Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: MO Tech School Drug Testing Victory, AZ MedMJ DUID Victory, More... (12/23/16)

A federal appeals court sharply restricts mandatory drug testing at a Missouri technical college, an Arizona appeals court says prosecutors must actually prove impairment before convicting medical marijuana patients of DUID, the DEA seems to be a bit less busy than in years past, and more.

DEA is doing a little less of this these days, according to federal conviction numbers. (dea.gov)
Marijuana Policy

Connecticut Senate Leader Prioritizes Marijuana Legalization Bill. Marijuana legalization is a key part of state Senate President Martin Looney's (D-New Haven) legislative agenda for the session beginning next month. He has pre-filed a legalization bill that would legalize pot and tax its sale in a manner similar to Colorado as part of a 10-bill package representing his priorities. The bill is not yet available on the legislative website. The move comes despite Gov. Dannel Malloy's (D) rejection of legalization earlier this month and could set up a veto battle if the bill actually passes.

Medical Marijuana

Arizona Appeals Court Rules State Must Prove Patients Were Actually Impaired By Marijuana Before Convicting Them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled Thursday. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Drug Testing

Missouri Technical College Can't Force Student Drug Tests, Appeals Court Rules. The State Technical College of Missouri violated the Constitution by forcing incoming students to submit to a drug test, the 8th US Circuit Court of Appeals has ruled. The school instituted the policy in 2011 despite no evidence of accidents being caused by drug use and required students to take a drug test within 10 days of the start of classes. Students shortly filed a class action lawsuit, which won in district court, but was overturned by a three-judge panel of the 8th Circuit. But now, that decision has been overturned by the 8th Circuit en banc, which held that drug testing can only be required in "safety-sensitive" programs.

Wisconsin Lawmaker Backs Away From Proposal to Impose High School Drug Testing. Rep. Joel Kleefisch (R-Oconomowoc) is retreating from a proposal to require school district to drug test student involved in extracurricular activities after the notion was panned by critics including Republican Gov. Scott Walker, who has no problems imposing drug testing on poor people. Now Kleefisch says he will instead ponder legislation that would require school districts to provide a way for parents to voluntarily have their children drug tested.

Law Enforcement

DEA Drug Convictions Continue to Drop. The Transactional Records Access Clearinghouse (TRAC) reports that convictions for drug cases referred by the DEA continue a 10-year decline. During Fiscal Year 2016, federal prosecutors won 9,553 criminal convictions on cases referred by the DEA. That's down 7.1% from the previous year, down 25% from five years ago, and down 35% from 10 years ago. TRAC notes that the decline in convictions is the result of fewer referrals by the DEA, not a lowered conviction rate, which has held steady.

Chronicle AM: DEA Brass Move to Pharma, Indonesia Top Narc Wants to Kill Users, More... (12/22/16)

Top DEA officials have left the agency for positions with opioid-producing pharmaceutical companies, Pennsylvania's roll-out of medical marijuana starts rolling, Oregon's largest city will allow pot delivery services, and more.

Dozens of DEA officials have put down the badge to pick up big bucks from Big Pharma.
Marijuana Policy

New Hampshire Legislators Will Try Again to Legalize It Next Year. After years of frustration, state Senate Minority Leader Jeff Woodburn (D-Dalton) says next year is the best chance yet for legalization. Woodburn says he is drafting a two-part bill, with the first part essentially legalizing possession, cultivation, and sales by removing all criminal penalties and the second part setting up a study committee to put together a regulatory system for an adult use market by 2019 or 2020. A new governor, John Sununu, Jr., may ease the way. Unlike his Democratic predecessor, Maggie Hassan, Sununu has shown an openness to considering reforms.

Portland, Oregon, Okays Delivery Services. The city council voted Wednesday to approve "marijuana couriers" and other marijuana-related "micro-businesses" as a means of removing financial barriers for would-be entrepreneurs. Portland is the only city in the state to have approved pot delivery services.

Medical Marijuana

Arizona Prosecutor Will Appeal Ruling Telling Him Not to Obstruct Medical Marijuana Businesses. Maricopa County (Phoenix) Attorney Bill Montgomery said Wednesday he will ask the state Supreme Court to review a ruling a day earlier from the Court of Appeals that rejected his argument that federal law preempts the state's medical marijuana and approve zoning for a medical marijuana dispensary in Sun City. He said the ruling against him undermines federalism and the "fundamental principle of the rule of law."

Pennsylvania Will Issue 27 Dispensary Permits in First Phase of Program Roll-Out. The state will authorize up to 27 dispensary permits during a process that begins with applications opening in mid-January and able to be submitted between February 20 and March 20. Each dispensary is allowed two secondary locations, meaning up to 81 medical marijuana shops could open in this first phase. The state medical marijuana law allows for up to 50 dispensary permits to be issued. State officials said they expected dispensaries to be open for business by mid-2018.

Heroin and Prescription Opioids

Dozens of Top DEA Officials Leave to Go to Work for Opioid Pharmaceutical Companies. It's the revolving door at work: Dozens of DEA officials have been hired by pharmaceutical companies that manufacture or distribute opioid pain medications, most of them directly from the DEA's diversion division, which is responsible for regulating the industry. The hires come in the midst of a DEA crackdown to curb rising opioid use. "The number of employees recruited from that division points to a deliberate strategy by the pharmaceutical industry to hire people who are the biggest headaches for them," said John Carnevale, former director of planning for the White House's Office of National Drug Control Policy, who now runs a consulting firm. "These people understand how DEA operates, the culture around diversion and DEA;s goals, and they can advise their clients how to stay within the guidelines."

Drug Testing

Wisconsin Governor Doesn't Want to Drug Test Students, Just Poor People. Gov. Scott Walker (R) said that while he wants to fight opioid use, he doesn't think drug testing high school students is a high priority. "There are plenty of ideas that have come up, but this isn't one of them," he said in reference to a bill filed by Rep. Joel Kleefisch (R-Oconomowoc). He is down with forcing people on food stamps to undergo drug tests, though.

International

Indonesia Anti-Drug Chief Says Drug Dealers and Users Should Be Shot. Taking a page from Philippines President Rodrigo Duterte, Budi Waseso, head of the National Narcotics Agency, has called for the killing of drug dealers and users. "Don't hesitate to shoot drug traffickers, drug dealers and drug users. Anyone involved in drug trafficking should be punished harshly, including traitors in the BNN [National Narcotics Agency] body. "Drug dealers have been all out in their efforts to market drugs. We have to be all out as well to fight them," said Budi, adding that the agency is already cooperating with the military to tackle drug-related crimes. "For the military, I think the word war can already be interpreted. Let's together clear these drugs for the sake of future generations," added Budi.

This Week's Corrupt Cops Stories

A Homeland Security agent was living large on stolen dope money, a New York state cop was slinging coke and weed, and more. Let's get to it:

In Niagara Falls, New York, a former Niagara Falls police officer was arrested last Tuesday on charges she sold cocaine to undercover cops. Stephanie Costanza, 28, her boyfriend, and another woman were all arrested on cocaine and marijuana sales charges. She had been on leave since an initial arrest last month, but has now resigned from the force.

In San Diego, a former US Homeland Security Investigations agent was indicted last Wednesday on charges he stole hundreds of thousands of dollars in cash from drug money couriers and tried to hide the money via real estate transactions in American and Croatian banks. Former agent Tyrone Cedric Duren, 46, worked on Homeland Security's Bulk Cash Smuggling Taskforce, which targeted Mexican drug trafficking organizations and participated in at least 20 major cash seizures, but is accused of conducting searches and seizures without reporting them. Duren and his wife made at least $1.2 million in cash deposits over a four-year period. He faces money laundering, bank fraud conspiracy, false statements, and structuring financial transaction charges. He's out on bail.

In Houston, a Jefferson County jail supervisor was convicted last Thursday of taking bribes from a jailed Mexican cartel leader. Donald Roy Kelly was found to have initiated contact with Gulf Cartel leader Francisco Saenz-Tamez, who was there pending trial on federal drug trafficking charges, offering him a cell phone in return for a cash payment. Kelly provided a cell phone, as well as fast food, to Saenz-Tamez. Kelly went down when prison authorities found the phone weeks later and traced it back to him. He was found guilty of providing a prison inmate with a prohibited object and bribery of a public official. He's looking at up to 15 years in federal prison.

In Lebanon, Ohio, a former Warren County jail guard was sentenced last Thursday to nine months in prison for taking money to smuggle drugs to inmates. Travis Caudill, 36, went down when he was caught bringing a package of marijuana wrapped in duct tape to work with him. He then confessed that he was taking bribes to do so. He pleaded guilty to a third-degree felony charge of conveying prohibited items into a detention facility.

Medical Marijuana Update

The DEA has clarified that it still considers CBD to be illegal, Arkansas moves forward on implementation of its new program, Michigan gets legal dispensaries and a favorable court ruling, and more.

National

Last Wednesday, DEA clarified that, yes, it still considers CBD to be illegal. The DEA added a new code for marijuana extracts, including low-THC CBD cannabis oils, in the Federal Register. The code defines marijuana extracts as "an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant." That means that marijuana extracts, even those derived from low-THC industrial hemp, are considered marijuana and are placed under Schedule I of the Controlled Substances Act.

On Monday, imprisoned California dispensary operators were seeking a presidential commutation. Luke Scarmazzo and Ricardo Montes operated a medical marijuana dispensary in Modesto, California, until their arrest by federal drug agents 10 years ago. They were prosecuted and convicted of federal drug crimes for their efforts and sentenced to 21 years 10 months and 20 years, respectively. Now, they are formally seeking sentence commutations from President Obama, who has cut the sentences of more than a thousand other federal drug prisoners so far this year. The pair point out that they would not have been prosecuted under current federal policies largely turning a blind eye to marijuana in states where it is legal, whether recreationally or merely for medical purposes.

Arizona

On Tuesday, a state appeals court ruled that local officials can't use federal law to harass dispensaries. In a unanimous decision, the state Court of Appeals ruled that local officials can't use the federal ban on marijuana to refuse to provide zoning for dispensaries. Maricopa County Attorney Bill Montgomery (R) had no legal basis to claim that federal law trumps the state's voter-approved medical marijuana, the court held.

Arkansas

On Tuesday, state regulators set the number of commercial grows at five. The state Medical Marijuana Commission voted Tuesday to allow up to five commercial cultivation centers in the state. The Arkansas Medical Marijuana Amendment, approved by voters last month, specified that there could be between four and eight centers; the commission opted to start on the low end. Grows won't start, however, until rules about growing, processing, and distribution are finalized.

Maine

Last Thursday,Mthe governor said the state should "get rid of" medical marijuana after legalization. Tea Party Republican Gov. Paul LePage called for an end to the state's medical marijuana program: "If you've got recreational marijuana, it's over the counter," he said. "Why do we need medical marijuana?" But initiative backers said the intent of the legalization initiative was to respect medical marijuana and have "dual programs running side by side."

Michigan

On Tuesday, the state's new medical marijuana laws went into effect. New state laws that will explicitly allow for dispensaries, regulate growing and processing facilities, and allow patients to use non-smokable forms of the drug are in effect as of Tuesday. "This new law will help Michiganders of all ages and with varying medical conditions access safe products to relieve their suffering," Gov. Rick Snyder (R) said after signing the bills back in September. "We can finally implement a solid framework that gives patients a safe source from which to purchase and utilize medical marijuana."

Also on Tuesday, the state appeals court ruled that the medical marijuana law protects people transporting it. The state Court of Appeals ruled that the state's medical marijuana law extends to people accused of illegally transporting it. A state law written after voters approved medical marijuana, requires that it be stored in the trunk or other inaccessible part of the vehicle, but the court held that law is invalid because it imposes additional requirements on medical marijuana users.

Ohio

Last Thursday, the state Pharmacy Board issued draft rules for dispensaries. The board has issued proposed rules governing medical marijuana distribution in the state. The rules envision up to 40 dispensaries operating, with applicants having to show they have at least $250,000 in liquid assets. Applicants would have to pay a $5,000 non-refundable application fee, and if approved, would have to pay an $80,000 annual fee. Dispensaries would also have to pay a $100 fee for each advertisement, which would have to be approved by the board. The rules are open for comment until January 13. The Board of Pharmacy is one of three state agencies tasked with regulating the nascent industry. The State Medical Board has already released rules for doctors, and the Commerce Department is charged with regulating growers and processors.

Tennessee

Last Wednesday, Republicans rolled out a medical marijuana bill. State Sen. Steve Dickerson (R-Nashville) and state Rep. Jeremy Faison (R-Cosby) held a press conference Wednesday to introduce their "conservative proposal" to allow for the use of medical marijuana. Their draft bill would set a limit of 50 grow houses statewide, with each allowed to operate one on-site and two storefront dispensaries. It appears to make no provision for patient or caregiver grows. And it limits medical marijuana eligibility to a small list of specified conditions, including cancer, HIV/AIDS, ALS, PTSD, and Alzheimer's.

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

Chronicle AM: Joe Manchin Wants New Drug War, AZ&MI Appeals Courts Rule for MedMJ, More... (12/21/16)

West Virginia Senator Joe Manchin (D) calls for a new war on drugs and gets roundly ridiculed for it, appeals courts in Arizona and Michigan issue favorable medical marijuana rulings, a Missouri bill would end the asset forfeiture loophole that lets state police circumvent tough state laws by going to the feds, and more.

Medical marijuana saw court victories in Arizona and Michigan this week. (Creative Commons/Wikimedia)
Marijuana Policy

California Bill Would Ban Bud Billboards. Over the past year, billboards advertising marijuana products and businesses have popped up all over the state, but now, some lawmakers want to impose strict limits on marijuana advertising. Assemblyman Rob Bonta (D-Oakland) is one of the sponsors of Assembly Bill 64, which would bar ads that could be seen by minors "We have legal adult use and medical use, and we want to make sure that advertising hits the target audience as much as possible and doesn't slip beyond that," Bonta said. "We want to target adults and patients and not the broader audience that includes kids and carpools and school buses and families." The bill would require a two-thirds majority to pass because it would amend Proposition 64.

Medical Marijuana

Arizona Appeals Court Rules Local Officials Can't Use Fed Law to Hassle Dispensaries. In a unanimous decision, the state Court of Appeals ruled Tuesday that local officials can't use the federal ban on marijuana to refuse to provide zoning for dispensaries. Maricopa County Attorney Bill Montgomery (R) had no legal basis to claim that federal law trumps the state's voter-approved medical marijuana, the court held.

Arkansas Regulators Set Number of Commercial Grows at Five. The state Medical Marijuana Commission voted Tuesday to allow up to five commercial cultivation centers in the state. The Arkansas Medical Marijuana Amendment, approved by voters last month, specified that there could be between four and eight centers; the commission opted to start on the low end. Grows won't start, however, until rules about growing, processing, and distribution are finalized.

Michigan Appeals Court Rules Medical Marijuana Law Protects People Transporting It. The state Court of Appeals ruled Tuesday that the state's medical marijuana law extends to people accused of illegally transporting it. A state law written after voters approved medical marijuana, requires that it be stored in the trunk or other inaccessible part of the vehicle, but the court held that law is invalid because it imposes additional requirements on medical marijuana users.

Heroin and Prescription Opioids

West Virginia Democratic Senator Calls for "War on Drugs" to Fight Opioid Crisis. Sen. Joe Manchin (D-WV) said Tuesday a new "war on drugs" in necessary to combat rampant opioid use, sparking immediate ridicule on Twitter and other social media. "We need to declare a war on drugs," Manchin said on CNN when asked what President-elect Donald Trump should do about the opioid situation. Manchin added that he has met addicts who started out smoking marijuana but ended up taking prescription drugs and then moving on to heroin. "It's just been unbelievable," he said. But it was Manchin's resort to last-century tropes that the Internet found unbelievable. Taking on his call for a new drug war, one Twitter user responded, "If only someone would have thought to do that, say, 30 or 40 years ago. Genius!!"

Asset Forfeiture

Missouri Asset Forfeiture Reform Bill Filed. State Rep. Shamed Dogan (R-St. Louis) has pre-filed House Bill 231, which would close a loophole that allowed state and local police to circumvent tough state asset forfeiture laws by turning cases over to the feds. The bill would prohibit such behavior unless the amount involved was more than $100,000 cash.

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Chronicle AM: New MI MedMJ Laws Now in Effect, GOP Welfare Drug Testing Push, More... (12/20/16)

The legislative season is getting underway in the states and good and bad bills are starting to pop up, Michigan finally gets explicitly allowed dispensaries, Wisconsin's GOP governor wants Trump to rid him of pesky federal regulations that block him from drug testing food stamp recipients, and more.

GOP governors and legislators continue to demand welfare drug testing, despite lack of results. (Creative Commons/Wikimedia)
Marijuana Policy

Arizona Legalization Bill Filed. Just weeks after a legalization initiative was narrowly defeated by voters, a state representative is ready to give it a shot in the legislature. Rep. Mark Cardenas (D-Louisville) has pre-filed House Bill 2003, which would allow people 21 and over to possess up to an ounce of marijuana, grow up to five plants and keep the fruits of the harvest, and establish a recreational marijuana industry.

Medical Marijuana

Michigan's New Medical Marijuana Laws Now in Effect. New state laws that will explicitly allow for dispensaries, regulate growing and processing facilities, and allow patients to use non-smokable forms of the drug are in effect as of today. "This new law will help Michiganders of all ages and with varying medical conditions access safe products to relieve their suffering," Gov. Rick Snyder (R) said after signing the bills back in September. "We can finally implement a solid framework that gives patients a safe source from which to purchase and utilize medical marijuana."

Drug Testing

Texas Solons Introduce Welfare Drug Testing Bills. State Sen. Jane Nelson (R-Flower Mound) has filed Senate Bill 268, which would mandate drug screening for applicants in the Temporary Assistance for Needy Families (TANF) program and drug testing for those deemed at risk during the screening, have a felony record, or have previously tested positive for drug use. A companion bill has been filed in the House. Similar bills have been a regular feature of deliberations in Austin for the past several years, but have not gotten through the legislature.

Wisconsin Governor Wants Trump to Let Him Drug Test Food Stamp Recipients. Gov. Scott Walker (R) has written a letter to incoming President Donald Trump asking him to give the state more authority to require the drug testing of adults on food stamps, among other policy preferences. Federal law does not allow states to impose drug tests on recipients of Supplemental Nutrition Assistance Program benefits, better known as food stamps.

International

Copenhagen Tries Yet Again to Legalize Weed. For the fourth time, Denmark's largest city has formally requested permission to carry out a pilot marijuana legalization program where sales are handled exclusively by public authorities. The Danish government has so far been immune to the city's entreaties, but it could finally be softening. Just last month, it approved a medical marijuana trial program.

Chronicle AM: Obama Commutes More Sentences, ME Pot Opponents Give Up on Recount, More... (12/19/16)

President Obama has just commuted the sentences of another 153 drug offenders, Maine legalization foes concede their recount isn't going anywhere, Marc Emery's Montreal pot shops get raided in a hurry, and more.

Obama meets with prisoners at the El Reno, Oklahoma, federal detention facility. (whitehouse.gov)
Marijuana Policy

Guam Governor Calls for Marijuana Legalization. Guamanian Gov. Eddie Calvo (R) says it's time to legalize it. "I want us to look at how states navigated into recreational marijuana," Calvo, a Republican, said in a Facebook post on Monday. "Let's figure it out and then tax the heck out of it and use those taxes to help fund our hospital, public safety and education." The comments come just days after Calvo vetoed a bill that would have allowed medical marijuana patients to grow their own, saying it would "impose new and different duties upon our health and law enforcement agencies that will deplete their already strained resources."

Maine Legalization Opponents Give Up on Recount. The anti-legalization group that challenged the narrow victory of Question 1 in last month's elections has given up the ghost. No on 1 said Saturday it was apparent that the recount would not change the outcome. "We promised folks that if we came to a point where we could not see any chance of reversing the result, we would not drag the process out,"said Newell Augur, legal counsel for the No on 1 campaign. "We are satisfied that the count and the result are accurate." Now, the election result can be certified by the secretary of state, and legalization should go into effect sometime next month.

Medical Marijuana

Imprisoned California Dispensary Operators Seek Presidential Commutation. Luke Scarmazzo and Ricardo Montes operated a medical marijuana dispensary in Modesto, California, until their arrest by federal drug agents 10 years ago. They were prosecuted and convicted of federal drug crimes for their efforts and sentenced to 21 years 10 months and 20 years, respectively. Now, they are formally seeking sentence commutations from President Obama, who has cut the sentences of more than a thousand other federal drug prisoners so far this year. The pair point out that they would not have been prosecuted under current federal policies largely turning a blind eye to marijuana in states where it is legal, whether recreationally or merely for medical purposes.

Pardons and Commutations

Obama Issues Another Round of Sentence Commutations. The White House announced Monday that President Obama has commuted the sentences of another 153 federal prisoners, bringing the total this year to more than 1,100. A list of the prisoners and their offenses is not yet available, but Obama's earlier commutations had been directed almost entirely at people serving draconian drug sentences.

International

Marc Emery's Montreal Pot Shops Raided One Day After Opening. Long-time Canadian pot gadfly Emery and nine others were arrested after a series of raids Friday on his chain of Cannabis Culture pot shops. While Canada is moving to legalize marijuana, it hasn't done so yet, and authorities are working to keep the lid on the bubbling industry. Emery slammed Montreal Mayor Denis Coderre for the raids. "The mayor's behavior is despicable," he said. "If the mayor of Montreal wants to keep his city backward, behind and full of oppression, then that is the statement he just made to the world." As conditions of his bond, Emery cannot consume marijuana, communicate with anyone involved in the Cannabis Culture shops, or be in the province of Quebec except to show up for court dates.

China Denies Being Source of New Synthetic Drugs. Chinese officials have called assertions that China is the source of synthetic opioids linked to the deaths of thousands of drug users "unsubstantiated." Such statements "lack the support of sufficient numbers of actual, confirmed cases," China's National Narcotics Control Commission told DEA's Beijing office in a fax dated Friday. The DEA has said that China is the predominant source of fentanyl, the synthetic opioid many times more powerful than heroin, which has been implicated in thousands of drug overdose deaths.

Chronicle AM: US Cuts Philippines Aid Over Killings, Montreal Pot Shops Open, More... (12/16/16)

The US moves -- again -- to signal its displeasure with Philippines drug war killings, a marijuana descheduling petition could use your help, easy-access naloxone comes to Georgia, and more.

Standing in line to buy weed at Cannabis Culture in Montreal. Marc and Jodie Emery aren't waiting for the government. (Twitter)
Marijuana Policy

Petition to Deschedule Marijuana Needs Your Signature. The medical marijuana group Patients Out of Time has organized a Change.org petition urging President Obama to direct Attorney General Loretta Lynch to immediately deschedule marijuana. If the petition garners 100,000 signatures by January 9, the White House will respond. The petition currently has slightly more than 6,000 signatures.

Medical Marijuana

Ohio Pharmacy Board Issues Draft Rules for Dispensaries. The board has issued proposed rules governing medical marijuana distribution in the state. The rules envision up to 40 dispensaries operating, with applicants having to show they have at least $250,000 in liquid assets. Applicants would have to pay a $5,000 non-refundable application fee, and if approved, would have to pay an $80,000 annual fee. Dispensaries would also have to pay a $100 fee for each advertisement, which would have to be approved by the board. The rules are open for comment until January 13. The Board of Pharmacy is one of three state agencies tasked with regulating the nascent industry. The State Medical Board has already released rules for doctors, and the Commerce Department is charged with regulating growers and processors.

Heroin and Prescription Opioids

Georgia Governor Clears Path for Over-the-Counter Naloxone. Gov. Nathan Deal (R) Wednesday asked the state Department of Public Health to deregulate the opioid overdose reversal drug naloxone (Narcan), which would allow pharmacies to distribute the life-saving medication without a prescription. The state Board of Pharmacy has already removed naloxone from its dangerous drugs list. "Naloxone is a powerful weapon in the fight against the increasing epidemic of opioid abuse that poses a threat to public health in Georgia," DPH Commissioner Brenda Fitzgerald, M.D., said in a statement. "The governor's decisive action to make this drug accessible to anyone in a position to assist persons at risk of overdose will save countless lives."

International

US Defers Economic Aid to Philippines Over Drug War Killings. The US Embassy in Manila announced Thursday that it is holding up foreign economic assistance to the country because of "significant concerns around the rule of law and civil liberties in the Philippines" related to President Duterte's ongoing murderous campaign against alleged drug users and sellers. So far, some 6,000 have reportedly been killed in the purge since Duterte took office six months ago. The US had previously halted anti-drug training assistance and blocked the planned sale of some 26,000 assault rifles to the country.

Saudis Order Foreigners Wanting to Marry Saudi Women to Undergo Drug Tests. Under a newly announced law, foreigners wanting to marry Saudi women will have to pass a drug test before being married. "A drug test has been added to the compulsory marital medical test for foreigners seeking marriage with Saudi women," Mishaal Al-Rabian, head of communications and PR at the Ministry of Health explained. "The drug test is only for foreigners and, the test has been applied since the issuance of the circular a few months back." The move is being taken to discourage marriage with foreigners, to repress drug use, and to reduce divorce rates, officials said.

Marc and Jodie Emery Aren't Waiting to Open Montreal Pot Shops. Even though marijuana is still illegal in Canada, activists Marc "Prince of Pot" Emery and wife Jodie opened six retail marijuana outlets in Montreal Thursday. The stores carry the Emerys' Cannabis Culture brand. Local officials are vowing to shut them down, but in the meantime, business is brisk.

In Legal Marijuana States, Consumers Are Turning to Buds Over Beer

A new industry study says access to legal marijuana is having a negative impact on beer sales. That's bad news for the brewing industry, but good news from a public health perspective.

According to the industry site Brewbound, the research firm Cowen & Company analyzed the beer industries in Colorado, Oregon, and Washington -- three states that have recreational pot shops -- and found that their beer markets have "collectively underperformed" in the past two years.

The "magnitude of the underperformance has increased notably" as beer volumes have dropped more than 2% year-to-date in the trio of pot states, with big mainstream brewers like MillerCoors and Anheuser-Busch InBev seeing the biggest declines, with volumes down 4.4%. Craft beers have done a little better, but are down, too, seeing a 2.2% drop.

"While [marijuana] retail sales opened up in these markets at different points of time, with all three of these states now having fully implemented a retail infrastructure, the underperformance of beer in these markets has worsened over the course of 2016," wrote Vivien Azer, Cowen and Company's managing director and senior research analyst.

That's not exactly a shock, Azer wrote, since government survey data has shown "consistent growth in cannabis incidence among 18-25 year olds" in those three states at the same time that age group has seen declines "in alcohol incidence (in terms of past month use)." The change is most evident in Denver, one of the centers of the legal pot culture, where beer volumes have dropped 6.4%.

Numbers like these, if they continue, should soothe the concerns of public health advocates and academics worried that legal marijuana could complement alcohol use instead of substitute for it. Would legal pot mean more drinking or less? If legal pot meant increased alcohol consumption, with all its dangers, that would be a bad thing from a public health perspective. But if legal pot leads to less alcohol consumption, such problems can be alleviated.

And this bad news for the brewing industry suggests it does. It's not the only evidence suggesting a substitution effect, either.

In a review in the Journal of Policy Analysis and Management, Montana State University economist D. Mark Anderson and University of Colorado economist Daniel Rees reported that "studies based on clearly defined natural experiments generally support the hypothesis that marijuana and alcohol are substitutes."

They pointed to one study that found a higher drinking age increases teen pot consumption and that pot smoking drops off sharply at 21, when alcohol becomes legal, "suggesting that young adults treat alcohol and marijuana as substitutes."

Maybe we need to start talking about the public health benefits of marijuana legalization.

Medical Marijuana Update

Montana's dispensaries are coming back to life, Michigan's medical marijuana fees have been funding aggressive anti-marijuana law enforcement, and more.

Arkansas

On Monday, members of the state's new medical marijuana commission were sworn in. In the first meeting of a commission established to create a state medical marijuana system after voters approved a constitutional amendment last month, five commissioners were sworn in. The members of the state Medical Marijuana Commission are Dr. Ronda Henry-Tillman of Little Rock, lobbyist James Miller of Bryant, Dr. Carlos Roman of Little Rock, pharmacy executive Stephen Carroll of Benton and attorney Travis Story of Fayetteville. Henry-Tillman was unanimously elected Monday afternoon as the commission's chairman.

Kentucky

On Tuesday, a medical marijuana bill was filed. State Sen. Perry Clark (D-Louisville) has filed the Cannabis Compassion Act of 2017 (BR 409), which would allow patients with a specified list of diseases and medical conditions access to their medicine. The bill would allow patients to possess up to three ounces and grow up to 12 plants and envisions a system of regulated cultivators and "compassion centers.

Michigan

On Tuesday, news came that medical marijuana fees are funding the state's war on drugs.Medical marijuana fees have fattened the Michigan Medical Marijuana Fund, and state law enforcement has been tapping into that fund to aggressively go after marijuana. Local sheriffs in the Detroit area have spent more than $600,000 raiding dispensaries in the past year, and there's more where that came from since the fund has raised $30 million. "I really don't think it's appropriate to fund law enforcement on the backs of medical marijuana patients," medical marijuana attorney Matt Abel told the Detroit News. "… It's really a hidden tax on patients."

Montana

Last Wednesday, a state judge cleared dispensaries to reopen. A district court judge in Helena has ruled that a wording error in last month's successful medical marijuana initiative should not keep sick patients from having access to the plant now. The initiative undid a 2011 law that largely undid the original 2004 initiative allowing medical marijuana, but late changes to the initiative resulted in new sections being added, which in turn resulted in a change in section numbering that unintentionally pushed back the date dispensaries could open. "The folks that are maybe the most in need are the least able to provide, to grow their own," the judge said in making his ruling. "I think speed is more important than niceties."

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

Chronicle AM: Marijuana Legal in MA, DEA Says Even Low-THC CBD Still Illegal, More... (12/15/16)

New England marijuana policy is in flux, as Massachusetts legalizes it, Connecticut's governor disses it, and a key New Hampshire politician says "let's do it," the DEA clarifies that CBD cannabis oils are still illegal under federal law, and more.

Marijuana Policy

Connecticut Governor Doesn't Want to Legalize It. Stopping just short of saying he would veto a legalization bill, Gov. Dannel Malloy (D) said Thursday the legislature shouldn't waste its time on considering the issue. "First of all, I think it's a mistake what Massachusetts has done and other states have done,'' Malloy told reporters in Hartford. "I think we should hit the pause button and watch how it works in the region... I think it's a mistake.''

Massachusetts Legalization Now in Effect. State officials have certified the results of the November 8 election, and that means Bay State residents can now legally possess up to an ounce of pot in public and 10 ounces at home, and they can start growing up to six pot plants per person, with a limit of 12 per house. Marijuana retail and related businesses will not be licensed, though, until January 2018 -- if there are no delays.

New Hampshire Democratic Leader Says It's Time to Create a Path to Legalization. State Sen. Jeff Woodburn (D-Dalton), the Senate Minority Leader, said Wednesday he plans to file a marijuana legalization bill. "I think it's important New Hampshire recognize what's going on around us, but also listen to what the people are asking for. It's important -- I'm a civics teacher by background -- that we have a legitimate government. That means the people have been asking in overwhelming surveys that they support marijuana being legalized and it's important that our elected officials listen to and respond to their desires," he said. New Hampshire is the only New England state that has not even decriminalized possession.

Medical Marijuana

DEA Clarifies That, Yes, It Still Considers CBD to Be Illegal. The DEA Wednesday added a new code for marijuana extracts, including low-THC CBD cannabis oils, in the Federal Register. The code defines marijuana extracts as "an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant." That means that marijuana extracts, even those derived from low-THC industrial hemp, are considered marijuana and are placed under Schedule I of the Controlled Substances Act.

Maine Governor Says State Should "Get Rid Of" Medical Marijuana After Legalization. Tea Party Republican Gov. Paul LePage called for an end to the state's medical marijuana program Thursday. "If you've got recreational marijuana, it's over the counter," he said. "Why do we need medical marijuana?" But initiative backers said the intent of the legalization initiative was to respect medical marijuana and have "dual programs running side by side."

Tennessee Republicans Roll Out Medical Marijuana Bill. State Sen. Steve Dickerson (R-Nashville) and state Rep. Jeremy Faison (R-Cosby) held a press conference Wednesday to introduce their "conservative proposal" to allow for the use of medical marijuana. Their draft bill would set a limit of 50 grow houses statewide, with each allowed to operate one on-site and two storefront dispensaries. It appears to make no provision for patient or caregiver grows. And it limits medical marijuana eligibility to a small list of specified conditions, including cancer, HIV/AIDS, ALS, PTSD, and Alzheimer's.

This Week's Corrupt Cops Stories

A former Ohio sheriff goes to prison for stealing pills, a former New Mexico cop is in trouble for buying sex with meth, and more. Let's get to it:

In Las Cruces, New Mexico, a former Las Cruces police officer was arrested last Wednesday after being accused of trading drugs for sex. Alex Smith, 32, a seven-year veteran of the force, was originally suspended after being accused of giving methamphetamine to a woman while in his police uniform and wearing his badge, but he's now been charged with trafficking meth by distribution and conspiracy to commit trafficking. The woman described Smith as her drug "connect" and boasted that she had performed sexual favors for him in return for drugs. He met the woman in his official capacity when responding to a domestic violence report several years ago.

In Brownsville, Texas, a former Edcouch police officer pleaded guilty last Wednesday to working with Mexican drug traffickers. Vicente Salinas copped to one count of conspiring to possess with intent to distribute cocaine. He admitted staging fake drug busts in a scheme to steal and re-sell the drugs. He's looking at up to 40 years in federal prison.

In Fremont, Ohio, the former Sandusky County sheriff was sentenced Tuesday to four years in prison for stealing prescription drugs and misusing office funds. Kyle Overmyer also has to pay $25,000 in restitution. A special prosecutor accused him of stealing pills from drug disposal boxes and deceiving multiple doctors into giving him pain pills. He pleaded guilty last month to 13 felony counts of theft of dangerous drugs and theft in office.

Chronicle AM: Mexico Senate Approves MedMJ, WI Lawmaker Wants HS Drug Testing, More... (12/14/16)

With the backing of the president, Mexico's Senate has approved medical marijuana; Kentucky's attorney general identifies the opioid epidemic as the state's biggest problem, Nevada drug dogs trained to sniff out marijuana face an uncertain future after legalization, and more.

Do you want to play high school sports in Wisconsin? A GOP lawmaker wants you to have to pee in a cup first. (Wikimedia)
Heroin and Prescription Opioids

Kentucky AG Says Opioid Epidemic Should Be Legislature's Top Priority. Democratic Attorney General Andy Beshear said Tuesday that the opioid epidemic -- not a failing pension program -- is the state's biggest problem and the Republican-controlled legislature should make that its top priority. "We have a very important pension problem that we have to tackle, but a pension hasn't killed anyone's father or mother or taken a child from a parent," Beshear said. "This drug epidemic is the single largest threat to the lives of our citizens and also to our economy itself."

Drug Testing

Wisconsin Lawmaker Wants to Impose Drug Testing on High School Students Statewide. Whether to drug test students is a question traditionally left to local school boards, but state Rep. Joel Kleefisch (R-Oconomowoc) is drafting a bill to impose drug testing on some students statewide. He said he will introduce a bill that will require private and public schools to have policies to randomly drug test students who participate in voluntary activities, such as sports or choir or the debate club. Only a handful of Wisconsin school districts currently have such policies.

Law Enforcement

After Pot Vote, Nevada Drug Dogs Face Uncertain Future. With legal marijuana looming in the state's near future, Nevada drug dogs trained to sniff marijuana could be out of a job. Drug dogs are trained to detect various substances and will alert on any of them, but after January 1, they could be alerting on a legal substance, and that means their usefulness to law enforcement is in question. They could be retrained (difficult and expensive) or replaced (expensive).

International

Mexico Senate Votes Overwhelmingly to Approve Medical Marijuana. The Mexican Senate voted 98-7 Tuesday to approve medical marijuana legislation. The move comes after President Enrique Pena Nieto earlier this year signaled his support. Some lawmakers said they were disappointed the bill didn't legalize marijuana outright.

Philippines President Admits Personally Killing People. Speaking Monday about his bloody war on drugs, which has left nearly 6,000 dead in six months, President Rodrigo Duterte admitted to personally killing people while mayor of Davao City, where he has long been accused of tolerating death squads. "In Davao I used to do it personally. Just to show to the guys [police officers] that if I can do it, why can't you. And I'd go around in Davao with a motorcycle, with a big bike around, and I would just patrol the streets, looking for trouble also. I was really looking for a confrontation so I could kill," he said.

Chronicle AM: Marijuana Legal in MA Thursday, Canada Moving Forward, More... (12/13/16)

There's a lot of international news today, plus Colorado pot sales pass the $1 billion mark this year, Massachusetts politicians get out of the way of legalization, and more.

Philippines President Duterte isn't satisfied with mass killing of drug suspects. He wants the death penalty, too. (Wikimedia)
Marijuana Policy

Colorado Marijuana Sales Hit $1 Billion Mark This Year. The state Department of Revenue reports that marijuana sales through October exceeded the billion dollar mark, coming in at $1.09 billion. That figure could hit $1.3 billion by year's end, according to marijuana industry attorney Christian Sederberg.

Massachusetts Officials Won't Delay Marijuana Legalization. Possession of small amounts of marijuana will become legal Thursday. There had been fears of a delay after loose talk in the legislature, but legislative leaders made it clear Monday they will not seek to delay the start of the new law.

Medical Marijuana

Arkansas Medical Marijuana Commissioners Sworn In. In the first meeting of a commission established to create a state medical marijuana system after voters approved a constitutional amendment last month, five commissioners were sworn in. The members of the state Medical Marijuana Commission are Dr. Ronda Henry-Tillman of Little Rock, lobbyist James Miller of Bryant, Dr. Carlos Roman of Little Rock, pharmacy executive Stephen Carroll of Benton and attorney Travis Story of Fayetteville. Henry-Tillman was unanimously elected Monday afternoon as the commission's chairman.

Kentucky Medical Marijuana Bill Filed. State Sen. Perry Clark (D-Louisville) has filed the Cannabis Compassion Act of 2017 (BR 409), which would allow patients with a specified list of diseases and medical conditions access to their medicine. The bill would allow patients to possess up to three ounces and grow up to 12 plants and envisions a system of regulated cultivators and "compassion centers."

Michigan Medical Marijuana Fees Fund State's War on Drugs.Medical marijuana fees have fattened the Michigan Medical Marijuana Fund, and state law enforcement has been tapping into that fund to aggressively go after marijuana. Local sheriffs in the Detroit area have spent more than $600,000 raiding dispensaries in the past year, and there's more where that came from since the fund has raised $30 million. "I really don't think it's appropriate to fund law enforcement on the backs of medical marijuana patients," medical marijuana attorney Matt Abel told the Detroit News. "… It's really a hidden tax on patients."

International

Canada Marijuana Task Force Advises Wide-Ranging Legalization. The task force charged with shaping the country's looming marijuana legalization has recommended that pot be sold in retail stores and by mail order, that possession of 30 grams and cultivation of four plants be legalized, that the minimum age be set at 18, and that pot not be sold along with alcohol. The commission is also recommending that high-potency products be more heavily taxed to discourage their use. The Liberals are expected to file their legalization bill this coming spring.

Canada Releases New Comprehensive Drug Strategy. Health Minister Jane Philpott Monday unveiled the Canadian Drug and Substances Strategy, which will replace the existing National Anti-Drug Strategy of the Conservatives. The new strategy restores harm reduction as a core pillar of Canadian drug policy, along with prevention, treatment, and law enforcement, and insists on a "strong evidence base."

British Drug Advisers Call for Prescription Heroin, Safe Injection Sites. The official Advisory Council on the Misuse of Drugs has recommending allowing hard-core heroin users to get the drug via prescription and called for the opening of supervised injection facilities. Both moves come as a response to a soaring number of drug overdose deaths. "The ACMD is of the view that death is the most serious harm related to drug use," commission head Les Iversen said in a letter to the Home Secretary. "The most important recommendation in this report is that government ensures that investment in OST [opioid substitution therapy] of optimal dosage and duration is, at least, maintained," he added.

Philippines Drug War Death Toll Nearing 6,000. According to statistics released Monday by the Philippines National Police, some 5,927 deaths have been linked to President Rodrigo Duterte's war on drugs since he took office at the beginning of July. Nearly 2,100 were killed in police operations, while more than 3,800 deaths were blamed on vigilantes or death squads.

Effort to Block Philippines Death Penalty Bill. In addition to widespread extra-judicial executions of drug suspects, President Duterte wants to reinstate the death penalty, including for drug offenses. ASEAN Parliamentarians on Human Rights is leading the campaign against the bill and wants people to contact Philippines lawmakers. Click on the link for more info.

Chronicle AM: Congressional Cannabis Caucus, Hemispheric Drug Policy Study Passes, More... (12/12/16)

A bipartisan effort to goose federal marijuana reforms is underway, a bill that would establish a hemispheric drug policy review heads for the president's desk, the Israeli anti-drug body makes a surprise move, and more.

Rep. Earl Blumenauer (D-OR) is a founding member of the new congressional cannabis caucus. (wikimedia.org)
Marijuana Policy

Congressional Cannabis Caucus Created. Reps. Dana Rohrabacher (R-CA) and Earl Blumenauer (D-OR) have announced the formation of a congressional cannabis caucus to speed the passage of federal marijuana reform legislation. Another Republican, Rep. Thomas Massie (R-KY) will likely emerge as a spokesman for the caucus, which will begin meeting next month.

Drug Policy

Congress Passes Bill to Reassess Hemispheric Drug Policy. The Western Hemisphere Drug Policy Commission Act (HR1812) has passed the Congress and now heads to the president's desk. The bill sponsored by Rep. Elliot Engel (D-NY) was folded into the State Department appropriations bill. "Over the last few decades, we've spent billions and billions of taxpayer dollars on counter-narcotics programs in Latin America and the Caribbean," said Engel. "The Western Hemisphere Drug Policy Commission will force us to take a fresh look at our drug policy and make sure we have the best strategy moving forward. We need to have an honest assessment of what has worked and what has failed as we consider how to spend our counter-narcotics dollars in the future. With heroin use on the rise here at home, our children deserve no less than a fair evaluation of our drug policy."

Study Slams Virginia Drivers' License Suspensions for Drug Convictions. Under a law dubbed "a relic of the drug war," some 38,000 Virginians lose their driving privileges each year, not for traffic offenses, but for any drug conviction, including the possession of small amounts of marijuana. A new study from the Prison Policy Institute contends that the law is counterproductive, threatens public safety, and unnecessarily burdens low income offenders by limiting their ability to get or keep a job, pay fines, and cover expenses like child support.

International

Colombia President Accepts Nobel Peace Prize, Slams Drug War. President Juan Manuel Santos was awarded the prize for his critical role in overseeing lengthy peace negotiations with FARC rebels that have now resulted in an accord ending the world's longest-running civil war. In his acceptance speech Saturday, he reiterated his call for a "rethink" of the war on drugs, saying "Colombia has been the country that has paid the highest costs in deaths and sacrifices. He also suggested that changing policies in the US make it unreasonable to prosecute the drug war in Colombia. "It makes no sense to imprison a peasant who grows marijuana, when nowadays, for example, its cultivation and use are legal in eight states of the United States," he said.

Israel's Anti-Drug Body Reverses Itself, Calls for Drug Decriminalization. In a surprise move, the Israel Anti-Drug Authority told the Knesset's Special Committee on Drug and Alcohol Abuse that it supports the "Portugal model," where drug use and possession is decriminalized and treated as a public health issue and called for the decriminalization of up to 25 grams of marijuana. Reform foe Public Security Minister Gilad Erdan is expected to object strenuously.

Chronicle AM: Opioid ODs Keep Rising, More Vancouver SIJs, More DC "Smoke Sessions", More... (12/9/16)

Trump's anti-marijuana attorney general pick gets a surprise visit from DC activists, the CDC announces that opioid OD deaths went up again last year, British Columbia expands its safe injection site program, and more.

Marijuana Policy

DC Activists Visit Sessions' Office, Offer Free Weed. As part of their #SmokeSessions campaign to defeat the nomination of Trump's attorney general pick, activists from the DC Cannabis Campaign, the same group that led the DC legalization campaign, visited the offices of Sen. Jeff Sessions (R-AL) Thursday, carrying marijuana with them as they went. Sessions staffers listened to arguments against prohibition and stories about medical benefits and did not call Capitol Police to arrest the federal lawbreakers, leading organizer Adam Eidinger to ask: "If you're not going to arrest people in your own office who bring marijuana… why would you break down people's doors as a federal policy?"

Hemp

Missouri Hemp Bill Filed. State Sen. Rob Schaaf (R-St. Joseph) has pre-filed a bill that would authorize commercial hemp farming, production, and sale, and does not require growers to get federal permission to grow their crop. The measure is SB120. The legislative session starts next month.

Heroin and Prescription Opioids

Opioid Deaths Surpassed 30,000 Last Year. The Centers for Disease Control and Prevention (CDC) released data Thursday showing the opioid overdose deaths had surpassed 30,000 for the first time in recent history last year. That's up nearly 5,000 deaths over 2014. And for the first time since the 1990s, more people died from heroin overdoses than prescription opioid overdoses. "The epidemic of deaths involving opioids continues to worsen," said CDC Director Tom Frieden in a statement. "Prescription opioid misuse and use of heroin and illicitly manufactured fentanyl are intertwined and deeply troubling problems."

Asset Forfeiture

Institute of Justice Sues Border Patrol, IRS Over Asset Forfeiture FOIA Records. The libertarian-leaning Institute of Justice filed a federal lawsuit Thursday against the Border Patrol and the IRS, saying the two agencies are violating the Freedom of Information Act (FOIA). The IRS demanded $750,000 to turn over asset forfeiture records, while the Border Patrol denied the FOIA request, first claiming it was "overbroad" and then saying to do so would reveal law enforcement techniques. "The lack of transparency surrounding forfeiture is deeply troubling, especially considering the vast power law enforcement has to take property from people without so much as charging them with a crime," The Institute for Justice's research director Lisa Knepper said in a press release announcing the suit. "The public ought to know how forfeiture is being used."

Ohio Asset Forfeiture Reform Bill Heads to Governor's Desk. A bill that would require the filing of criminal charges before the state could institute civil asset forfeiture proceedings won final approval in the House Friday and now head to the desk of Gov. John Kasich (R). The measure, House Bill 347, was earlier approved unanimously by the state Senate.

International

New Safe Injection Sites Open in Vancouver, with More Yet to Come. Two new safe injection sites for drug users opened in the city's Downtown Eastside Thursday, and similar facilities will open in Surrey and Victoria next week. And later this month, additional sites will open in all three locations. The move was announced by the British Columbia Ministry of Health, which did not seek permission from the federal government to do so. But they did let Health Canada and the Ministry of Public Safety know it was coming. BC Health Minister Terry Lake said the actions were necessary to combat a rising toll of opioid overdose deaths. "We can't wait for federal changes in order to save people's lives," he said. "We know people are using in alleys, they are using in their rooms, and they are not where the people who can help them are. And so in the face of this crisis, we really just wanted to do more."

Germany's Dusseldorf Wants to Legalize Weed. Following the lead of Berlin, which is moving to allow cannabis coffee shops, the city of Dusseldorf is moving to enact total marijuana legalization. The city council met Wednesday with experts in crime, economics, and psychology to discuss how best to move forward.

Seven More Drug War Deaths

When police in Charlotte, North Carolina, shot and killed Keith Lamont Scott in September in an incident that began when they spotting him rolling a joint in his car, the city was shaken by angry protests. Part of it was that he was another black man gunned down by police; part of it was undoubtedly because video taken by Scott's wife as her husband was killed went viral.

Most drug war-related deaths don't get so much attention, but they happen with depressing regularity. The Drug War Chronicle has been tallying them since 2011, and throughout that period, drug war deaths have remained fairly constant, averaging about one a week throughout that period.

The good news is that this year it looks like we're not going to reach that one a week threshold. The bad news is we're still going to get close. With less than a month to go, the Chronicle's tally this year has reached 45.

Here are the seven people killed by police enforcing drug laws since the Scott killing. At least three of them were killed as they attempted to flee police in their vehicles, including one where a bystander video shows police opening fire after he posed no obvious immediate danger to police.

On September 27 in Phoenix, Arizona, a Phoenix police officer shot and wounded John Ethan Carpenter, 26, who died of his wounds a week later. Police were tailing Carpenter as part of a drug investigation and had arranged a drug deal with him. He pulled up to a convenience store parking lot next to an undercover cop who was part of the investigation, and other officers then blocked his vehicle in with a marked police cruiser. When officers approached on foot, Carpenter reportedly pulled a hand gun and pointed it at them. When they retreated, he put his vehicle in reverse, ramming the police cruiser, and the undercover narc then "feared for the safety of his fellow officers" and opened fire. Drugs were found in the vehicle. Carpentier had previously done prison time for aggravated assault and drug paraphernalia (!?).

On October 19, in Willoughby, Ohio, a Willoughby police officer shot and killed Frank Sandor, 38, as he attempted to speed away from two officers questioning him in the parking lot of a Lowe's Home Improvement store. Sandor was wanted on drugs and escape warrants and first gave officers false information when they stopped him, then put his vehicle in reverse, striking a police motorcycle parked behind him before driving off. A YouTube video posted shortly after the incident shows the motorcycle officer shooting three times at Sandor's vehicle as it fled -- after the officer was no longer in any immediate danger. That video showed the officer limping after he fired the shots. Sandor's vehicle rolled to a halt a few yards away. The Ohio Bureau of Investigation is conducting the investigation of the shooting.

On October 25, in Elkton, Maryland, state police attempting to serve a Delaware drugs and guns arrest warrant at a local motel shot and killed Brandon Jones and Chelsea Porter, both 25, when, instead of surrendering to the dozens of police surrounding the motel, they came out of their motel room with guns pointed at police. Jones came out first, refused demands to drop the weapon, and was shot. Then Porter did the same thing. The shooting will be investigated by Maryland State Police, as is protocol when any police action results in a death.

On November 3, in Salisbury, North Carolina, a member of the Salisbury Police's SWAT-style Special Response Team shot and killed Ferguson Laurent, 23, as the team executed a "no-knock" search warrant looking for drugs, guns, and stolen property. "One subject fired at least one shot at the officers," said an official statement from the department. "Officers returned fire and struck the subject who has since passed away at the hospital." The officer who shot Laurent was identified as K. Boehm. Boehm shot and killed another suspect in 2008; that killing was found to be justified. Word of the killing spread rapidly and a "tense" crowd gathered at the scene, leading Police Chief Jerry Stokes to warn that while people had a First Amendment right to protest, "if you start becoming violent and damaging property, then that is the problem." The State Bureau of Investigation is investigating the shooting.

On November 15, in Webster, Texas, members of the nearby Alvin Police Department Street Crimes Unit shot and killed Robert Daffern, 37, after locating the wanted drug felon at a motel. Police said they approached Daffern, but that he didn't comply with commands to surrender and instead brandished a pistol and aimed at one of the officers. The Alvin Police investigators then fired several rounds, leaving Daffern dead at the scene. Police found a second pistol in his pocket, and a "significant amount" of drugs and cash. The incident is being investigated by the Webster Police Department and the Harris County District Attorney's office and will be reviewed by a grand jury.

On November 28, in Hickory, North Carolina, a Catawba County sheriff's deputy with the narcotics division shot and killed Irecas Valentine, 41, during a "narcotics investigation." The sheriff's office said "an altercation occurred involving the unidentified suspect's vehicle and an undercover deputy's vehicle" and "shots were then fired by at least one deputy." Valentine died after being transported to a local hospital. The State Bureau of Investigation is investigating the case.

Chronicle AM: Trump Names Drug Warrior for DHS, Congress Funds Opioid Treatment, More... (12/8/16)

Another Trump nominee raising eyebrows and concerns among drug reformers, Congress passes a health care omnibus bill that includes $1 billion for opioid treatment, Montana dispensaries are cleared to reopen, and more.

Trump's Department of Homeland Security pick, Gen. John Kelly (Creative Commons/Wikimedia)
Marijuana Policy

Anchorage Gets Its First Marijuana Shop on December 17. Alaska's largest city will have a place to buy legal marijuana in less than ten days. Alaska Fireweed in downtown Anchorage has announced that it will open at high noon on December 17.

Colorado Governor Aims to Rein In Home Pot Cultivation. Gov. John Hickenlooper (D) has told lawmakers he wants to reduce black market marijuana exports by imposing a 12-plant limit on grows at private homes, banning collective recreational grows, and imposing tighter restrictions on medical marijuana caregivers. It isn't going to happen without a fight, marijuana activists say.

Vermonters Can Seek Pardons for Small-Time Marijuana Possession Convictions -- This Month Only. Governor Peter Shumlin (D) will consider pardoning Vermont convictions of possession for up to an ounce of marijuana, but people have to apply before the end of this month. The state decriminalized possession of less than an ounce in 2013. Seeking a pardon doesn't necessarily mean you'll get one, though. Click on the link to see the pardon form.

Medical Marijuana

Montana Judge Clears Dispensaries to Reopen. A district court judge in Helena has ruled that a wording error in last month's successful medical marijuana initiative should not keep sick patients from having access to the plant now. The initiative undid a 2011 law that largely undid the original 2004 initiative allowing medical marijuana, but late changes to the initiative resulted in new sections being added, which in turn resulted in a change in section numbering that unintentionally pushed back the date dispensaries could open. "The folks that are maybe the most in need are the least able to provide, to grow their own," the judge said in making his ruling. "I think speed is more important than niceties."

Heroin and Prescription Opioids

Congress Passes Health Bill That Includes $1 Billion for Opioid Fight. The Senate Monday gave final approval to HR 34, an omnibus health care bill that includes $1 billion for expanded opioid treatment programs. The legislation now heads for the president's desk. Obama is expected to sign it.

Law Enforcement

Trump Nominates Another Drug War Zealot to Head Department of Homeland Security. The Trump transition team has named General John Kelly to head the Department of Homeland Security. Kelly has said he believes marijuana is a gateway drug, that interdiction could be more efficient with increased funding, and that marijuana legalization sends a confusing message to Latin American leaders, among other things."This is looking really bad," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "First Sessions for Attorney General, then Price at HHS, and now yet another old-style drug war character for Homeland Security. It looks like Donald Trump is revving up to re-launch the failed drug war."

Medical Marijuana Update

Advocates file a petition to rein in DEA misinformation about medical marijuana, Arkansas regulators are moving to implement the new law there, Minnesota adds PTSD, and more.

National

On Monday, ASA filed a petition with the DOJ to make DEA stop lying about marijuana. Americans for Safe Access (ASA) filed a petition under the Information Quality Act with the Justice Department "demanding that the Drug Enforcement Administration (DEA) immediately update misinformation about cannabis." Under the Information Quality Act, federal administrative agencies are required to ensure that the information they disseminate is accurate and objective. ASA says the DEA has violated the act at least 25 times.

Arizona

Last Friday, a pair of patients sued the state over fees. Attorneys for patients Yolanda Daniels and Lisa Becker filed suit last Friday to force a reduction in the annual fee for registration cards that patients are legally required to obtain. The state health department is charging $150 a year, even though it has nearly $11.5 million in its medical marijuana account. "In a time when medication is more expensive than ever, the state should be helping to make it cheaper for Arizonans," the patients' attorney argued. "The state is deliberately squatting on the excess fund instead of refunding it to patients or using it in furtherance of the Arizona Medical Marijuana Act, such as to help patients."

Arkansas

Last Wednesday, regulators released draft medical marijuana rules. The state Department of Health Wednesday released proposed draft rules for the voter-approved medical marijuana program. The rules include provisions about labeling, obtaining medical marijuana registry cards, lab testing requirements, and the process for adding new qualifying conditions. The department said it hopes to present the draft rules to the Board of Health next month and then open them to public comment. The department has not completed draft rules for regulation of and applications for dispensary and cultivation licenses. The state is supposed to be ready to license growers and sellers by June 1.

Michigan

Last Friday, protestors gathered to denounce Kent County dispensary raids. A couple of dozen people gathered outside the Plainfield Township Hall last Friday to protest a series of raids last Monday that shuttered three dispensaries in Plainfield. Demonstrators said they have nowhere to go to get their medicine, but Plainfield officials countered that dispensaries had been banned there since 2011.

Minnesota

Last Thursday, Minnesota okayed medical marijuana for PTSD. The state Department of Health has decided to add post-traumatic stress disorder (PTSD) to the list of qualifying conditions for marijuana. It had been weighing requests to add PTSD, autism, arthritis, depression, and other conditions. "While the process of reviewing these potential additions was difficult due to the relative lack of published scientific evidence, PTSD presented the strongest case for potential benefits," Health Commissioner Dr. Ed Ehlinger said. "PTSD also has few effective treatment alternatives available for some patients with the condition," he added. The decision means that patients certified with PTSD will be eligible for medical cannabis starting August 2017.

Texas

On Tuesday, a lawmaker filed a medical marijuana bill. State Sen. Jose Menendez (D-San Antonio) Tuesday filed a bill to allow for the use of medical marijuana in the Lone Star State. The bill lists qualifying conditions and would allow for private dispensaries, but would not set amount limits. Menendez said that should be left between the doctor and the patient. The bill is not yet available on the state legislative website.

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

This Week's Corrupt Cops Stories

A bunch of Des Moines drug cases are now in doubt after a pair of cops are accused of planting drugs, a former New York cop gets sent away for selling "date rape" drugs, and more. Let's get to it:

In Des Moines, Iowa, two Des Moines police officers resigned Monday after officials accused them of planting evidence in a drug case last year. Senior Police Officers Joshua Judge, 30, and Tyson Teut, 30, left the force after superiors began investigating a complaint in a January 2015 case. But an internal investigation will review the hundreds of cases the pair worked since the both joined the department in August 2013. Stay tuned; criminal charges could be coming.

In St. Croix, the US Virgin Islands, an officer on the governor's security detail pleaded guilty last Thursday to using his law enforcement credentials to bypass TSA screening before he was later caught carrying about 40 pounds worth of cocaine onto a flight bound for Florida. Neal Chesterfield, 39, copped to possession with intent to distribute cocaine and faces an April sentencing date.

In New York City, a former Sleepy Hollow police officer was sentenced last Friday to eight years in prison for selling over a million dollars worth of an illegal analogue of GHB, widely described as a "date rape drug." Robert Smutek, 52, who had also served on a drug task force, also must forfeit $1.2 million in proceeds from the scheme.

Chronicle AM: Organic Foods Group Disses Kratom, DPA Releases Opioids Plan, More... (12/7/16)

An organic foods group says allowing kratom would be "dangerous," the Drug Policy Alliance comes out with a plan for heroin and prescription opioids, Iowa shuts down its asset forfeiture unit, and more.

The Natural Products Association says allowing kratom would be "dangerous." (Creative Commons/Wikimedia)
Marijuana Policy

Virginia Marijuana Arrests Plummet. Marijuana arrests have dropped 14% in the state over the past two years, the largest decline this century, and they appear headed for further declines this year. Changes in prosecutorial priorities appear to be behind the fall, with some prosecutors saying they need to husband their resources for felony prosecutions.

Heroin and Prescription Opioids

Drug Policy Alliance Releases Public Health and Safety Plan to Address Problematic Opioid Use and Overdose. The Drug Policy Alliance, the nation's leading proponent of drug policy reform, is releasing a plan to address increasing rates of opioid use and overdose (now the leading cause of accidental death in the United States). The plan marks a radical departure from the punitive responses that characterize much of US drug policy and instead focuses on scientifically proven harm reduction and public health interventions that can improve treatment outcomes and reduce the negative consequences of opioid misuse, such as transmission of infectious diseases and overdose. The plan has 20 specific recommendations, including establishing safe injection sites, moving ahead with prescription heroin (heroin-assisted treatment), and embracing Law Enforcement Assisted Diversion (LEAD) to keep people out of the criminal justice system and bring them in contact with social services.

Kratom

Natural Products Association Says Allowing Kratom Would Be "Dangerous." The largest trade group representing the organic and natural foods industry and dietary supplements makers has commented on the DEA's proposed ban on kratom, saying that "adding kratom to the US food supply could likely be dangerous and lead to serious unintended consequences." Kratom products have not met the strict standards for new items to be marketed to the public or undergone FDA approval, the group said. "Adding an untested and unregulated substance such as kratom to our food supply without the application of longstanding federal rules and guidelines would not only be illegal," said Daniel Fabricant, PhD, NPA's CEO and executive director. "It could likely be dangerous, leading to serious unintended consequences as our nation struggles with the crisis of opioid addiction."

Asset Forfeiture

Iowa Disbands State Asset Forfeiture Team, Returns $60,000 Taken From Travelers. Under increasing fire over asset forfeiture practices that saw a thousand seizures a year, the state Attorney General's Office announced Monday that the Department of Public Safety had disbanded its Interstate 80 drug interdiction and forfeiture team. The move came because of increased personnel demands and the need to focus on reducing traffic deaths, the office said, and had nothing to do with the recently announced settlement of a lawsuit brought by a pair of California gamblers who had $100,000 seized after they were stopped and a small amount of marijuana was found. That settlement resulted in the men getting most of their money back.

Law Enforcement

Justice Department Probing Possible Criminal Charges Over Atlanta DEA Informants. A DEA official told a congressional committee last week that the agency has referred "potential criminal charges" to the Justice Department over an Atlanta DEA supervisor who allegedly was in sexual relationships with two informants, one of whom was paid $212,000 for helping to bust four St. Louis drug traffickers. There are allegations of false documentation of payments to the snitch, who got $2,500 a month for two years, along with two "bonuses" of $55,000 and $80,750. The monthly payments apparently covered the rent for apartment near the DEA supervisor's home in the Atlanta metro area.

Chronicle AM: Petition to Make DEA Stop Lying, New DEA National Threat Assessment, More... (12/6/16)

Medical marijuana advocates want the DEA to quit fibbing about weed, Massachusetts pols say they may delay implementation of legal pot commerce, a medical marijuana bill gets filed in Texas, and more.

DEA marijuana prosecutions are trending down. (dea.gov)
Marijuana Policy

California Roadside Drug Testing Bill Filed. After being defeated last session over concerns that field drug testing devices are not reliable, Assemblyman Tom Lackey (R-Palmdale) is back with a new roadside drug testing bill for the next session, Assembly Bill 6. Lackey says it's all about pot: "The ballot initiative passed this year to legalize marijuana will result in more marijuana consumers on our state's highways and roads," Lackey said in a statement. "It is imperative that we invest in a broad spectrum of technologies and research to best identify marijuana-impaired drivers."

Massachusetts Senate President Says Legal Marijuana Commerce Could Be Delayed. The successful Question 4 marijuana legalization initiative means pot possession, use, and home cultivation is legal as of December 15 and authorizes stores to start selling it in January 2018, but now, key legislators are saying that might not happen on time. Senate President Stan Rosenberg (D) said Monday there is "a strong feeling that we ought to be looking at the later dates, rather than the earlier dates."

Medical Marijuana

ASA Files Petition With DOJ to Make DEA Stop Lying About Marijuana. Americans for Safe Access (ASA) Monday filed a petition under the Information Quality Act with the Justice Department "demanding that the Drug Enforcement Administration (DEA) immediately update misinformation about cannabis." Under the Information Quality Act, federal administrative agencies are required to ensure that the information they disseminate is accurate and objective. ASA says the DEA has violated the act at least 25 times.

Texas Lawmaker Files Medical Marijuana Bill. State Sen. Jose Menendez (D-San Antonio) Tuesday filed a bill to allow for the use of medical marijuana in the Lonestar State. The bill lists qualifying conditions and would allow for private dispensaries, but would not set amount limits. Menendez said that should be left between the doctor and the patient. The bill is not yet available on the state legislative website.

Law Enforcement

DEA Releases 2016 Drug Threat Assessment. The DEA has released its 2016 National Drug Threat Assessment, which emphasizes issues around the use of prescription opioids and heroin and warns about rising opioid overdose rates. The assessment also notes that DEA marijuana prosecutions are declining, but that more of the cases that are prosecuted are domestic, as opposed to Mexican marijuana imports. The assessment also reports declines in Mexican marijuana seizures in every border district but one.

Chronicle AM: Seattle Safe Injection Site "Die-In," ME MJ Init Vote Recount, More... (12/5/16)

Foes challenging the narrow legalization victory in Maine got their recount going today, patients take to the courts in Arizona and to the streets in Michigan, Seattle health care professionals do a die-in for safe injection sites, Ireland takes another step toward medical marijuana, and more.

Vancouver's safe injection site. Doctors and nurses in Seattle are agitating for something similar there. (vcha.ca)
Marijuana Policy

Maine Legalization Initiative Recount Begins. The Question 1 initiative legalizing marijuana won by less than 1% of the popular vote, garnering 381,692 votes to the opposition's 377,619 votes, a difference of 4,073 votes. Citing the narrow margin of victory, foes called a recount, and it began Monday. The recount could take up to a month, delaying putting legalization into effect until it is completed.

Medical Marijuana

Pair of Arizona Patients Sue Over Fees. Attorneys for patients Yolanda Daniels and Lisa Becker filed suit last Friday to force a reduction in the annual fee for registration cards that patients are legally required to obtain. The state health department is charging $150 a year, even though it has nearly $11.5 million in its medical marijuana account. "In a time when medication is more expensive than ever, the state should be helping to make it cheaper for Arizonans," the patients' attorney argued. "The state is deliberately squatting on the excess fund instead of refunding it to patients or using it in furtherance of the Arizona Medical Marijuana Act, such as to help patients."

Michigan Protestors Denounce Kent County Dispensary Raids. A couple of dozen people gathered outside the Plainfield Township Hall last Friday to protest a series of raids last Monday that shuttered three dispensaries in Plainfield. Demonstrators said they have nowhere to go to get their medicine, but Plainfield officials countered that dispensaries had been banned there since 2011.

Harm Reduction

Seattle Nurses, Doctors Do Die-In at City Hall in Protest Calling for Safe Injection Sites. As Seattle officials ponder whether to move toward allowing a safe injection site, doctors and nurses are turning up the heat. Last Friday, more than 30 members of Health Care Workers for Supervised Consumption Spaces held a die-in at City Hall to imitate the corpses that will be created if safe injection sites aren't allowed. City officials have been generally sympathetic to the idea, and a Seattle/King County opioid task force recommended the move in September.

International

British Town to Allow Drug Testing at Clubs. In a harm reduction first for the United Kingdom, a town in Lancashire will be the first in the country to offer testing of drug samples provided by club-goers at night clubs. The tests will examine samples of cocaine and MDMA to test the strength and purity of the drugs in a bid to reduce deaths related to "adulterated or highly potent" drugs. The National Police Chief's Council reportedly said the scheme could be useful but was still not yet endorsed on a national basis.

Ireland Takes Another Step Toward Medical Marijuana. The Dáil Éireann, the lower house of parliament, last Thursday approved an amendment allowing for the medicinal use of marijuana. But the measure still has to undergo another round of approval before it becomes law.

Poll: More Irish Support Marijuana Legalization Than Not. As the parliament ponders medical marijuana, a new poll finds that more Irish than not support full-blown legalization. A poll asking "Should cannabis be legalized for recreational use?" had 48% saying yes, 41% saying no, and 11% undecided.

Trump Gets Behind Philippines Drug War Mass Murderer

Donald Trump's seat-of-the-pants pre-inaugural telephone diplomacy is causing shock waves in diplomatic circles and world capitals around the globe, whether it's getting all buddy-buddy with despots like Kazakhstan's perpetual leader Nursultan Nazarbayev, throwing US China policy into turmoil by taking a call from the president of Taiwan, or insulting close allies like Great Britain by failing to reach out in a timely fashion.

Filipino strongman Rodrigo Duterte (Creative Commons/Wikimedia)
But the president-elect outdid himself with a Friday call to Philippines President Rodrigo Duterte. The Filipino strong man took office earlier this year with a promise to unleash mass murder on Filipino drug users and dealers, and he has lived up to that vow, leaving the streets running with the blood of the more than 5,000 killed so far, either directly by his police or, in a more shadowy fashion, by "vigilantes."

Duterte's bloody campaign has drawn scathing criticism from human rights groups, the United Nations, and the Obama administration, with Duterte responding to the latter by calling Obama a "son of a whore." But in his phone call with Duterte, Trump was singing a different tune.

Duterte said Saturday that Trump had endorsed his bloody anti-drug campaign, telling him that the Philippines was doing it "the right way" and that Trump was "quite sensitive" to "our worry about drugs."

"He wishes me well, too, in my campaign, and he said that, well, we are doing it as a sovereign nation, the right way," Duterte said.

In a Philippines government summary of the call between Trump and Duterte, the Filipino president said the pair had spoken only briefly, but touched on many topics, including the anti-drug campaign.

"I could sense a good rapport, an animated President-elect Trump, and he was wishing me success in my campaign against the drug problem," Duterte said. "He understood the way we are handling it, and I said that there's nothing wrong in protecting a country. It was a bit very encouraging in the sense that I supposed that what he really wanted to say was that we would be the last to interfere in the affairs of your own country. I appreciate the response that I got from President-elect Trump, and I would like to wish him success," Duterte said. "He will be a good president for the United States of America."

The Trump team has yet to comment on the call.

Duterte, who rose to national political prominence as the death squad-supporting mayor of Davao City, is among the most brutal of the crop of right-populist political leaders and movements that have emerged around the globe this year, but delicacies like concern about human rights or the lives of drug users don't appear to be on Trump's radar. Especially when he's got more pressing concerns in the Philippines -- such as the Trump-branded residential tower going up in metropolitan Manila. Duterte has just named he Filipino businessman who is Trump's partner in the project, Jose E. B. Antonio, to be a special envoy to the US.

While Trump is seemingly brushing aside human rights concerns about the mass drug war killings raised by the Obama administration, even the administration's protests are undercut somewhat by continued US financial assistance to the Philippines National Police units that are heavily involved.

While the US has suspended weapons sales over the issue, as BuzzFeed News reported, despite US statements of concern the State Department continues to send millions of dollars in aid to the Philippines National Police. The Obama administration requested $9 million in aid for anti-drug and law enforcement programs for this year. The State Department says the funds are no longer being used for anti-drug training, but funds continue to go to the police.

The State Department also said that police units found to be involved in extrajudicial killings would not get US assistance, but BuzzFeed News found that "officers at police stations receiving support from the US have played a central role in Duterte's bloody campaign. By comparing Philippine police data with internal State Department records, it is clear that many of the stations -- especially those in the capital city of Manila -- are collectively responsible for hundreds of deaths."

The continued State Department funding of police linked to the drug war killings itself subverts the Obama administration's rhetoric of concern about Duterte's bloody crusade. But if Trump's first chat with Duterte is any indication, even rhetorical concern about human rights in the Filipino drug war is about to go out the window.

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