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Chronicle AM -- May 22, 2014

A new poll suggests Vermont is ready to legalize it, and so is the mayor of Rome, a San Francisco crack pipe exchange is set to expand, a West Virginia county's latest grand jury indictments shine a light on drug war in the Appalachians, Bermuda marijuana growers want an emergency exemption for medical marijuana, and more. Let's get to it:

Bermuda-grown cannabis indica await patients there. (Alan Gordon)
Marijuana Policy

Vermont Poll Has 57% Support for Legalization, Taxation, and Regulation. A new poll from the Castleton Polling Institute has 57% of respondents saying they would support legalizing marijuana for adults, taxing it, and regulating it like alcohol. Only 34% were opposed. The poll has +/- 4% margin of error. The Vermont legislature approved a bill in April that includes an amendment initiating a study to evaluate the potential impact of making marijuana legal for adults and regulating it similarly to alcohol. Gov. Peter Shumlin (D) is expected to sign it into law.

Medical Marijuana

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

Harm Reduction

San Francisco's Crack Pipe Exchange Program to Expand. A crack pipe exchange program operated by volunteers from the Urban Survivors Union, a drug users' rights group, is set to expand even though the city won't condone or fund the program. Volunteers have been distributing about 50 clean crack pipes a week in the Tenderloin, SOMA, and Polk Gulch neighborhoods, even though city officials say there is no evidence it is an effective harm reduction measure. Seattle is the only other city in the country with a similar program.

Sentencing

Federal Smarter Sentencing Act Picks Up Another Sponsor. Rep. David Price (D-NC) has become the latest representative to endorse the Smarter Sentencing Act of 2013 (House Resolution 3382). The bill would reduce some drug mandatory minimums, allow judges greater leeway to sentence beneath the mandatory minimum, and allow for reduced sentences for crack offenders whose offense took place before passage of the Fair Sentencing Act of 2010. Price is the 32nd cosponsor and the second this week.

Law Enforcement

In One West Virginia County, Drugs Dominate Grand Jury Indictments. Holy hydrocodone, Batman! The Fayette County grand jury in West Virginia has just released its May batch of bills of indictment, and 71 out 101 of them were for drugs and related charges. There are a whole lot of "conspiracy" and "possession with intent to distribute" charges, too. The indictments don't specify which drugs were at play, but there are a bunch of "obtaining a controlled substance by misrepresentation, fraud, or forgery" charges as well, and a handful of meth lab charges. Click on the link for the whole list.

International

Mayor of Rome Says Legalize It. Rome Mayor Ignazio Marino said Wednesday he supports legalizing marijuana in Italy. "I am in favor of the possibility of deregulating cannabis for medical or personal use," he told the 8th Annual Conference of the International Society for the Study of Drug Policy. "In 2011, more than one million plants were confiscated in our country compared to 73,000 in France," Marino continued. "Organized crime still manages large portions of international traffic and there are enough reasons to reopen the debate today in Italy. We live in a time in which reform for drug laws is necessary on an international and national level. For Italy I personally have a very clear idea of what needs to be done: the decriminalization of marijuana should be considered a starting point because the years of prohibition have not brought any results to prevent the dramatic increase in the use of drugs. In addition, new forms of legalization could be experimented with in medicine for people's health but also to target organized crime." Marino's comments come just weeks after the Italian parliament approved a new law amending the country's drug laws and treating marijuana as a "soft drug" with reduced penalties.

Portugal Soon to Get First Safe Injection Site. The Lisbon city council has approved the location for what would be Portugal's first "assisted consumption room" for drug users. Portugal approved safe injection sites several years ago, but left implementation up to local councils. None had moved to do so until now.

Bermuda Marijuana Growers Seek Emergency Amnesty for Medical Grows, Offer Up Over 50 Locally Available Varieties. Bermuda attorney and marijuana reform activist Alan Gordon, speaking on behalf of a collective of nearly two dozen Bermuda marijuana growers, called today for the government to act immediately to allow for the use of medical marijuana, as called for in last month's Cannabis Reform Collaboration report. "There is only one way to allow the immediate medical cannabis called for by the CRC Report," Gordon said. "We need to just do it instead of just shuffling paperwork. Eighty small medical grade cannabis trees are available to start, and over 50 medical cannabis strains currently on-island." Click on the title link to read more.

NORML Canada Conference This Weekend in Toronto. NORML Canada is holding its annual conference this weekend in Toronto. Click on the link for the details.

Indonesia's New Drug Treatment Over Prison Scheme Faces Challenges. In another excellent analysis from Asiancorrespondent.com, Patrick Tibke looks at Indonesia's progressive new guidelines for the "Processing of Drug Addicts and Drug Abusers into Rehabilitation Centers" and warns of the obstacles ahead in actually implementing such reforms. As he notes, the move was not new legislation, but simply gives a push to the country's 2009 Narcotics Law, which first allowed for the rehabilitation of drug users instead of their incarceration. Whether and how this will actually be implemented remains to be seen. It's a good, thorough read; click on the link for the whole thing.

California's Latinos Are Ready for Sentencing Reform, Poll Finds [FEATURE]

A bill that would significantly reform California's drug sentencing laws is poised for approval in the state Senate, and a new poll showing strong support for sentencing reform among Latino voters could help push it over the top.

California's prisons are still overcrowded. (supremecourt.gov)
Senate Bill 1010, the Fair Sentencing Act, would equalize the penalties for sale of crack and powder cocaine. Under current California law, crack offenses are treated more harshly than powder cocaine offenses. The bill would also equalize probation requirements and asset forfeiture rules for offenses involving the two forms of the same drug.

Sponsored by Sen. Holly Mitchell (D-Los Angeles), the bill passed the Senate Public Safety Committee last month and the Senate Appropriations Committee last week. It now heads for the Senate floor. It needs to pass in its chamber of origin this month or it dies.

The bill is supported by dozens of community, religious, civil liberty, civil rights, drug reform, and other groups. It is opposed by the California Narcotics Officers Association and the California Police Chiefs Association.

Among Latino groups supporting the bill are the National Council of La Raza, the Coalition for Humane Immigrant Rights, Homies Unidos, the Latino Voters League, the Mexican American Legal Defense and Education Fund (MALDEF), and Presente.

The poll results released today by Latino Decisions help explain why these groups are supporting sentencing reform efforts and may even encourage them to redouble their efforts. They show strong support for sentencing reform among California's Latino electorate. The poll only sampled registered voters.

When asked if the state should minimize penalties for drug possession, but continue to hold drug sellers accountable, a whopping 69% said yes. The lowest level of support among any Hispanic demographic was 59% among 40-to-59-year-olds.

When asked if racial disparities in law enforcement were a serious or very serious problem, an even more overwhelming 82% said yes. Even among Latino Republicans, the demographic least likely to be concerned, the figure was at 57%.

A third question asked whether respondents favored penalties for personal drug possession of drug treatment, case by case referrals, or zero tolerance. Again Latino voters overwhelmingly supported treatment or case by case (79% combined) over zero tolerance (16%).

"We're very excited to see the results of this poll," said Arturo Carmona, executive director of Presente, during a teleconference announcing and analyzing the results. "It's very clear that the poll findings reaffirm that Latinos want drug sentencing reform and a fix to our broken justice system. If politicians want to mobilize the Latino vote, they need to support these issues. Over the coming weeks and months, Latinos and allied groups will be working to support common sense reforms like this bill."

That only makes sense, Carmona said.

another drug arrest in California. (wikimedia.org)
"These issues are having a significant impact on our society, our state, and increasingly, the Latino community," he argued. "The US imprisons more people than any nation in the world, mostly due to the war on drugs, and blacks and Latinos are far more likely to be criminalized than whites. When you add in the federal detention center population, Latinos now make up the largest federal prison population in the country."

Dr. Adrian Pantoja, a senior analyst with Latino Decisions, emphasized that the poll was of registered Latino voters.

"These are folks who are part of the political process," he said. "These are the Latinos who will be voting and helping to shape our politics. And among them, we have a rejection of war on drugs strategies and incarceration, with large majorities across the board supporting sentencing reform for drug possession and use."

"It's evident that the Latino community is in a state of crisis," said Armando Gudino, a policy associate with the Drug Policy Alliance. "This is the community most disproportionately impacted by the war on drugs and unprecedented levels of incarceration. Latinos are fully aware of this, and we've begun to shift toward more responsible policies seeking to remove or reduce criminal penalties."

The poll demonstrates that attitudes are changing in the Hispanic community, Gudino said.

"Latinos have traditionally been deemed a conservative group, but we see shifting attitudes, and we could well see support we haven't seen in the past," he noted. "The older generation is more conservative, but the community isn't homogenous, and the same can't be said about other groups within the community, who have already shifted toward favoring issues like decriminalization, medical marijuana, and the efforts around taxing and regulating marijuana. This poll demonstrates that the Latino community is increasingly involved, informed, and willing to make changes."

"Latinos are now a majority in California, we have a seat at the table, and it's critical we're part of this conversation," said Mike De La Rocha, director of strategic partnerships for Californians for Safety and Justice. "Latinos are poised to have a voice in how we address crime and public safety. We understand our approach to crime isn't working, and we're finding our voice in these criminal justice debates."

Chronicle AM -- May 20, 2014

The organized opposition in Alaska gets a donation, medical marijuana is finally moving in the New York Senate, the Fair Sentencing Act picks up another sponsor, there's more violence in Mexico, and more meth in Asia, and more. Let's get to it:

Marijuana Policy

Alaska Group Opposed to Legalization Initiative Gets First Big Contribution. The organized opposition to Alaska's marijuana legalization initiative has received its first large cash donation. The group Big Marijuana, Big Mistake, Vote No on 2 received $25,000 from the Chenaga Corporation, an Alaska Native company. No word on how the Campaign to Regulate Marijuana Like Alcohol in Alaska is doing on fundraising, but it is backed by the Marijuana Policy Project.

Wyoming Legislator Campaigns for Reelection on Marijuana Legalization Platform. Rep. James Byrd (D-Laramie) is seeking a fourth term in the state legislature, and he said in an interview Monday that marijuana legalization, jobs, and education would be some of his leading priorities if he is reelected. This year, Byrd authored a bill to decriminalize possession in the Cowboy State. It was defeated, but he is carrying on unabashed.

Medical Marijuana

New York Medical Marijuana Bill Finally Moving in Senate; Wins Committee Vote. The state Senate Health Committee today narrowly approved Senate Bill 4406, the Compassionate Care Act. Similar bills have been approved by the Assembly in recent years, but this marks the first time the Senate has taken up the issue. If allowed to the Senate floor for a vote, the bill is expected to pass.

Sentencing

Federal Smarter Sentencing Act Picks Up Another Sponsor. And then there were 31; 19 Democrats and 12 Republicans. The latest cosponsor is Rep. Rick Larsen (D-WA). The bill, House Resolution 3382, would reduce some mandatory minimum drug sentences, allow judges to sentence below the mandatory minimum in some circumstances, and allow people sentenced under old crack cocaine laws to be resentenced. The bill has been stalled in a House Judiciary Committee subcommittee since January.

Law Enforcement

NSA, DEA "Blurring the Lines" Between War on Drugs and War on Terror. The latest article based on leaked documents from Edward Snowden, published by Glenn Greenwald and crew, shows how the NSA and the DEA have merged the war on drugs and the war on terror since the 2001 attacks on New York City and Washington, DC. The story details how the NSA recorded "virtually every" cell phone call in the Bahamas using a DEA "backdoor" to get into the Bahamian phone networks. The authors worry that if the NSA is using intelligence gained under the guise of fighting the war on drugs for counter-terrorism or other spying purposes, it could endanger the cooperation of host countries.

International

Rep. Sam Farr (D-CA) to Hold Briefing on Drug Policy in Latin America. There will be a briefing on the current state of drug policy in Latin America and potential implications for US policy hosted by Rep. Sam Farr (D-CA) at the Congressional Meeting Room South at 10:00am, Thursday, May 29. The panelists are Ambassador Paul Simons, executive director of the Inter-American Drug Abuse Control Commission of the OAS; John Walsh, senior associate for drug policy and the Andes at the Washington Office on Latin America; and Vanda Felbab-Brown, senior fellow at the Brookings Institute. For more information, contact Caitie Whelan in Rep. Farr's office.

More Drug War Violence in Mexico's Northeast. Another seven bodies have been discovered in the northeastern state of Tamaulipas, which is undergoing a renewed surge of violence as competing cartels fight with each other and the security services. The four men and three women were found Sunday night in an abandoned car in the port city of Tampico. More than a hundred people have been killed in the drug wars in Tamaulipas in the past month, and the federal government announced last week that it is stepping up operations in the state.

More Meth, More New Synthetics as Asia Becomes World's Largest Stimulant Market, UN Report Says. Asia is the world's largest market for stimulants, with methamphetamine seizures there tripling to at least 36 tons over the past five years, according to a new report from the UN Office on Drugs and Crime. The report, the Global Synthetic Drugs Assessment 2014, also found that new synthetic drugs -- or New Psychoactive Substances (NSPs) in UN-speak -- are expanding rapidly as well, and are often found in substances marketed as traditional amphetamines or Amphetamine Type Substances (ATSs).

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

Chronicle AM -- May 16, 2014

The DEA is in the hot seat, it looks like Minnesota will be the next medical marijuana state (but they won't be able to smoke it), California could actually get around to regulating its dispensary system, California voters will vote on whether to drug test doctors (!), the Russians are snarking about Afghanistan, and more. Let's get to it:

DEA administrator Michele Leonhart may be approaching her "sell by" date, and so may the agency she heads. (doj.gov)
Marijuana Policy

Federal Grand Jury Investigating Northern California County's "Pay to Plead Down" Program for Marijuana Defendants. Critics of the Mendocino County program that offers pot defendants a chance to cop a plea to a lesser charge in exchange for "sizeable restitution payments" call it the "Mendo shakedown." Under the program, defendants agree to pay $50 for each plant seized and $500 per pound, typically in exchange for a misdemeanor plea. It has generated $3.7 million in payments to local law enforcement agencies, and supporters say it is a way to reduce the logjam of marijuana cases, not subject local growers to harsh sentences, and compensate police for their marijuana enforcement work. Now, a federal grand jury is looking into it. The Santa Rosa Press-Democrat has a lengthy report; click on the link.

Medical Marijuana

California Medical Marijuana Regulation Bills Poised for Movement. Two bills seeking to bring some order to California's Wild West medical marijuana industry are set to move in coming days. Assembly Bill 1894, filed by Tom Ammiano (D-San Francisco) could get a floor vote in the Assembly before month's end, which it must do to stay alive. In the Senate, a similar -- but not a companion -- bill will go the Appropriations Committee on Monday. Senate Bill 1262, filed by Sen. Lou Correa (D-Santa Ana), also must pass out of its chamber of origin by the end of the month or it dies, too.

Minnesota Will Get Medical Marijuana, But Not Buds. Under a compromise reached by lawmakers Thursday, Minnesotans will get a medical marijuana bill, but they won't be able to smoke their medicine. They can only use it in the form of liquids, pills, or oils, and they can vape, but not smoke it. Both houses had passed bills last week, with the House version being more restrictive. Gov. Mark Dayton (DFL) said Thursday he will sign the compromise measure. That would make Minnesota the 22nd medical marijuana state.

New York Medical Marijuana Bill to Get Senate Committee Vote Tuesday. The long-stalled effort to pass a medical marijuana bill in the Empire State could take a big step forward Tuesday. That's when the Senate Health Committee will take up Senate Bill 4406. The Health Committee is only the first stop in the Senate, though; it must then pass the Senate Finance Committee before going to a Senate floor vote.

New York Republican Files No Smoking Medical Marijuana Bill. State Sen. Phil Boyle (R-Bay Shore) has filed a bill that would allow for the use of medical marijuana, but bar "delivery through smoking." The bill is Senate Bill 7509, and it could signal a possible compromise that Senate Republicans could get behind.

Oregon Circuit Court Judge Rules State Medical Marijuana Law Conflicts With Federal Law; Is Unenforceable. In a case involving the right of the city of Medford to revoke the business license of a dispensary, a Jackson County circuit court judge has ruled that the state's Oregon Medical Marijuana Act is "unenforceable" because it conflicts with federal law. Expect the decision to be appealed.

Drug Policy

DEA Head Chastened After Being Taken to the Woodshed Over Sentencing Remarks. DEA Administrator Michele Leonhart's lack of support for Obama administration mandatory minimum sentencing reforms at a congressional hearing last month got her a good talking to from her boss, Attorney General Eric Holder, The Huffington Post reports. She's been off the reservation on other issues as well, especially around the administration's relatively enlightened approach to marijuana policy, and just this week, her agency has been messing with Kentucky's effort to do legal hemp research. But it was her refusal to endorse changes in mandatory minimums that got her sent to the boss's office. Now, the DEA says Leonhart "supports the Attorney General's sentencing reform initiative."

Drug Policy Expert Mark Kleiman Says It May Be Time to Do Away With DEA. In the same Huffington Post piece cited above, drug policy expert and current advisor to the state of Washington on marijuana legalization implementation Mark Kleiman said that while, in the past, he opposed dissolving the DEA and splitting its function, he is changing his tune. "Any DEA administrator feels an organizational imperative to support the existing drug laws and sentencing structure, even when doing so means opposing the purposes of the attorney general and the president, as we see currently," Kleiman said. "So I'd be inclined to reconsider my former opposition to merging the DEA" and perhaps the Bureau of Alcohol, Tobacco, Firearms and Explosives, into the FBI. "That would allow the combined agency to turn the skills and aggression of today's DEA agents against gun traffickers, cigarette smugglers, and purveyors of political violence."

Drug Policy Alliance Calls for DEA Head to Resign. The Drug Policy Alliance has had enough of DEA head Michele Leonhart. Today, Bill Piper, the group's head of national affairs, called on her to resign. "For months Drug Enforcement Administration (DEA) Administrator Michele Leonhart has openly rebuked the drug policy reform policies of Attorney General Eric Holder and President Obama with one embarrassing statement after another," he wrote. "Now she is picking a fight with Minority Leader Mitch McConnell (R-Y) and other members of Congress over hemp. Meanwhile the Department of Justice's Office of the Inspector General has launched an investigation into multiple scandals plaguing the agency. It is clear that Leonhart lacks the ability to lead and should resign. Activists are using the Twitter hashtag #FireLeonhart." There's much more at the link.

Drug Testing

California Initiative to Drug and Alcohol Test Doctors Qualifies for November Ballot. An initiative that would require drug and alcohol testing of doctors and the reporting of a positive result to the state medical board has qualified for the November ballot. The Secretary of State's office announced yesterday that the Troy and Alana Pack Patient Safety Act of 2014 would also require that doctors be suspended pending investigation of a positive test and that the board take disciplinary action if the doctor was impaired while on duty. The measure also requires doctors to report other doctors they suspect of drug or alcohol impairment and requires health care practitioners to consult the state's prescription drug database before prescribing certain controlled substances.

Law Enforcement

No Drugs Found in Raid Where Texas SWAT Officer Was Killed. Oops. The pre-dawn, no-knock home invasion drug raid that ended up with one Killeen SWAT officer shot dead and three more wounded didn't find any drugs. Killeen Police Detective Charles Dinwiddie died trying to execute a search warrant after an informant said he had spotted "bags of cocaine" at the residence, but all the raiders came up with was a glass pipe. Dinwiddie is the second Texas law enforcement officer to die in a pre-dawn, no-knock drug raid in the past five months. A grand jury refused to indict the shooter in the first case. Stay tuned to see what happens in this one.

International

Russians Call for Single International Drug Office to Deal With Afghan Heroin. Viktor Ivanov, Russia's chief anti-drug official, said Thursday that all of the various international efforts to stifle the Afghan drug trade should be merged into a single, internationally-supervised office. "We suggest the creation of an international headquarters or an office for combating the planetary center of drug production in Afghanistan. The goal of the HQ would be to consolidate the currently separate anti-narcotic programs in Afghanistan and to create an effective, internationally-supervised mechanism to eradicate drug production," Ivanov said. He also implicitly criticized the US and the West for letting opium cultivation get out of control while NATO forces occupied the country. The effort had been "a fiasco," he said. Ivanov is among the Russian officials sanctioned by Washington in response to the Ukraine crisis.

Lebanese Cannabis Farmers Benefiting from Syrian Conflict. Lebanese security forces are too busy dealing with the Syrian civil war raging on the country's border to pay much attention to a reviving cannabis industry in the Bekaa Valley, The Financial Times reports. Lebanese security forces quit raiding the Bekaa's pot farms two years ago, fearful of creating more unrest, and last year the crop brought in an estimated profit of $175 million to $200 million. "You couldn't make this kind of money growing gold," one farmer laughed. While some Lebanese politicians, including Druse leader Walid Jumblatt, have called for legalizing the crop, the farmers don't agree. The profits are too good, they said.

Four Mexican Soldiers Killed in Apparent Cartel Attack in Jalisco. Four soldiers were killed in the western state of Jalisco earlier this week when the military truck they were riding in was attacked in Guachinango, about 80 miles from the state capital of Guadalajara. The attackers crashed a pick-up truck into the army vehicle, setting it ablaze, then opened fire. Investigators suspect the attack was staged by the Jalisco New Generation cartel, which is in a turf war with the Knights Templars cartel in neighboring Michoacan. There are accusations that New Generation has allied itself with some of the vigilantes fighting the Knights Templar.

Saudi Arabia to Drug Test All Public Employees. Newly recruited teachers are first in line, but all public employees of the Saudi state are going to be drug tested, according to local media reports. The move is intended to "counter the increasing abuse of narcotics in the country's public service," the reports said.

Chronicle AM -- May 15, 2014

An evangelical pollster has support for marijuana legalization at 58% (but not among Christians), the Senate Minority Leader takes on the DEA over hemp, a California defelonization sentencing initiative hands in signatures, we have a fascinating look at meth culture in Tehran, and more. Let's get to it:

When Mitch McConnell is criticizing the DEA, you know you're living in a different century. (senate.gov)
Evangelical Pollster Finds Majority for Legalization, But Not Among Practicing Christians. A new poll conducted by the evangelical Christian polling firm the Barna Group finds that marijuana legalization is supported by 58% of respondents nationwide. But when it comes to "practicing Christians" (people who attended church in the past month), only 32% of evangelicals, 39% of Catholics, and 45% of mainstream Protestants favored legalization. Still, those numbers are trending up. "There is a clear trend toward greater cultural acceptance of recreational marijuana, even among many practicing Christians. National surveys are a great way to find out what people think and how their perspectives have changed over time. But why those changes are happening is more difficult to pin down through conventional polling," said a Barna spokesman. "What we can conclude is that America continues to shift from a culture that values abstinence to one that focuses on experience. Marijuana use fits within a larger trend of liberalizing views and behaviors when it comes to activities like gambling, pre-marital or extra-marital sex, and drinking. As attitudes toward temptations shift, Americans increasingly define the 'pursuit of happiness' to include personally invigorating or even escapist experiences." There's a lot more demographic information at the link, too.

Missouri "Decriminalizes" Marijuana Possession. A new sentencing reform law that has now gone into effect without the signature of Gov. Jay Nixon (R) eliminates the possibility of jail time for the possession of 10 grams of marijuana or less. Senate Bill 491 also reduces sentences for the sale and cultivation of marijuana, including changing current law to allow probation or parole for third offenders. But it doesn't go into effect until January 2017, the "no jail" provision only applies to first offenders, and it's still a criminal misdemeanor, with all the related consequences. Still, the Marijuana Policy Project is calling Missouri the 19th decrim state.

Medical Marijuana

Massachusetts Lawmaker Wants Sales Tax on Medical Marijuana, and Now. State Sen. Brian Joyce (D-Milton) has added an amendment to the Senate budget released last week that would impose a 6.25% sales tax on medical marijuana. He said he wanted it done quickly before there is any organized opposition. Health care goods and services and prescription drugs are generally exempted from the sales tax under state law. But Joyce said at least 10 other medical marijuana states impose sales taxes on it, including neighboring Connecticut, Rhode Island, and Maine.

Rhode Island Health Department Falling Way Behind on Patient Applications. The state Health Department is eight weeks backlogged in handling patient medical marijuana applications. Patients aren't happy. They're supposed to be automatically approved after 15 days, but the department says it is understaffed and overwhelmed, and it didn't anticipate the volume of applications.

South Carolina Limited CBD Medical Marijuana Bill Moving Toward Passage. A bill that would allow the use of high-CBD marijuana extracts for patients suffering severe epilepsy appears headed for passage. House Bill 4803 has already passed the House and was approved by the Senate Medical Affairs Committee today. It should get a final floor vote next week.

Hemp

Mitch McConnell Rips DEA over Kentucky Hemp Seed Fiasco. The state of Kentucky has already filed a lawsuit against the DEA over its cat and mouse games surrounding the state's effort to import 250 pounds of Italian hemp seeds for use in research projects okayed by an amendment to this year's omnibus farm bill. Now, Mitch McConnell, the Senate minority leader who just happens to be from Kentucky, has weighed in. "It is an outrage that DEA is using finite taxpayer dollars to impound legal industrial hemp seeds," McConnell told Politico last night.

Prescription Drugs

New Oklahoma Law Requires That Names of Overdose Victims Be Reported to Narcs. Under a bill signed into law Tuesday by Gov. Mary Fallin (R), the state medical examiner is required to report the names of overdose victims to the Bureau of Narcotics and Dangerous Drugs. The stated purpose is to use the information to more closely monitor the state's prescription drug issue and to identify "problem" prescribers. Senate Bill 1183 is part of a broader legislative effort supported by Fallin to tackle non-medical prescription drug use. But the heart of that plan, language that would create a statewide prescription monitoring system and require doctors to check patients' drug histories before writing new prescriptions for opioids and other dangerous drugs, remains stalled as legislators argue over details.

Synthetic Drugs

Minnesota Synthetic Drug Bill Heading for Passage. A bill that bans new synthetic drugs not approved by the FDA and that have effects similar to Schedule I or II controlled substances passed the House Wednesday and now heads to the Senate, where it is also expected to pass. House File 2446 also gives the state Board of Pharmacy emergency regulatory power to stop shops from selling any newer new synthetics.

Asset Forfeiture

Wyoming Lawmakers Want to Reform Asset Forfeiture Laws. The state legislature's Joint Judiciary Interim Committee Tuesday voted to order staff to draft two bills to reform the state's asset forfeiture laws. One bill would eliminate civil asset forfeiture and would allow police to seize property only when someone has been convicted of a crime. The second bill would keep civil forfeiture, but would create a higher standard of proof before allowing assets to be seized. That bill would also require that most proceeds of seizures go into a general account at the state attorney general's office instead of being returned to the seizing agency.

Harm Reduction

Delaware Overdose Reversal Drug Bill Wins Senate Committee Vote. A bill that would make the overdose reversal drug naloxone (Narcan) available without a prescription to anyone who completes a training program passed the Senate Health and Social Services Committee Wednesday. Senate Bill 219 now heads for the Senate floor.

Sentencing Reform

California Defelonization Sentencing Initiative Hands in Signatures. Campaigners for an initiative that would make certain felony drug and other crimes misdemeanors has handed in signatures. The Safe Neighborhoods and Schools Act initiative handed in more than 638,000 signatures earlier this month; it needs 504,000 valid signatures to qualify for the November ballot. Of signatures checked so far, the validity rate is 78%. The measure's proponents are San Francisco DA George Gascon and San Diego Police Chief William Landsdowne.

International

Tunisia's Prime Minister Says Marijuana Laws Are Too Harsh. Tunisian Prime Minister Mehdi Jomaa said at a press conference Wednesday that his country's tough penalties for marijuana possession are "out of sync" with changing times. Possession can currently earn you up to five years in prison, but Jomaa vowed to "amend the law to adapt it to the new reality" in Tunisia, which overthrew its old regime in the most successful of the 2011 Arab Spring uprisings.

Iran Breaks Bad as Crystal Meth Arrives. The Guardian has a lengthy analysis of the rise of methamphetamine in Iran, and particularly in its capital city, Tehran. Meth is exploding there, according to the piece's author, Ramita Navai, author of the newly released "City of Lies: Love, Sex, Death and the Search for Truth in Tehran." It's a very interesting read. Click on the link for the whole thing.

Chronicle AM -- May 13, 2014

The DC marijuana legalization initiative picks up some welcomed support, there's a legal challenge to Washington state's ability to collect marijuana taxes, a Republican US senator talks drug reform and takes some jabs at Obama, fentanyl-laced heroin is killing people in Philadelphia, and more. Let's get to it:

Marijuana Policy

Two Drug Reform Groups Get Behind DC Legalization Initiative. The Drug Policy Alliance has hired Dr. Malik Burnett as a full-time organizer in Washington, DC, to build support for Initiative 71, the DC marijuana legalization initiative. But his work in DC will also go beyond marijuana policy to include broader drug and social justice reform issues. Meanwhile, StoptheDrugWar.org (that's us) has endorsed the initiative and is seeking to deliver 5,000 of the 25,000 signatures needed. You can sign up to donate to our initiative effort here or sign up to volunteer here. Or click on the endorsement link for more information. Click the title link for more info about the DPA move.

Washington State Lawsuit Challenges State's Ability to Collect Marijuana Taxes. A Washington dispensary operator has filed a lawsuit attempting to stop the state from collecting taxes on marijuana sales. The operator, Martin Nickerson, is being prosecuted for the sale of medical marijuana he produced and argues that forcing him to pay taxes on his marijuana sales would violate his 5th Amendment right against self incrimination. He is represented by Douglas Hiatt, a Seattle marijuana and medical marijuana defense attorney and ardent foe of the I-502 legalization scheme. I-502's main proponent, Alison Holcomb, said she thinks the lawsuit has little chance of succeeding.

Ohio Supreme Court Forum to Discuss "Unintended Consequences" of Legalization Today. A discussion on "Marijuana Legalization and the Law of Unintended Consequences" moderated by state Supreme Court Justice Maureen O'Connor will take place today at 5:30pm at the Ohio Supreme Court in Columbus. Panelists are Colorado Deputy Atttorney General David Blake, Ohio State law professor and Sentencing Law and Policy blog author Douglas Berman, and Marijuana Policy Project director of federal policies Dan Riffle. Questions can be submitted via Twitter using hashtag #OhioFOTL.

Illinois Drug Policy Consortium to Discuss New Marijuana Policy Report Monday. The IDPC will have a panel discussing its new report on marijuana policy, Patchwork Policy: An evaluation of arrests and tickets in Illinois, next Monday, the day it is released. Click on the link for more info, including time and location details.

Medical Marijuana

Iowa Governor Likely to Sign Limited CBD Medical Marijuana Bill. Gov. Terry Brandstad (R) told a news conference Monday he has consulted with the governors of other states that have passed limited CBD medical marijuana bills and he thinks Iowa can move forward without "unintended consequences." He gave the legislature credit for crafting a very tight bill. "I think it's important that we respond to legitimate concerns from the public but we also have to protect against unforeseen consequences. I think the legislature in this case has tried to do that. My inclination at this point is to say that I'm inclined to think that it's likely that I will sign it," he said. The bill is Senate File 2360.

Drug Policy

Republican Senator Rob Portman Talks Drug Reform. Sen. Rob Portman (R-OH) is set to give a speech today at the American Enterprise Institute in Washington, DC, in which he will reportedly call for a reassessment of the decades long war on drugs. He will also reportedly criticize President Obama's plan to grant clemency to hundreds or thousands of convicted drug offenders, calling it a "band aid solution" that doesn't address deeper problems driving recidivism. He will also advocate for reauthorization of the Second Chance Act, which is aimed at reducing recidivism. Portman could have national ambitions in 2016.

Heroin

Fentanyl-Laced Heroin Killing People in Philly. At least 28 people in Philadelphia died from overdosing on fentany-laced heroin between March 3 and April 20, the Department of Behavioral Health and Intellectual Disability said Monday. The department is awaiting test results on seven more people. Fentanyl is a powerful narcotic many times more potent than heroin and is used to treat severe pain. An earlier wave of fentanyl-laced heroin killed 269 people in the city in 2006 and more than 2,000 people nationwide. The city health department has issued an alert.

International

Zetas Co-Founder Among Six Killed in Mexican Border Town Shootout. Gallando Mellado Cruz, one of the military deserters who helped found the gang of drug enforcers for the Gulf Cartel that morphed into the Zetas, was among six people killed in a gun battle between Mexican soldiers and cartel gunmen in the border town of Reynosa, Tamaulipas, just across the Rio Grande River from McAllen, Texas. Four other cartel gunmen and one soldier also died. Tamaulipas was the scene of bloody infighting between the Zetas and the Gulf cartel before calming down somewhat in 2012, but fighting has broken out again in recent weeks.

Canada's Sensible BC Announces Future Plans. The Canadian marijuana law reform group Sensible BC, which managed to gather more than 200,000 signatures for a provincial referendum to stop arrests for pot possession in BC, but still failed to make the ballot, has announced it will hold off on another referendum campaign until after the federal election in October 2015. Then, if Conservative Prime Minister Steven Harper wins reelection or if his replacement refuses to move forward on legalization, the group says it will launch a new referendum campaign in 2016. Until then, Sensible BC says it will focus on building its network and organization, keeping the issue alive in the media, and working on municipal elections coming in November.

Chronicle AM -- May 7, 2014

A reform rollback in New Zealand, a hearing on DC decrim in Congress tomorrow, a medical marijuana trial becomes a travesty, the DEA makes another change-nothing drug bust, and more. Let's get to it:

New synthetic drugs are going back to the black market after New Zealand rolls back its effort to regulate them. (wikimedia)
Marijuana Policy

ACLU DC Branch Will Testify on District Marijuana Decriminalization Bill Tomorrow. The American Civil Liberties Union of the Nation's Capital will testify before the House Committee on Oversight & Government Reform, Subcommittee on Government Operations about the District of Columbia's marijuana decriminalization bill tomorrow. The legislation would remove the criminal penalties under District of Columbia law for the possession of an ounce or less of marijuana within the District. The bill passed the DC council overwhelmingly and was signed by Mayor Vincent Gray. It cannot become law until Congress and the president have had 60 days to review it. The Subcommittee on Government Operations called the hearing to discuss the enforcement in the District of local and federal marijuana laws. The ACLU will testify that nothing in the bill would prevent federal law enforcement officers from enforcing federal law throughout the District.

Colorado Legislature Approves Bills on Hashish, Edibles. House Bill 1361, which limits hash sales, and House Bill 1366, which further regulates edibles, both passed the Senate Wednesday, the last day of the session. Under current law, consumers can purchase up to an ounce of hash at a time, but that will be reduced by some as yet unspecified amount. The edibles bill would ban manufacturers from making edibles that "a reasonable consumer would confuse with a trademarked food product" (goodbye, Reefers Cups) or that are "primarily marketed to children." Both bills await the governor's signature.

MPP Releases Report on Collateral Consequences of Marijuana Convictions in New Hampshire. The Marijuana Policy Project (MPP) has just released a new report, Marked for Life, that shows how the lifelong stigma associated with a marijuana conviction can derail dreams by making it difficult to obtain jobs, an education, and even housing. The moves two weeks after the state Senate refused to consider a marijuana reform bill, but the session isn't over yet, and MPP and its allies say they are not giving up for the year.

Medical Marijuana

Federal Judge Denies Medical Marijuana Defense to Family Accused of Growing Medical Marijuana. A federal judge won't allow a family of a medical marijuana patients from Washington state to defend themselves against drug trafficking charges by arguing their pot plants were for medical purposes. US District Judge Fred Van Sickle of the Eastern District of Washington on Tuesday rejected the planned medical marijuana defense of Larry Harvey, 70, his wife Rhonda Firestack-Harvey, 55, and three others facing trial next week, saying they could not argue that growing marijuana was for medical purposes and legal under Washington state law. "The intent of the defendants is not relevant to the issues," Van Sickle said. "There's this concept of reliance on state law and the like. That's not relevant either." Because the federal government considers marijuana illegal, federal courts generally don't allow evidence that the drug may have been used for medical purposes, even when medical marijuana is legal under a state's law, as it is in Washington. The Harveys, their son, Rolland Gregg, 33; Gregg's wife Michelle, 35; and family friend Jason Zucker, 38, sought to describe their doctor-recommended medical marijuana cultivation at their upcoming trial on federal drug charges.

New York Medical Marijuana Bill Gains First Republican Sponsor. Sen. Joseph Robach (R-Rochester) added his name this week to the Compassionate Care Act, joining 17 other Democratic senators who have cosponsored the measure. The bill's primary sponsor is Sen. Diane Savino, a Staten Island Democrat. Republican Senate leaders have held up the bill. Senate GOP leader Dean Skelos said Tuesday there was a "good possibility" some sort of bill would be approved this session, but that he would only support a limited CBD bill.

Minnesota Senate Approves Medical Marijuana Bill. The state Senate Tuesday approved Senate File 1641, which would allow for up to 55 dispensaries statewide and allow patients suffering from a list of approved medical conditions to use the plant -- but not to smoke it. A companion measure in the House is even more restrictive. It could be up for debate as early as Friday.

Law Enforcement

Courts, Legislators Moving to Curb Police Access to Prescription Drug Databases. For years, police across the country have had easy access to databases of prescriptions for controlled substances used by individuals they suspect of committing a crime. Not anymore. Some courts and legislators are now starting to restrict the data, amid concerns by privacy advocates and defense lawyers who say warrantless searches of these databases violate privacy rights, The Wall Street Journal reports. In February, a federal court in Oregon ruled for the first time that federal agents need a warrant to search that state's prescription-drug database. Last year, Rhode Island raised the barrier of entry to its database, and legislators in Florida and Pennsylvania are considering new limits on law-enforcement access to the records in those states.

DEA in Nationwide Raids on Synthetic Drugs, Sellers. The Drug Enforcement Administration on Wednesday broadened its national crackdown on synthetic drug manufacturers, wholesalers and retailers as federal agents served hundreds of search and arrest warrants in at least 25 states. Agents served warrants at homes, warehouses and smoke shops beginning early morning. The largest single operation was a statewide effort in Alabama. Agents also were active in Florida and New Mexico, among other states. Wednesday's crackdown was focused strictly on US targets and involved 66 DEA cases, seven investigations led by Immigration and Customs Enforcement special agents and several others led by Customs and Border Protection that focused on express consignment shipments. Last year, the DEA and Customs and Border Protection wrapped up a 7-month investigation that ended in 150 arrests and the seizure of about a ton of drugs. And now it's rinse and repeat.

Sentencing Reform

Harry Reid Says Sentencing Reform Debate Could Hit Senate Floor Soon. CQ Roll Call (behind a pay wall; no link, sorry) reported Tuesday that Senate Majority Leader Harry Reid (D-NV) was asked whether he intended to bring Sen. Richard Durbin's (D-IL) sentencing reform bill, Senate Bill 1410, to the floor for debate soon. "The answer is yes," Reid said, adding that he has been consulting with Durbin about it. The bill would slash mandatory minimums for some drug crimes and give judges more discretion to impose sentences beneath federal guidelines.

International

New Zealand Reverses Course on Regulating Synthetic Drugs. In a disappointing about-face, New Zealand reversed course on allowing some synthetic drugs to be legally sold after a rising public clamor about them. A law change effective Thursday will ban the sale and possession of all synthetic drugs. That ends the sale of 36 substances, many of which had been designed to mimic marijuana. Five other substances were banned earlier this year. The country last year gained international attention after enacting a novel new law that allowed those synthetic drugs thought to be low-risk to be sold while waiting for pharmaceutical-style testing. The law still allows manufacturers to sell the drugs if they can prove them low-risk after rigorous testing. But health officials have yet to develop testing protocols. And manufacturers may find the hurdles insurmountable after lawmakers on Wednesday also banned the use of animals in testing the products.

Tunisia Activists Urge Reform of Harsh Marijuana Laws.Tunisia's tough law on cannabis use, laying down jail terms of at least one year, is "destroying lives" and overcrowding prisons, according to a group of activists urging reform. Since the law was passed more than 20 years ago, "tens of thousands of Tunisians have been convicted," the group said in an open letter to the government. "But the number of people sentenced and the number of users continue to grow, proving that this law is not a deterrent. It has failed," said the group, named Al Sajin 52 (or Prisoner 52) as the law is called. Health ministry director general Nabil Ben Salah said the health and justice ministries are trying to "humanize" the marijuana law, but that decriminalization is not an option.

Drug War Violence Flares in Northeast Mexico. Federal security forces killed five gunmen in separate shootouts in Reynosa, Tamaulipas, just across the border from McAllen, Texas, Monday. Army troops, meanwhile, detained 15 suspected criminals in different operations across the state. The Gulf and Zetas drug cartels have been fighting for control of Tamaulipas and smuggling routes into the United States for years, and now Gulf cartel factions are also fighting among themselves. The violence has spiked in recent weeks, but federal officials have not taken any additional measures to deal with the situation in the border state.

London School of Economics Report Calls for New Approaches to Drug Policy

A report from the London School of Economics released Monday night outlines the enormous negative outcomes and collateral damage from the war on drugs and calls for new, evidence-based approaches to drug use and the drug trade.

The report, Ending the Drug Wars: Report of the LSE Expert Group on the Economics of Drug Policy, has chapters authored by leading drug policy experts from around the world and has been signed onto by five Nobel Prize-winning economists, as well as political figures including British Deputy Prime Minister Nick Clegg, Guatemalan Foreign Minister Luis Fernando Carrera Castro, former Polish President Aleksander Kwasniewski, former US Secretary of State George Schultz, and former European Union High Representative for Common Foreign and Security Policy Dr. Javier Solana, among other luminaries.

"It is time to end the 'war on drugs' and massively redirect resources towards effective evidence-based policies underpinned by rigorous economic analysis," the report says forthrightly. "The pursuit of a militarized and enforcement-led global 'war on drugs' strategy has produced enormous negative outcomes and collateral damage. These include mass incarceration in the US, highly repressive policies in Asia, vast corruption and political destabilization in Afghanistan and West Africa, immense violence in Latin America, an HIV epidemic in Russia, an acute global shortage of pain medication and the propagation of systematic human rights abuses around the world."

The stark prohibitionist approach to drug control has been a flop even by its own measures, the report found.

"The strategy has failed based on its own terms," it noted. "Evidence shows that drug prices have been declining while purity has been increasing. This has been despite drastic increases in global enforcement spending. Continuing to spend vast resources on punitive enforcement-led policies, generally at the expense of proven public health policies, can no longer be justified."

The report chided the United Nations for its continued adherence to such failed policies and urged it to accept experimentation while emphasizing public health and human rights.

"The United Nations has for too long tried to enforce a repressive, 'one-size-fits-all' approach," the report concluded. "It must now take the lead in advocating a new cooperative international framework based on the fundamental acceptance that different policies will work for different countries and regions. This new global drug strategy should be based on principles of public health, harm reduction, illicit market impact reduction, expanded access to essential medicines, minimization of problematic consumption, rigorously monitored regulatory experimentation and an unwavering commitment to principles of human rights."

"The drug war's failure has been recognized by public health professionals, security experts, human rights authorities and now some of the world's most respected economists," said John Collins, coordinator of LSE IDEAS International Drug Policy Project. "Leaders need to recognize that toeing the line on current drug control strategies comes with extraordinary human and financial costs to their citizens and economies."

"Repressive drug laws cost governments billions of dollars and result in horrible epidemics of infectious diseases and serious human rights abuses," said Dr. Kasia Malinowska-Sempruch, the director of the Open Society Global Drug Policy Program, which hosted a launch event for the report at the LSE Monday night. "We know the terrible costs of failed strategies and what can be gained from smarter approaches."

More fuel for the fire as an increasingly broad-based global movement for drug reform takes aim at the UN and its 2016 General Assembly Special Session (UNGASS) on Drugs.

London
United Kingdom

Chronicle AM -- May 1, 2014

Asset forfeiture gone wild is in the news, so is a Delaware drug lab scandal, there's a major report on imprisonment from the National Academy of Sciences, Silk Road is back, and more. Let's get to it:

Silk Road is back and as busy as ever.
Marijuana Policy

Colorado Bill to Seal Old Marijuana Convictions Wins Committee Vote. The Senate Judiciary Committee passed a bipartisan sponsored bill that would allow someone to have their marijuana conviction sealed, if the conviction is now legal under Amendment 64. The committee heard nearly two hours of public comment before approving the measure, Senate Bill 14-218. The bill passed on a 3-2 vote and is now headed to the Committee on Appropriations.

Medical Marijuana

Louisiana Medical Marijuana Bill Dies in Committee. There will be no medical marijuana legislation passing through the Louisiana legislature this year. Senate Bill 541, sponsored by Sen. Fred Mills (R-New Iberia) was defeated in the Senate Health and Welfare Committee on a vote of 6-2.

Iowa Limited CBD Medical Marijuana Bill Passes Senate. The Iowa Senate on Thursday approved a narrow opening for Iowa parents with children suffering from severe epilepsy to be able to access cannabis oil as a treatment option. After an emotion-charged debate, senators voted 36-12 to pass Senate File 2360, a bill that legalizes the possession and medical use under certain conditions of cannabidiol, a non-psychoactive component of marijuana that backers say possesses a wide range of therapeutic benefits. Ten Republicans joined 26 Democrats in passing the bill. Sen. Joe Bolkcom (D-Iowa City) is the sponsor.

US House Narrowly Defeats Amendment to Allow VA Docs to Recommend Medical Marijuana. Nearly 200 members of Congress, including 22 Republicans, voted in favor of an amendment Wednesday intended to allow physicians within the Veterans Affairs system to recommend medical marijuana to veterans in states that allow it. The bipartisan-sponsored amendment failed 195-222. The amendment, sponsored by Congressmen Earl Blumenauer (D-OR), Sam Farr (D-CA), Dana Rohrabacher (R-CA), and Jared Polis (D-CO), was the first of its kind to be introduced on the House floor. It would have become part of House Resolution 4486, the Military Construction and Veterans Affairs and Related Agencies Appropriations Act.

Asset Forfeiture

Florida Sheriff on Asset Forfeiture Rampage. Marion County Sheriff Chris Blair is seizing criminal suspects' assets like never before, according to this report from The Ocala Star Banner. Prior to Blair taking office in 2012, asset forfeiture cases averaged 38 a year, but jumped to 57 last year, and there are already 33 so far this year. Now, Blair is expanding the practice beyond drug cases to include common crimes. Suspects face being stripped of their property after being arrested by officers for DUI, shoplifting, burglary, armed robbery, resisting arrest, driving with a suspended or revoked license, or grand theft. One woman had her 2008 Chevy seized after being caught with a few oxycodone pills. Here's the money quote (so to speak), as Blair's office explains the increase in seizures: "It shows the difference between a sheriff with 35 years of law enforcement experience and a sheriff who came from the business world," Chief Deputy Fred LaTorre explained. The whole article is worth the read; click the link.

Class Action Lawsuit Coming Over Nevada County's Highway Robbery Asset Forfeiture Program. Humboldt County already had to give back the money it stole from driver Tan Nguyen under the guise of its highway asset forfeiture program -- and pay his lawyer's fees -- but now the county faces a class action lawsuit from other victims of its overzealous law enforcement practices. After Ngyuen won his case against the Humboldt County Sherff's Department, 20 more people have come forward to say that they too had been stopped in Humboldt County and forced to give up money without any charges or even being accused of a crime. In many cases, they weren't even slapped with a speeding ticket. "What they're doing is profiling. They think they're stopping people who are on their way to California to buy drugs, and then bring them back to the Midwest or the Eastern states, and then sell them," said John Ohlson, he attorney for the cash seizure victims.

Drugged Driving

"Impaired" Driving Bill Wins Vermont Senate Committee Vote. The Senate Judiciary Committee Wednesday approved a drugged driving bill, House Bill 501, but not before amending it to remove the zero tolerance language in the version passed by the House. Instead, the Senate version now says the amount of drugs in your system has to actually impair your ability to drive. While the distinction between the two bills seems small, it may be a tough fight to hammer out a compromise by next Friday, when the session adjourns. The version of the bill cited here is the original; the amended version is not yet available.

Law Enforcement

Delaware Drug Lab Scandal Could See Thousands of Drug Cases Thrown Out. The Delaware Public Defender's Office on Wednesday filed "the first wave" of legal challenges to try and overturn 9,500 drug convictions because of tampering and thefts at the state's drug testing lab. This is on top of the more than 3,700 pending drug prosecutions in Delaware courts that are at risk of being dismissed due to the scandal at the Controlled Substances Lab inside the Delaware Medical Examiner's Office. And on the same day that public defenders delivered five archive boxes containing 112 motions for post-conviction relief to prosecutors and the court, state officials revealed that an employee at the Medical Examiner's Office has been suspended with pay as an investigation into the missing drug evidence continues. Click on the link for all the sleazy details.

Georgia Narc Denied Immunity in Killing of Innocent Pastor in Drug Investigation. A narcotics officer who fatally shot a Baptist pastor in Georgia persuaded a federal judge to partly reduce the jury-imposed $2.3 million verdict, but failed in his bid to claim qualified immunity because he was acting in his capacity as a law enforcement officer. Billy Shane Harrison shot and killed Pastor Jonathan Ayers after Ayers attempted to flee in his car from undercover officers attempting to question him in a drug investigation. The judge in the case ruled that "defendant could not have reasonably believed that Ayers posed an imminent threat of serious harm or that deadly force was necessary to prevent his escape," the 11-page ruling states. "And because it is clearly established that it is unreasonable for a police officer to use deadly force under such circumstances, defendant's motion for judgment as a matter of law based on qualified immunity is denied." No criminal charges were ever filed against Harrison for the killing.

Maine Governor Says He Found Money to Pay for More Drug War. Gov. Paul LePage (R) announced Wednesday that his administration has found $2.5 million to pay for a drug enforcement bill that would add agents, judges and prosecutors and increase funding for addiction treatment programs. The bill was enacted with broad bipartisan support, but the Legislature's budget committee did not fund it. On Wednesday, the LePage administration said it has found a projected surplus in the state's unclaimed-property fund, which is overseen by the State Treasurer's Office and consists of money and personal assets that are considered lost or abandoned. The governor said he will propose emergency legislation today to allocate the surplus to the drug enforcement initiative. But it's unclear whether the Legislature will consider it. The ACLU of Maine, which has consistently opposed the bill, urged lawmakers to reject LePage's proposal. "The governor continues to push a proposal that would scale up an already bloated criminal justice system while giving a back seat to more effective treatment programs," the group said. "Plenty has been said about the need for a balanced approach, but this proposal is nothing of the sort... A truly balanced approach would mean scaling back law enforcement while increasing treatment and prevention."

Sentencing

National Academy of Sciences Report Calls for Big Cuts in Imprisonment. A groundbreaking report released yesterday by the National Research Council, the principal operating arm of the National Academy of Sciences, documents the unprecedented and costly price of US incarceration rates. As the report points out, this unprecedented rate of incarceration is a relatively new phenomenon in US history. America's prison population exploded largely as a result of the failed drug war policies of the last 40 years. The report calls for a significant reduction in rates of imprisonment and says that the rise in the US prison population is "not serving the country well." It concludes that in order to significantly lower prison rates, the US should revise its drug enforcement and sentencing laws.

Sentencing Commission Submits Federal Sentencing Guideline Amendments to Cut Drug Sentences. On Wednesday, the US Sentencing Commission submitted its proposed amendments to the federal sentencing guidelines to Congress. In addition to recommending reductions in some drug sentences, the Commission is also seeking public comment on the issue of whether to apply the amendment to the drug quantity table retroactively. Comments can be made through July 7 and can be emailed to public_comment@ussc.gov.

Federal Judge Calls for Clemency for Convicted Cocaine Dealer. In an opinion issued Tuesday, US District Court Judge Paul Friedman urged President Obama to commute the sentence of Byron McDade, who was convicted following a jury trial in 2002 of conspiracy to distribute more than five kilograms of cocaine. Friedman sentenced McDade to 27 years in prison, the shortest sentence possible under federal sentencing guidelines, which were mandatory at the time. Prior to his conviction in the drug case, McDade had only a single misdemeanor on his record, for which he paid a $10 fine. "The sentence this Court was required to impose on Mr. McDade was unjust at the time and is 'out of line' with and disproportionate to those that would be imposed under similar facts today," Friedman wrote in his opinion dismissing McDade's latest bid to overturn his conviction. "While the Court is powerless to reduce the sentence it was required by then-existing law to impose, the President is not. The Court urges Mr. McDade's appointed counsel to pursue executive clemency on Mr. McDade's behalf so that justice may be done in this case." The administration recently called on federal drug prisoners to seek clemency.

International

Silk Road Internet Drug Sales Web Site Still As Busy As Ever. Eight months after federal agents brought down the man alleged to be running an underground Web site called Silk Road that had become a thriving venue for drug trafficking, not only is the site up and running again but the new version is more vibrant than ever. Busted Not Broken, a report from watchdog group the Digital Citizens Alliance claims the "online black market economy has done a complete somersault in the six months since the fall of the original Silk Road. New players have arisen, including a second incarnation of 'Dread Pirate Roberts' and a revived Silk Road (which seems to be thriving, even after law enforcement arrested and charged some of the new site's prominent figures) has replaced the original."

Jakarta Drug Crackdown An Exercise in Futility. The vice governor of Jakarta, commonly known as Ahok, has announced a crackdown on drugs in the Indonesian capital, but a thoughtful analysis from asiancorrespondent.com's Patrick Tibke shows how it is in exercise in both futility and hypocrisy. Click on the link; the read is worth it.

Lebanese Druse Leader Walid Jumblatt Says Legalize Marijuana. Walid Jumblatt, stalwart of the Lebanon's Druse community and leader of the Progressive Socialist Party, said Thursday he supported marijuana legalization, for both medical and economic reasons. "Never in my life have I smoked marijuana, but I support growing cannabis for medical use and to improve the living conditions of farmers in north and the Bekaa Valley," Jumblatt told Al-Jadeed TV. "Let's legalize cannabis and regulate its cultivation," the politician said. Crop substitution programs in the Bekaa Valley, which once saw a multi-billion marijuana trade, have been a failure, he added.

DEA Chief Opposes Marijuana Legalization, Supports Mandatory Minimums

DEA Administrator Michele Leonhart appeared before the Senate Judiciary Committee Wednesday to warn of the dangers of marijuana legalization and affirm her support for mandatory minimum sentences.

DEA administrator Michele Leonhart (usdoj.gov)
Leonhart's testimony put her increasingly at odds with the administration that employs her. The Obama administration has announced that it is not going to interfere with legal marijuana in states that have approved it -- unless some of its eight listed enforcement priorities are in play -- and it has made it very clear that it views mandatory minimum sentencing as a failed policy.

Leonhart mentioned two of the enforcement priorities -- the leakage of marijuana to non-legal states and the use of the herb by minors -- in her statement to the committee. She said she is worried by an increase in marijuana trafficking in states surrounding Colorado and that the same thing could happen in Washington state. She also worried that increasing acceptance of marijuana would lead to increased use.

"The trends are what us in law enforcement had expected would happen," she said. "In 2012, 438,000 Americans were addicted to heroin. And 10 times that number were dependent on marijuana." But she did not provide any evidence tying the number of marijuana users to changing attitudes or laws.

The DEA is indeed concerned about marijuana legalization. Three months ago, DEA chief of operations James Capra called legalization in the states reckless and irresponsible and warned of looming disaster.

"It scares us," Capra said during a Senate hearing in January. "Every part of the world where this has been tried, it has failed time and time again."

Except that marijuana legalization has never been tried anywhere before Uruguay, Colorado, and Washington made the leap too recently to cite. In the Netherlands, where authorities turn a blind eye to sales at cannabis coffee shops and which is often cited as an example of "legalization," life goes on and marijuana use rates are well with European norms.

Leonhart continued singing the same old tune Wednesday, warning that emergency room visits related to marijuana increased by 28% between 2007 and 2011.

ER visits may be up, but it's the quality, not just the quantity that also matters. Marijuana has no fatal overdose potential; most marijuana-related ER visits are panic attacks or anxiety reactions, not life-threatening events.

Leonhart also had kind words for mandatory minimums, even though her immediate boss, Attorney General Eric Holder has said they create cruel, disproportionate punishments and contribute to federal prison overcrowding.

"Having been in law enforcement as an agent for 33 years [and] a Baltimore City police officer before that, I can tell you that for me and for the agents that work at the DEA, mandatory minimums have been very important to our investigations," said Leonhart, in response to a question from Sen. Charles Grassley (R-Iowa). "We depend on those as a way to ensure that the right sentences equate the level of violator we are going after."

Leonhart is a holdover from the Bush administration. It is unclear how long she can continue to fit in under an Obama administration that is moving forward on drug policy reform.

Washington, DC
United States

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