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This Week's Corrupt Cops Stories

Maybe we should call this "This Week's Corrupt Prison Guards," since we have a trio of those bad boys, and an extremely sticky-fingered Louisiana sheriff's deputy. Let's get to it:

In Crowley, Louisiana, a former deputy's theft of funds was upgraded in an audit Monday. Maxine Trahan had been charged last April with stealing in excess of $25,000 in cash seized in drug busts, but a new audit from the state's Legislative Auditor says she actually stole $194,500. Trahan, who was the sheriff's office's spokesperson, began the pilferage in 2003, but it wasn't detected until last year. Theft and related charges are pending.

In Concord, New Hampshire, a federal prison guard was indicted January 11 for allegedly taking bribes to smuggle drugs and cell phones into the federal prison in Berlin. Latoya Sebree is accused of receiving payments in return for bringing contraband including prescription drugs, synthetic cannabinoids, and suboxone to prisoners. She is charged with bribery of a public official and providing contraband to an inmate in a federal prison.

In Montgomery, Alabama, a state prison guard was arrested Sunday after being caught carrying drugs as he came to work. Antwan Dandre Giles, 27, got nailed carrying over an ounce of meth, marijuana, synthetic cannabinoids, oxycodone, hydrocodone, and buprenorphine, and Xanax. He is charged with possession of marijuana, trafficking in illegal drugs, and five counts of unlawful possession of a controlled substance.

In Columbus, Georgia, a former Stewart County prison guard was sentenced last Thursday to six months in prison for smuggling marijuana to inmates at the county jail. James Royal, 43, smuggled the pot into the jail and then had prisoners' families pay him via Western Union money transfers. It's not clear what the precise charge was.

Chronicle AM: More State Forfeiture Bills, Colombia Drug Farmers Organizing, More... (1/24/17)

Colorado high court rules cops don't have to give your legal weed back if they seize if, changes in the Arkansas medical marijuana law go to the governor, there's more asset forfeiture activity in the states, Colombia's drug crop growers organize, and more.

Asset forfeiture abuses are leading to corrective efforts in more and more states. (Creative Commons/Wikimedia)
Marijuana Policy

Colorado Supreme Court Says Cops Don't Have to Give Seized Marijuana Back. The state Supreme Court ruled Monday that police cannot be forced to return marijuana to a defendant acquitted of pot crimes, because that would cause them to violate the federal Controlled Substances Act. "The return provision requires law enforcement officers to return, or distribute, marijuana," the decision says. "Thus compliance with the return provision necessarily requires law enforcement officer to violate federal law." Three justices disagreed, however, saying that the CSA "immunizes federal and state officers from civil and criminal liability in the circumstances at issue here." But they lost.

Virginia Bill to End Drivers' License Suspension for Possession Advances. A bill that would undo an existing state law requiring the suspension of drivers' licenses for people convicted of pot possession was approved by the Senate Courts of Justice Committee Monday. The measure, Senate Bill 1091 still need approval from the full chamber.

Texas Judge Recommends No Punishment for Teacher Who Smoked Pot in Colorado. A teacher who admitted legally consuming marijuana while in Texas should not face any legal or professional penalty, an administrative judge has ruled. The Texas Education Agency sought to suspend the teacher's license for two years after she handed in a urine sample that tested positive for marijuana. The judge found that the teacher was not "unworthy to instruct" and that there was no evidence to suggest she was under the influence of marijuana while teaching. The TEA will have to make a final decision.

Medical Marijuana

Arkansas Legislature Approves Changes to Medical Marijuana Law. With the state Senate's approval Monday, House Bill 1058 now goes to the governor. It passed the House last week. The bill removes a requirement that doctors declare the benefits of medical marijuana outweigh the risk to the patient. It also specifies that patient information submitted to qualify for medical marijuana is "confidential," but would not be considered "medical records" subject to the Health Information Privacy Protection Act.

Illinois State Treasurer Asks Trump for Clarity on Banking for Medical Marijuana Industry. State Treasurer Michael Frerichs said Monday he sent a letter to President Trump urging him to give clear guidance to the banking industry on marijuana. Frerichs said currently federal law makes it difficult for legal businesses to get loans and restricts customers to cash-only transactions.

North Dakota House Approves Bill Preventing Worker's Comp from Paying for Medical Marijuana. The House overwhelmingly approved House Bill 1156 Monday. Passed in response to voters' approval of a medical marijuana initiative in November, the bill prevents the state Workforce Safety and Insurance agency from paying for medical marijuana to treat a workplace injury. Legislators said marijuana remains illegal under federal law.

Kratom

Florida Kratom Ban Effort Gets Senate Companion Bill. Rep. Kristin Jacobs' (D) lonely crusade to ban kratom is not quite as lonely today. Democratic state Sen. Darryl Rouson has filed Senate Bill 424, which, like Jacobs' House bill, would add the active ingredients in kratom to the state's list of controlled substances.

Asset Forfeiture

Alaska Civil Asset Forfeiture Reform Bill Filed. State Rep. Tammie Wilson (R-North Pole) has filed House Bill 42, which would end civil asset forfeiture by requiring law enforcement obtain a criminal conviction before property is seized. "This has to do with the belongings that are taken," Wilson said. "They still can seized. But now there will be a process for those who were not involved to be able to get their items back without a lengthy proceeding and have to get an attorney to be able to do that."

Oklahoma Asset Forfeiture Bill Coming Back. State Sen. Kyle Loveless (R-Oklahoma City) will once again file asset forfeit legislation this year. The bill would require convictions before asset forfeiture unless the property is valued at more than $50,000, if the person denies any connection to the property, or is deported or otherwise unavailable. Similar efforts in past years have been blocked by strong law enforcement lobbying efforts.

Wisconsin Asset Forfeiture Bill Filed. A bipartisan group of lawmakers is preparing an asset forfeiture reform bill that would require a criminal conviction before any seizure takes place, that any seizure be proportional to the offense, and that proceeds from forfeitures be directed to state general funds, and not law enforcement. The bill is not yet available on the legislative website.

Drug Testing

North Dakota Welfare Drug Testing Bill Filed. State Sen. Tom Campbell (R-Grafton) has filed Senate Bill 2279, which would require the state Department of Human Services to develop a procedure for testing welfare applicants suspected of illegal drug use. The bill would deny benefits for a year to applicants who refuse a drug assessment, refuse a drug test, or don't participate in a treatment program. Similar legislation has been introduced the last three sessions. The Department of Human Services does not support it.

International

Colombia Coca, Opium, and Marijuana Farmers to Form Association. The growers are planning to found the National Coordinator of Coca, Marijuana, and Opium Growers to try "to forge a common negotiating front with the government to influence any potential agreements on drug control that come as a result of peace talks with the Revolutionary Armed Forces of Colombia (FARC). The organization would have national reach and appears to be an effort to create a political coalition with the aim of directly negotiating with the government. Notably, such a coalition could form a future political support base for an eventual FARC political party. By linking the future of a FARC party to the issue of forceful eradication, which the group would almost assuredly oppose, the pace of eradication in Colombia could end up slowing even further," Stratfor reported.

Chronicle AM: MA Bills Subvert Legalization Init, OR MJ Bill Protects Workers, More... (1/23/17)

A Democratic Massaschusetts state senator is out to seriously undercut the state's new, voter-approved marijuana legalization law, an Oregon bill seeks to protect marijuana users' employment rights, El Chapo gets extradited to the US, and more.

Marijuana Policy

DC Activists Hand Out 8,000 Joints for Trump Inauguration. The same folks who brought you legal marijuana in the District were on hand Friday for the inauguration of the incoming president. DCMJ activists handed out nearly double the promised 4,200 joints they promised. A good time was had by all. "Oh yeah, there's 10,000 people who showed up for free marijuana today, so it's really busy," DCMJ founder Adam Eidinger said. "The goal is really to get Donald Trump talking about marijuana, to show the tremendous support. To show that you can have Trump supporters and non-Trump supporters together in unity."

Arizona Decriminalization, Legalization Bills Filed. State Rep. Mark Cardenas (D-Phoenix) filed a bill to decriminalize pot possession (House Bill 2002) and one to legalize marijuana (House Bill 2003). Previous similar bills have never won even a committee hearing, but the state's felony marijuana possession law may finally be out of step with the times enough to give the decrim bill a hearing.

Hawaii Marijuana Legalization Bill Filed.Speaker of the House Joseph Souki (D-District 8) has filed House Bill 205, which "authorizes persons 21 years of age or older to consume or possess limited amounts of marijuana for personal use. Provides for the licensing of marijuana cultivation facilities, product manufacturing facilities, safety testing facilities, and retail stores" and "applies an excise tax on transactions between marijuana establishments."

Maryland Appeals Court Upholds Search Based on Pot Smell, Despite Decriminalization. Even though the possession of small amounts of pot has been decriminalized in the state, the state's highest court has ruled that it remains a banned substance and thus give police probable cause to search a vehicle if they smell it. "Simply put, decriminalization is not synonymous with legalization, and possession of marijuana remains unlawful," Court of Appeals Judge Shirley M. Watts wrote in a unanimous opinion issued Friday. Defendants had argued that police should be required to cite factors leading them to believe the amount they smelled was greater than the 10 grams decriminalized under state law. But the court didn't buy that argument.

Massaschusetts Bills Would Gut Legalization Law. Hardline marijuana foe state Sen. Jason Lewis (D-Winchester) has filed legislation that would deeply curb the ability of state residents to possess and grow marijuana and threaten the ability of recreational pot shops to begin selling a full range of products next year. Lewis would delay the ability of pot shops, now set to open in July 2018, to sell edibles and concentrates for at least two more years, and he would dramatically increase the ability of local governments to reject marijuana businesses. Under the legalization law, they must go to the voters, but Lewis's legislation would undo that. Groups that led the successful November legalization initiative are vowing a vigorous fightback. His package of 14 bills was filed last Friday, the last day to do so.

Oregon Bill to Prevent Pot Smokers From Getting Fired Filed. State Rep. Ann Lininger (D-Lake Oswego) has filed Senate Bill 301, which would override a state Supreme Court decision saying employers can fire marijuana users even though it is legal in the state. The bill would bar employers from requiring workers or prospective workers to "refrain from using a substance that is lawful to use under the laws of this state during nonworking hours."

Virginia Legislators Punt on Decriminalization Bills. A state Senate committee Monday refused to approve a pair of decriminalization bills, instead opting to delay them while the Virginia State Crime Commission studies decriminalization. The bills were Senate Bill 1269 from Sen. Adam Ebbin (D-Alexandria) and Senate Bill 908 from Sen. Louise Lucas (D-Portsmouth).

Asset Forfeiture

Illinois Bill Would End Civil Asset Forfeiture. State Rep. Al Riley (D-Hazel Crest) has filed House Bill 468, which would prohibit the state from seizing property without a criminal conviction. The measure would also block prosecutors from doing an end run around state law by passing cases off to the feds, who then return 80% of the money to the law enforcement agency involved. The bill has been referred to the House Rules Committee.

Drug Policy

California Bill Would Protect Immigrants from Deportation in Low-Level Drug Cases. Assemblywoman Susan Talamantes Eggman (D-Stockton) Monday filed a bill to shield immigrants from deportation for minor drug offenses -- as long as they seek drug treatment or counseling. The bill would adjust state law so that defendants without prior convictions within the last five years could enroll in drug treatment before entering a guilty plea and have those charges wiped from their record upon successful completion. That would prevent them from being considered drug offenders eligible for deportation under federal law. Gov. Jerry Brown (D) vetoed a similar bill last year. The bill is not yet available on the legislative website.

Drug Testing

Missouri College Appeals to US Supreme Court Over Student Drug Testing. Linn State Technical College has appealed to the Supreme Court to overturn federal appeals court rulings that its program requiring mandatory drug testing of all incoming students is unconstitutional. The college has lost at just about every turn in this case, with a federal district court judge issuing an injunction to block implementation of the program, and the 8th US Circuit Court of Appeals rejecting mass, suspicionless drug testing. The appeals court did allow the college to impose testing on students in five safety-sensitive programs.

International

El Chapo Extradited to the US. Longtime Sinaloa Cartel leader and repeat Mexican prison escapee Joaquin "El Chapo" Guzman was extradited to the US last Thursday to face drug and other charges in New York City. "The government of the republic today delivered Mr. Guzmán to the authorities of the United States of America," the Mexican foreign ministry said in a statement.

German MPs Vote to Approve Medical Marijuana. The lower house of parliament last Thursday approved a measure legalizing the medicinal use of marijuana. The law limits the use of medical marijuana to "very limited exceptional cases" and patients will not be allowed to grow their own. Instead medical marijuana will be imported until state-supervised grow operations are set up in Germany.

This Week's Corrupt Cops Stories

It's been a quiet week on the corrupt cops front, but there's still a bit of nefariousness afoot. A Pennsylvania cop gets nailed for ripping off heroin for his own use, and more. Let's get to it:

In Donora, Pennsylvania, a part-time Donora police officer was arrested last Tuesday for stealing 133 bags of heroin that had been seized as evidence during a search. Officer James B. Johnson, 29, has allegedly confessed to taking the heroin from the evidence room, saying he intended it for his own personal use. He is charged with several drug offenses, theft, obstruction, tampering and misapplication of entrusted property.

In Baltimore, a Baltimore police officer was convicted last Thursday of tipping off suspected drug dealers. Officer Stacy Plater went down after FBI agents showed photos of suspects at a roll call, knowing that Plater knew one of them. Plater took the bait, asking if he could keep the photo, and then calling the drug dealer with a heads up. He was convicted on an official count of misconduct by a jury and faces a February sentencing date.

Chronicle AM: Obama Commutes More Drug Sentences, Iran Hangs More Drug Prisoners, More... (1/17/17)

As his term winds down, President Obama continues to free more drug prisoners; New Jersey Dems plan a legalization bill, Wisconsin Dems plan a medical marijuana bill, and more.

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

New York Times Editorial Board Calls on Feds to Remove Barriers to Marijuana Research. In a Tuesday editorial, the Times cited last week's report from the National Academy of Sciences as it called on the federal government to reschedule marijuana out of Schedule I or, at least, remove regulatory barriers to further research on it. Marijuana "does not belong with LSD and heroin on Schedule I," the Times declared, but "even if Mr. Trump and Congress are unwilling to reclassify marijuana, they could remove the regulatory barriers to research and let scientists get to work."

New Jersey Democrats Prepare Legalization Bill, Despite Christie's Opposition. State Sen. Nicholas Scutari (D) said Monday that he and other Democrats will introduced a legalization bill in February, despite the opposition of Gov. Chris Christie (R). But Christie will be gone after the next election, and the legalization bill will still be there.

Medical Marijuana

Wisconsin Democrats to File Medical Marijuana Bill. State Sen. Jon Erpenbach (D) and Rep. Chris Taylor (D) are circulating a medical marijuana after Republican Assembly Speak Robin Vos said he would be open to the idea. Republicans control both houses of the state legislature, and Senate Majority Leader Scott Fitzgerald is not in favor. The Democratic pair have until January 26 to come up with cosponsors and file the bill.

Sentencing

Obama Commutes Sentences for Another 200+ Drug Offenders, and Chelsea Manning, Too. President Obama Tuesday announced he has commuted the sentences of 209 federal prisoners, nearly all drug offenders, as well as imprisoned leaker Chelsea Manning. Tuesday's actions bring to 1,385 the number of sentences commuted under Obama, far exceeding the number of commutations granted by any modern president.

International

Iran Hangs 14 More Drug Prisoners. At least 14 people were hanged at Karaj Central Prison on drug-related charges in the past week, Iran Human Rights reported Tuesday. The group named 10 of the executed: Mohammad Soleimani, Ali Ebadi, Ali Reza Moradi, Majid Badarloo, Omid Garshasebi, Ali Yousefi, Seyed Ali Sorouri, Ebrahim Jafari, Ali Mohammad Lorestani, and Mohsen Jelokhani. The continuing executions come even as the Iranian parliament considers ending the death penalty for drug offenses.

Brazil Approves First Marijuana-Based Medicine. Brazil's National Health Surveillance Agency (Anvisa)has issued a license for Metavyl, a drug containing 27 milligrams of THC and 25 milligrams of CBD per milliliter. The drug will be available as an oral spray. But Anvisa has designated Metavyl a "black label" drug, meaning it can only be used by patients who have not responded to conventional medicines.

Chronicle AM: More Obama Commutations Coming, HIA Sues DEA Over CBD, More... (1/16/17)

President Obama will commute more drug sentences before he leaves office this week, the hemp industry sues the DEA over its new CBD rule, New York's governor wants to fix his state's decriminalization law, and more.

Obama is about to free hundreds more nonviolent drug offenders. (whitehouse.gov)
Marijuana Policy

New York Governor to Propose Clarifications to State's Decriminalization Law. Gov. Andrew Cuomo (D) has announced plans to remove a loophole in the state's decades-old decriminalization law that lets police charge people with a criminal offense for possession in "public view." That loophole has been applied mainly against racial minorities. Governor Cuomo pushed heavily for closing that loophole in 2014 but was blocked by Senate Republicans who opposed a measure that would have standardized the penalty for all low-level possession as a violation, which would have resulted in a fine instead of arrest.

Medical Marijuana

HIA Sues DEA Over CBD. The Hemp Industries Association filed a judicial review action against the DEA last Friday over the agency's new rule establishing coding for marijuana derivatives such as CBD cannabis oil. The DEA overstepped its bounds and put at risk a booming cannabis and hemp industry, the suit alleges.

North Dakota Bill Would Delay Medical Marijuana Implementation. State Senate Majority Leader Rich Wardner (R-Dickinson) has introduced a bill, Senate Bill 2154, that would suspend implementation of parts of the state's new voter-approved medical marijuana law until the legislature could write a comprehensive law to govern medical marijuana in the state.

Sentencing

Obama Set to Commute Sentences for Hundreds More This Week. As the clock ticks down on his term, President Obama is set to keep on granting clemency to drug offenders up until the last minute. Justice Department officials say he will grant hundreds more commutations this week. He has already cut the sentences of more than 1,100 nonviolent drug offenders, more than any president in modern history.

Stingray: Privacy, Surveillance, the War on Drugs, and Your Phone [FEATURE]

special to Drug War Chronicle by independent investigative journalist Clarence Walker, cwalkerinvestigate@gmail.com

Raymond Lambis is a free man -- at least for now.

He was looking at 10 years to life on federal drug charges, but the case was built on a controversial technology -- "Stingray" -- and in a precedent-setting 2016 decision widely celebrated by legal experts and privacy advocates, a federal judge ruled that use of the device without a search warrant violated the Fourth Amendment's proscription against unreasonable search and seizure.

The decision -- and the technology -- has implications that go far beyond the shadowy world of drug dealers and DEA agents. Stingray is a generic term for a cell-site simulator, a device that can mimic cell towers as a means of tracking down cell phones. Law enforcement can use Stingray to pick up phone calls, voicemail messages, and text messages, and to pinpoint the physical location of a targeted phone to within a few feet.

In the Lambis case, federal prosecutors argued that they didn't need a warrant to use the wide-ranging Stingray, but federal district court Judge William H. Pauley shot them down.

"Absent a search warrant," Judge Pauley held in his 14-page opinion, "the government may not turn a citizen's cell phone into a tracking device."

But that's exactly what DEA agents did to build their case against Lambis. They used Stingray to locate his cell phone inside his family residence, then conducted a warrantless search of his bedroom and uncovered a large amount of cocaine.

Federal prosecutors had a fallback argument -- that even if a warrant were necessary to track Lambis' phone, once his father gave agents at his door permission to enter and Lambis then "consented" to a search, the search should be allowed -- but Pauley wasn't having that, either.

"The procurement of a 'voluntary' consent to search based upon a prior illegal search taints that consent," he held.

US District Court Judge William H. Pauley
But if federal prosecutors have their way, the DEA and other federal agents will be able to do it again. In September, prosecutors from the US Attorneys Office for the Southern District of New York filed an appeal of Pauley's decision with the US 2nd Circuit Court of Appeals.

"We're obviously disappointed about that," Lambis' attorney Alan Seidler told Drug War Chronicle.

So is the Electronic Frontier Foundation. Rebecca Jeschke, a digital rights analyst for the group, told the Chronicle that if the government wins on appeal, everyone's privacy will be eroded.

"As we use cell phones more and more, a successful appeal will touch nearly every American," she said.

A successful appeal would be salt in the wounds of legal scholars and privacy advocates who hailed Pauley's forceful decision in Lambis as a major victory against warrantless surveillance by the government.

"This is the first federal ruling I know of where a judge squarely ruled that the Fourth Amendment required police to get a warrant to use a Stingray, and further, suppressed evidence derived from warrantless use of the technology," ACLU Attorney Nathan Wessler told the New York Times at the time. "After decades of secret and warrantless use of Stingray technology by law enforcement to track phones, a federal judge has finally held authorities to account."

According to an ACLU report, at least 60 state, local, and federal law enforcement agencies in 23 states have used Stingray to suck up citizens' cell phone data.

Stingray in the Lambis Case

According to court documents, the trail to Raymond Lambis' front door began with a DEA investigation into an alleged drug pipeline importing large amounts of cocaine from South America beginning in early 2015. DEA agents obtained a wiretap warrant to glean information about the numbers dialed from a specific cell phone.

After agents obtained the warrant, they monitored messages off a Blackberry between two suspected drug traffickers. During one particular conversation agents overheard a voice referring to someone named "Patilla," whose phone had a 646 area code.

Messages between Patilla and the other, unnamed party indicated that Patilla could supply hydrochloric acid, which is used by traffickers in the heroin-refining process. DEA agents then got a warrant to order the phone company to provide "approximate location," or "cell-site location information" (CSLI).

A frequent complaint of defense attorneys and privacy advocates has been that law enforcement, and DEA agents in particular, will mislead judges into thinking the warrant they sign off on is to get specific cell-site information from a carrier when what agents are really doing is using Stingray to locate a person's phone or actual address. As the Chronicle reported in 2013, "The Stingray technology not only raises Fourth Amendment concerns, it also raise questions about whether police withhold information from judges to monitorcitizens without probable cause.That's what happened in Lambis.

In the Lambis case, DEA Special Agent Kathryn Glover obtained a warrant seeking cell-site data and location information for that 646 phone, but did not tell the judge DEA would be using Stingray to conduct a search to pin down Lambis' exact location.

"So they went to the effort to get a warrant, but then didn't tell the judge they intended to use that same warrant to use a Stingray," ACLU technology specialist Christopher Soghoian told Ars Technica. "It is so important for federal courts to recognize that use of a Stingray is a search of a Fourth Amendment-protected place, and not only is a warrant required, but the court authorizing the surveillance must be told they are authorizing the use of a Stingray."

But the phone carrier's CSLI data, which Agent Glover said in her warrant application would be used to track down the 646 phone, only guided DEA agents to the "general area" of Broadway and 177th Street in Manhattan. To pinpoint the 'house or building where the phone most likely resided with its owner the DEA unleashed Stingray to first zero in on the exact building and then on the exact apartment.

A DEA technician using a hand-held Stingray walked through the building until he picked up the strongest signal -- coming from inside the Lambis apartment. Then, DEA agents knocked on the door, and Lambis' father allowed the gun-toting agents inside. When agents asked if anyone else lived there, the elderly man knocked on his son's door, and Lambis opened it up only to be confronted by the DEA.

Faced by the agents in his home, he then consented to a search of his bedroom, where agents discovered a kilo of cocaine, empty ziplock bags, a scale, and eight cell phones. He was charged with possession of cocaine with intent to distribute and other drug-related charges. It was Lambis' defense motion to throw out that evidence as a result of an unlawful search that led to Pauley's ruling.

The States Aren't Waiting for the Federal Courts

The courts aren't the only place Stingray is running into headwinds. Thanks to decisions like that in the Lambis case, some states have begun passing privacy legislation aiming at protecting citizens' cell phone data from warrantless searches by Stingray or similar cell-site simulators used by police. Among them are California, Illinois, Minnesota, Rhode Island, Virginia, and Washington.

"Citizens have the right to expect that they will not have their personal information investigated by police without a warrant," said Rep. Edith H Ajello (D-Providence) after passage of a 2016 Rhode Island bill that prohibits obtaining cell phone data by cell-site technology.

"Requiring a warrant won't make it difficult for police to do their job," concurred Sen. Donna Nesselbush (D-North Providence). "It's essentially updating search warrant law for the information age."

"As advances in technology enable police to more efficiently investigate and solve crimes, it's important that we help them to know they are following state laws and the Constitution," said Illinois Sen. Daniel Bliss (D-Evanston) upon passage of similar legislation there in 2016. That law, the Citizen Privacy Protection Act, went into effect January 1.

While the states aren't waiting for the federal courts to provide protections, the Lambis decision and related controversies over Stingray technology have created such a firestorm that the Justice Department and the Department of Homeland Security are now requiring agents to obtain a warrant before using Stingray in investigations. But that could change if the appeals court rules in the government's favor. Stay tuned.

Journalist Clarence Walker can be reached at cwalkerinvestigate@gmail.com.

This Week's Corrupt Cops Stories

This week, it should be "This Week's Corrupt Jail Guards," since that's all we've got. Let's get to it:

In Houma, Louisiana, a Lafourche Parish jail guard was arrested last Tuesday on drug trafficking charges. Guard LaShanta Williams, 36, went down after a two-month investigation into drugs being sent from California. Williams's brother was the actual target of the investigation, but after he was arrested, Williams allegedly returned to the home she shared with him and removed evidence. She is charged with obstruction of justice and transactions involving proceeds from drug offenses.

In Sevierville, Tennessee, a Sevier County jail guard was arrested last Thursday for smuggling drugs into the county jail. Corrections Officer Joshua Davis, 24, went down after authorities received a tip that he was plotting with an inmate and the inmate's mother to bring narcotics into the jail and searched him when he arrived at work and found drugs. He is charged with introducing contraband into a penal facility, criminal conspiracy, and possession of Schedule III drugs. The inmate and his mother were also arrested.

Chronicle AM: Guam Gov Files Legalization Bill, More Iran Drug Executions, More... (1/11/17)

Marijuana legalization bills get filed in Guam and the District of Columbia, the Global Drug Policy Commission asks Obama to commute more sentences, Chris Christie vows to fight drug addiction during his last year in office, and more.

Iran has already executed ten drug offenders this year, with another dozen set to face the gallows. (iranhr.org)
Marijuana Policy

Guam Governor Files Legalization Bill. Gov. Eddie Calvo Tuesday introduced a bill to legalize marijuana on the US island territory. "I am introducing this bill, not because I personally support the recreational use of marijuana, but as a solution to the regulatory labyrinth that sprouted from the voter-mandated medical marijuana program," Calvo said in a press release. The measure would legalize marijuana for people over 21 and impose a 15% tax on sales. Medical marijuana patients would be exempt from the tax.

DC Councilmember Files Bill for Legal Marijuana Commerce and Regulation. Councilmember David Grosso Tuesday filed a bill to establish a full tax and regulatory framework for legal marijuana commerce. If passed, the bill would put the District in conflict with Congress, which must approve city spending. But Grosso said that Congress had forced the District's hand with its meddling in city affairs.

Drug Policy

New Jersey Governor Vows to Heighten Fight Against Drug Addiction. In his final state of the state address, Gov. Chris Christie (R) said he will spend his last year as governor fighting drug addiction. "Our state faces a crisis which is more urgent to New Jersey's families than any other issue we could confront," Christie told the legislature in Trenton. "Beyond the human cost, which is incalculable, there is a real cost to every part of life in New Jersey." Christie is pushing for treatment instead of jail for nonviolent drug offenders, expanded drug courts, and expanded needle exchange programs, among other initiatives.

Law Enforcement

Federal Bill to Clear Way for more Surplus Military Gear for Police Filed. Rep. John Ratcliffe (R-TX) has filed House Resolution 426, which would bar the federal government from limiting the sale or donation of excess federal property to state and local agencies for law enforcement purposes. The bill is a response to the Obama administration's short-lived decision last year to block the transfer of military-style equipment to domestic police forces.

Sentencing

Global Drug Policy Commission Asks Obama to Free More Prisoners. In an open letter to the outgoing president, the commission, which includes a number of former heads of state, thanked Obama for his efforts to shift from a punitive approach to drugs, noted that he had freed more than a thousand drug war prisoners through his clemency program, and asked for more: "We hope that in these final days of your presidency, you will use the power of your office to commute even more prison sentences of low-level drug offenders, and restore dignity and hope to their lives," the commission wrote. "May your example inspire not only your successor, but also governors across the country."

International

Colombia Coca Cultivation Set to Increase. Colombia's post-conflict minister, Rafael Pardo, said Tuesday that coca cultivation will increase this year, the third year in a row that has seen increases in the country's coca crop. Pardo said part of the reason was the government's turn away from using aerial eradication, but that a bigger part was the government's devaluation of the peso, which dramatically increased profit margins for drug traffickers.

Iran Starts New Year With Spate of Drug Executions. The world's leading drug executioner is at again. In the first week of the new year, Iran executed 16 people, 10 of them for drug offenses. Iran executes hundreds of people each year, with drug offenders accounting for an increasing number of them. In 2015, the last year with full statistics, 66% of all executions in Iran were for drug offenses. Another 12 prisoners were set to be executed for drug offenses this week.

Chronicle AM: Federal OD & MedMJ Bills Filed, State MedMJ Bills, More... (1/9/17)

Both Congress and state legislatures are getting back to work, and the bills are starting to pile up; South Dakota activists eye a 2018 legalization initiative, and more.

Medical marijuana bills are being filed in the states that have yet to embrace it. (Wikimedia)
Marijuana Policy

Some California Dispensaries Are Already Selling Marijuana to All Adult Comers. Legal recreational marijuana sales won't begin in the state until at least 2018, but some medical marijuana dispensaries are already selling pot to anyone over 21. "Dozens" of dispensaries are advertising that they no longer require a doctor's recommendation to make purchases. Many, if not all, of these "Prop 64 friendly" dispensaries are unlicensed.

South Dakota Activists Eye 2018 Legalization Initiative. The state has twice rejected medical marijuana at the polls, but that isn't stopping a new group, New Approach South Dakota, from planning a 2018 legalization initiative. The group says it will submit a proposal to the attorney general's office next week.

DC Mayor Announces Plan to End Driver's License Suspensions for Drug Offenses. Mayor Muriel Bowser (D) said Monday that her administration plans to change a law that suspends the driver's license of people arrested for drug offenses. "In Washington, DC, we value and support rehabilitation and promote employment as a critical component of successful reentry," Mayor Bowser said in a statement. "This change will ensure that the DC criminal code is tailored to public safety, not maintaining antiquated and ineffective policies that place unnecessary burdens on District residents."

Medical Marijuana

Federal Bill to Protect Medical Marijuana Businesses From Asset Forfeiture Filed. Rep. Earl Blumenauer (D-OR) last Thursday filed House Resolution 331, which would shield medical marijuana-related conduct authorized by state law from federal asset forfeiture attempts. The bill has been referred to the House Judiciary and Energy and Commerce committees.

Mississippi Medical Marijuana Bill Filed. Rep. Joel Bomgar (R-Madison) has filed House Bill 179, which would ensure that any "qualifying patient who possesses a valid registry identification card is not subject to arrest, prosecution, or penalty in any manner." The bill specifies a list of qualifying conditions, allow for caregivers for patients who can't grow their own, and allow for dispensaries. Patients could possess up to 2. 5 ounces of marijuana.

Indiana Medical Marijuana Bill Filed. State Sen. Karen Tallian (D-Indianapolis) has filed Senate Bill 255, which would allow patients with a specified list of conditions or "any persistent or chronic illness or condition" to use medical marijuana with a physician's recommendation. The measure would also create a statewide medical marijuana program. Tallian has introduced similar bills in past years that have gone nowhere.

Nebraska Medical Marijuana Bill Coming Soon. State Sen. Anna Wishart (D-Lincoln) says she will introduce a comprehensive medical marijuana bill this session. A similar measure came within three votes of advancing last year, but the measure would still face an uphill battle in the legislature and a probable veto from Gov. Pete Ricketts (R).

New Mexico Medical Marijuana Fix Bill Filed. State Sen. Cisco McSorly (D-Albuquerque) has filed Senate Bill 8, which would more than double the amount of medical marijuana licensed producers can grow in the state and expand the amount of marijuana that patients could possess. "This bill will guarantee there is an adequate supply of marijuana for our patients," McSorley said.

Kratom

Florida Bill to Make Kratom a Controlled Substance Filed. State Rep. Kristin Jacobs (D-Coconut Grove) last Friday filed House Bill 183, which would add mitragynine and hydroxymitragynine, the psychoactive components of kratom, to the state's controlled substances act. Under the bill, selling, manufacturing, or importing kratom would be a misdemeanor.

Collateral Consequences

Nebraska Bill Would (Mostly) End Lifetime Ban on Food Stamps for Drug Felons. State Sen. Mike Groene (R-North Platte) last Friday filed Legislative Bill 128, which would end the lifetime ban on food stamps for drug felons, but only if they got drug abuse treatment after their most recent conviction. Alternately, drug felons could take and pass voluntary drug tests every six months to qualify. People with more than two drug felonies would continue to be banned from receiving food stamps. A measure to completely end the ban failed last year.

Harm Reduction

Federal Bill Filed to Ease Access to Overdose Reversal Drug. Rep. Jan Schakowsky (D-IL) and a bipartisan group of 18 cosponsors have filed House Resolution 304, which would ease bureaucratic obstacles to emergency medical care providers wishing to administer the opioid overdose reversal drug naloxone. The bill has been referred to the House Judiciary and Energy and Commerce committees.

Drug War Issues

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