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Chronicle AM: SWAT Teams in the News, Santa Fe Decrim Init, Barcelona Cannabis Clubs (8/18/14)

SWAT teams are in the news, the RAVE Act gets critiqued as counterproductive, there will be no medical marijuana initiative in Oklahoma, but it looks like there will be a decriminalization initiative in Santa Fe, and more. Let's get to it:

Demonstration in support of Barcelona's cannabis clubs (fac.cc)
Marijuana Policy

Santa Fe, New Mexico, Decriminalization Initiative Qualifies for Ballot. The Santa Fe city clerk has determined that an initiative to decriminalize marijuana possession in the city has qualified for the November ballot. Now the city council must either vote to change the city ordinance or send the measure to the voters. This measure will eliminate jail time for the possession of less than 1 ounce of marijuana and possession of marijuana paraphernalia for personal use and will result in no more than a simple $25 fine, as well as make marijuana possession the lowest priority for the Santa Fe Police Department.

Medical Marijuana

Oklahoma Initiative Effort Will Fall Short, Organizers Concede. There will be no medical marijuana initiative in the Sooner State this year. Saturday was the deadline for handing in signatures, and organizers concede they don't have enough valid signatures. They vow to be back at next year.

Hawaii Medical Marijuana Events Slated. The Drug Policy Forum of Hawaii and the American Civil Liberties Union of Hawaii (cofounders of the Medical Cannabis Coalition of Hawaii) have announced three free public events on medical marijuana policy next weekend. "Policy Perspectives on Medical Marijuana" will take place in Oahu and Hilo, while a talk session will be held in Kona. Click on the link for more details.

Law Enforcement

Georgia County Won't Pay Medical Bills for Toddler Injured in SWAT Raid. Habersham County, Georgia, says it will not pay the hospital bills for Bounkham "Baby Boo Boo" Phonesavah, the 19-month-old toddler severely burned when a SWAT team executing a drug arrest warrant threw a flash-bang grenade into his home during a May drug raid. The person the police were looking for wasn't there. Look for a civil lawsuit.

Tampa Police Review Finds No Problem With SWAT Team Killing of Man in Minor Marijuana Raid. SWAT team members acted appropriately when they shot and killed 29-year-old Jason Westcott during a May drug raid, a Tampa Police internal review has found. Police entered the residence where Westcott and a roommate were sleeping, then encountered him with a handgun in the bathroom, where they shot and killed him. Police seized less than $2 worth of marijuana at the scene. There are problems with the investigation that led to the raid, too; click on the May drug raid link to read more.

New York Governor Candidate Randy Credico Arrested, Jailed for Making Video of Cops Arresting Black Man in Subway. Randy Credico, challenger to incumbent Gov. Andrew Cuomo in next month's Democratic primary, was arrested and jailed for videotaping undercover transit police aggressively arresting a black man Friday afternoon. He is charged with menacing a police officer, obstructing government administration and resisting arrest and disorderly conduct. Credico has been arrested more than 20 times, mostly for civil disobedience actions or videotaping police activities.

Justice Department Ups the Ante on FedEx with New Money Laundering Charges. Federal prosecutors in San Francisco unveiled a new indictment against FedEx last Thursday that adds money laundering to a list of charges alleging that the delivery company knowingly shipped illegal prescription drugs from two online pharmacies. The company was already facing 15 conspiracy and drug charges and is looking at a fine of up to $1.6 billion if found guilty. UPS paid the feds $40 million last year to settle similar charges.

RAVE Act Has Done More Harm Than Good, Study Finds. The 2003 RAVE Act (Reducing Americans' Vulnerability to Ecstasy Act) has not reduced the drug's popularity, but has instead endangered users by hampering efforts to protect them. The law held club owners and produces criminally responsible for drug use at their events, and that made them disinclined to provide harm reduction services -- providing free bottled water of allowing groups like DanceSafe to do informational flyering or drug testing -- because that could be used as signs they were aware of drug use. "There were a lot of groups like that, and there was a lot of educational information about drugs being made available," study author University of Delaware sociologist Tammy Anderson said. "Today, clubs and promoters are reluctant to take those precautions because it could be used as evidence against them. The RAVE Act is a relic of the War on Drugs," she said. "It never worked in the past, and it's not working now." Her research was presented Sunday at the American Sociological Association annual meeting in San Francisco.

International

Vietnam Sentences Six to Death for Heroin Trafficking. A court in northern Vietnam sentenced six people to death last Thursday for trafficking Laotian heroin destined for China. The six were convicted of trafficking 240 pounds of the drug. Under Vietnamese law, the death penalty can be imposed for offenses involving as little as 3.5 ounces of heroin.

Barcelona to Shut Down Dozens of Cannabis Clubs. The city of Barcelona moved quietly last week to shut down about a third of the city's 145 cannabis clubs, citing "deficiencies" in management at nearly 50 of them. Those "deficiencies" included the illegal sale of marijuana, trying to attract non-members to their premises, and creating problems for the neighborhoods where they operate. Under Spanish law, the clubs can operate as members-only establishments where participants share their collective crops. The Spanish Federation of Cannabis Associations has asked for better regulations to avoid illegal practices.

(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.)

Did You Know Why Some Performance Enhancing Drugs Are Legal While Others Are Banned?, from ProCon.org

Did you know why (supposedly) athletes are allowed to use some drugs but not others? Read the details on sportsanddrugs.procon.org, part of the ProCon.org family.

Follow Drug War Chronicle for more important facts from ProCon.org over the next several weeks, or sign up for ProCon.org's email list or RSS feed.

Read last week's ProCon.org "Did You Know" Chronicle blurb here.

ProCon.org is a web site promoting critical thinking, education, and informed citizenship by presenting controversial issues in a straightforward, nonpartisan primarily pro-con format.

Chronicle AM -- August 12, 2014

Everybody must be at the beach, because it's pretty quiet on the drug reform front. But Philly faces a class action lawsuit over asset forfeiture, the DEA gets caught wasting taxpayer money, and there's marijuana policy action down South America way. Let's get to it:

Tax dollars go up in smoke as DEA pays an Amtrak snitch nearly a million bucks for freely available passenger information.
Marijuana Policy

Saginaw, Michigan, City Council Approves Decriminalization Vote. The city council voted last night to approve placing a decriminalization initiative before the voters in November. The council is required by state law to place qualifying citizen initiatives on the ballot, but four of the nine council members still voted against. Saginaw is one of more than a dozen Michigan towns and cities where citizen decriminalization initiatives are aiming for the November ballot.

Medical Marijuana

Oregon Bans Medical Marijuana Patients From Being Daycare Providers. Oregon's Early Learning Council has passed a temporary rule barring child daycare owners and operators from holding medical marijuana cards. Owners and operators must now also report this information to the council. The rule doesn't apply to users of any other medicines.

Asset Forfeiture

Class Action Lawsuit Filed Against Philadelphia Forfeiture Practices. The Philadelphia District Attorney's Office is violating the constitution with its asset forfeiture practices, a class action lawsuit alleges. The city seizes an average of $5.8 million worth of assets a year, nearly four times the amount seized in Kings County (Brooklyn), New York, or Los Angeles County, both of which have larger populations. Lead plaintiff Christos Sourovelis sued after the city seized his home when his son was arrested for drug possession. His two co-complainants also allege their homes were seized although they committed no crimes.

Law Enforcement

DEA Paid an Amtrak Informant Nearly A Million Bucks for Freely Available Information. The DEA paid an Amtrak employee some $854,460 over two decades for providing passenger list information that the agency could have obtained for free, Amtrak reported Monday. The Amtrak inspector general says the DEA is already part of joint drug task force with Amtrak's police agency and could have obtained the information for no cost. Sen. Charles Grassley (R-IA), senior Republican on the Senate Judiciary Committee, sent a letter Monday to DEA head Michele Leonhart saying the incident "raises some serious questions about the DEA's practices and damages its credibility to cooperate with other law enforcement agencies."

International

Brazilian Senate Has Public Hearing on Marijuana Legalization. The Senate's Human Rights Commission debated marijuana legalization at a public hearing Monday. It is one of a series of public hearings about whether to introduce a legalization bill in the legislature.

Chilean Woman Becomes First Official Latin American Medical Marijuana Patient. The Chilean Institute for Public Health has approved the use of the marijuana extract tincture Sativex for a woman suffering from breast cancer and lupus. Cecilia Heyder is most likely the first officially approved medical marijuana patient in Latin America.

Costa Rica Lawmaker Files Medical Marijuana, Hemp Bill. Lawmaker Marvin Atencio of the Citizen Action Party held a press conference in San Jose Monday to announce that he had filed a bill to legalize medical marijuana in the Central American nation. The bill would create an institute within the Health Ministry to supervise it and would allow private concessions to grow marijuana -- for a hefty price tag. The bill would also legalize industrial hemp. Citizen Action controls the government, but does not have a majority, so the bill would require support from other parties to pass.

Comedian Randy Credico's Deadly Serious Quest to Run New York [FEATURE]

New York Gov. Andrew Cuomo is widely expected to cruise to an easy victory in the Democratic primary on September 9, despite festering influence-peddling scandals, despite his embrace of corporate benefactors, and despite his lackluster support for the ever-popular medical marijuana. He faces only one traditional challenger, Fordham University law professor Zephyr Teachout.

Credico campaign ad in The Nation magazine
But he also faces the insurgent candidacy of comedian, satirist, political gadfly, and perennial candidate Randy Credico, who bills himself as "the most progressive candidate since FDR" and who is running on an anti-corporate and pro-drug reform platform. That's nothing new for Credico, who has long been active in the Rockefeller drug law repeal movement, the prison reform movement, and other progressive social movements.

"Cuomo's father built 37 prisons, Teachout's father [a judge] sends people to prison, my father went to prison -- I know what it does to families," Credico said, beginning to sketch out not only the policy differences but the life experiences that sets him apart from the other contenders.

Credico's father did 10 years in Ohio for a nonviolent offense, the candidate explained.

Credico lays out his platform on the home page of his campaign web site, and it is the stuff of a populist backlash to both overweening corporate control and the state's alive-and-kicking prison/law enforcement industrial complex.

Keeping to the FDR comparison, he calls for "A New Deal for New York" to "Tax Wall Street, Not Main Street," bring "Benefits for the average person," "Clean up City Hall and policing," and "Build infrastructure to create jobs." The platform calls for taxes on the sales of stocks, bonds, and derivatives, income-based real estate taxes, and a more progressive income tax, as well as raising the minimum wage to $15 an hour, lowering subway fares and other transit tolls, and providing Medicare for all.

But his drug policy platform is also something to behold, and goes well beyond the baby steps taken by even the most progressive mainstream politicians. His criminal justice planks include:

  • legalize marijuana;
  • close Attica prison;
  • ban racial profiling and end stop and frisk;
  • end the Rockefeller drug laws; and
  • direct election of all criminal judges.

The Candidate (credico2014.com)
"I'm for decriminalizing all drugs and legalizing marijuana," Credico told the Chronicle Monday. "I'm not sure if the state is ready for legalizing cocaine and heroin, but I can't believe methadone is better than heroin. We ought to be transforming Rikers Island from a penal colony to a center for job training, education, and treatment. When Attica exploded, there were only 10,000 people in the state prison system; now there are 10,000 on Rikers alone."

[Editor's Note: The 1971 Attica state prison riot left 43 people dead, including 10 guards, and was a spark for the prisoners' rights movement of the 1970s.]

Although the draconian Rockefeller drug laws have been reformed in recent years and the prison population has declined somewhat -- from an all-time high of 95,000 at the end of 2006 to just over 81,000 at the end of June -- there are still more than 10,000 people serving prison time for drug offenses, or, as Credico notes, more than there were people in prison for anything 40 years ago.

"This is happening under the purview of Democrats," he said. "Attorney General Eric Schneiderman walked with us against the Rockefeller laws, but he's been captured by the powers that be and has ignored any calls for further reform, not just of the drug laws, but also of odious prison conditions."

Once upon a time, political candidates had to deny ever having smoked marijuana. Then, one famously denied ever having inhaled. Now, they admit to having used, but brush it off as a youthful indiscretion from their wild school days. Not Credico.

"I've admitted being a pot smoker," he said. "Not every day, but it's been good for me. I smoked and I inhaled, and I believe marijuana is better for you than e-cigs. People should have access to it. It's better than drinking or doing blow," he added.

But Credico even argues that he should have the right to do blow, if that's what he wants to do.

"I can eat Ritalin, I can gobble down all those pharmaceuticals, but if somebody shows up with some pure Bolivian, I want to try that. That's against the law? Who is responsible for that, and who is enforcing it? Nobody gives a shit if I smoke a joint or do a line," he declared.

At a forum at the New York Society for Ethical Culture (credico2014.com)
Of course, that could be because Credico is a middle-aged white guy. But New York City, Credico's home, is infamous for its arrests of tens of thousands of young black and brown city residents each year on marijuana charges, and Credico, of course, is aware of that.

"All the kids I see getting arrested are black. It's against the law to smoke pot -- if you're black," he scoffed.

"They arrest 50,000 kids for smoking pot, but I smoked it at the state capitol, and they wouldn't arrest me," he said. "We have 55,000 homeless people in this city, 20,000 homeless kids. Just think what we could do if marijuana was legal and taxed and we used it to rebuild the infrastructure and create low cost housing. Instead, he keep arresting brown and black kids."

Credico's campaign is low-budget, but he's using tactics honed by years of activism to get his message out. He travels to events throughout the city and state and works crowds -- many of whom already know him from his years of activism around prison issues.

"I'm focusing on the projects; that's where I'm getting my support," he said. "People are tired of the marijuana arrests, the abuse by police. We need a state law banning racial profiling. We're supposed to be the guiding light of the nation, and we don't have a racial profiling law."

Credico is using social media to the best advantage he can. He's produced an award-winning documentary, Sixty Spins Around the Sun, to explain how he's gotten to the point where he's spending his 60th year trying to unseat a powerful incumbent governor, and he's got a Facebook campaign page.

Over the weekend, he penned a piece for the Huffington Post, "Is New York Ready for a Governor Who's Ready to Inhale?", but when it comes to mainstream media attention, he feels like the Rodney Dangerfield of New York politics.

"I don't get no respect," he intoned. "I'm running against two people from the ruling class."

But at least he was on his way to do an interview with NY 1, one of the city's 24-hour cable news channels. And the campaign continues.

(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.)

NY
United States

Chronicle AM -- August 11, 2014

Germans march for marijuana, Washington state takes in a million in taxes from the first month of pot sales, New Mexico local decriminalization initiatives struggle to make the ballot, Central Florida cops make a bunch of small-time drug busts, a new poll has some old results on the success of the drug war, and more. Let's get to it:

Poster for last Saturday's Hemp Parade (Hanfparade) in Berlin.
Marijuana Policy

$3.8 Million in Marijuana Sales in Washington's First Month. The Washington State Liquor Control Board reported last Friday that the first month of legal marijuana retailing generated $3.8 million in gross sales. The state expects to collect about $1 million in tax revenues from the sales. That's about half of what Colorado did in its first month, but Washington is off to a slower start, with only 18 stores selling weed in July.

Gavin Newsom Says He Will Support Marijuana Legalization on 2016 California Ballot. California Lt. Gov. Gavin Newsom (D) says he will support whatever marijuana legalization initiative makes the ballot in 2016. That will probably be the one he is working on as part of a California ACLU task force studying legalization. The task force hopes to release a report on the issues around legalization by year's end.

Santa Fe Decriminalization Initiative Hands in More Signatures. After coming up short after their first signature hand-in, ProgressNow New Mexico and Drug Policy Action, the campaign arm of the Drug Policy Alliance, the sponsors of the Santa Fe decriminalization initiative, handed in additional signatures last Friday. The ballot initiative calls for making the penalty for possession of an ounce or less of marijuana and possession of marijuana-associated paraphernalia a civil infraction punishable by a fine of no more than $25.

Albuquerque Decriminalization Initiative Comes Up Short on Signatures. Sponsors of an Albuquerque decriminalization initiative -- the same folks involved in the Santa Fe initiative -- came up with only 9,172 valid voter signatures, short of the 14,218 needed to qualify for the ballot. The city had originally said they needed only 11,000 signatures, and there was talk of legal action if sponsors met the original goal, but they didn't even manage to do that.

Medical Marijuana

Northern Arizona University Rejects Dr. Sue Sisley Medical Marijuana Research Proposal. Dr. Sue Sisley, who was fired by the University of Arizona over what she says is her support medical marijuana, has lost a bid to do her study at the University of Northern Arizona. She had received FDA approval and a $1 million grant from the Multidisciplinary Association for Psychedelic Studies to study its effects on PTSD in veterans, but that study is now in limbo until she finds a new home for it.

Guam to Vote on Medical Marijuana Initiative in November. The Guam Electoral Commission last Thursday approved putting the Joaquin "KC" Concepcion II Compassionate Cannabis Use Act of 2013 on the November ballot. The act would allow for the creation of medical marijuana dispensaries, with regulations and rules to be developed later by a government commission. The commission had balked at the move, but a Guam Supreme Court decision earlier last week said the legislature has the right to put measures before the voters. Under Guam law, the referendum must get more than 50% of the voters of all voters who vote in the general election, not just a simple majority.

Clock Ticking on Oklahoma Medical Marijuana Initiative. Oklahomans for Health, the group behind the state's effort to get a medical marijuana initiative on the November ballot, is running out of time. The group has until Friday to turn in 150,000 valid voter signatures, but it has so far gathered only 120,000 raw signatures. With a typical disqualification rate of 20-30%, the group would likely need more than 200,000 raw signatures to make the ballot.

Illinois Medical Marijuana Licensing Starts Next Month. Patients and caregivers wanting to enroll in the state's medical marijuana program can begin applying for licenses on September 2, state officials said last Friday. Application materials are available at the web site for the Medical Cannabis Pilot Program.

Utah Issues First Registration Cards for High-CBD Cannabis Oil Treatment. The Department of Health has issued registration cards to 11 patients for its new program allowing people with severe epilepsy to use high-CBD cannabis oil. People with the cards can legally possess high-CBD cannabis oil, but they will have to get it out of state. The main producer of the extract, next door in Colorado, has a lengthy waiting list.

Drug Policy

Rasmussen Poll: 84% Say War on Drugs is Being Lost. A new Rasmussen Poll finds that 84% believe the nation is losing the war on drugs. Only 3% though it was winning. Americans are split on financing the drug war, with one third saying we're spending too much, 29% saying not enough, 17% saying spending levels are about right, and 22% unsure. The poll also has Americans split down the middle on marijuana legalization, with 43% for and 43% against. Click on the link for more details.

Law Enforcement

Polk County, Florida, Narcs Make String of Petty Drug Busts. The Polk County Sheriff's Department narcotics unit, the joint state-federal High Intensity Drug Trafficking Task Force, and Haines City Police combined to make a string of drug busts last week, arresting 17 people. But a perusal of the charges shows that they were primarily low-level. Twelve of the charges involved simple drug possession, most of them for marijuana, and many of them with the additional charge of being within 1,000 feet of a church. Most of the other charges were for small-time marijuana sales, again within 1,000 feet of a church. A handful of the arrests also involved other drugs, usually for possession or small-time sales. The arrests appeared to target the local African-American community.

International

Thousands March for Marijuana in Germany. Thousands of people calling for marijuana legalization marched through Berlin on Saturday for the city's annual Hemp Parade (Hanfparade). This year's slogan was "Green Light for Legalization," with marchers hoping legalization in Uruguay and two US states will lead to the same in Germany.

Will Supreme Court Cell Phone Search Ruling Apply Retroactively? [FEATURE]

special to the Chronicle by investigative reporter Clarence Walker, cwalkerinvestigate@gmail.com

On June 25, the US Supreme Court handed down a resounding landmark ruling in two separate high profile criminal cases, requiring police to first get a warrant to search a person's cell phone. The ruling is a major victory for the privacy rights of millions of cell phone users, with the Supreme Court working to update Fourth Amendment search and seizure law to keep pace with technological advances.

According to a January Pew survey, 90% of American adults have cell phones and 58% have smart phones.

Cell phones are "such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy," Chief Justice John Roberts wrote in his opinion. "Cell phones and smart phones with extensive memory can store millions of pages of personal texts, hundreds of photos and videos, which can form a revealing biography of a person's life, and that the Fourth Amendment must protect personal, private possessions. A cell phone search would typically expose to the government far more than the exhaustive search of a house."

In its unanimous decision, the court rejected the Obama administration's argument that "cell phones are no different from anything else a person may be carrying when arrested, and that cell phones are now critical to tools in the commission of a crime."

The decision came in two separate cases, US v. David Riley, a California man serving 15 years on charges of attempted murder and a gun charge, and US v. Brima Wurie, a Boston area man sentenced to federal pen for 22 1/2 years on drug related charges. The court consolidated the two cases in reaching its opinion.

The question now becomes whether the decision will be applied retroactively to thousands of similar prosecutions where defendants were convicted as result of warrantless evidence used against them that were taken from their cell phones or mobile devices. If retroactivity is granted, thousands of inmates could either go free, be granted a new trial, or face resentencing.

Attorney Orrin Kerr (gwu.edu)
Writing a commentary in the Washington Post, lawyer Orin Kerr, who serves as a professor at George Washington Law School, explained why the decision in the Wurie and Riley cases may not be made retroactive.

"The culprit is the continued expansion of the good faith exception in Davis v. US, where the Supreme Court ruled that the exclusionary rule is not available if a search was authorized by binding appellant precedent at the time the search occurred," he argued. "Lower courts have interpreted Davis to apply broadly even when no binding appellate precedent authorized the search. Therefore, under these cases, relatively few defendants will get the benefits of the Riley-Wurie rule."

In an interview with the Chronicle, San Diego appellate attorney Charles Sevilla largely agreed.

"The court seldom states whether its rulings are retroactive," he told the Chronicle. "And even if the reversals in Wurie's and Riley's cell phone convictions were applied retroactively to cases not yet final on appeal, the defendants must face a 'good faith' argument to request a new trial. A 'good faith' argument can be made, for example, when a police officer, relying on a warrant, finds incriminating evidence during a search, but the search warrant is later found to be invalid. The 'good faith' doctrine allows the use of that evidence if it were unlawfully obtained because the officer was acting in 'good faith,'" he explained.

"Evidence should be suppressed only if it can be said that the law enforcement officer had knowledge a search was unconstitutional under the Fourth Amendment," Sevilla added, citing Herring v. US. "If the police, during prior cell phone searches, acted on case law allowing warrantless searches, then an officer's 'good faith' conduct will doom a suppression motion," Seville argued.

Of course, police usually deny knowingly conducting unlawful searches.

Sevilla also cited Davis v. US as another obstacle to retroactivity in cell phone search cases. In that case, Illinois police arrested Willie Gene Davis for providing a false name, then searched his car and found an illegal weapon. An appeals court refused to throw out the warrantless search of Davis's car because the police only searched the immediate area.

Meanwhile Brima Wurie is scheduled to be resentenced on the drug charge that took his case to the Supreme Court. Because of the court's ruling in his case, the drugs and weapon found in his home after police searched Wurie's cell phone will not be considered, but he's still facing serious time.

"As a repeat offender, Mr. Wurie will still face 20 years from the feds on the original drug case," Wurie's appellate public defender, Ian Gold, told the Chronicle. "So the reversal of Wurie's conviction is largely symbolic without much benefit."

The Supreme Court minced no words in separating such devices from other property a person might have on them when detained by police.

"Modern cell phones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse," Chief Justice Roberts wrote. "The Fourth Amendment protects against unreasonable search and seizure."

The ruling will certainly apply to searches of tablets, laptop computers, and may even apply to digital information held by third parties like phone companies.

"The fact that technology now allows an individual to carry such information in his hands does not make the information any less worthy of the protection for which the Founders fought," Roberts wrote. "Our answers to the question of what police must do before searching a (cell phone seized incident to an arrest) is accordingly simple -- get a warrant."

"I believe the court got it right," said Lewis Rice, a retired DEA Special Agent in Charge of the agency's New York Office. "The court must balance our right of privacy against law enforcement's ability to aggressively investigate criminal organizations."

Attorney Charles Sevilla (charlessevilla.com)
Rice points out the vital fact that although law enforcement generally needs a warrant, the Supreme Court ruling does allow a warrantless search of a mobile device depending on the immediate situation.

"The court left open the option for law enforcement, under exigent circumstances, to search a cell phone without a warrant," he told the Chronicle.

Still, the decision in Wurie and Riley is already having an impact.

In Michigan, Kent County Circuit Court Judge Mark Trusock tossed felony drug charges against 29-year-old Matthew Macnaughton on July 16 after Macnaughton's attorney successfully brought up the Wurie and Riley decision.

Grand Rapids police had stopped Macnaughton for running a red light, and the officer decided to arrest him for driving without a license. While Macnaughton sat in the rear seat of the patrol car, the officer examined Macnaughton's smart phone just when a text message from a person came across the screen asking to buy drugs.

"What kind of phone is this?" the cop asked. "You must be a drug dealer."

Macnaughton's attorney, Chris Wirth, argued that per the Supreme Court decision, digital contents of a cell phone cannot be searched in the course of a routine arrest, and that there were no circumstances requiring immediate action. Prosecutor argued that Macnaughton's case didn't apply to the Wurie-Riley decision because Macnaughton's arrest ocurred in February -- prior to the high court handing down the cell phone decision -- but that didn't stop Judge Trusock from tossing the case.

Still, while Macnaughton may have beaten the drug rap, the state still got its pound of flesh. The prosecutor's office seized his 2005 Lincoln Aviator and over $3,000 dollars the police took off him during the arrest.

The DEA appears resigned to live with the Supreme Court ruling, a Justice Department spokeswoman's remarks seem to indicate.

"The Department will work with its law enforcement agencies to ensure full compliance with this Supreme Court decision," spokeswoman Ellen Canales told the Chronicle. "We will make use of whatever technology is available to preserve evidence on cell phones while seeking a warrant, and we will assist our agents in determining when exigent circumstances or another applicable exception to the warrant requirement will permit them to search the phone immediately without a warrant."

But while the DEA is looking forward, defendants and defense attorneys are looking back -- and wondering whether they decision won't bring some relief.

Chief Justice John Roberts (supremecourt.gov)
State and federal courts expect to review tons of motions for new trials from numerous lawyers representing defendants already convicted on crimes related to warrantless cell phone evidence, now that the Supreme Court has ruled the practice violates search and seizure law.

"There probably will be a good deal of litigation over whether this decision can be applied retroactively," San Francisco attorney Dennis Riordan told the Los Angeles Times.

Privacy advocates and civil libertarians are also hoping the Supreme Court ruling in Wurie and Riley will have a role in deciding controversial cases making their way through the lower courts, whether it's cell phone location data tracking or the Obama administration's NSA spy surveillance program.

"When it comes to the Fourth Amendment, we want courts to ensure this important legal protection survives the rapid technological changes of the 21st Century," Hanni Fakoury, a staff attorney for the Electronic Frontier Foundation told the Chronicle.

The cell phone rulings in the Wurie and Riley cases are only the latest landmark decisions to strike a balance between privacy protections and the evolving role. In Kyllo v. US, the high court ruled that police must obtain a warrant before using thermal imaging devices on homes, while in US v. Jones, the high court overturned the life-without-parole drug conspiracy conviction against Antoine Jones, in which FBI agents and Maryland narcotics officers placed a GPS tracking device on his vehicle for nearly a month without obtaining a search warrant.

Still, while Jones won the case, he didn't win his freedom. After three federal prosecution, including two hung juries and one with the conviction overturned, Jones chose to agree to a plea deal with federal prosecutors rather than face another chance at life in prison with yet another trial.

In a letter from prison, where he is working on a book about his experiences, Jones had something to say about the cell phone decisions.

"The courts are constantly sending a message to police that they're not willing to give them that much power and control. This is a good thing because the police need to be governed by the courts, and the courts should maintain the power to determine when a search warrant is necessary," he wrote. "The police are being either lazy, or they try to circumvent the law when courts rules in favor of protecting constitutional rights."

It is ironic indeed that, as the US government grapples with the NSA and Edward Snowden spying scandals, it took the case of two convicted felons to get the Supreme Court to protect the privacy of millions of Americans who use cell phones containing reams of data about their private lives. The irony is only deepened when we consider that Brima Wurie and David Riley won't benefit much from this historic ruling.

Washington, DC
United States

Chronicle AM -- August 6, 2014

DC will vote on legalizing marijuana possession and cultivation, two more Michigan towns vote to decriminalize, Maine's governor unveils a plan to force people with drug felonies to undergo drug tests before getting welfare benefits, an Austrian marijuana legalization initiative gets underway, and more. Let's get to it:

Marijuana Policy

DC Marijuana Initiative Makes November Ballot. The DC Board of Elections today officially certified for the November ballot an initiative that will legalize the cultivation and possession of small amounts of marijuana. DC now joins Alaska and Oregon in voting on marijuana legalization. The campaign needed some 23,000 valid voter signatures to qualify for the ballot. It had turned in more than twice that number of raw signatures.

Advocates Launch Vermont Coalition to Regulate Marijuana. The Marijuana Policy Project has formed the Vermont Coalition to Regulate Marijuana in a bid to influence the legalization debate there. The state legislature has authorized a study of the issue, but the coalition has been formed "to make sure we get the entire state talking about the potential benefits of marijuana regulation." [Editor's Note: The web site in the title link doesn't appear to be live yet, but should be soon.]

Two Detroit Suburbs Vote to Decriminalize Pot Possession. Residents of the Detroit suburbs of Hazel Park and Oak Park voted Tuesday to approve municipal charter amendments decriminalizing the possession of up to an ounce of marijuana. Nine other Michigan cities, including Detroit, have done the same since 2010. Another dozen or so will likely vote on similar initiatives this fall.

Medical Marijuana

New Mexico Veteran Sues Employer for Wrongful Firing. A veteran and licensed physician's assistant who is enrolled in the state's medical marijuana program is suing Presbyterian Health Care Services after being fired for testing positive for marijuana. When she provided them with her state-issued medical marijuana card, they informed her that they did not recognize it and that her termination would stand. The lawsuit has just been filed in state court for violation of the New Mexico Human Rights Act (NM Statute § 28-1-7).

Drug Testing

Maine Governor Announces Plan to Drug Test Convicted Drug Felons Who Apply for Welfare. Gov. Paul LePage (R) announced today that the state will start forcing people with drug felonies to undergo and pass drug tests before they can apply for or receive welfare benefits. The move is authorized under a 2011 law that had never been implemented. LePage and legislative allies had tried to pass a bill mandating drug testing for all welfare recipients, but failed. LePage is making welfare his signature issue as he runs for re-election. Both of LePage's opponents in the governor's race, Democrat Mike Michaud and independent Eliot Cutler, also said they support testing for drug felons.

International

Austrian Marijuana Legalization Initiative Campaign Gets Underway. The group Legalize! Austria today filed a parliamentary citizen's initiative to remove marijuana from the scope of the Austrian Narcotics Act, which would effectively legalize it. The measure calls for marijuana to be sold, taxed, and regulated through licensed distributors, with an exception for personal cultivation.

(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.)

DC Marijuana Initiative Makes November Ballot

The DC Board of Elections today officially certified for the November ballot an initiative that will legalize the cultivation and possession of small amounts of  marijuana. DC now joins Alaska and Oregon in voting on marijuana legalization this fall.

The board certified Ballot Initiative 71, sponsored by the DC Cannabis Campaign. The campaign needed some 23,800 valid voter signatures to qualify for the ballot. It had turned in more than twice that number of raw signatures.

The initiative will allow adults 21 and older to possess up to two ounces of marijuana and cultivate up to six plants -- with no more than three being mature -- in their private residences. Adults will also be allowed to give away up to an ounce of marijuana, but any sales would still be criminal. The initiative will also remove penalties for using and selling marijuana paraphernalia.

Because DC law forbids taxation through the initiative process, the initiative does not create a system of taxed and regulated marijuana sales. If the initiative passes, it will be up to the DC city council to take the final steps toward full-blown legal marijuana commerce in the nation's capital.

"It is clear from the number of signatures the campaign was able to submit that the citizens of the district would like to have a say in reforming the marijuana laws of the District," said Dr. Malik Burnett, vice-chair of the DC Cannabis Campaign and the DC Policy Manager for Drug Policy Action, the lobbying and campaign arm of the Drug Policy Alliance. "The policies of prohibition in the District have been borne on the backs of black and brown men for decades, by voting YES on 71, District residents can put an end to this failed policy."

"This initiative comes at a great time and in a great place," said Major Neill Franklin (Ret.), executive director of Law Enforcement Against Prohibition. "The District has one of the country's highest rates of racial disparities in arrest and is right at Congress's doorstep, where more and more political leaders from both sides of the aisle are beginning to follow their constituents in recognizing that drug policy reform is one of the most effective ways to address the problems of our current criminal justice system."

According to an ACLU report released last year, Washington, DC has the highest arrest rate for marijuana possession in the country, with blacks more than eight times as likely as white to be arrested, despite similar rates of use.

Led by longtime DC political activist Adam Eidinger, the DC Cannabis Campaign counted on support of local citizens, Drug Policy Action, and Dr. Bronner's Magic Soaps to come up with the money to make the ballot. Now, it's on to winning in November.

Washington, DC
United States

End the Drug War "For the Kids" Coalition Forms [FEATURE]

In a move precipitated by the child immigration border crisis, but informed by the ongoing damage done to children on both sides of the border by law enforcement-heavy, militarized anti-drug policies, a broad coalition of more than 80 civil rights, immigration, criminal justice, racial justice, human rights, libertarian and religious organizations came together late last week to call for an end to the war on drugs in the name of protecting the kids.

The failures of the war on drugs transcend borders. (wikimedia.org)

"The quality of a society can and should be measured by how its most vulnerable are treated, beginning with our children," said Asha Bandele of the Drug Policy Alliance, the organization that coordinated the letter. "Children have every right to expect that we will care for, love and nurture them into maturity. The drug war is among the policies that disrupts our responsibility to that calling."

The groups, as well as prominent individuals such as The New Jim Crow author Michelle Alexander, signed on to a letter of support for new policies aimed at ending the war on drugs.

"In recent weeks," the letter says, "the plight of the 52,000 unaccompanied children apprehended at the US border since last October, many of whom are fleeing drug war violence in Central America, has permeated our national consciousness. The devastating consequences of the drug war have not only been felt in Latin America, they are also having ravaging effects here at home. All too often, children are on the frontlines of this misguided war that knows no borders or color lines."

Organizations signing the letter include a broad range of groups representing different issues and interests, but all are united in seeing the war on drugs as an obstacle to improvement. They include the Black Alliance for Just Immigration, Center for Constitutional Rights, the Institute of the Black World, Presente.org, Students for Liberty, United We Dream, the William C. Velasquez Institute, and the Working Families Organization. For a complete list of signatories, click here. [Disclosure: StoptheDrugwar.org, the organization publishing this article, is a signatory.]

In the past few months, more than 50,000 minors fleeing record levels of violence in the Central American countries of El Salvador, Guatemala, and Honduras have arrived at the US border seeking either to start a new life or to reconnect with family members already in the country. The causes of the violence in Central America are complex and historically-rooted, but one of them is clearly the US war on drugs, heavy-handedly exported to countries throughout the Western Hemisphere in the past several decades.

Those northern Central American countries -- the so-called Northern Triangle -- have been especially hard hit by drug prohibition-related violence since about 2008, when, after the US helped Mexico bulk up its war on the drug cartels via the $2.4 billion Plan Merida assistance package (President Obama wants another $115 million for it next year), the cartels began expanding their operations into the weaker Central American states. Already high crime levels went through the roof.

Honduras's second largest city, San Pedro Sula, now has the dubious distinction of boasting the world's highest murder rate, while the three national capitals, Guatemala City, San Salvador, and Tegucigalpa, are all in the top 10 deadliest cities worldwide. Many of the victims are minors, who are often targeted because of their membership in drug trade-affiliated street gangs (or because they refuse to join the gangs).

Protesting for schools, not prisons in California (Ella Baker Center)
The impact of the war on drugs on kids in the United States is less dramatic, but no less deleterious. Hundreds of thousands of American children have one or both parents behind bars for drug offenses, suffering not only the stigma and emotional trauma of being a prisoner's child, but also the collateral consequences of impoverishment and familial and community instability. Millions more face the prospect of navigating the mean streets of American cities where, despite some recent retreat from the drug war's most serious excesses, the war on drugs continues to make some neighborhoods extremely dangerous places.

"In the face of this spiraling tragedy that continues to disproportionately consume the lives and futures of black and brown children," the letter concludes, "it is imperative to end the nefarious militarization and mass incarceration occurring in the name of the war on drugs. So often, repressive drug policies are touted as measures to protect the welfare of our children, but in reality, they do little more than serve as one great big Child Endangerment Act. On behalf of the children, it is time to rethink the war on drugs."

Although the signatory groups represent diverse interests and constituencies, coming together around the common issue of protecting children could lay the groundwork for a more enduring coalition, said Jeronimo Saldana, a legislative and organizing coordinator for the Drug Policy Alliance.

"The idea was to get folks together to make a statement. Now, we have to figure out how to move forward. The letter was the first step," he said.

"The groups have been very positive," Saldana continued. "They're glad someone was speaking up and putting it all together. What's going on in Central American and Mexico is tied into what's happening in our own cities and communities. This crosses partisan lines; it's really obvious that the failed policies of the war on drugs affects people of all walks of life, and the images of the kids really brings it home. We hope to build on this to get some traction. We want folks to continue to make these connections."

Different signatories do have different missions, but a pair of California groups that signed the letter provide examples of how the drug war unites them.

Child refugee in a US border detention facility (presente.org)
"We have a history of working on behalf of youth involved in the criminal justice system and their families," said Azadeh Zohrabi, national campaigner for the Oakland-based Ella Baker Center for Human Rights. "We see desperate families trying to stay connected, strong, and healthy, but mass incarceration is really making that difficult. We work both with families whos kids are involved in the justice system and with families with one or both parents in prison or who have lost custody of their kids because of their involvement in the criminal justice system," she explained.

"We are working to combat this, and we think the war on drugs overall has had disastrous consequences for families, both here and abroad," Zohrabi continued. "The trillions poured into policing and militarization has just produced more misery. It's time for drugs to be dealt with as a public health issue, not a crime."

"We signed on because the letter is very clear in addressing an important component of the discussion that hasn't really been out there," said Arturo Carmona, executive director of the Latino social justice group Presente.org. "This crisis on the border is not the result of deferring actions against immigrant child arrivals, as many right-wing Republicans have been saying, but is the result of one of the most deadly peaks in crime and violence in the Northern Triangle in recent memory," he argued.

"The violence there is one of the main push factors, and when we talk about this in the US, it's critical that we acknowledge these push factors, many of which are connected to the war on drugs," Carmona continued. "You'll notice that the kids aren't coming from Nicaragua, where we haven't been supporting the war on drugs, but from countries that we've assisted and advised on the drug war, where we've provided weaponry. This is very well-documented."

While Presente.org is very concerned with the immigration issue, said Carmona, there is no escaping the role of the war on drugs in making things worse -- not only in Central America and at the border, but inside the US as well.

"We're very concerned about the chickens coming home to roost for our failed war on drugs policy," he said. "The American public needs to be made very aware of this, and we are starting to see a greater understanding that this is a failed policy -- not only in the way we criminalize our young Latino and African-American kids here in the US, but also in the way this policy affects other countries in our neighborhood. As Nicaragua shows, our lack of involvement there has seen a lower crime rate. Our military involvement through the drug war is an abysmal failure, as the record deaths not only in Central America, but also in Mexico, shows."

Chronicle AM -- August 4, 2014

Sentencing reform bills look to be picking up steam in Congress, Massachusetts is expanding drug courts, Tennessee's welfare drug test law generates unimpressive results, drug reform conferences are coming in Latin America, and more. Let's get to it:

Oregon drug court (co.washington.oregon.us)
Marijuana Policy

Toledo, Ohio, Decriminalization Initiative Campaign Hands in Signatures. Backers of a Toledo municipal decriminalization initiative handed in some 13,000 signatures Monday. They need 6,000 valid signatures to qualify for the November ballot. The campaign is being led by Northwest Ohio NORML.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up Cosponsors. The bill, House Resolution 5226, would exclude low-THC therapeutic cannabis oil from the definition of marijuana under the Controlled Substances Act. It was filed with three cosponsors, and picked up seven more late last week. There are five Democrats and five Republicans now sponsoring it.

Sentencing

Senate Smarter Sentencing Act Picks Up New Cosponsor. The bill, Senate Bill 1410, would allow federal judges to sentence below mandatory minimums in some cases, apply adjusted crack cocaine sentences to people after the passage of the 2010 Fair Sentencing Act, as well as other sentencing reform provisions. The latest cosponsor is Sen. Elizabeth Warren (D-MA). The bill now has 31 cosponsors -- 23 Democrats, two independents, and six Republicans.

House Smarter Sentencing Act Picks Up New Cosponsor. The bill, House Resolution 3382, is identical to the Senate version above. The latest cosponsor is Rep. Betty McCollum (D-MN). The bill now has 49 cosponsors -- 35 Democrats and 14 Republicans.

House Second Chance Reauthorization Act Picks Up New Cosponsor. The bill, House Resolution 3465, introduced by Rep. James Sensenbrenner (R-WI), amends the Second Chance Act of 2007 to allow for funding for grants for family-based drug treatment and for drug treatment and criminal justice collaboration for people leaving prison. The latest cosponsor is Rep. Marc Veasey (D-TX). The bill now has 40 cosponsors -- 33 Democrats and seven Republicans.

Drug Testing

Tennessee Welfare Drug Testing Law Screens 800 Applicants; One Fails Drug Test. In the first month that the new welfare drug screening and testing law went into effect, 812 applicants were asked to submit to screening for evidence of possible drug use. Four refused the initial screening, a series of questions about drug use. After initial screening, only six people were asked to submit to drug tests in order to receive benefits. Five out of the six passed. One failed the drug test.

Asset Forfeiture

Civil Asset Forfeiture Reform Act Picks Up Cosponsor. The bill, House Resolution 5212, was introduced late last week by. Rep. Tim Wahlberg (R-MI). It would raise the standard of proof necessary for the government to seize property and reinstate due process so the government is required to prove a property owner's involvement in criminal activity. It now has a cosponsor, Rep. Renee Elmers (R-NC).

Law Enforcement

Massachusetts to Expand Drug Courts. Faced with an increase in heroin overdoses and opiate addiction, the state will add five drug courts to the 21 it currently has. Drug reformers criticize drug courts as not the answer for dealing with people whose only "crime" is their drug habit.

International

Mexican State Moves to Limit Coverage of Violent Crime. The state of Sinaloa, home to -- you guessed it -- the Sinaloa Cartel, has barred reporters from covering the violence there. The state congress last Thursday approved a law that restricts journalists to official government press releases for crime information and bans them from inspecting the scene, taking any photos or videos, or recording audio on-site.

Uruguay Solicits Bids for Marijuana Growers. Would-be marijuana growers in Uruguay have until August 18 to submit bids for licenses to grow pot at government-run fields and then sell it to consumers. The government there will license up to five growers.

Colombia Drug Reform Conference Later This Month. A drug reform conference will be held in Bogota on August 14 and 15. The conference is "Drug Policy 25 Years After the Death of Luis Carlos Galan: How Much Have We Advanced?" The Drug Policy Alliance's Ethan Nadelmann and Dr. Carl Hart will be there, as will numerous Colombian and other Latin American presenters and participants. Click the title link for more details.

Fifth Annual Latin American Drug Reform Conference in Costa Rica Next Month. The hemispheric conference will be held in San Jose on September 3 and 4. The conference will also include the First Annual Central American Drug Reform Conference. Click on the title link for lots more information.

Denmark's Liberal Alliance Calls for Drug Decriminalization. The opposition Liberal Alliance called at its summer meeting Sunday for the decriminalization of the possession of all drugs, increasing the use of medical marijuana in the national health sector, and continuing the safe injection site initiative. "We know that it doesn't help to punish people for being in possession of drugs," said party leader Anders Samuelson. "We are not talking about a total liberalization of drug dealing. It should still be illegal to sell drugs, but not to be in possession of them." The proposal is not winning support from other political parties.

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