture in the state. "In America, the government should not be able to take your property unless they can prove you did something wrong," Sen. Colin Bonini, (R-Dover) said at a news conference.

Nebraska Asset Forfeiture Bill Stays Alive. A bill to restrict property seizures from people not convicted of a crime has won second-round approval after lawmakers amended it to address law enforcement concerns. The amendments will allow state law enforcement agencies to continue to participate in the Justice Department's Equitable Sharing program, which allows local police to end-run state laws that direct seized funds into the general fund or other specified funds. Under the federal program, the feds keep 20% and the local agency gets 80%. The bill is LB 1106.

This Week's Corrupt Cops Stories

An Oklahoma sheriff and his deputy went a bit too far with asset forfeiture efforts, a Louisiana sheriff and his narcs went a bit too far in mistreating prisoners, and more. Let's get to it:

In Abingdon, Virginia, a Washington County jail guard was arrested March 22 on charges he was smuggling drugs into the jail. Guard Justin Andrew Brown, 22, went down after officials were tipped that a guard was smuggling contraband. Brown now faces charges of intent to distribute an imitation controlled substance, conspiracy to distribute a Schedule II drugs, and attempt to deliver drugs to a jail. He was jailed at the same place he worked until he made bail days later.

In Berkeley Township, New Jersey, an Ocean County juvenile justice officer was arrested last Tuesday as she allegedly prepared to make a heroin sale in parking lot near an elementary school. Erica Kotelnicki, 35, is charged with heroin distribution. A search of her home yielded more heroin, cocaine, scales, and cash. She has been suspended without pay.

In Columbus, Indiana, a former Columbus police narcotics supervisor was arrested last Wednesday on charges he stole drugs from the evidence room. Jeremy Coomes, 38, supervised the Columbus Police Narcotics Unit until October 2015, when an audit turned up various discrepancies, including missing drugs. An Indiana State Police investigation pointed to Coomes, who they said took drugs and sometimes replaced them with different items. He faces a number of charges, including possession of methamphetamine, possession of cocaine, theft, and official misconduct.

In Wagoner, Oklahoma, the Wagoner County sheriff and a deputy were arrested last Thursday over their efforts to use civil asset forfeiture to take $10,000 from a motorist. Sheriff Bob Colbert and Deputy Jeffrey Gragg claimed they were going by the book in seizing what they claimed were drug proceeds, but a grand jury disagreed, indicting them on conspiracy, bribery, and extortion charges. Colbert and Gragg pulled over a driver and his passenger, then arrested them for "possession of drug proceeds" when they declared they owned the cash. The driver then asked what he could do to stay out of jail and Gragg told him that the only way he was "going to go home was to disclaim his ownership in the $10,000." The sheriff and his deputy then released the pair and deleted records of their arrests. The money was placed in the sheriff's asset forfeiture fund.

In Edcouch, Texas, a former Edcouch police officer was arrested last Friday on charges he took cocaine from a March 2013 drug seizure. Vicente Salinas allegedly switched out four of 15 bundles of cocaine that had been turned over to the Hidalgo County Task force. No word on what the official charges are.

In New Orleans, a ninth Iberia Parish sheriff's deputy pleaded guilty last Thursday in a growing investigation into the sheriff's office. Deputy Jeremy Hatley pleaded guilty to deprivation of rights and making false statements in a case that centers around the repeated beating of inmates by deputies, including six former department narcotics agents. The deputies who copped pleas are expected to testify against Iberia Parish Sheriff Louis Ackal and Lt. Gerald Savoy, who had initial court appearances last week.

In Leesburg, Virginia,a former Loudon County sheriff's deputy was found guilty last Thursday of stealing $229,000 from the department's asset forfeiture program. Frank Pearson, 45, was found to have been sticking his hand in the cookie jar for more than a decade, even though he bizarrely claimed to have no memory of doing so. He's looking at up to 10 years in prison.

In Miami, a former Miami Police officer was sentenced last Friday to nearly four years in state prison for taking money for offering protection during drug deals. Jose Maldonaldo Dick, a seven-year veteran of the force, had been charged with two counts of armed cocaine trafficking, which is punishable by up to life in prison, but copped to a single count of providing protection for a drug dealer and being paid to do so. Dick has already spent 18 months behind bars awaiting trial.

Chronicle AM: NYPD Targets Addicts for Felony Dealing Busts, DC Cannabis Club Ban, More... (4/5/16)

Bernie talks pot in Wisconsin, Pittsburgh is a mayor's signature away from pot decriminalization, the DC city council votes to ban social consumption, NYPD narcs are targeting street addicts for felony trafficking busts, and more.

Marijuana Policy

Bernie Sanders Talks Marijuana Legalization in Final Wisconsin Speech. Democratic presidential contender Bernie Sanders sought to win votes in Wisconsin Sunday night by not only hitting his standard themes of economic inequity, but also emphasizing his progressive marijuana and drug policy approach, including removing marijuana from the Controlled Substances Act. "Today, under the Federal Controlled Substance Act, marijuana is listed as a schedule one drug alongside of heroin," said Sanders. "Now we can argue when scientists do the pluses and minuses of marijuana, but everyone knows marijuana is not a killer drug like heroin." The Vermont senator also addressed racial disparities in marijuana law enforcement: "(Criminalization of marijuana) becomes a racial issue as well, because it turns out that blacks and whites smoke marijuana at equal levels," Sanders said. "Blacks are four times more likely to get arrested for marijuana than are whites."

Pittsburgh Council Approves Decriminalization. The city council voted 8-1 Tuesday to make small-time marijuana possession a summary offense rather than the misdemeanor mandated by state law. Mayor Bill Peduto now has 10 days to sign the ordinance. Possession of small amounts will now be punishable by a $25 fine, with a $100 fine for smoking in public.

DC Council Votes to Ban Marijuana Social Clubs. The council voted 7-6 Tuesday to uphold a ban on marijuana consumption outside of private homes, making the ban permanent. The move is a reversal from the council's earlier position, which was to enact a temporary ban and set up a task force to study the issue.

Medical Marijuana

Marijuana Reform Groups Call for Hearings on CARERS Act. The Drug Policy Alliance, Americans for Safe Access, and the National Cannabis Industry Association have all issued calls for the US Senate to take up the CARERS Act (Senate Bill 683), which would protect state-legal medical marijuana activities from federal interference. The bill, filed by Sens. Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), and Rand Paul (R-KY) has been stuck in the Senate Judiciary Committee for more than a year. Committee Chair Sen. Charles Grassley (R-IA) has refused so far to let it move.

Oklahoma CBD Bill Advances. Last year, the legislature approved a bill allowing children with epilepsy to use CBD cannabis oils, and now it is moving to allow adults to use it as well. A Senate committee approved House Bill 2835, which would remove the age restriction. The measure has already passed the House and awaits a Senate floor vote.

Law Enforcement

NYPD Is Busting Low-Level Addicts for Small-Time Drug Sales, But Ignoring Dealers. The NYPD is using undercover narcotics officers to seek out drug addicts, ask them for help in scoring drugs, give them money to make the buy, and then arresting them on felony drug trafficking charges. The narcs didn't even bother to go after the dealers the small-time addicts were scoring from, the New York Times reports. Last year, nearly 5,000 people were charged with dealing small quantities of heroin or cocaine.

International

Europe Spends $27 Billion a Year on Illicit Drugs, Monitoring Agency Says. The European Monitoring Center for Drugs and Drug Addiction (EMCDDA) said in a report Tuesday that EU citizens shell out about $27 billion for illicit drugs each year."Illicit drug production and trafficking remains one of the largest and most innovative criminal markets in Europe," Europol director Rob Wainwright said in a statement.

(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.)

Virginia Cop Gunned Down Last Week Was Doing a Drug War Training Exercise

The Virginia State Trooper shot and killed at the Greyhound Bus Station in Richmond, Virginia, last week died while on a drug war training exercise aimed at patrons of the transportation hub.

Trooper Chad Dermyer, 37, was gunned down by James Brown III, an Illinois man with a lengthy criminal record, who in turn was shot and killed by Dermyer's colleagues. Two women were wounded in the gunfire, neither with life-threatening injuries.

The two fatalities come as a shock, but hardly a surprise. According to Drug War Chronicle, which has been tallying deaths directly related to domestic drug law enforcement activities since 2011, the killings bring this year's total to eleven. Over the past five years, drug war deaths have occurred at a pace of roughly one a week, and this year so far is about on track.

Of those 50 or so drug war deaths each year, only a handful have been police officers. But Dermyer is the second law enforcement officer to be killed upholding drug prohibition in a 10-day period: An Indiana deputy was killed March 22 in a misbegotten midnight drug raid over a single syringe.

In Richmond last Thursday, as Fox 10 TV reported:

State Police were at that station for a training exercise on how to intercept drugs at bus terminals, which are often critical transfer points for narcotics. Dermyer had just been training for his new position around 2:40 when he was shot by a man he approached as part of that training, according to State Police.

"The male subject pulled out a handgun and shot Chad multiple times," Virginia State Police Superintendent Col. W. Steven Flaherty said. "The male subject continued firing his weapon, as two state police troopers opened fire."

The Washington Post added a bit more detail:

[State Police Superintendent W. Steven] Flaherty said Dermyer and other troopers were at the station to train for what is called a counterterrorism and criminal interdiction unit. The unit is assigned to public transit areas and highways to identify and question people deemed suspicious. It is a way of intercepting drugs and guns.

Dermyer, wearing a dark blue uniform that resembles fatigues, had started to question the man when the assailant pulled out a gun and shot the trooper, police said. Dermyer was not wearing a protective vest.

Flaherty said the conversation lasted about 30 seconds. He said he did not know what drew Dermyer's attention to the man. Two other troopers returned fire, police said. Flaherty said the squad's training assignment was: " 'If you see some suspicious behavior, go over and engage and have a conversation.' That was what was taking place here."

While it may have been a "training exercise," what police were doing was surveilling and accosting real people in real life. And it got very real indeed when Dermyer stopped Brown, who was armed and who had an extensive criminal record, with arrests on counts ranging from the petty -- "failure to obey police, resisting a corrections officer, numerous drug charges" -- to the ugly -- "aggravated battery of a pregnant woman" -- to the quite serious -- "murder, intent to kill, aggravated battery with a firearm, felony possession of a weapon." (It's not clear which of those arrests actually resulted in convictions and on what charges.)

According to his aunt, who helped raise him and with whom he stayed until she kicked him out in December, Brown really didn't like cops. The aunt, Edith Brown of suburban Chicago, told WTVR News Brown had been to prison and had had enough.

"He said he would never go back to prison again," she said. "He would fight it out with them. He had a lot of anger about the police in the past," she said. "He pretty much thought he wanted to be infamous... in terms of having a showdown. He always praised those people who got into shootouts with police."

It's difficult to tease out the role of drug prohibition in the incident where Dermyer's and Brown's lives intersected -- and ended. It's embedded in an intricate tapestry of race and class, crime and criminalization, permanent paranoia and militarized policing. But the war on drugs is one of the threads, and now, two more people are dead.

Richmond, VA
United States

Chronicle AM: Senate "Sham" Legalization Hearing, Legalizers Rally in Ann Arbor & DC, More... (4/4/16)

Marijuana legalization activists rallied in Ann Arbor and DC over the weekend, pot-related hearings take place in Connecticut, Rhode Island, and the US Senate tomorrow, the California Assembly will take up supervised injection sites tomorrow, British pot arrests are down dramatically, and more.

Could supervised injection sites be coming to California? Stay tuned. (vch.ca)
Marijuana Policy

Senate Legalization Foes to Hold Hearing Tomorrow. US Sens. Charles Grassley (R-IA) and Dianne Feinstein (D-CA) will hold a hearing in the Caucus on International Narcotics Control titled "Is the Justice Department Adequately Protecting the Public from the Impact of State Recreational Marijuana Legalization." The only witnesses are foes of marijuana legalization, making it a "sham hearing" in the eyes of the Drug Policy Alliance. "These hearings are a one-sided sham with the deck stacked with witnesses who have a track record of vehemently opposing marijuana legalization," said DPA deputy director of national affairs,Michael Collins. "An honest evaluation of marijuana legalization would include the undeniable benefits of legalization like the massive drop in marijuana arrests, the billions in taxes, and the transition from an underground market to a regulated one. A more even-handed hearing would also address the destructive harms of marijuana prohibition."

On Eve of Hearing, Connecticut Governor Reiterates Opposition to Legalization. With a legislative informational hearing on legalizing marijuana set for Tuesday, Gov. Dannel Malloy (D) made clear Monday that he remains opposed to the move. "I'm not a believer in it," he said. "I've done all the things I thought were necessary," referring to supporting the state's medical marijuana program and signing a decriminalization bill. "I think when you legalize marijuana, you're encouraging marijuana, and that's not the place I want to go."

DC Pot Activists Fire Up in Front of White House. Led by the DC Cannabis Campaign, hundreds of legalization supporters gathered in front of the White House Saturday afternoon to urge President Obama to reschedule marijuana. The event was held on 4/2 instead of 4/20 because "Obama has been a big zero" when it comes to leading the country out of pot prohibition, the activists said. At 4:20pm, people lit up in a civil disobedience action, but no arrests were forthcoming, although some citations were issued.

Thousands Attend Annual Hash Bash in Ann Arbor. Pot lovers and legalizers gathered by the thousands on the University of Michigan's central campus Diag in the Midwest's largest annual celebration of cannabis culture. This was the 45th annual Hash Bash, and stoner icon Tommy Chong addressed the crowd, along with lesser luminaries. Activists were also out collecting signatures for a proposed statewide marijuana legalization initiative. Three people were arrested for marijuana possession.

Rhode Island Hearing on Marijuana Regulation and Policy Tuesday. State Attorney General Peter Kilmartin will host a forum on marijuana policy Tuesday at Brown University. Speakers include representatives from the city of Denver, the Washington state attorney general's office, and the Washington Institute on Public Policy, as well as Massachusetts state Sen. Jason Lewis (D), who chairs that state's Special Senate Committee on Marijuana.

Harm Reduction

California Assembly Hearing on Supervised Injection Sites Set for Tomorrow. The Assembly Public Safety Committee will hold a hearing on Assembly Bill 2495, which would allow localities to establish supervised drug consumption services and let drug users consume controlled substances there under public health supervision. The bill is sponsored by Assemblymember Susan Talamantes Eggman (D-Stockton).

International

British Marijuana Arrests Down By Nearly Half Since 2010. Arrests are down 46%, warnings fell by 48%, and charges filed declined by 33% between 2010 and 2015, according to official data from police forces. Some forces admitted no longer targeting pot smokers, saying their officers had been "freed up" for "more important work."

Indian Opium Addicts Block Highway to Protest New Ban on Poppy Husk. Hundreds of people addicted to "doda post," as dried opium husk is known in the area, blocked a highway in Rajasthan to protest a ban on the trade that went into effect April 1. Police managed to clear the road, but demonstrations against the ban continued. One local doda user attempted to commit suicide, and his father, Himatram, said he and his son had been using doda for years. "This government banned doda while supplying liquor publicly," he said. "It is not justified." Doda users said authorities had begun "de-addiction" drives, but were supplying them with medications that were useless.

Chronicle AM: NE Pot Politics, DEA Drug Plane Scandal, FL Forfeiture Reform Signed, More.... (4/1/16)

Marijuana politics is hopping in New England, decrim goes into effect in Tampa, the DEA gets raked for wasting tens of millions on an anti-drug plane that never flew, Florida's governor signs an asset forfeiture reform bill, and more.

Another $86 million down the drain, thanks to the DEA and it's flightless anti-drug plane.
Marijuana Policy

Maine Marijuana DUID Bill Killed. The House voted unanimously and without debate Thursday to kill LD 1628, which would have set a standard of 5 nanograms of THC per milliliter of blood to prove a driver was impaired on marijuana. The smack down of the bill came after concerns were raised that there wasn't science to support the limit. The effort is now dead at least until next year.

Connecticut Hearing on Marijuana Legalization Set for Next Week. State Reps. Juan Candelaria (D-New Haven) and Toni Walker (D-New Haven) are hosting an information hearing on legalization next week. Candelaria is the lead sponsor of a legalization bill, House Bill 5209. The session is set for next Tuesday afternoon at the Legislative Office Building in Hartford.

Vermont House Hears Testimony on Legalization Bill. More than 50 people testified about Senate Bill 241 at a hearing at the statehouse Thursday night. The marijuana legalization bill has already passed the Senate and has the support of Gov. Peter Shumlin (D). The first House committee vote on the bill is expected next week. If the bill passes, Vermont will be the first state to have legalized marijuana through the legislative process.

Vermont Libertarian Party Calls for Legalization Bill to Include Home Cultivation. The party says "the absence of a home growing provision will limit the bill's chances to decrease the black market" and that "legalization of marijuana is NOT all about tax revenue." The party also says that legal home cultivation "will allow Vermonters to develop their cannabis cultivation skills to support an artisan cannabis industry." The legalization bill originally contained a provision for allowing up gardens of up to 100 square feet per household, but that was stripped out after powerful politicos objected.

Decrim Goes Into Effect in Tampa, Volusia County. Marijuana decriminalization ordinances approved by governing bodies in Tampa and Volusia County, Florida, earlier this year are now in effect. In Tampa, people caught with 20 grams or less will face only a $75 ticket; in Volusia County, it's 20 grams and a $100 fine.

Asset Forfeiture

Florida Governor Signs Asset Forfeiture Reform Bill. Gov. Rick Scott (R) Friday signed into law a bill designed to reform civil asset forfeiture in the state. The bill, Senate Bill 1044, had been approved unanimously by both houses. It will require the seizing agency to make a "probable cause" determination that there is "proof beyond a reasonable doubt" that the seized goods were used in a crime.

Tennessee House Approves Civil Asset Forfeiture Reporting Bill. The House unanimously approved House Bill 2176, which will require annual reporting on law enforcement agency property seizures. The Senate is expected to vote on the measure in coming day.

Law Enforcement

DEA Spent $86 Million for Anti-Drug Plane It Never Used. The DEA procured the plane seven years ago to fly surveillance and counter-narcotics missions in Afghanistan and spent $86 million to upgrade it with surveillance capabilities -- four times the initial estimated cost -- but the plane has never left the ground and will likely never fly in Asia, the Justice Department's inspector general said in a scathing report. "Our findings raise serious questions as to whether the DEA was able to meet the operational needs for which its presence was requested in Afghanistan," the review said. The plane could be ready to fly next year, but the DEA pulled out of Afghanistan last year.

Sentencing

Petitioners Urge Senate Leader Mitch McConnell to Allow Vote on Sentencing Bill. Sentencing refom activists handed in more than 30,000 petitions to Senate Majority Leader Mitch McConnell (R-KY) Tuesday demanding that he allow the Senate to vote on the Sentencing Reform and Corrections Act (Senate Bill 2123). The bill would reduce mandatory minimum sentences for some drug offenses and give judges greater discretion to sentence below the guidelines.

International

IDPC Reviews What Was and Wasn't Gained at the CND. The International Drug Policy Consortium last year elaborated five main "asks" it was seeking at the looming UN General Assembly Special Session (UNGASS) on Drugs, and now, in the wake of the Commission on Narcotic Drugs (CND) meeting in Vienna last month, produced a sort of scoresheet on the progress made. It's a worthy read.

Chronicle AM: DC Smoke-In Saturday to Press Obama, VT Legalization Bill Hearing, More... (3/31/16)

DC activists plan to smoke-out the White House Saturday, Vermont's legalization bill gets a hearing this evening, California's historic Marin Alliance for Medical Marijuana will soon be able to reopen, and more.

Marijuana Policy

DC Rally Saturday Will Feature Smoke-In, Mass Civil Disobedience. DC marijuana activist Adam Eidinger, the man behind the District's successful marijuana legalization initiative, is leading a protest Saturday in front of the White House to protest President Obama's lack of action on undoing pot prohibition. "Obama - he smokes, maybe not now, but he did smoke," Eidinger said. "So for him to oversee an enforcement regime that has arrested five million people for marijuana... I'm very motivated because I think it's a discriminatory practice." Eidinger and the DC Cannabis Campaign have moved their 4/20 celebration to 4/02 because Obama is "a big zero" on further marijuana reforms. They will be marching to the White House with a 51-foot joint and will engage in mass pot smoking at 4:20pm.

Vermont Legalization Bill Gets Hearing This Evening. The House Judiciary and Government Operations committees will be hearing testimony on the legalization bill, Senate Bill 241, between 5:00pm and 7:00pm this evening. Each speaker will be limited to two minutes. The bill passed the Senate last month, and Gov. Peter Shumlin (D) says he supports the measure.

Washington State Legal Marijuana Sales Exceeded $700 Million Last Year. The marijuana market research group ArcView has pegged the state's legal marijuana sales at $709 million in 2015. That accounts for nearly half of legal adult use sales nationwide.

Medical Marijuana

California Historic Marin County Dispensary Cleared to Reopen. The Marin Alliance for Medical Marijuana has won a federal court case that should clear the way for it to reopen soon. The dispensary, the first to operate in the state under the auspices of Proposition 215, was forced to shut down in 2011 during an offensive by then US Attorney Linda Haag. But in a Monday ruling, US District Judge Charles Breyer held that the injunction used to close it is unenforceable because it conflicts with a 2014 budget amendment approved by Congress that bars the Justice Department from going after law-abiding marijuana operations in states where they are legal.

Kansas Protest for Veteran Whose Kids Were Taken Away Over Medical Marijuana Use. US Navy veteran Raymond Schwab, who lost custody of his five kids after his mother-in-law took them and reported them as abandoned to state officials, told a crowd of supporters Wednesday at the state capital in Topeka that he lost custody because of his use of medical marijuana to treat PTSD, not because of minor legal scrapes. Schwab accused the state of "illegally kidnapping" his kids as he was preparing to move his family to neighboring Colorado, where medical marijuana is legal. He said the state has ordered him not to use medical marijuana for four months if he wants the kids back. Schwab is now two weeks into a 30-day vigil at the statehouse. He isn't the only medical marijuana parent to face problems in the state; just last week, Garden City resident Shona Banda sued the state, the city, and the police department over the seizure of her son after he spoke out in school about his mother's medical marijuana use.

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