Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

This Week's Corrupt Cops Stories

A Tennessee police chief gets caught misbehaving, so does a strung out Pennsylvania deputy, and a San Diego husband and wife cop team go down for dealing. Let's get to it:

In Graysville, Tennessee, the Graysville police chief was arrested last Monday on charges he was improperly disposing of seized vehicles and dipping into seized cash. Police Chief Jason Erik Redden is accused of either taking for himself or returning to the original owner three of the vehicles, and is also being held responsible for $4,128 in missing seized cash and fees paid to the department. He is charged with seven counts of misconduct in office, two counts of theft over $1,000, and one count of theft under $500.

In Washington, Pennsylvania, a Washington County sheriff's deputy was arrested last Wednesday after he sold the opiate maintenance drug suboxone to an undercover informant. Deputy Matthew Miller, 29, became former Deputy Miller the same day when the sheriff fired him after his arrest. Miller allegedly told the informant he was strung out on heroin and was selling the pills to get money.

In San Diego, a husband and wife pair of San Diego police officers were arrested last Thursday on multiple drug charges amid an investigation into corruption in the department. Officer Bryce Charpentier is charged with possessing and transporting drugs, possessing a loaded firearm while under the influence, and conspiracy. His wife, Officer Jennifer Charpentier is charged with possessing, transporting, and selling drugs, and conspiracy. They have both been put on administrative leave.

Chronicle AM -- June 10, 2014

New York City residents are still getting arrested for marijuana at the rate of 80 a day, New York state residents face another year without medical marijuana passing, Philly heads for decriminalization of a sort, the Justice Department supports retroactivity for recent sentencing reforms, the Sinaloa cartel has apparently lost another key leader, and more. Let's get to it:

NYC marijuana arrests just keep on coming. (www.nyc.gov)
Marijuana Policy

Colorado Lawsuit Claims Marijuana Taxes Violate Fifth Amendment. Denver attorney Robert Corry Jr. has filed a lawsuit on behalf of an unnamed marijuana retailer arguing that paying pot taxes violates a citizen's Fifth Amendment right against self-incrimination since marijuana remains illegal under federal law. The lawsuit seeks a permanent injunction to stop the state from collecting taxes and the return of all taxes collected. A similar lawsuit has been filed in Washington state by attorney Douglas Hiatt.

New York City Marijuana Arrests So Far This Year at Same Pace as Last Year. New Yorkers are still being arrested for small-time pot possession in high numbers under new Mayor Bill DeBlasio (D). According to the Marijuana Arrest Project, so far this year, NYPD is arresting an average of 80 people a day for pot possession, compared to 78 a day throughout 2013 under then-Mayor Michael Bloomberg (R). Another constant is that blacks and Latinos continue to make up the vast majority of marijuana possession busts. They accounted for 87% of pot arrests last year and 86% so far this year. Click on the title link for more details.

Philadelphia City Council Committee Approves Decriminalization Measure. A city council committee yesterday approved a bill that would make possession of up to 30 grams of marijuana a code violation punishable by a $25 fine -- but would still give police officers the discretion to arrest. But Mayor Michael Nutter opposes the bill. His Public Safety Director, Mike Resnick, said the opposition stems the discretional arrest provision, which he said could create unfair situations. A final vote is likely next week.

Medical Marijuana

North Carolina "March Against Fear" Aims to Generate Support for Medical Marijuana. North Carolinian Todd Stimson is leading a 259-mile "March Against Fear" from Asheville to Raleigh to help bring attention to a pending medical marijuana bill, House Bill 1161. The bill was filed last month and is now languishing in the House Judiciary Committee. Click on the title link to join up or get more info.

Key New York GOP Legislator Says He Will Not Allow Vote on Medical Marijuana. Senate Finance Committee Chairman John DeFrancisco (R) said today he would not allow a vote on the Compassionate Care Act, sponsored by Sen. Diane Savino (D). "The Savino bill will not come out of my committee, the Finance Committee," he said. "You don't have any kind of reasonable research on the effects. You have people coming in here every day trying to ban e-cigarettes and use of tobacco in other ways." He said he and other Senate Republicans may be open to legislation that would not allow marijuana to be smoked. The session ends next Thursday.

Clark County, Nevada, Commissioners Approve 18 Dispensary Licenses. There will soon be 18 medical marijuana dispensaries operating in unincorporated parts of Clark County, the home of Las Vegas. County commissioners approved the licenses yesterday. Nevada approved medical marijuana in 2000, but only approved dispensaries last year.

Drug Testing

Repeated School Drug Tests of Pennsylvania 10-Year-Old Provoke Scorching Editorial. The editorial board at the Pennsylvania news website PennLive has penned a strong editorial condemning the drug testing policy at the Susquenita Middle School, which has resulted in a 10-year-old girl be tested three times so far. The editorial notes that state law requires that school districts actually show there is problem and show that drug testing helps, but that Susquenita has failed to do either. "Repeatedly drug testing a trouble-free 10-year-old student like Natalie Cassell shows how ridiculous this kind of random snooping is. Innocent students are treated like criminals, while drug-using students can dodge the tests simply by deciding not to join after-school activities," PennLive noted. "At a time when school districts across the state are pleading for more state funding, surely Susquenita schools can find a better uses of money than an unproven, highly invasive program that randomly tests innocent 10-year olds.

Sentencing

Justice Department Supports Making Drug Sentence Cuts Retroactive. Attorney General Eric Holder announced Tuesday that the Justice Department is formally supporting a US Sentencing Commission proposal to allow some nonviolent drug offenders currently doing time in federal prisons to seek sentence reductions. The proposal would extend sentencing reforms already approved by the commission by making them retroactive.

Smarter Sentencing Act Gains Four More Sponsors. The Smarter Sentencing Act of 2013 picked up four more cosponsors Monday, three Democrats and one Republican. They are Del. Eleanor Holmes Norton (D-DC), Rep. Kathy Castor (D-FL), Rep. Tony Cardenas (D), and Rep. Paul Ryan (R-WI). The measure now has 37 cosponsors, 24 Democrats and 13 Republicans. It has been sitting in the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security and Investigations since January.

Prescription Opiates

Massachusetts Governor Unveils Plan to Fight Opiate Use. Gov. Deval Patrick (D) today released a $20 package of proposals to deal with "the opioid addiction epidemic" in his state. He is calling for a summit of regional governors, as well as streamlined access to treatment, better prevention measures, and "strengthening safe prescribing and dispensing practices" to "minimize diversion and misuse." That last bit is likely to raise concerns among people worried about adequate access to prescription opiates. But unlike some other state-level responses to rising levels of opiate use, Patrick's did not contain a law enforcement component. The link leads to the full press release.

International

Key Sinaloa Cartel Figure Reported Dead. Reports are emerging from Mexico that Juan Jose "El Azul" Esparragoza, a key figure in the Sinaloa cartel, has died of natural causes. After the capture of cartel head Joaquin "El Chapo" Guzman by Mexican authorities earlier this year, Esparragoza and Ismael "El Mayo" Zambada were viewed as the effective leaders of the cartel.

Spanish Authorities Close Down Barcelona Cannabis Club for Selling… Cannabis. A Barcelona cannabis club has been closed after police spotted a man approaching tourists and taking them to the club to score. Under Spanish law, one can grow marijuana for personal use, but not sell it. The cannabis clubs have sprung up as a way for consumers to pool their growing resources. Members pay an annual membership fee for a chance to share in the proceeds of the collectively cultivated cannabis, but they're not supposed to sell it.

AG Holder Supports Making Federal Drug Sentence Reductions Retroactive

Attorney General Eric Holder announced Tuesday that the Justice Department is formally supporting a US Sentencing Commission proposal to allow some nonviolent drug offenders currently doing time in federal prisons to seek sentence reductions. The proposal would extend sentencing reforms already approved by the commission by making them retroactive.

Attorney General Holder keeps pushing on sentencing reform (justice.gov)
Earlier this year, the Sentencing Commission approved sentencing reforms that adjust sentencing guidelines by lowering the base offense levels associated with various quantities of drugs. The change is expected to cut many federal drug sentences by an average of nearly two years. The commission will be voting on whether to make the cuts retroactive next month.

The Justice Department is supporting retroactivity, but only for prisoners "who lack significant criminal histories and whose offenses did not include aggravating factors, such as the possession of a dangerous weapon or the use of violence."

"Under the department's proposal, if your offense was nonviolent, did not involve a weapon, and you do not have a significant criminal history, then you would be eligible to apply for a reduced sentence in accordance with the new rules approved by the Commission in April," Holder said in a statement. "Not everyone in prison for a drug-related offense would be eligible. Nor would everyone who is eligible be guaranteed a reduced sentence. But this proposal strikes the best balance between protecting public safety and addressing the overcrowding of our prison system that has been exacerbated by unnecessarily long sentences."

Holder's stance was reiterated by Sally Yates, the US Attorney for the Northern District of Georgia, and Bureau of Prisons Director Charles Samuels during a formal hearing of the Commission.

"We believe that the federal drug sentencing structure in place before the amendment resulted in unnecessarily long sentences for some offenders that has resulted in significant prison overcrowding, and that imprisonment terms for those sentenced pursuant to the old guideline should be moderated to the extent possible consistent with other policy considerations," Yates said.

As of late April, there were 100,888 people serving federal time for drug offenses, according the federal Bureau of Prisons. They account for 49.9% of all federal prisoners.

Washington, DC
United States

Key Sinaloa Cartel Figure Reported Dead

Reports are emerging from Mexico that Juan Jose "El Azul" Esparragoza, a key figure in the Sinaloa cartel, has died of natural causes. After the capture of cartel head Joaquin "El Chapo" Guzman by Mexican authorities earlier this year, Esparragoza and Ismael "El Mayo" Zambada were viewed as the effective leaders of the cartel. Now, only Zambada remains.

The story was broken Sunday by the Culiacan, Sinaloa-based investigative weekly Rio Doce, which cited people close to the Esparragoza family, as well as anonymous police sources. On Monday, Radio Formula reported that the Mexican attorney general's office had opened an investigation into "rumors" of his death.

According to Rio Doce, Esparragoza had suffered spinal injuries in an auto accident about two weeks ago and was convalescing in a hospital in either Cuernavaca or Mexico City when he suffered a heart attack while attempting to get out of bed. He was 65. His body was reportedly cremated, with plans to return his ashes to his native Sinaloa.

[Editor's Note: We covered a 2008 conference in Culiacan organized by the folks at Rio Doce. You can read our report here.]

Along with Guzman and Zambada, Esparragoza was part of a generation of Sinaloa narcos who came to dominate the trade across Mexico, including running cartels in Tijuana, Ciudad Juarez, and Guadalajara. Now, Zambada is about the only one left. The rest are dead or behind bars.

Esparragoza was known as a shrewd negotiator, one who could make peace among warring drug trafficking groups. Much of that reputation was based on his years working for the Juarez cartel in the 1990s, the era of famed narco Amado Carillo Fuentes, known as "the Lord of the skies" for his fleet of planes ferrying cocaine from Colombia.

He was also reportedly an efficient corrupter, as good at greasing palms as he was at cooling down hot heads. And he preferred a low profile. While not as well known as some of his more infamous counterparts, Esparragoza was a key player and a deal-maker. This could portend more strife within the Sinaloa cartel.

Mexico

Chronicle AM -- June 9, 2014

In California, all eyes now turn toward 2016 for marijuana legalization, Washington state's first retail marijuana store will open soon, Mexico's president is willing to debate marijuana legalization, British activists are planting the seeds of change, and more. Let's get to it:

Marijuana Policy

Last California 2014 Legalization Initiative is Dead. The last remaining campaign to put a marijuana legalization initiative on the 2014 ballot is dead. The secretary of state's office announced last Friday that the Marijuana Control, Legalization and Revenue Act of 2014, sponsored by San Jose interests had failed to gather enough signatures by its cutoff date. That means all eyes turn to 2016. See the next item.

California Coalition for Cannabis Policy Reform Launches Grassroots Campaign for Marijuana Legalization. The Coalition for Cannabis Policy Reform (CCPR) announced today it was launching a grassroots campaign to legalize marijuana in the Golden State. CCPR already has the backing of most national drug reform organizations, as well as the ACLU, the California NAACP, and the United Food and Commercial Workers (UFCW). A new Reform CA web site and Facebook page are now up, and CCPR says they have 120,000 people on their list so far.

Texas GOP Spurns Marijuana Reform. Meeting at its state convention in Fort Worth over the weekend, the Texas Republican Party quickly rejected adding support for medical marijuana to its platform and even more quickly rejected a legalization plank.

Colorado Governor Signs Marijuana Banking Bill. Gov. John Hickenlooper (D) last Friday signed into law legislation designed to allow marijuana businesses to use a series of cooperatives a means of accessing basic banking services. The move is aimed at allowing those businesses to move away from cash-only operations, but still needs approval from the Federal Reserve.

Washington State's First Marijuana Retail Store Will Open July 1. The first legal non-medical marijuana retail shop will open in Spokane on July 1. Kouchlock Productions says it will be open, but will set quantity limits until more supply is available. Koucklock is also a licensed producer, but has only been growing its first crop for two months. More retail outlets should open in coming weeks; the state says 334 will be allowed.

Drug Policy

DPA, MAPS Release Report on DEA Obstructionism and Rejection of Science. The Drug Policy Alliance and the Multidisciplinary Association for Psychedelic Studies today released a new report highlighting DEA obstructionism and the rejection of science, primarily around medical marijuana, but also including examinations of how the DEA can move with lightning speed when it comes to prohibiting drugs, as opposed to its lethargy regarding a series of medical marijuana rescheduling petitions. The report calls for responsibility for drug scheduling to be removed from the DEA and for an end to the government's monopoly on research-grade marijuana. DPA and MAPS will also hold a teleconference Wednesday with Reps. Dana Rohrabacher (R-CA) and Steven Cohen (D-TN) and Dr. Carl Hart.

Law Enforcement

$10 Million Federal Grant for Vermont Anti-Heroin Drug Task Forces Wins Senate Committee Vote. A proposal from Sen. Patrick Leahy (D-VT) to fund a $10 million competitive grant for state law enforcement drug task forces was approved by the Senate Appropriations Committee last Thursday. The grant is an innovative way for Vermont to get around restrictions in the Edward Byrne Justice Assistance Grants program, which are based on formulas that assess size and need. Instead, this competitive grant would prioritize locales that have high per capita treatment admissions for opiates. But it is still a 100% law enforcement approach.

International

Mexico's President Says Marijuana Legalization Should Be Debated. Mexican President Enrique Pena Nieto said Sunday that while he doesn't personally support marijuana legalization, he favors debating the issue, and that Mexico could follow the lead of US states that have legalized it. Marijuana prohibition is "a failed policy," he said. "It needs to be reviewed. I repeat, I'm not in favor of legalization, this is a personal conviction. But we can't continue on this road of inconsistency between the legalization we've had in some places, particularly in the most important consumer market, the United States, and in Mexico where we continue to criminalize production of marijuana," he added.

Guatemala President Calls Costa Rica President "Strategic Partner" in Drug Reform Debate. Guatemalan President Otto Perez Molina said last Friday that Costa Rican President Luis Guillermo Solis is "a strategic partner" in the search for alternatives to the militarized prohibitionist drug policies currently in effect. "We feel that Costa Rica is a partner that brings an important vision in this battle to change the drug policy that is today based on prohibition," Perez Molina said. Solis does not support drug legalization, but he has expressed interest in further decriminalizing drug use in Costa Rica.

British Activists Planting Marijuana Seeds at Well-Known Landmarks. Marijuana seeds aren't illegal in Britain, and the Feed the Birds campaign sponsored by the London Cannabis Club is taking advantage of that to plant them at well-known landmarks around the country, including London's Tower Bridge and Big Ben. The project is aimed at decriminalizing marijuana and supporting medical marijuana users, and the seeds they are planting are from a strain with good medicinal properties, organizers said. "We've been doing this for years under a media blackout and we've grown everywhere you can imagine," said founder Finn Hemingway. "This isn't original, it's a return to the days before prohibition and we don't take much notice of whether it's legal or not. By helping medical users, we can get them away from low quality cannabis and dealers and make them self-sufficient." Police said it would be difficult to prosecute the seed-planters.

Utah SWAT Team Kills Drug Fugitive in Standoff

A man wanted on drug and other arrest warrants who barricaded himself inside a West Haven auto body shop was shot and killed Wednesday afternoon when he allegedly pointed a weapon at SWAT officers after a standoff lasting several hours. Kristopher Chase Simmons, 35, becomes the 21st person to die in US domestic drug law enforcement operations so far this year.

According to the Salt Lake Tribune, citing police sources, Ogden police detectives attempting to arrest Simmons on "several drug-related and evading police felony warrants" located him at the auto body shop, but he and a woman with him fled into the shop, and he barricaded himself in a car.

What later happened to the woman is unclear (see below).

SWAT officers were called to the scene and hours of negotiations ensued, but when negotiations proved fruitless, SWAT officers entered the building.

"Simmons pointed a gun at the officers and two of them returned fire, wounding Simmons," Sgt. Lane Findlay of the Weber County Sheriff's Office wrote in a press statement Wednesday night.

But one commenter on a Standard-Examiner story about the incident and Simmons' criminal history had a decidedly different take on what went down:

"My friend is the 'mystery girl' the cops speak of that they could not locate or didn't know if she was real. She was real and she was inside hiding during the stand off and saw everything," wrote the commenter, who identified herself as Mona Little. "SIMMONS DID NOT HAVE A GUN. SIMMONS HAD BARRICADED HIMSELF INSIDE A CAR IN THE SHOP AND HAD A BLANKET OVER HIM. THE COPS SHOT HIM POINT BLANK IN THE CHEST AS HE WAS BEGGING THEM NOT TO! AFTER HE WAS MURDERED THE POLICE SET UP THE STAGE WITH 11 REHEARSALS, REFUSING TO LET THE CSI IN UNTILL THEY PRACTICED WHAT THEY WERE GOING TO CLAIM HAPPENED AND GOT ALL THEIR DUCKS IN A ROW, EVEN RE-ARRANGING THE CRIME SCENE TO WORK IN THEIR FAVOR!!! THIS IS MURDER BUT WHO WILL POLICE THE POLICE? THIS IS THE TRUTH."

Sgt. Findlay told the Standard-Examiner yesterday that a detective had indeed seen a woman, who police believed was an associate of Simmons, make her way into the building while others were being evacuated, but that there had been no sign of her since.

"It's not certain where she went," he said. "She could possibly have slipped out."

Police don't know who she is and she could be difficult to identify, he said. "I know there are detectives working on it."

West Haven , UT
United States

Chronicle AM -- June 6, 2014

Another marijuana-heavy news day today -- at least it's coming from all corners of the country. The DEA is giving ultimatums to doctors in Massachusetts, the California GOP attorney general candidate wants to legalize it, and, Down Under, the Melbourne city council has a report calling for a debate on drug legalization. Let's get to it:

Another image from the Drug Policy Alliance's series of photos normalizing marijuana use. (Sonya Yruel/DPA)
Marijuana Policy

Montana Marijuana Advocates Regroup, Call for Discussion of Legalization. Montana marijuana advocates, who have seen their once wide-open medical marijuana system dramatically scaled back, are ready to go on the offensive again. A new group has formed to further the cause. The Montana Project for Innovative Policy is eyeing a legalization initiative for 2016.

Louisiana Marijuana Supporters to Rally at State Capitol Saturday. After a legislative session in which marijuana reform bills went nowhere, reform advocates will rally at the state capitol in Baton Rouge Saturday. The event is organized by Legalize Louisiana, which apparently still exists despite having officially dissolved in March. Click on the Legalize Louisiana link for event details.

Lewiston, Maine, Legalization Initiative Signature-Gathering to Begin Monday. Marijuana legalization supporters in Maine's second largest city will launch the signature-gathering campaign for their municipal legalization initiative Monday. The measure would legalize the possession of up to 2 ½ ounces. A similar measure passed in Portland last year, and South Portland voters will also vote on one this year.

California GOP Attorney General Candidate Says Legalize It. Ron Gold, the presumptive Republican challenger to Democratic Attorney General Kamala Harris, wants to legalize and tax marijuana, he told the Sacramento Bee. "I just think that police resources are so few, and we have so much to do, that going after someone who is having a joint in West Hollywood is about as useful as having another Carter's Little Liver Pill," Gold said. "An adult is an adult," he added. "If you use those things - and you're stupid - we can't bar stupidity." Harris, who is an odds-on favorite to win, hasn't endorsed legalization. "Basically, I am to the left of Harris on an issue that's always been very popular and critical in California," Gold said. "I view it as a matter of principle."

Medical Marijuana

DEA Giving Massachusetts Doctors Ultimatum: Quit Dispensaries or Lose Your License. The Boston Globe reported today that DEA agents have been visiting Massachusetts doctors involved with medical marijuana dispensaries and telling them the DEA will jerk the licenses to prescribe drugs if they don't cut ties with the dispensaries. And it's working. At least two doctors have severed ties, while one gave up his DEA license, saying as a semi-retired surgeon, he didn't need it to do his job. The Globe reports this will likely slow the opening of some long-awaited dispensaries.

Arizona Judge Orders State to Allow Medical Marijuana for PTSD. A state court judge has ruled that "a preponderance of evidence shows medical marijuana provides palliative benefit to those suffering from PTSD" and given the state Health Department until July 9 to accept his decision or appeal it. The department has denied all previous petitions seeking to add PTSD to the list of qualifying conditions.

DC Council to Hold Hearing Next Week on Expanding Qualifying Conditions List, Easing Cultivation Restrictions. The DC council will hear two bills related to medical marijuana next Tuesday. Bill 20-766, cosponsored by every member of the council, would repeal the qualifying conditions list and allow physicians to recommend marijuana to any patient they think marijuana would benefit. Bill 20-678, will increase the number of plants a cultivation center could possess from 95 to 500, better ensuring that patient need is met. Click on the title link for hearing details.

International

Melbourne, Australia, City Council Releases Report Recommending Debate on Legalizing Drugs. The city council in Melbourne, Australia's second largest city, Thursday released a report calling for a debate on the "challenges and opportunities" of legalizing and regulating currently illicit substances. But some council members are now distancing themselves from that aspect of the report, which deals more broadly with how to reduce crime and violence in the city.

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

Chronicle AM -- June 5, 2014

An Arkansas marijuana legalization initiative can start signature-gathering, DC's medical marijuana program now includes more eligible conditions, Tennessee's governor unveils his prescription drug plan, Canada's mandatory minimum sentencing law is being challenged, and more. Let's get to it:

DNC Chair Rep. Debbie Wasserman Schultz gets scolded by the medical marijuana movement.
Marijuana Policy

Arkansas Legalization Initiative Approved for Signature-Gathering. State Attorney General Dustin McDaniel yesterday approved the popular name and ballot title for a constitutional amendment initiative that would legalize marijuana. Supporters of the Arkansas Hemp and Cannabis Amendment now have just over one month -- until July 7 -- to submit more than 78,000 valid voter signatures in order to qualify for the November ballot. A medical marijuana initiative sponsored by Arkansans for Compassionate Care is already in the signature-gathering phase.

Medical Marijuana

Group Targets DNC Chair Debbie Wasserman Schultz for Not Voting to End DEA Interference in Medical Marijuana States. The medical marijuana advocacy group Americans for Safe Access is now running TV ads criticizing Rep. Debbie Wasserman Schultz (D-FL), chairwoman of the Democratic National Committee as "out of touch" for voting against a measure to bar the DEA from interfering in medical marijuana states. Wasserman Schultz was one of only 18 Democrats who voted against it while 170 Democrats voted for it. The ads are running on MSNBC in South Florida, where her district is.

DC Medical Marijuana Program Adds New Qualifying Conditions. The DC Department of Health has approved new conditions for which patients will be able to use marijuana. They are seizure disorders, Lou Gehrig's Disease, decompensated cirrhosis, cachexia or wasting syndrome, and Alzheimer's. Hospice patients will also be allowed to use marijuana. Previously, the DC program had been restricted to people suffering from HIV/AIDS, cancer, glaucoma, and muscle spasticity.

Heroin

Ohio Democratic Candidates Call for Tougher Action Against Heroin. Democratic gubernatorial candidate Ed FitzGerald and Democratic attorney general candidate David Pepper are calling for tougher action against heroin. FitzGerald said he wants tougher enforcement on dealers and that rising heroin use should be treated as a public health emergency. And Pepper called for heroin overdose deaths to be treated like murder. FitzGerald added that not enough dealers are going to prison, especially after a sentencing reform bill passed. The Ohio Republican Party responded calling the Democrats "tone deaf" and "ghoulish," saying that Gov. John Kasich (R) has been a strong advocate on the issue, and besides, Attorney General Mike DeWine's (R) office had just indicted two heroin dealers last week.

Prescription Drugs

Tennessee Governor Rolls Out Prescription Drug Plan. Gov. Bill Haslam (R) Tuesday unveiled his seven-point program to battle problems associated with prescription drug use. "Prescription for Success: Statewide Strategies to Prevent and Treat the Prescription Drug Abuse Epidemic in Tennessee" calls for reducing the prescribing of prescription opiates, reducing overdose deaths (including through enactment of a 911 Good Samaritan law), increasing prevention, early intervention, and treatment, and increased cooperation among state agencies and between the state and other entities. While it has a law enforcement component, that doesn't seem to be emphasized. [Ed: There are some good provisions in this document, but reducing the prescribing of pain medications needs to be handled with great care. Although more people are getting opiates now, not all of the people who need them are, and it could easily get even worse for pain patients.]

Drug Testing

California Initiative to Drug Test Doctors Qualifies for Ballot. An initiative that requires random, suspicionless drug and alcohol testing of doctors has qualified for the November 2014 ballot, according to the Secretary of State's office. It also requires doctors to report any other doctor they suspect of being impaired by drugs or alcohol. It also increases the cap on pain and suffering damages in medical malpractice lawsuits, which may the initiative's main goal. Legislative analysts estimate it could cost the state "at least in the low tens of millions of dollars annually" in higher malpractice costs and up to "hundreds of millions of dollars annually" because of changes in the amount and type of health care services provided.

Law Enforcement

In Massive Heroin Sweep, New Jersey Police Arrest Seven Users for Every Dealer. New Jersey cops arrested 325 people during an eight-week heroin sting, but only 40 of them are accused of selling heroin. The rest are alleged heroin users. Authorities said all were arrested on relatively low-level charges and all would have a chance to go through treatment programs, but the head of the state's drug court program said she wasn't sure the system could accommodate all of them.

International

New Zealand Workers Win Drug Testing Case. Workers at a mill who were subjected to mandatory drug tests after two marijuana plants were found growing on the site were treated unfairly and must be compensated, the Employment Relations Authority has ruled. The mill owner had argued that the discovery of pot plants was "reasonable cause" to drug test everybody, but the authority disagreed. "This is a victory for our members, and a victory for common decency and respect," says Ron Angel, a union organizer for timber workers. "Drug testing has to be about proving actual impairment at work - not treating workers as guilty until proven innocent."

Canada Battle over Mandatory Minimum Sentences Heads to BC Appeals Court. A case that could eventually overturn the Conservative government's mandatory minimum sentence scheme for drug offenses is being heard in the BC Court of Appeals today. Earlier this year, a BC provincial court judge ruled unconstitutional an automatic one-year prison term for a person repeatedly convicted of drugs. Lawyers for the government appealed; thus today's hearing. The case is that of Vancouver Downtown Eastside resident Joseph Lloyd, a long-time drug user with 21 previous convictions who was convicted last fall of trafficking small amounts of heroin, cocaine, and meth. The provincial court judge held that mandatory minimum sentences amounted to cruel and unusual punishment.

Bolivian Village to Bake Coca Birthday Cake for UN Head Ban Ki-Moon. UN Secretary General Ban Ki-Moon will be in Bolivia when his birthday rolls around on June 15, and the mayor of Cobija, Ana Lucia Reis, says they are going to bake him a coca birthday cake. "The idea is that Ban tries the coca and realizes that coca is part of our culture and is not cocaine," she said.

Smuggler Shooting Immediately Tests Border Patrol's New Force Policy

Last Friday, Customs and Border Patrol (CBP) Commissioner Gil Kerlikowske announced new policies designed to reduce the use of deadly force by Border Patrol agents. Hours later, a Border Patrol agent shot and killed marijuana smuggler Luis Arambula, 31, as he fled on foot through an Arizona golf course. Arambula becomes the 20th person to die in US domestic drug law enforcement operations so far this year.

The killing is bound to put CBP's new use of deadly force policies to the test. According to the CBP's new handbook, the use of deadly force is authorized only when there is imminent danger of death or serious injury to the agent or someone else. Deadly force is not to be used "solely to prevent the escape of a fleeing subject," but can only be justified when the person "has inflicted or threatened to inflict serious physical injury or death" and the person's escape poses an imminent threat of serious injury or death to the agent or others.

But that doesn't appear to be the case with Luis Arambula. Border Patrol Agent Daniel Marquez shot him nine times as he ran through a golf course after his vehicle got stuck as he fled from agents. Agents had tried to pull him over on Interstate 19, but he didn't stop, instead getting off the highway, onto an access road and then a surface street into the golf course.

Two agents chased him on foot for a quarter mile, then Marquez opened fire. Agents claimed that Arambula made "punching out" motions with his arms, as if he were aiming a gun at that in a two-handed stance, but Pima County sheriff's deputies investigating the incident said Arambula was unarmed.

The Pima County Sheriff's Office is investigating the killing. We shall see how CBP handles this first challenge to its new deadly force policy.

Medical Marijuana Update

In an historic vote, the House tells the DEA and Justice Department to butt out of medical marijuana states, limited CBD medical marijuana bills are signed into law in Iowa and South Carolina, Minnesota becomes the 22nd medical marijuana state, one bill to regulate medical marijuana in California is still alive, and more. Let's get to it:

National

Last Thursday, the US House voted to bar the DEA and Justice Department from interfering with medical marijuana in states where it is legal. The House voted 219-189 to approve an amendment to 2015 Commerce, Justice, and Science appropriations bill to cut off funds for the Justice Department and its agencies, including the DEA, to interfere in state-sanctioned medical marijuana programs. If the Senate doesn't come up with similar language, the provision will have to be fought for in conference committee.

California

Last Wednesday, the state Senate approved a medical marijuana regulation bill. The state Senate approved Senate Bill 1262, sponsored by Sen. Lou Correa (D-Anaheim). It is supported by cities and law enforcement, and would impose tighter controls on dispensaries, cultivation, and recommending.

Last Thursday, the state Assembly defeated a medical marijuana regulation bill. Assembly Bill 1894, sponsored by Assemblyman Tom Ammiano (D-San Francisco) was defeated in the Assembly in a vote that appeared to be as much about political animosities as about regulating medical marijuana. That means that if California is going to regulate medical marijuana this year, Senate Bill 1262 is the only remaining vehicle.

On Tuesday, the San Jose city council again deadlocked on its proposed dispensary and cultivation regulation ordinance. That means the ordinance remains alive. One of the issues dividing the council is whether dispensaries should be forced to grow their own marijuana in San Jose. Another is how restrictive to make zoning. Patients, activists, and dispensaries organized as Safer San Jose are waiting on the sidelines with a plan of their own if they don't like what the council ends up doing. They already have 38,000 signatures ready to turn in to put an initiative on the November ballot.

Also on Tuesday, Tulare County supervisors ordered staff to draft an ordinance banning marijuana cultivation anywhere in unincorporated parts of the county. The board had considered allowing patients and caregivers -- but not collectives and dispensaries -- to grow their own, but in the end, chose to go for the total ban.

Also on Tuesday, Lake County voters approved Measure N, which means the county's ordinance banning grows on parcels of less than one acre will go into effect in 30 day. The ordinance was passed last December. The measure passed with 53% of the vote in a low turnout election.

Illinois

Last Friday, the state Senate approved medical marijuana for minors and people with epilepsy. The legislation is Senate Bill 2636. It has already passed the House and now goes to the desk of Gov. Pat Flynn (D).

Iowa

Last Friday, Governor Terry Branstad (R) signed a limited CBD medical marijuana bill. The legislation is Senate File 2360, which will allow people suffering seizure disorders to use high-CBD cannabis oil with a neurologist's recommendation.

Minnesota

Last Wednesday, Governor Mark Dayton (DFL) signed a medical marijuana bill. The bill allows for eight distribution centers across the state to by supplied by two medical marijuana manufacturers. The bill does not allow for the smoking of medical marijuana; but it can be vaped or eaten. Some medical marijuana groups are calling the law "overly restrictive."

New York

On Tuesday, Governor Andrew Cuomo (D) signed a deal for CBD trials. He announced that his administration has signed a deal with GW Pharmaceuticals to do a trial of its high-CBD, no-THC seizure drug Epidiolex. But medical marijuana advocates said the plan is too limited and will take too long, and Cuomo should be backing the Compassionate Use Act, a full-blown medical marijuana bill, instead of trying to blunt efforts to pass it by enacting half-measures.

Also on Tuesday, two key legislators met to seek a compromise on medical marijuana. Sen. Diane Savino (D-Staten Island) and Assemblyman Richard Gottfried (D-Manhattan) met yesterday in an effort to find a compromise between their two bills that could lead to passage of a bill before the session ends in two weeks. The Assembly has already approved Gottfried's bill, but the Senate has yet to act on Savino's. Being able to actually smoke marijuana may be an item for discussion.

South Carolina

On Tuesday, Governor Nikki Haley (R) signed a limited CBD medical marijuana bill into law. The measure, Senate Bill 1035 will allow for the use of high-CBD cannabis oil to treat seizures in children with epilepsy. The new law calls for a clinical trial at the Medical University of South Carolina, as well as a committee to study the feasibility of growing new strains in the state.

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

This Week's Corrupt Cops Stories

Posted in:

More cops with prescription pill problems, more jail guards tempting fate. Just another week in drug war police corruption. Let's get to it:

In Bennington, Vermont, a former Bennington County sheriff's deputy was arrested last Wednesday on charges he was selling prescription drugs through a woman with whom he was having an affair. He is charged with three felony counts of narcotic sale, seven misdemeanor counts of narcotic possession, felony counts of extortion, forgery, and a misdemeanor count of neglect of duty by a public officer. He has been fired from his job as a deputy and is now out on bail, but under house arrest.

In Sunset, Louisiana, a Sunset police reserve office was arrested last Wednesday on charges he stole prescription drugs from the department. Reserve Officer Ronald Anthony Duplechain Jr., 39, went down after someone told the police chief evidence was missing and the department's video surveillance system then showed Duplechain entering the department and walking out with an evidence bag that contained pills seized in a traffic stop earlier that day. Duplechain later put the bag back, minus the pills. He is charged with malfeasance in office.

In Grapeland, Texas, a former Grapeland police officer was arrested last Friday on charges he resorted to fraud to obtain prescription drugs. Monty Allen Clark, 37, went down after a local doctor contacted the Department of Public Safety to report that someone had fraudulently obtained drugs through a prescription. Clark was that someone, and he is now charged with second-degree obtaining controlled substances with a fraudulent prescription. Clark tried to fill a prescription for Adderall and forged the doctor's name on the prescription.

In St. Martinville, Louisiana, a St. Martin Parish jail guard was arrested Monday on charges he was smuggling marijuana and other contraband into the St. Martin Parish Correctional Center. Marshall Babineaux, 22, faces one count of malfeasance in office, one count of possession with intent to distribute marijuana and two counts of introduction of contraband in a penal institution. At last report, he was jailed at his place of employment.

In San Jose, California, a San Jose police officer was arrested Tuesday after the owner of a storage unit complained of a marijuana odor, police found a large amount of pot inside, and the police officer was identified as the renter of the storage unit. Officer Son Vu, 42, a 20-year veteran of the department, is now charged with felony counts of possession of marijuana with intent to distribute. He was in jail Tuesday evening and has been placed on administrative leave.

In New York City, a Rikers Island jail guard was convicted last Wednesday of smuggling marijuana and other contraband into the jail. Khalif Phillips, 31, was found guilty after a one-week trial. He's set to be sentenced on September 25.

Chronicle AM -- June 4, 2014

Legendary chemist Alexander Shulgin has died, the fight for medical marijuana in New York continues, Chicago sues Big Pharma over prescription opiates, Britain's black police association wants a look at legalization in the US, pot politics continues to get big play in Bermuda, and more. Let's get to it:

Britain's National Black Police Association wants the government to study marijuana reform in the US. (nbpa.co.uk)
Medical Marijuana

Compromise Could Be Coming on New York Medical Marijuana Bill. Two key players in the New York legislature, Sen. Diane Savino (D-Staten Island) and Assemblyman Richard Gottfried (D-Manhattan) met yesterday in an effort to find a compromise between their two bills that could lead to passage of a bill before the session ends in two weeks. The Assembly has already approved Gottfried's bill, but the Senate has yet to act on Savino's. Being able to actually smoke marijuana may be an item for discussion.

Ecstasy

Legendary Chemist Alexander Shulgin, "Godfather of Ecstasy" Dead at 88. Alexander Shulgin, the Berkeley-based research chemist who turned the psychotherapeutic community on to MDMA (Ecstasy) died Monday at his Northern California home. In addition to his work with MDMA, Shulgin also created more than 200 other psychedelic compounds. His life's work is distilled in two books PIKHAL (Phenethylamines I Have Known and Loved): A Chemical Love Story and TIKHAL (Triptamines I Have Known and Loved): The Continuation. The DEA considers those books handbooks for illicit psychoactive chemistry.

Prescription Drugs

Chicago Sues Pharmaceutical Companies; Claims They Contributed to Prescription Drug Surge. The city of Chicago has filed a lawsuit against five drug companies -- Purdue Pharma, Cephalon, Janssen Pharmaceuticals, Endo Health Solutions and Actavis -- charging they deceived the public about the risks and benefits of highly potent and effective opiate pain relievers. "For years, Big Pharma has deceived the public about the true risks and benefits of highly potent and highly addictive painkillers in order to expand their customer base and increase their bottom line, Mayor Rahm Emanuel said in a statement. The lawsuit claims the companies violated city laws against consumer fraud and misleading advertising. The city is seeking cash damages in an unspecified amount, but said it is not seeking to ban the medications.

Sentencing

US Sentencing Commission to Hold Public Hearing Next Week on Retroactivity for New Drug Quantity Sentencing Tables. On Tuesday, June 10, the US Sentencing Commission will hold a public hearing to gather testimony from invited witnesses on the issue of whether the amendment to the drug quantity table sent to Congress in April should be applied retroactively. The Commission will not be voting on the issue of retroactivity at this hearing, and that issue is open for public comment until July 7. A tentative hearing agenda is available here​.

More Than a Thousand Religious Leaders Call for Federal Drug Sentencing Reform. Some 1,100 religious leaders representing 40 different faith groups have signed onto a letter to Congress supporting passage of the Smarter Sentencing Act (S1410/HR 3382), which would reduce mandatory minimum sentences for federal drug offenses. The sign-on was sponsored by the Faith in Action Criminal Justice Reform Working Group.

Law Enforcement

Sarasota, Florida, Cops' Reverse Sting on Nickel Bag Marijuana Buyers Raises Eyebrows, Civil Liberties Concerns. Police in Sarasota, Florida, went undercover to sell nickel bags of weed to unsuspecting customers in a city park and then charged them with "purchase of marijuana," a felony punishable by up to five years in state prison. The operation has critics calling foul and questioning whether the operation was a good use of police sources, whether it violated the civil rights of some defendants (including a mentally ill man), and why it targeted users instead of dealers.

International

British Black Police Group Call for Government to Examine US States' Marijuana Legalization. Britain's National Black Police Association wants the British government to examine marijuana legalization in US states, with an eye toward moving in the same direction in the UK. "We've had our current approach to drug laws for 20 years. If we can learn anything from the US I think we should to see whether we can get some better outcomes," said Nick Glynn, vice-president of the group. "There about a million stop and searches carried out in England and Wales every year. Around half of those are focused on street possession of cannabis so there's a lot of time spent dealing with that very low level offense. In the US they've done it in separate areas instead of across the whole country so maybe that's something we can replicate here."

Georgia Prime Minister Denies Rumors He Plans to Legalize Marijuana, But.... Georgian Prime Minister Irakly Garibashvili today denied rumors he plans to free the weed, but he did say that punishments for "soft drugs" may be reevaluated. Under current Georgian law, possession of marijuana can get you seven to 14 years in prison, although the state seems more interested in revenues from fines than in actually imprisoning people.

Bermuda Opposition Leader Stands By His Backing of Medical Marijuana; He Gave It to His Asthmatic Daughter. Opposition leader Marc Bean said Tuesday that he "absolutely" stands by his remarks last week supporting marijuana as a medicine and that he used it to treat his young daughter for asthma. He originally spoke out last week as the House of Assembly debated the findings of the Cannabis Reform Collective, which is calling for medical marijuana, decriminalization, and eventual legalization He also said he had smoked the stuff himself. "I was a Rastaman, full fledged -- I lit the chalice," Bean said.

Bermuda Parliamentary Select Committee Recommends Drug Testing for Legislators. A parliamentary joint select committee has issued a report recommending random, suspicionless drug testing of legislators because they are "guardians of public morality" and any drug use by them "calls into question their ability to uphold the principles of public morality and the rule of law and to lead by example. They might want to speak to Marc Bean first.

USDA Blocks Georgia Food Stamp Drug Testing Law

The US Department of Agriculture (USDA) has told the state of Georgia that its new law requiring some food stamp recipients to undergo drug testing violates federal policy. The state cannot implement the law, federal officials said Tuesday.

The Georgia law, passed in March and signed into law by Gov. Nathan Deal (R), would require food stamp recipients to undergo drug testing if state workers have "a reasonable suspicion" that they are using drugs. The "reasonable suspicion" language, common in a new generation of proposed bills aimed at drug testing public benefits recipients, is designed to get around federal prohibitions against random, suspicionless drug testing, which the federal courts interpret as violating the unwarranted search provisions of the Fourth Amendment.

But while Georgia was able to get around the Fourth Amendment concerns, the new law still runs afoul of USDA policy. That policy "prohibits states from mandating drug testing of (food stamp) applicants and recipients," wrote Robin Bailey, regional administrator of the USDA Food and Nutrition Service, in a letter to Georgia officials.

While a number of states have passed "reasonable suspicion" (or the equivalent) public benefits drug testing laws, Georgia is the only one to have passed a law that includes food stamp recipients. Perhaps USDA's stance will discourage other states from enacting similar measures.

Atlanta, GA
United States

Chronicle AM -- June 3, 2014

That Georgia drug raid last week that left a toddler seriously burned and in a medically-induced coma continues to spark outrage, the DC pot possession and cultivation legalization initiative is halfway there, New York's governor signs a deal for CBD medical marijuana trials that critics say isn't nearly enough, a former Brooklyn DA is in hot water over misusing seized drug money, and more. Let's get to it:

Baby "Bou Bou" is in a medically induced coma after a SWAT team threw a flash-bang grenade into his crib during a drug raid.
Marijuana Policy

DC Initiative Halfway There on Signature Count. The Washington, DC, initiative to legalize the possession and cultivation of small amounts of marijuana has collected some 30,000 signatures, of which it says some 12,500 are actually valid. It has until July 7 to come up with the 22,500 valid signatures needed to make the November ballot. Signature-gathering is in full swing; campaign head Adam Eidinger said he expected another 10,000 raw signatures by early next week.

Rhode Island Legalization Bill Gets Hearing Today. The state Senate Judiciary Committee was set to hold a hearing today on Senate Bill 2379, the Marijuana Regulation, Control and Tax Act. It would allow adults to possess up to one ounce and grow one plant, and create a regulated and taxed system of marijuana commerce.

Medical Marijuana

New York Governor Signs Deal for CBD Trials; Medical Marijuana Say That's Not Good Enough. Gov. Andrew Cuomo (D) announced today that his administration has signed a deal with GW Pharmaceuticals to do a trial of its high-CBD, no-THC seizure drug Epidiolex. But medical marijuana advocates said the plan is too limited and will take too long, and Cuomo should be backing the Compassionate Use Act, a full-blown medical marijuana bill, instead of trying to blunt efforts to pass it by enacting half-measures.

South Carolina Governor Signs Limited CBD Medical Marijuana Bill Into Law. South Carolina Gov. Nikki Haley (R) yesterday signed into law Senate Bill 1035, which will allow for the use of high-CBD cannabis oil to treat seizures in children with epilepsy. The new law calls for a clinical trial at the Medical University of South Carolina, as well as a committee to study the feasibility of growing new strains in the state.

Asset Forfeiture

Ex-Brooklyn DA Accused of Using Seized Funds to Finance Reelection Campaign. Former Brooklyn District Attorney Charles Hynes may have used drug money seized from dealers to pay a campaign political consultant more than $200,000, according to a report from New York City's Department of Investigations. The money didn't help; Hynes was defeated in his bid for reelection. Now, he could face larceny charges.

Law Enforcement

Georgia Governor Wants to See Results of Investigation into SWAT Drug Raid That Left Toddler Badly Burned. Gov. Nathan Deal (R) said Monday he was awaiting the results of an investigation into a drug raid last week in which a SWAT team threw a flash-bang grenade into a residence. That grenade landed in a crib when a 19-month-toddler, Bounkham "Bou Bou" Phonesavanh, was sleeping, burning his face and chest and leaving him in a medically-induced coma at a local hospital. No drugs were found in the raid, no guns were found in the raid, and the person sought by police wasn't there. "Any time you have bad facts like this one, it does give you cause for concern," Deal said. "It's one of those things that require a thorough investigation… to know what if anything we can learn from it." Deal's comments came as public outrage over the incident is growing. Attorneys for the Phonesvanh family are calling for state and federal investigations into the raid.

In Winona County, Minnesota, the Drug War Dominates the Court Docket. Here are the latest results from the Winona County Circuit Court in Winona, Minnesota: Drug charges accounted for 50% of the 10 cases charged this week. There were two people charged with meth possession, one with meth possession and trafficking marijuana, one with trafficking amphetamines, and one for "felony second-count marijuana possession." The other charges were one DUI, one child sex assault, one domestic battery, one carrying a concealed weapon (and drug paraphernalia), and one burglary. Winona County butts up against the Mississippi River in southeastern Minnesota.

International

Southeast Asia's Tough Anti-Drug Policies Actually Exacerbating Opium Production, Report Says. A new report from the Transnational Institute, Bouncing Back -- Relapse in the Golden Triangle, finds that tough anti-opium cultivation policies by governments in Southeast Asia, especially Myanmar, have had a balloon effect, pushing production into areas outside the control of central governments. Instead of aiming to be drug-free by 2015, which is the current goal of the ASEAN nations, regional governments should rethink their policies and find "least harmful ways" to manage the issue.

Georgia's Drug Policies Remain Regressive, Repressive. A lengthy article from Eurasianet.org examines drug policies in the former Soviet republic of Georgia and finds them largely stuck in the dark ages. A few grams of marijuana can still earn someone years in prison, while treatment and prevention don't get much emphasis. Suspected drug users can be forced to submit urine samples for drug testing, then arrested and jailed or fined if they test positive. The fines are a lucrative income stream for the Georgian government. Click on the link to read the whole thing.

Chronicle AM -- June 2, 2014

A Nevada marijuana legalization initiative picks up a key endorsement, Iowa joins the ranks of the CBD medical marijuana states, Tennessee's governor gets ready to roll out a new plan to address prescription drug use, thousands march for legalization in Santiago, Chile, the Peruvian president backs away from forced coca eradication, and more. Let's get to it:

Coca eradication not too popular in Peruvian towns with coca leaf statues in the main plaza (Phillip Smith)
Marijuana Policy

Nevada's Largest Newspaper Endorses Legalization Initiative. The Las Vegas Review-Journal, by far the largest circulation newspaper in the state, has endorsed the state's fledgling legalization initiative, which has set its sights on 2016. Click on the title link to read the Sunday editorial.

California Sen. Feinstein Opposes Cutting Federal Funds for Medical Marijuana Raids. Just hours after the US House approved an amendment that would block the Justice Department and the DEA from using taxpayer funds to go after medical marijuana providers in states where it is legal, Sen. Dianne Feinstein (D-CA) said that "if a similar amendment were offered in the Senate, I would strongly oppose it." She said that while she sympathizes with patient needs, "rogue medical marijuana dispensaries, which require little or no medical bona fides and are prevalent throughout California, present major challenges for communities across the country." The 80-year-old politician credited the feds with closing more than 400 "rogue dispensaries" and worried that "the House amendment would prevent these critical enforcement activities from continuing."

Medical Marijuana

Iowa Governor Signs Limited CBD Medical Marijuana Bill. Gov. Terry Branstad (R) last Friday signed into law Senate File 2360, which will allow people suffering seizure disorders to use high-CBD cannabis oil with a neurologist's recommendation.

Illinois Senate Approves Medical Marijuana for Minors, People With Epilepsy. The state Senate last Friday approved a bill that would allow minors and people of all ages suffering from epilepsy to use medical marijuana. The legislation is Senate Bill 2636. It has already passed the House and now goes to the desk of Gov. Pat Flynn (D).

Prescription Opiates

Tennessee Governor to Unveil Plan to Address Pain Pills Tomorrow. Gov. Bill Haslam (R) will announce tomorrow a seven-point plan to address rising levels of prescription opiate use. One official said drug treatment will be a key component. In recent years, Tennessee has enacted prescription monitoring legislation and cracked down on doctors accused of over-prescribing opiates. Just last month, a committee of physicians appointed by the health commissioner agreed on new prescribing guidelines that set limits on daily doses doctors can prescribe. The program to be announced tomorrow is supposed to have seven points. Stay tuned.

Law Enforcement

Homicide Charges for Heroin Overdoses Rise in Wisconsin, But…. In a fine example of investigative journalism, the Gannet Wisconsin Investigative Media Team has released an analysis of the increasing use of homicide charges in heroin overdose cases in the state. Under Wisconsin law, anyone who makes, sells, or delivers a controlled substance that leads to an overdose death can by charged with first-degree reckless homicide by drug delivery. The report finds the number of such prosecutions spiking, but that sentences all over the place and the likelihood of being prosecuted depends largely on which county you are in. A good read.

In Warren County, Kentucky, the Drug War Dominates the Court Docket. The latest batch of indictments is out from the Warren County grand jury in Bowling Green, and more than half of them are for drug offenses. Nineteen people were indicted, 11 of them for drug offenses. There were four for possession of meth precursors, three for drug trafficking, two for marijuana trafficking, and one each for meth manufacture and drug possession. There was also one assault, one grand theft, and some drunk driving and "flagrant nonsupport" charges. Drug charges accounted for 58% of all the indictments.

International

Peru President Backs Off on Forced Coca Eradication in the VRAE. In a televised speech Sunday night, Peruvian President Ollanta Humala said he is indefinitely postponing plans to forcibly eradicate coca crops in the valleys of the Apurimac, Ene, and Mantaro Rivers (VRAE). The announcement came just days after Humala fired Carmen Macias as head of the anti-drug agency DEVIDA. Macias had been a strong advocate of a militarized eradication in the region, which produces more than half the country's coca crop and is also home to remnants of the Shining Path. Critics had warned that an aggressive eradication campaign would only help such rebels.

Uruguayan Presidential Candidate Who Vowed to Undo Marijuana Legalization Loses in Primary. "We are going to overturn this law that legalized marijuana growing. Nobody plant anything! Don't plant anything because we're going to knock it down!" National Party presidential nomination favorite Sen. Jorge Larranaga said ahead of Sunday's primary election to see who would get a chance to succeed outgoing President Jose Mujica. But instead, Larranaga lost in a surprise outcome.

Thousands March for Marijuana Legalization in Chile. Thousands of people marched through the streets of Santiago, the Chilean capital, Sunday in support of marijuana legalization. "Don't drive and drive, smoke and fly!" read one sign. Much open marijuana use was reported. Demonstrators demanded decriminalization and legalization, specifically including the right to grow their own.

New Bermuda Premier Says No to Marijuana Legalization, But Leaves Door Open for Decriminalization. Incoming Bermuda Premier Michael Dunkley said last Friday his administration has no plans to legalize marijuana, but could get behind a decriminalization scheme. Dunkley's comments came during a debate on the findings of the Cannabis Reform Collaborative, whose report earlier this month called for medical marijuana, decriminalization, and eventual legalization. "I think it is important to reiterate that the government's public undertaking has related to decriminalization and any potential wider use of cannabis," Dunkerly said. "Let me indicate early in this debate that at this time, the government is not prepared to consider personal cultivation, licenses for commercial cultivation and sale or blanket legalization of cannabis. In so far as this report recommends those things, they do not represent this government's current intentions."

Tampa SWAT Team Kills Armed Man in Marijuana Grow House Raid

A Tampa, Florida, police SWAT team attempting to carry out a drug search warrant shot and killed a man they said pointed a gun at them Tuesday night. Jason Joseph Westcott, 29, becomes the 19th person to die in US domestic drug law enforcement operations so far this year.

According to Bay News 9, citing police sources, the residence had been under surveillance after undercover officers bought "narcotics" there on several occasions since March. A SWAT team was used in the raid because police knew Westcott had guns in the home.

The Bay News 9 story used anodyne language to describe the raid, saying only that police "entered" the residence. It is not clear from the reporting whether this was a no-knock raid or how the police entered the residence.

Police said one man in the front of the house surrendered when the SWAT team entered, but that Westcott, who was found armed in a back room, pointed his gun and officers and was then shot.

Although police repeatedly referred to "narcotics," the only "narcotic" Westcott was accused of selling was marijuana. Police found a hydroponic marijuana grow in his home.

Westcott had no prior criminal record except for one incident of driving without a license.

Tampa, FL
United States

The Ibogaine Frontier: A Report from Durban [FEATURE]

special to Drug War Chronicle by Douglas Greene

Three dozen ibogaine providers, researchers and advocates gathered from May 7-10 in Durban, South Africa for the 4th International Ibogaine Provider's Conference, sponsored by the Global Ibogaine Therapist Alliance (GITA).

Yann Guignon and Jean-Nicolas Denarie with several varieties of iboga fruit (Sarita Wilkins)
The cover of the conference program guide and report features Esu, a deity in several religions with a multitude of responsibilities, including protecting travelers, roads (particularly crossroads), power over fortune and misfortune, and the personification of death. The illustration was highly apropos -- 52 years after the discovery of ibogaine's interrupting effects on opioid use disorders by Howard Lotsof, the father of the modern ibogaine movement, ibogaine advocates and providers are at an existential crossroads, with serious concerns about sustainability, safety and efficacy.

The last GITA conference was held in October 2012 in the harm reduction heaven of Vancouver, Canada. For this conference, GITA wanted to get back to the medicine's root -- iboga, a rainforest shrub native to West Central Africa that is sacred to practitioners of the Bwiti religion. After years of ibogaine's increasing popularity to treat Westerners with substance use disorders, iboga is under intense ecological pressure, and could be extinct in its native habitat of Gabon by late 2016, according to Yann Guignon, who wrote a report on the status of iboga for the Gabonese government in 2011-2012.

Guignon comes from an unusual background. He was born in France, but has been in Gabon since 2006, when he was initiated in the Dissumba branch of Bwiti. In 2007, France banned iboga after a death that had only an incidental connection to iboga.

Guignon gave the attendees a full report on the parlous state of the plant. "Over 90% of the iboga has disappeared from the country," Guignon said, and what it left is unaffordable -- the price of iboga has risen tenfold in less than decade. A bottle of 300 grams of medium quality root bark costs 100 euros (about $136), in a country where the 30% of the population that is employed has a minimum salary of 120 euros (about $163) per month.

There are also many factors endangering the supply of iboga: increasing land development and urbanization, the growing political and social power of evangelical Christians and climate change. As a result, "fake iboga" is now being marketed as iboga root bark and causing fatalities due to its cardiotoxic effects. And some Bwiti have started using alcohol instead of iboga in their ngenza (practice).

In response to these formidable threats to iboga's future, GITA and Guignon are taking action. GITA has proposed undertaking a collaborative effort with the Ethnobotanical Stewardship Council to launch the Iboga Dialogues, a multi-stakeholder engagement process to develop fair trade and safety standards for global use of iboga and ibogaine. Meanwhile, Guignon and his associate Jean-Nicolas Dénarié have started a few plantations on private land, and are in discussions with the Gabonese government to develop a plantation in one of Gabon's national parks, with the eventual goal of having a plantation in each of Gabon's 13 national parks.

Concerns about safety have been part and parcel of ibogaine's history as a drug detox. It's not just potent psychologically (about 75% of people treated experience intense personal and transpersonal visions -- not hallucinations, as often described in erroneous media reports). On a physiological level, it can produce bradycardia (a slow heartbeat) and/or arrhythmias (irregular heart rhythms). Last year alone, four of the 12 citations for ibogaine on the medical database PubMed were about deaths and toxicity. And rumors of deaths at clinics (as well as sexual assaults and thefts of intellectual property) have served to undermine the disorganized and reputationally disadvantaged ibogaine subculture.

GITA Development Director Jonathan Dickinson discussing GITA's vision (Sarita Wilkins)
However, some pioneering providers are attempting to improve ibogaine's safety profile, not just by taking what should be common sense precautions (using medicine that has been tested for purity, extensive medical screening and monitoring of treatments by qualified medical professionals), but by using cumulative, low dose psycholytic protocols that include iboga root bark, TA (an extract that includes all twelve alkaloids found in the plant) and ibogaine hydrochloride.

According to Clare Wilkins, Director of Pangea Biomedics, this approach has several advantages over the standard practice of using a flood dose of ibogaine hydrochloride: it uses scarce iboga more efficiently, and allows for treatment of high-risk individuals who are normally excluded from ibogaine treatment. Most importantly, it allows clients to be conscious and gradually integrate the insights they glean about their substance use disorders into their awareness and daily practices.

Safety practices were also discussed by Kenneth Alper, MD, an associate professor of psychiatry at the NYU Langone Medical Center and Jeffrey Kamlet, M.D., FASAM, a Miami Beach-based specialist in addiction medicine, both during the conference and in a post-conference seminar devoted to provider discussion of treatment protocols and practices. Topics included patient electrolyte levels (the "number one problem in treatment" according to Kamlet), treatment of bradycardia and withdrawal from Suboxone, methadone and alcohol prior to treatment.

Although there's been an enormous amount of anecdotal evidence for ibogaine's efficacy, there has been a lot more popular media than medical articles about ibogaine (including a few stories after the death of actor Philip Seymour Hoffman and a major Al Jazeera piece that aired shortly after the conference). Consequently, most major drug policy reform organizations have remained silent on ibogaine. Even the Drug Policy Alliance, which honored Lotsof in 2009 just before his death with its Robert C. Randall Award for Achievement in the Field of Citizen Action, offers only a tepid endorsement of ibogaine research. ("Our take on ibogaine is that is shows interesting potential to assist some people in recovering from substance dependence. It should be more widely researched," says DPA harm reduction manager Meghan Ralston.)

Pangea Biomedics Director Clare Wilkins discussing her cumulative low-dose protocol (Sarita Wilkins)
Despite ibogaine being an oneirogenic (a substance that produces dream states) rather than a psychedelic, MAPS (the Multidisciplinary Association for Psychedelic Studies) has emerged as a major institutional supporter of ibogaine research. MAPS Founder and Executive Director Rick Doblin has spoken enthusiastically about his experience with ibogaine, and MAPS is currently collecting data for two observational studies of ibogaine's long-term efficacy in treating opioid dependence at clinics in Mexico and New Zealand. The lead researchers for these studies presented the assembled iboganauts with the latest updates.

Thomas Kinsgley Brown, PhD of the University of California, San Diego, reported on the preliminary results of the Mexico study. Data entry for the study was completed in April. According to Dr. Brown, "[i]n the first month, 11 of the [30] participants relapsed, another seven in the second month, one person in the third month, another four in months for through six, one person in the seven month and as many as five went all 12 months without relapsing."

These numbers may not be too impressive -- but as GITA's Development Director Jonathan Dickinson has pointed out, most ibogaine providers are using the drug as a detox, not as an ingredient in a comprehensive treatment plan. Dr. Brown also emphasized that six of the 30 participants had some continuing care in the first few months after ibogaine treatment, and suggested that it might be valuable to compare the ASI (Addiction Severity Index) subscores and/or months to relapse of the participants who received continuing care and those who did not. Factors that Dr. Brown suggested might be determinative of successful ibogaine treatment are a patient's drug use history, age, outlook and expectations of treatment, as well as the integration, type and suitability of fit of any continuing care they receive.

Although in an earlier stage of the study, the results in New Zealand tentatively appear to be promising, according to lead researcher Geoff Noller, PhD and Tanea Paterson, a substance use practitioner/ibogaine provider at Ibogaine Te Wai Pounamu (New Zealand's only current ibogaine treatment provider). The study enrolled its 14th and final subject in April. Seven of the participants were tracked for all 12 months of follow-up (as well as one who was lost to contact at 11 months), and of the six participants still being monitored, three (50%) remain opioid free. Noller and Paterson hypothesized that the differences between the results of the Mexico and the New Zealand studies could be attributed to (among other factors) ibogaine's status as a non-approved prescription medicine in New Zealand, which allows for an integrated system of care between physicians, pharmacists, ibogaine treatment providers and continuing care providers.

"In Durban we saw some important steps on a long road towards uniting the therapeutic and sacramental communities that use ibogaine and iboga. The important factor was outlining a sustainability dialogue that will affect both communities deeply, and I think beyond the practical function of planting trees this dialogue will have an evolutionary impact for everyone involved. What we have seen is that the situation we're facing with iboga's sustainability is grim, but that contained within it is a massive opportunity for cultural dialogue and healing. I believe that here we have been successful in initiating that," said Dickinson.

A conference report is available here. Ibogaine has a long way to go to achieve mainstream acceptance, and potentially safer ibogaine metabolites and analogs, such as noribogaine and 18-MC, are being aggressively developed. But as this conference demonstrated, there is a passionate, committed group of providers and researchers who are working globally to advance the states of the art and science of ibogaine practice.

Durban
South Africa

ATF's Operation Gideon Raises Questions of Fairness, Justice, and Race [FEATURE]

Special to Drug War Chronicle by Clarence Walker, cwalkerinvestigate@gmail.com

Part I of a series on the ATF's Operation Gideon, targeting inner city "bad guys" with drug house robbery stings

Early in May, a panel of judges from California's 9th US Circuit Court of Appeals denied petitions for an "en banc" hearing that would have allowed the full court to consider overturning long prison sentences for four would-be robbers seduced by an informant into believing they were about to rip-off a stash house loaded with drugs.

The stash house was fictional, those drugs never existed, and the brains behind the plot were not criminals, but federal agents.

The denial of the petition was not a unanimous decision, and it revealed deep fissures on the appeals court. Dissenting judges argued that the practice of enticing poor young men into robbing stash houses raised questions not only of fair play, but also of constitutionality. The dissenters were particularly concerned that federal agents targeted primarily minority neighborhoods filled with desperate, unemployed young men tempted by the lure of fast cash.

"The sting poses questions of whether the government intentionally targets poor minority neighborhoods, and thus, seeks to tempt their residents to commit crimes that might well result in their escape from poverty," Justice Stephen Reinhardt wrote in a blistering dissent. He also called it "a profoundly disturbing use of government power that directly imperils some of our most fundamental constitutional values."

The case involved four Phoenix men -- Cordae Black, Kemford Alexander, Angel Mahon and Terrance Timmons -- who were convicted in 2010 on charges of conspiracy to distribute more than five pounds of cocaine, as well as federal firearms charges, for a fake drug rip scheme set up by the Bureau of Alcohol, Tobacco and Firearms (ATF). All four are now serving prison sentences of 13 to 15 years.

Even though federal appeals court judges have joined defense attorneys in calling the ATF drug rip schemes "outrageous conduct," they are not an anomaly, but are instead part and parcel of ATF's Operation Gideon, a nationwide program. The ATF, federal prosecutors, and the Phoenix police said a press release announcing a pilot sweep that rolled up 70 people, including Cordae Black and his crew, that Gideon "involved the deployment of some of ATF's most experienced undercover operatives to team with local agents and police investigators by conducting sting investigations involving violent home invasion crews."

According to a USA Today investigative report, as of last year, the feds had already locked up more than a thousand people who its agents had enticed into conspiracies to rob fake drug stash houses. And it's not just the AFT. The DEA often uses the fake drug rip-off schemes, as well.

US 9th Circuit Court of Appeals Judge Stephen Reinhardt
The argument at the 9th Circuit in the Phoenix case centered on entrapment and whether ATF agents illegally enticed the defendants into the crime through "outrageous government conduct" beyond that allowed by entrapment doctrine.

Relying on the US Supreme Court's 1973 ruling in US v. Russell, where the court upheld such schemes if the defendant showed a predisposition to commit the offense, 9th Circuit Judges Susan Graeber and Raymond Fisher rejected claims of entrapment and outrageous conduct by the agents, and argued that the reverse sting was within legal boundaries of law enforcement tactics, which includes officers working undercover to infiltrate criminal organizations.

Fisher and Graeber said the agents' actions were reasonable when they offered the men the opportunity to make money by committing a drug robbery. The pair also held the defendants failed to show they lacked "predisposition to commit the offense."

That provoked a sharp retort from a second dissenter as well, Judge John T. Noonan.

"Today our court gives approval to the government tempting people in the population at large currently engaged in innocent activity, and leading them into the commission of a crime, which the government will then prosecute," he wrote.

It's not just the 9th Circuit. Fake drug stash operations that only target inner-cities have ignited a firestorm of controversy, including other caustic remarks from the federal bench.

"There is a strong showing of potential bias in the robbery stings," US District Court Judge Rueben Castillo wrote in an order last year. Castillo noted that since 2011, federal agents have used such stings to lock up at least 26 people in the Chicago area -- and that all of them were either black or Hispanic.

Federal officials retort that they are not engaging in selective prosecution based on race, but are going where known felons often commit violent home invasion-type drug robberies.

But defense attorneys argue that the operations target people who weren't doing anything, entice them with visions of easy wealth, set them up, and then throw the book at them.

"What the ATF is doing is basically targeting low-level criminals for high-level crimes," said attorney Tara Loveland, who is representing Cordae Black on appeal.

The case against Black and his codefendants raises serious questions about racial profiling. According to evidence introduced at the original trial -- and subsequently heard again at the re-hearing (via the appellate brief) -- ATF Agent Richard Zayas had a paid informant travel from Miami to Arizona to find "bad guys" in a "bad part of town."

That prompted Judge Reinhardt to say that Zavas' instructions obviously meant the informant should recruit people from minority communities. The targeting of the fake drug house robbery scheme was a practice "that creates the appearance of selective prosecution based on race and wealth inequality," he said.

"It is a tragedy when ATF has to drum up a crime that didn't exist," attorney Eugene Marquez, who represented Cordae Black at trial, told the Chronicle.

Chicago Operation Gideon suspect William Alexander just before his arrest (atf.gov)
Defense attorneys who represented the defendants on appeal argued that "fake drug stings initiated by ATF amount to entrapment because there were no drugs -- and none of the defendants would have agreed to participate had it not been for a paid snitch and the ATF's scheme of enticing the men to arm themselves with weapons to rip-off a large quantity of drugs that automatically brings severe mandatory prison sentences."

"Our defense was outrageous conduct and sentencing entrapment," Marquez explained.

But 9th Circuit majorities weren't listening to the defense attorneys. In a separate ruling, they reiterated their original decision denying defense counsel's motion to overturn the original convictions.

"There is no bright line dictating when laws enforcement conduct crosses the line between acceptable and outrageous," Judge Raymond C. Fisher wrote for the majority. Outrageous government conduct can only occur when government agents engineer and direct a "criminal enterprise from start to finish -- or creating new crimes merely for the sake of pressing criminal charges," he argued.

Judge Reinhardt again dissented.

"In this era of mass incarceration, in which we already lock up more of our population than any other nation on earth, it is especially curious that the government feels compelled to invent fake crimes and imprison people for long periods of time for agreeing to participate in them -- people who but for the government's scheme might not have ever entered the world of major felonies," Reinhardt wrote.

If getting set up and convicted in a sting weren't bad enough, the defendants also got hit with longer sentences based on the imaginary amounts of drugs that were going to rob. Marquez explained that his client, Cordae Black, was hit a 10-year mandatory minimum because the ATF pretended the imaginary drug house had more than five kilos of cocaine in it.

But while jurists and defense attorneys grumbled, the ATF was pleased with its handiwork.

Arizona ATF agent Thomas Mangan welcomed the convictions of Black and his partners, as well as appeals court rulings upholding them. The stings had resulted in over 70 Arizona arrests, and the crew had "ample opportunity to back out, but had remained committed to carry out the robbery until they were arrested," he said in the Operation Gideon press release.

While court-approved enticement has a lengthy pedigree in this country, so does "outrageous government conduct" that can take it over the line into entrapment. A classic case is that of legendary automaker John Delorean, who was acquitted of cocaine conspiracy charges in 1984, even though prosecutors had Delorean on videotape wisecracking and saying that the cocaine stuffed inside a suitcase was "good as gold."

But Delorean's attorney was able to convince the jury that the FBI had leaned on a convicted drug smuggler, James Hoffman, to draw Delorean into a trap, complete with thinly-veiled threats if Delorean backed out of the sting.

"Without the government there would be no crime," Delorean's attorney told the jury.

Taking Down the Phoenix Crew

Putting together a fake drug robbery stings is like assembling the cast of a gritty crime drama. The Phoenix reverse sting worked against Cordae Black and his eager crew in typical take-down fashion. ATF agent Richard Zayas recruited a paid informant to frequent seedy bars and diffferent places in the "bad part" of town -- to find receptive players to rip-off a drug house. Zayas's informant met Shaver "Bullet" Simpson, a big-talking guy ready to play.

Zayas's informant duped Simpson into believing he had a friend with information on a stash house filled with drugs worth thousands of dollars. Simpson boasted he could find some tough-ass homies to do the job. Agent Zayas reminded Simpson that everyone involved with the plot must keep their mouths shut, and not talk about what goes down.

"My people straight," Simpson replied. "I hate snitchers."

Following the informant's meeting with Shaver Simpson, he introduced "Bullet" to undercover ATF Agent Richard Zayas, who fronted himself off as a disgruntled drug courier interested in having someone rob a dope house owned by Zayas's supposed cartel's connections. Zayas informed Simpson that Simpson's homeboys would need the "balls to do it because this ain't no easy lick."

Simpson then posed a question to Zayas: "My goons want to know whether they need to kill the people in the house."

Zayas responded nonchalantly that he "didn't care what they did as long as they took care of business."

Hooked like a fish, Simpson swallowed the bait, "Don't worry Daddy," he told Zavas. You got a real Jamaican (expletive), that's my family business; it's where I worked; I got this shit down to a science, man."

The beat goes on. Press conference announcing latest round of Operation Gideon busts, Stockton, CA, 2014 (atf.gov)
The trap was set. Shaver Simpson, the braggart, strangely, didn't show up for the showdown. But the work crew did. Once Cordae Black, Terrence Timmons, Kemford Alexander and Angel Mahon showed up at the designated meeting spot, the ATF agents and local police took the hapless crew down with guns drawn. A search of their vehicles produced four loaded weapons (which, according to the appellate brief, Zava insisted the crew have with them).

Despite Simpson's bravado about not being a snitch and hating such creatures, he pounced on the first opportunity to become one by testifying against his four homies. Still, at trial, Simpson accused ATF agent Richard Zayas of pressuring him to quickly find as many guys he could find to pull off the robbery.

Same Sorts of Cases, Different Results

In another Operation Gideon case, Chicago native William Alexander, a street-level crack dealer and beauty school dropout, got stung in a fake drug robbery on February 23 2011, along with his cohorts Hugh Midderhoff and David Saunders. All three were convicted of possession with intent to deliver five or more kilos of cocaine, along with firearms charges. To win a new trial, Alexander's lawyer argued on appeal that ATF's systematic strategy of sending informants into "bad parts of town" to recruit "bad people" meant that racial profiling played a vital role in Alexander's case.

His appeal brief noted that in the 17 stash house robbery stings prosecuted in the Northern Illinois Federal District since 2004, blacks were disproportionately represented. Of the 57 defendants, 42 were black, eight Hispanic, and seven white.

His appeal was denied -- because he couldn't show that the ATF and prosecutors intended racially disparate outcomes.

"To establish discriminatory intent, Alexander failed to show the decision makers in (his) case acted with discriminatory purposes -- and that the Attorney General and US Attorneys has broad discretion to enforce federal criminal laws," the appeals court held.

Antuan Dunlap and his heavily-armed posse-mates, Cedrick Hudson and Joseph Cornell Whitfield, had better luck. They were released from jail in an ATF drug house rip-off scheme when California US District Court Judge Otis Wright ruled the ATF crossed the line into entrapment.

Prosecutors had argued that Dunlap "manifested his propensity to commit robberies" by claiming to have engaged in similar activities in the past, and thus, "the defendant's words justified the reverse sting."

But in a 24-page stinging rebuke, the angry judge said the ATF engaged in "outrageous conduct" by enlisting people in "made-up crime" just so they could bust eager volunteers in drug stings. "Society does not win when the government stoops to the same level as the defendants it seeks to prosecute -- especially when the government has acted solely to achieve a conviction for a 'made-up' crime, Wright wrote. He also noted that such tactics "haven't brought down the crime rate nor taken drugs off the streets."

But the ATF and DEA fake drug rip-off schemes remain in full-swing across the nation despite the brewing controversy over tactics some defense attorneys and jurists regard with loathing. If the Justice Department will investigate whether the stings are aimed disproportionately at minority communities remains to be seen. Meanwhile, the Phoenix crew sits in federal prison, while their attorneys plan an appeal to the US Supreme Court.

Next in the series: ATF's Deadly Takedown in Fake Drug Robberies.

Chronicle AM--May 30, 2014

Yesterday was a bad day for the DEA as the House thrice voted to slap its hands, an anti-marijuana initiative in Montana gets okayed for signature-gathering, the New York Senate releases a report on heroin and opiate addiction and calls for more drug war, marijuana legalization supporters rally in Tel Aviv, and more. Let's get to it:

The DEA had a bad day on Capitol Hill yesterday.
Marijuana Policy

Montana Anti-Marijuana Initiative Approved for Signature-Gathering. An initiative that would repeal Montana's already severely scaled-back medical marijuana law and ban anything listed as a Schedule I controlled substance under the federal Controlled Substances Act, including marijuana, has been approved for signature-gathering. But Billings car dealer and initiative sponsor Steve Zabawa has only three weeks to get the 24,175 signatures necessary to get the measure on the November ballot.

Medical Marijuana

In Historic Vote, House Bars Justice Department, DEA from Using Taxpayer Funds to Interfere with Medical Marijuana in States Where It Is Legal. The US House of Representatives voted 219-189 last night to approve an amendment to 2015 Commerce, Justice, and Science appropriations bill to cut off funds for the Justice Department and its agencies, including the DEA, to interfere in state-sanctioned medical marijuana programs. If the Senate doesn't come up with similar language, the provision will have to be fought for in conference committee.

Hemp

In Historic Vote, House Bars Justice Department, DEA from Using Taxpayer Funds to Interfere with Hemp Production in States Where It Is Legal. The US House of Representatives voted last night to bar the Justice Department and its agencies, including the DEA, from using taxpayer dollars to interfere with industrial hemp production in states where it is legal. Hemp production for research purposes in states that have laws allowing it was approved by the Congress as part of the omnibus farm bill earlier this year. A dozen states have such laws.

Law Enforcement

In Historic Vote, House Takes Funds from DEA, Shifts Them to Addressing Rape Kit Backlog. In addition to barring the DEA from going after hemp and medical marijuana in states where they are legal, the House also approved an amendment from Rep. Steven Cohen (D-TN) to take $5 million from the DEA's appropriation and shift the money into grants for state and local law enforcement to address backlogs of untested rape kits. The House voted down another Cohen amendment that would have taken $15 million from the DEA and allocated it instead to the Legal Services Corporation. The House also approved an amendment that would block additional staffing for the Pardon Attorney's Office in a bid to thwart President Obama's call for drug war prisoners to seek clemency.

Heroin and Opiates

New York Senate Task Force Proposes Massive Package of Prevention, Treatment, Law Enforcement Bills to Fight Increased Heroin, Prescription Pill Use. The state Joint Senate Task Force on Heroin and Opioid Addiction issued its final report Wednesday. The report, Solutions to New York's Heroin Epidemic, calls for prevention, treatment, and harm reduction measures, but the 25-bill package it includes is heavy on law enforcement. Thirteen of the 25 proposed bills would ratchet up the drug war. There is a complete list of the bills in the package in the report.

International

Colombian Government Releases Outline of Drug Accords With FARC. The Colombian government has released a document laying out the points agreed to with the FARC guerrillas on dealing with drug cultivation and the illicit drug trade. The two sides, meeting at peace talks in Havana a couple of weeks ago, reached the agreement a couple of weeks ago. Colombia Reports has the details at the title link.

Despite Drug Decriminalization, Colombia Continues to Arrest, Hassle Drug Users, Researcher Finds. In a report from the Research Consortium on Drugs and the Law, researcher Diane Guzman found that Colombia continues to rely excessively on punishing drug users, even though drug use is decriminalized there. Guzman blames police enforcement strategies and their focus on arrest, and reports that drug users detained by police are often let go after they pay bribes. She also found that Colombia's goal of reducing drug addiction suffers because the country doesn't devote sufficient resources to improving health care and rehabilitation for drug users. The report, En Busca De Los Derechos: Usuarios De Drogas Y Las Respuestas Estatales En América Latina, also examines drug policies in seven other Latin American countries. Guzman wrote the Colombia chapter.

Thousands March for Marijuana in Tel Aviv. An estimated 2,000 people marched and rallied for marijuana legalization in Tel Aviv Thursday night. The march comes as the Knesset prepares to debate a bill easing restrictions on medical marijuana next week and a bill from MK Tamar Zandberg to legalize marijuana a few weeks from now.

Chronicle AM -- May 29, 2014

Minnesota becomes the 22nd medical marijuana state, the California Senate passes a medical marijuana regulation bill and a bill equalizing crack and powder cocaine offenses, a new study reports on who current heroin users are, there are a series of votes set for today to rein in the DEA, a Canadian court allows heroin-assisted treatment trials to move forward, and more. Let's get to it:

Cocaine is cocaine, whether rock or powder, and the California Senate has voted to treat it like that. (wikimedia.org)
Marijuana Policy

Michigan Poll Has Support for Legalization at 42%. A Detroit News/WDIV-TV poll released today has support for marijuana legalization at 42%, with 52% opposed. The poll conducted by the Glengariff Group of Chicago surveyed 600 voters. It has a margin of error of +/ -4%. "There is a sharp difference in attitudes on marijuana legalization among voters under and over the age of 40," said pollster Richard Czuba. "And while Democratic voters support legalization of marijuana, independents and Republican voters strongly oppose legalization." Click the link for more demographic details.

Washington, DC, Initiative is Sweating the Signature-Gathering. Organizers of the DC initiative to legalize the possession and cultivation of small amounts of marijuana -- but not the legalization and regulation of marijuana sales -- are "a little nervous" about the progress of their signature-gathering campaign. They have until July 7 to collect 22,373 valid voter signatures. They had collected some 19,000 raw signatures by Monday, but of the 16,734 that have been processed, only 5,360 have been found to be valid.

Delaware Decriminalization Bill Filed. Rep. Helene Keeley (D-Wilmington) today introduced a decriminalization bill, House Bill 371. It would make possession of up to an ounce a civil offense with a maximum $100 fine for people 21 and over. Currently, possession is a misdemeanor punishable by up to six months in jail.

Medical Marijuana

Minnesota Governor Signs Medical Marijuana Bill. Gov. Mark Dayton (DFL) today signed into law the medical marijuana bill approved earlier this month by the legislature. It allows for eight distribution centers across the state to by supplied by two medical marijuana manufacturers. The bill does not allow for the smoking of medical marijuana; but it can be vaped or eaten. Some medical marijuana groups are calling the law "overly restrictive."

California Senate Approves Medical Marijuana Regulation Bill. The state Senate yesterday approved Senate Bill 1262, sponsored by Sen. Lou Correa (D-Anaheim). It is supported by cities and law enforcement, and would impose tighter controls on dispensaries, cultivation, and recommending. A competing bill, Assembly Bill 1894, sponsored by Assemblyman Tom Ammiano (D-San Francisco) was expected to be voted on today. If both pass their respective houses, look for a compromise.

Drug Policy

Congress Set to Vote Today on Four Amendments to Reign in DEA. Congress is set to vote today on at least four amendments aimed at reigning in the Drug Enforcement Administration (DEA). One would prohibit DEA from interfering in states that allow medical marijuana; another would prohibit it from blocking hemp seed imports in states that have approved hemp research; a third would prohibit it from undermining state laws that allow for hemp cultivation; and a fourth would reject a proposed $35 million increase in the DEA's FY 2015 budget.

Heroin

Today's Heroin Users Are Mainly Young, White and Not in the Big City, New Study Finds. A new research article published in the Journal of the American Medical Association finds that, unlike the heroin boom of the 1960s, most heroin users today are young white men whose opiate habits overwhelmingly started with prescription pain pills. "Our data show that the demographic composition of heroin users entering treatment has shifted over the last 50 years such that heroin use has changed from an inner-city, minority-centered problem to one that has a more widespread geographical distribution, involving primarily white men and women in their late 20s living outside of large urban areas," the authors concluded.

Law Enforcement

Minnesota Prosecutor "Sending a Message" Charges Five Teens With Murder in Teen Girl's Overdose Death. Washington County Attorney Pete Orput has charged five local teenagers with murder in the January death of a 17-year-old girl who died after taking a new synthetic hallucinogen. "We think there's a moral obligation to keep kids free of drugs," said Orput. "We're sending a message that suppliers will be held fully to account." Those charged include a 19-year-old, an 18-year-old, and three 17-year-olds. Orput said the three minors will be charged as adults. The 19-year-old is accused of being the dealer; the others bought some of the drug and shared it among themselves and the dead girl.

Customs to Curtail Searches of General Aviation Aircraft Not Crossing Borders. After loud complaints from private pilots that their domestic flights were being searched for drugs by Customs agents, the Customs and Border Protection agency (CBP) has announced it will curtail the searches. An official told National Public Radio yesterday that "his agency has heard pilots' grievances and the program is being altered so as not to needlessly affront law-abiding pilots." The Airline Operators and Pilots Association has been raising a stink about the issue for the past year, saying it has received more than 50 reports from members who recounted their encounters with law enforcement at airports.

Georgia SWAT Team Throws Flash-Bang Grenade, Burns Toddler in Drug Raid. A 2-year-old child was burned when members of the Habersham County Special Response Team deployed a "distraction device" as they executed a drug search warrant early yesterday morning. The raid came a day after a snitch made a drug buy at the home and reported no children present. The raiders got themselves a no-knock warrant and breached the door of the home. "What had happened was there was a playpen -- a Pack N Play -- that was pushed up against the door, and when they breached the door it wouldn't open up because of the Pack N Play," Sheriff Joey Terrell said. "It was just wide enough to toss the flash bang in, then they had to physically push it [Pack N Play] on out of the way to get in. That's when the team medics saw the child, stopped at the child, took the child out and began first aid. "The door that we entered was the door that we bought dope out of -- that's why entered at that door," Terrell said. "Our team went by the book. Given the same scenario, we'll do the same thing again. I stand behind what our team did," he maintained. He blames the target of the warrant. Read the whole story at the link.

Sentencing

California Senate Approves Bill to Eliminate Crack/Powder Cocaine Sentencing Disparity. The state Senate Wednesday approved a bill that would equalize the penalties for crack and powder cocaine sales and make it easier to get probation for either. The measure is Senate Bill 1010, introduced by Sen. Holly Mitchell (D-Los Angeles). It now goes to the Assembly.

International

Peru Names Former Defense Minister as New Drug Czar. President Ollanta Humala has named former Defense Minister Luis Otorala as the new head of the Peruvian anti-drug agency, DEVIDA. He replaces Carman Masias. Otarola said that while eradication of coca crops will continue, greater emphasis will be placed on economic alternatives for farmers. Hardline critics said the move and the new emphasis "showed a weakening in the resolve of the government" to confront the drug trade. Peru is once again the world's leading coca and cocaine producer.

Medical Marijuana Bill Introduced in Philippines. Rep. Rodolfo Albano III has filed a medical marijuana bill in the Philippine legislature. House Bill 4477, the Compassionate Use of Medical Cannabis Bill, is intended "to provide accessible, affordable, safe medical cannabis to qualifying patients."

British Columbia Supreme Court Grants Injunction for Heroin Treatment Study to Continue. Canada's BC Supreme Court today granted an injunction for an exemption from federal drug laws for participants in the SALOME study (The Study to Assess Long-term Opioid Maintenance Effectiveness). The injunction will allow doctors in the study to continue prescribing heroin to patients for whom other treatment options have been ineffective.

Medical Marijuana Update

We could see a congressional vote on barring the feds from interfering in medical marijuana states this week, California stays contentious, the New York Assembly passes a medical marijuana bill (again), and more. Let's get to it:

National

As early as Thursday, Congress will vote on banning the DEA and Justice Department from interfering in medical marijuana states. The House could vote as early as Thursday on the Rohrabacher-Farr amendment, which would ban the Justice Department and its agencies, including the DEA, from using federal taxpayer funds to interfere with state medical marijuana laws. The time to contact your representatives is now. Click on the link for more information.

California

Last Thursday, Santa Monica medical marijuana opponents announced an initiative campaign to regulate dispensaries there. The city has a proposed zoning ordinance that would allow for two dispensaries, but initiative proponents want to "have medicinal collectives operate with reasonable regulation that mirror those put forward by the League of California Cities and California Police Chiefs Association" in pending Senate Bill 1262, which would put the state in charge of licensing dispensaries. The council voted last month not to endorse that bill.

Also last Thursday, Bakersfield officials sent letters to five dispensaries demanding they shut down within 30 days. The city council banned dispensaries last July and won a court challenge to that ban last month. The city said it selected dispensaries that had complaints from neighbors. City officials say there are 21 dispensaries operating in the city and that they plan to move against the others, too.

On Tuesday, the ACLU of Northern California sued Fresno city and county over total bans on marijuana cultivation. "The bans are at odds with state law enacted by the voters of California," the ACLU said. The lawsuit charges that the Fresno ordinances are invalid because they are preempted by the state's medical marijuana laws. Read the ACLU complaint here.

Also on Tuesday, the Desert Hot Springs city council voted unanimously to allow dispensaries and ordered city staff to come up with draft regulations by June 5. Palm Springs is currently the only city in Riverside County to allow dispensaries. Members agreed in general that a tax should be collected and that the number of dispensaries should be limited.

New Mexico

Last Thursday, medical marijuana advocates launched a campaign to force a rewrite of proposed new rules. The state Health Department released proposed rule changes a week earlier that advocates say will make access to medical marijuana more difficult. The Don't Take Away My Medicine campaign is being led by the New Mexico Medical Cannabis Patient's Alliance, the South East New Mexico Medical Cannabis Alliance, and the Drug Policy Alliance. Click on the title link for more details.

New York

On Tuesday, the Assembly passed a comprehensive medical marijuana bill. It approved Assembly Bill 6357 by a margin of 91-34. This is the fifth time the Assembly has passed a medical marijuana bill, only to see them die in the Senate. The Senate version of the bill, Senate Bill 4406, has already passed the Senate Health Committee and now awaits consideration in the Senate Finance Committee. The chairman of that committee said he would allow it to come to a vote -- if the Senate leadership agrees.

North Carolina

Last Thursday, a bill calling for a referendum on medical marijuana was filed. Rep. Kelly Alexander (D-Mecklenburg) has filed House Bill 1161, which, if approved, would put a referendum on the November ballot asking voters to legalize the use and cultivation of marijuana to treat specified medical conditions. Alexander had filed a medical marijuana bill last year, but it went nowhere in the legislature. The new bill would have to get super-majorities in both chambers of the legislature before it could go to the voters.

On Tuesday, a limited CBD medical marijuana bill was filed. Rep. Pat McElraft (R-Carteret County) Tuesday filed a bill to allow for the use of high-CBD cannabis oil for people suffering "intractable seizures." The measure is House Bill 1220.

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

Chronicle AM -- May 28, 2014

Look out 2016, here comes Nevada! Also, a US congressman rips into NYPD over marijuana arrests, a New York medical marijuana bill passes the Assembly, Dallas pays out big time for police misbehavior, former DEA head Asa Hutchinson wants more drug war for Arkansas, and more. Let's get to it:

Marijuana Policy

Nevada Legalization Initiative Campaign Gets Underway. The Coalition to Regulate Marijuana Like Alcohol yesterday commenced its campaign to put a legalization initiative on the 2016 ballot. Two Nevada politicians who are members of the campaign, Sen. Tick Segerblom (D-Las Vegas) and former Republican Senate Caucus executive director Joe Brezny, were the first to sign the petitions. Canvassers need to come up with 101,000 valid voter signatures by November. If that happens, the measure goes to the legislature. If the legislature declines to act or rejects the measure, it goes to the voters in November 2016.

Oak Park, Michigan, Activists Sue Over Decriminalization Initiative Delay. The Safer Oak Park Coalition has filed a lawsuit against city officials charging that they are delaying efforts to put a decriminalization initiative before the voters. The Coalition handed in more than enough signatures to qualify for the ballot on April 27, but city officials said it was too late to have a ballot measure ready for the August primary election. Unless the lawsuit prevails, Oak Park residents will have to wait until November to vote on the issue.

New York City US Congressman Rips NYPD Over High Marijuana Arrest Numbers. Rep. Hakeem Jeffries (D-NY), who represents parts of Brooklyn and Queens, called on the NYPD yesterday to quit arresting so many people for minor pot possession. More than 28,000 were arrested last year -- 86% of them black or brown -- even though Mayor Bill DeBlasio (D) called the mass arrests and the racial disparity in them "unjust and wrong." The rate of arrests so far this year has dropped by 9%, but that's still 7,000 pot busts in the city this year alone, and the numbers were heading up at quarter's end. Arrests topped 50,000 in 2011, before NYPD was instructed to quit violating the spirit of the state's decriminalization by arresting people for "open possession" after intimidating them into emptying their pockets.

Washington State Parolees Can Smoke Marijuana. The Washington Department of Corrections says it will stop testing the state's 14,000 parolees for THC because marijuana is now legal in the state. "We don't want to hold them to that level, when, as a citizen, you wouldn't be held to that level either," a department spokesperson explained. The department isn't endorsing marijuana use, she added, "We are simply aligning with state law."

Medical Marijuana

New York Assembly Passes Comprehensive Medical Marijuana Bill. The Assembly Tuesday approved Assembly Bill 6357, a comprehensive medical marijuana bill, by a margin of 91-34. This is the fifth time the Assembly has passed a medical marijuana bill, only to see them die in the Senate. This year, a bill is moving in the upper chamber, and a key committee head has signaled if he may be willing to let it come to a vote -- if the Senate leadership agrees.

North Carolina Lawmaker Files Limited CBD Medical Marijuana Bill. She said she would, and now she has. Rep. Pat McElraft (R-Carteret County) Tuesday filed a bill to allow for the use of high-CBD cannabis oil for people suffering "intractable seizures." The measure is House Bill 1220.

Drug Policy

Former DEA Head Asa Hutchinson Vows More Drug War if Elected Arkansas Governor; Democratic Foe Says He's Tough on Crime, Too. Former DEA head Asa Hutchinson, running as a Republican for the Arkansas governor's seat, Tuesday unveiled a plan to address drugs and crime that includes $1 million a year in additional funding for the state's parole system, $300,000 a year for reentry programs for ex-convicts, and more, as yet unspecified, money for the State Police, more drug courts, more drug task forces, and maybe even a new prison. He also hinted that he might want to "re-tweak" a 2011 sentencing reform bill to give prosecutors "more flexibility" in prosecuting property and drug crimes. Hutchinson's Democratic opponent, former US Rep. Mike Ross, also "has a strong record of being tough on crime and supporting our law enforcement community," his campaign retorted Tuesday.

Law Enforcement

City of Dallas Keeps Paying Out for Police Misbehavior. Last week, the Dallas city council approved a $105,000 settlement to a man beaten unconscious by police during a fruitless drug raid. It's just business as usual in Dallas, where the pay-out was just the latest in a series of series of high-profile, six-figure lawsuits against the Dallas PD in recent years, including at least one other drug-related case. The city council approved the most recent settlement without debate.

International

Australia's New South Wales Greens Launch Medical Marijuana Bill. The NSW Greens Tuesday launched their campaign to pass a medical marijuana bill Tuesday. The bill, the Drug Legislation Amendment (Use of Cannabis for Medical Purposes) Bill 2014 would allow people suffering from terminal illnesses to possess up to 15 grams of marijuana upon a doctor's recommendation. The bill is in line with the recommendations of a cross-party Upper House inquiry into the issue last year.

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

This Week's Corrupt Cops Stories

The Dallas city council pays out for another brutal drug raid, and a Florida narc can't keep his crack straight. Let's get to it:

In Dallas, the Dallas city council approved a $105,000 settlement last Wednesday for a man beaten unconscious during a Dallas police drug raid in 2010. Danny Cantu said police threw a flash-bang grenade in his home, broke down his doors, and violently assaulted him. Police said they used a no-knock search warrant and aggressive tactics because they thought he was a major drug dealer, but all they found was a sawed off shotgun and a tenth of a gram of cocaine. Cantu was never charged with a crime, and the council approved the payment without debate. It is just the latest in a string of high-profile, six-figure lawsuits against the department in recent years.

In Palm Beach, Florida, a Palm Beach sheriff's department narcotics detective was arrested last Tuesday for lying about crack cocaine buys in a search warrant. Detective Joaquin Fonseca is accused of saying he bought the crack at a house he raided, but video surveillance showed that his efforts to buy crack there were actually rebuffed. Dash cam video from Fonseca's car showed that he bought crack from a different dealer and used that as evidence for the search warrant. And when he was booked into the jail, he was found to be carrying more crack cocaine. He is charged with official misconduct, cocaine possession, and making false statements.

One Dead As Car Carrying Marijuana Crashes During Police Pursuit

One man is dead and another hospitalized after the car they were in flipped and crashed during a high-speed police pursuit outside the East Texas town of Bullard Saturday night. Christopher Blake Lucas, 26, becomes the 18th person to die in US domestic drug law enforcement operations so far this year.

According to KLTV News, citing Texas Department of Public Safety officials, a state trooper tried to pull the vehicle over for "a routine traffic stop" when it took off on a paved rural road. Officers later spotted the car on another paved rural road, and threw down spike strips.

The spike strips popped three of the car's tires, but it kept going, then failed to negotiate a turn and flipped. Lucas, the driver, was pronounced dead at the scene.

The officials said four pounds of marijuana were found in the car. The injured passenger will be charged with possession of marijuana and evading arrest once he is released from the hospital, DPS said Monday.

[Editor's Note: This one is a judgment call for inclusion in our list. Although police said it was "a routine traffic stop," there are several reasons to consider it a drug war death. First, "routine traffic stops" are often pretexts for drug law enforcement efforts. Second, even "routine traffic stops" can quickly turn into drug law enforcement efforts. Third, and mainly it is probably safe to presume this guy was running because he had four pounds of pot in his vehicle, not because he didn't want to get a speeding ticket.]

Bullard, TX
United States

There's More to Colorado Than Marijuana [FEATURE]

Colorado has certainly garnered a lot of attention since voters there decided to legalize marijuana in the 2012 election, but when it comes to drug reform, there's a lot more going on in the Rocky Mountain State than just buds, blunts, and bongs. In the past few years, Colorado has taken significant steps toward more enlightened drug policies, and with the powerful coalitions that have emerged to push the agenda, more is likely to come.

Passed last year while all the attention was on the legislature's race to get marijuana commerce regulations passed, the single most significant piece of broader drug reform legislation was Senate Bill 250, which aims to rein in and redirect corrections spending by reducing the number of drug offenders in prison.

The bill creates a separate sentencing system for drug offenders and allows people convicted of some felony drug charges to be sentenced to probation and community-based sentencing and see that felony charge changed to a misdemeanor conviction upon completion of probation. It allow provides that savings from the sentencing changes be plowed back into drug treatment.

The bill didn't come out of nowhere. It was the outgrowth of a 2008 law that created the Colorado Commission on Criminal and Juvenile Justice. That panel brought together in one effort the heads of all the relevant state agencies as they grappled with how to reduce recidivism and put a brake on prison spending. It also provided an opportunity for groups like the Colorado Criminal Justice Reform Coalition (CCJRC) to start confronting the commission with research-based evidence about what does and doesn't work.

"There is a lot of good evidence-based practice that shows what we did in the past didn't work, and a lot of it had to do with national attention," said Pam Clifton, communications coordinator for the CCJRC. "People were asking 'How come half your people are going back to prison?' Well, we didn't have funding for treatment in Colorado. If you didn't have any money, there wasn't any place for you to go. Another problem was helping people on the front end. How can we be more proactive with people on probation? The recession gave us a little bit of leverage."

But to get sentencing and drug reforms passed required not just a commission to come up with best policies and practices, but a political leadership that was willing to act. That came in 2008, when Colorado turned from red to blue, with a new Democratic governor, Bill Ritter, and Democrats in control of the legislature.

"When Bill Owens (R) was governor, he wasn't going to let anything happen," said Clifton. "But with the commission, a lot of conversations got started and we were able to educate about why change was needed, so when we had a change in leadership, there was a mandate from the commission to get good legislation passed. A lot of the recommendations the commission made went directly to the legislature, and when a bill showed up from the commission, it had a better opportunity to survive the process."

And while, as noted above, the legislature has passed other reforms, Senate Bill 250 was the biggie.

"That was the landmark legislation that really changes things," said Clifton. "This was the whole state -- prosecutors, defense counsel, the commission, us -- coming together and agreeing it was the right approach."

The bill only went into effect last October, so its results remain to be seen. But advocates are confident it has not only changed the conversation about drugs and sentencing, but that it will pay off in terms of fewer prisoners doing less time at less cost to the state -- and with less harm to the futures of drug offenders in the state.

Even the prisons are scenic in Colorado, although it is hoped that fewer prisoners will be forced to enjoy the view soon. (CDOC)
"It's too early to tell what impact Senate Bill 250 will have," said Art Way, Colorado manager for the Drug Policy Alliance. "It was definitely a step in the right direction, though. It shrank the number of felony degrees for drug charges from six to four, and now, many low-level drug felonies can wobble down to misdemeanors thanks to that bill. It's not true defelonization of use and possession, but it still gives defendants some opportunities to avoid the label of felons."

And the CCJRC deserves some major credit, he said.

"The CCJRC has been doing great work in the past decade revealing that we are on an unsustainable path," said Way. "The Department of Corrections budget was only increasing year after year, and they were able to make this a fiscal argument as well as a human argument. They've been at the forefront here."

Another front where Colorado is forging ahead is harm reduction. Needle exchange programs were legalized in 2010 and there are now six across the state, the state passed a 911 Good Samaritan law in 2012, and a law allowing friends and family members of injection drug users to carry and administer the overdose reversal drug naloxone (Narcan) passed last year.

Activists have also managed to push through laws exempting needle exchange participants from the state's drug paraphernalia laws, and in Denver, an ordinance last year allowed the first mobile needle exchange in the state.

"We've been really excited, not only about all these programs, but also about getting these policy wins," said Lisa Raville of the Denver-based Harm Reduction Action Center. "Every time we go to the capitol, we've been winning. The legislature is very excited about harm reduction."

After passing Senate Bill 250, this year was relatively quiet on the sentencing and drug reform front. There are a number of reasons for that, some of them having to do with gauging public (and legislative) attitudes in the wake of a well-publicized violent crime, the killing of state prison chief Tom Clements by a parolee.

"Our corrections director was murdered last spring, and that caused a lot of ripples and made people at the capitol freak out a bit, so we wanted to tread lightly," said Clifton. "And things are really tricky in Colorado now," she added. "Elections are coming up, and everyone's concerned about what color we're going to be come November. Our elected officials are all being very cautious right now."

Like the CCJC, the harm reductionists were quiet in the legislature this year. It was a time for solidifying gains and getting previous victories implemented, Raville said.

Harm reduction measures in place in Colorado include needle exchanges and overdose reversal drug access. (wikimedia.org)
"This is an election year, and we knew they would be playing defense at the capitol," she said. "We decided this year would be all about promoting harm reduction policies and procedures. When we got those laws passed, we assumed that the legislature and the courts would implement them, but they didn't, so we spent the first six months promoting implementation, working with the legislature, as well as working with doctors and pharmacies so they know about these new laws."

But that doesn't mean the Harm Reduction Action Center is giving up on the legislature.

"Depending on how the election goes, our goal next year is total syringe decriminalization," said Raville. "We have the exemption for needle exchange participants, but there are still folks who won't ever access a needle exchange program, and we want them exempt as well. Now, you can get eight to 15 days in jail for every syringe, clean or used."

Raville pointed to the success of the North Carolina Harm Reduction Coalition in getting a similar measure passed last year in the last year in getting a similar measure passed in the Tar Heel State. That partial decriminalization bill allows people carrying needles to avoid arrest if they inform officers they are carrying them.

"Robert Childs and the NCHRC got that passed with the support of law enforcement, who didn't want to get pricked," she said. "That's inspired us to work closely with the Denver Police Department. We have two officers on our advisory board."

"We have an overdose issue here in Colorado," Raville noted. "ODs have tripled in the past 10 years, and we have a fatal overdose every day and a half in the state. Not many doctors are prescribing naloxone, but we've had 92 overdose reversals so far. And a couple of hospitals in Denver are discharging overdose patients with a prescription for naloxone. We're trying to make that the standard for hospitals across the state."

While it was relatively quiet this year in the legislature, activists had to play defense on one set of bills and managed to kill them. That was a pair of bills to amend the civil code for child neglect to explicitly include marijuana use as an indicator, even though the state has legalized both medical and recreational marijuana use and possession.

"Stopping that bill was our top concern this year," said Way. "We worried that amending the civil code the way those bills tried to do would simply help law enforcement during drug investigations by leveraging parental rights. This wasn't a public health approach; it was a law enforcement bill couched as a public health and child protection bill," he said.

"The bill's fiscal notes only involving increasing bed space for what they expected to an influx of people put in jail," he noted. "There was nothing about access to treatment or reunification with kids. It was a standard, punitive drug war approach to a public health issue, and we were able to kill it for the second year in a row."

The CCJRC, for its part, is continuing to push for reform. While it wasn't ready to share its strategic planning for the near future, Clifton did say that the group is working around implementation of the Affordable Care Act's provisions requiring insurance companies to cover drug treatment.

"We've convened a stakeholder group from around the state -- health care and criminal justice people -- to make sure they knew each other as a step toward successfully implementing the ACA, getting more people in treatment, and reducing the prison population. We're teaching people how to navigate the system and teaching the system how to help people navigate it," she said.

And while sentencing reform and harm reduction efforts in Colorado haven't, for the most part, been about marijuana, the whole opening on marijuana has given political and social space to drug reform efforts that go beyond pot.

"The conversation about marijuana has absolutely helped," said Raville. "We legalized it and the sky didn't fall. This has helped normalize pot and normalize drug use more broadly. And it's been a good opportunity to talk to people about how voting matters."

"Marijuana reform has helped legislators understand what we mean by a public health approach," said Way. "We hope to now be able to address drug policy on a broader level with the legislature."

But much of that will depend on what the makeup of the legislature looks like after November. Still, Colorado has shown what some persistence, some coalition-building, and some science, evidence, and compassion can accomplish.

CO
United States

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School

StopTheDrugWar Video Archive