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Chronicle AM: At Least Four States Voting on MedMJ, Filipino Prez Could Face ICC, More... (8/25/16)

Michigan legalizers lose a court battle, Oklahoma medical marijuana advocates look to be heading for the ballot box, the 10th Circuit rules that having license plates from marijuana states is not sufficient reason for a stop and search, and more.

Medical marijuana will be on the ballot in at least four states. (Creative Commons/Wikimedia)
Marijuana Policy

Michigan Legalizers Lose Court Bid to Get on Ballot. The backers of the MI Legalize legalization initiative have struck out in court in their bid to get their measure on this year's ballot. The group had collected some 354,000 signatures, well above the 220,00 required, but more than 200,000 of the signatures were gathered outside a 180-day window that the State Board of Canvassers was the only time signatures could be considered. The campaign argued that the 180-day rule was unconstitutional and unfair, but the state Court of Claims ruled Wednesday that the Board of Canvassers was correct. The campaign says it will appeal to the state Supreme Court, but the election clock is ticking and time is running out.

Medical Marijuana

These Four States Will Definitely Be Voting on Medical Marijuana in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.

Arkansas Prohibitionists Go to Court to Block Medical Marijuana Initiative. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.

Oklahoma Medical Marijuana Initiative Has Enough Signatures, But Is Not on the Ballot Yet. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.

Incarceration

Report Finds Women Increasingly Jailed for Drug Offenses. A new report from the Vera Institute for Justice finds that the arrest rate for drug possession for women tripled between 1980 and 2009 and that 29% of women in jails were there for drug offenses. Two-thirds of those women are black or Hispanic, and nearly 80% are mothers, largely single mothers. The report called for localities to adopt cite and release policies and/or decriminalizing drug possession.

Search and Seizure

Marijuana State License Plate is No Reason for Police Stops and Searches, Fed Court Rules. In a case involving a Colorado man pulled over in Kansas, the 10th US Circuit Court of Appeals has ruled that police violated his constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source." Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana. "It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

International

Philippines President Could Face International Tribunal Over Drug War Killings, Senator Says. President Rodrigo Duterte could be charged with crimes against humanity at the International Criminal Court (ICC) over the wave of killings of alleged drug users and sellers since he took office two months ago, according to Sen. Leila de Lima. "There are some experts who are saying that… if this spate of killings go unabated and unchecked, it could reach that point that the ICC could send a prosecutor to our country and investigate all these for possible prosecution under the Rome Statute," she was quoted saying. "This is not a joke. The last thing we need right now is for our dear president to be subjected to an investigation by an international tribunal like the International Criminal Court. I am not threatening the president. I am just stating a fact," she added.

License Plate from a Marijuana State? That's No Reason to Stop and Search, Fed Court Says

Drivers from pot-friendly West Coast states have long complained of "license plate profiling," claiming state troopers more interested in drug interdiction than traffic safety perch like vultures along the nation's east-west interstate highways pull them over on pretextual traffic stops -- going 71 in a 70 mph zone, failing to wait two full seconds after signaling before making a lane change, weaving within a lane -- because their plates make them suspected marijuana traffickers.

Since Colorado blossomed as a medical marijuana state around 2008 (and ever more so since it legalized weed in 2012), drivers bearing the state's license plates have been complaining of getting the same treatment. The practice is so common and well-known along the I-80 corridor in Nebraska that Omaha lawyers advertise about it.

Now, one Colorado driver has managed to get something done about it. Peter Vasquez sued a pair of Kansas Highway Patrol officers over a stop and search on I-70 that turned up no drugs and resulted in no arrest, and on Tuesday, a federal appeals court vindicated him.

On a 2-1 vote, the 10th US Circuit Court of Appeals in Denver ruled that the two troopers violated Vasquez's constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source."

Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana.

"It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

And the troopers didn't really have much other basis for suspicion, the court noted. The troopers said their basis was that Vasquez was driving alone, at night, on a "drug corridor," from "a known drug source area," he had a blanket and a pillow in his car, the blanket might have obscured something, and he seemed nervous.

"Such conduct, taken together, is hardly suspicious, nor is it unusual," Lucero noted.

Vasquez was originally pulled over because the troopers "could not read Vasquez's temporary tag," and when that issue was dealt with, they issued him a warning ticket. What the law required, the court said, was that the troopers then end their contact with him and allow him to go on his way.

But instead, they asked him to submit to a search of his vehicle, and he declined. They then detained him for 15 minutes until a drug dog could be summoned -- another drug war tactic the US Supreme Court deemed unconstitutional in April. The drug dog found nothing, and Vasquez was then released.

The troopers may have been done with Vasquez, but he wasn't done with them or what he saw as their unlawful conduct. He filed a civil lawsuit against the two troopers, Richard Jimerson and Dax Lewis, for violating his 4th Amendment right against unreasonable searches and seizures.

The case had been thrown out in federal district court, but Tuesday's decision revives it. It also sets legal precedent for the entire 10th Circuit, meaning that cops in Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming can't pull you over and search you just because you have a pot-state license plate.

Kansas officials say they plan to appeal to the 10th Circuit's full bench, though, but for now, at least, it's the law.

Denver, CO
United States

Chronicle AM: WA Legal MJ Sales Top $1 Billion, AR Welfare Drug Testing Flop, More... (8/5/16)

Arizona legalizers fight a lawsuit aimed at knocking them off the ballot, Washington rakes in the tax revenue from legal pot, asset forfeiture is in the news in California and New York, and more.

Arkansas forced 800 welfare applicants to do drug screens, one came up dirty. (Wikimedia/Creative Commons)
Marijuana Policy

Arizona Legalization Campaign Wants Lawsuit Tossed. The group behind the state's legalization initiative has asked a judge to throw out a lawsuit filed by foes seeking to keep the measure off the November ballot. The Campaign to Regulate Marijuana Like Alcohol argued that the effort is more about politics and ideology than ensuring state law is followed. Foes argued that the ballot measure's summary language does not describe everything the initiative would do. Both sides will be in court a week from today.

In Face of Uproar, Oregon US Attorney Drops Federal Marijuana Charge Against Teen for One Gram of Weed. Rather than prosecute Devontre Thomas, 19, for possession of a gram of marijuana, federal prosecutors have agreed to enter him into a pretrial diversion program. The move comes after Oregon elected officials said the prosecution was overkill.

Washington State Sees Legal Marijuana Sales Push Past Billion Dollar Mark. After a sharp jump in adult sales last month as medical dispensaries were shut down, the state has now seen pot sales edge past a billion dollars, if revenue from processors and producers is included. The state has collected $273 million in excise taxes on the sales since they began two years ago.

Asset Forfeiture

California Asset Forfeiture Reform Bill Set to Move After Compromise. After discussions with law enforcement groups, state Sen. Holly Mitchell (D-Los Angeles) has amended her asset forfeiture reform bill, Senate Bill 443, so that only property seizures worth less than $40,000 would require a criminal conviction before permanent seizure. Seizures higher than that amount would not require that standard of proof. Mitchell said the compromise would allow police to preserve their ability to go after large criminal enterprises. The police groups have now dropped their opposition to the bill.

NYPD Sued for Failure to Release Asset Forfeiture Data. NYPD collected more than $6 million in asset forfeiture revenues in 2013, but is ignoring records requests for information on how it collects and distributes the cash it seizes, according to a lawsuit filed Thursday by a legal aid group representing low-income people. The group, Bronx Defenders, had submitted a public records request nearly two years, but NYPD has been unresponsive, the lawsuit alleges.

Drug Testing

Arkansas Welfare Drug Test Program Finds Hardly Any Drug Users. According to data released this week by the Department of Workforce Services, exactly one welfare applicant out of 800 has failed a drug test. Another four refused to take it, rendering them temporarily ineligible for benefits. All five taken together constitute 0.63% of welfare applicants. The one failed drug test means 0.125% of all applicants tested positive. Arkansas and other states that have enacted such laws have done so on the unspoken assumption that welfare applicants are using drugs at the taxpayers' expense, but, once again, that has proven not to be the case.

Chronicle AM: Greece Moves Toward MedMJ, Italy to Debate Marijuana Legalization, More... (7/21/16)

There's a job opening for an experienced marijuana activist in DC, Libertarian Gary Johnson endorses California's legalization initiative, three European countries are making marijuana policy moves, and more.

It looks like medical marijuana is coming to Greece. (wikimedia.org)
Marijuana Policy

Libertarian Presidential Candidate Endorses California Legalization Initiative. Former Republican New Mexico Gov. Gary Johnson, who heads the Libertarian Party presidential ticket, has endorsed California's Prop 64 legalization initiative. "Why do I support it?" Johnson responded to a question while leaving the Republican National Convention. "Whether you agree with marijuana legalization or not, you have friends, family, coworkers that use marijuana," the former New Mexico governor said. "Are they criminal? No, they're not criminal." California Democrats have already endorsed the measure, and the national Democratic Party recently adopted a "pathway to legalization" as part of its platform. The Republicans, on the other hand, recently rejected supporting even medical marijuana.

Job Opening: NORML Seeks a New Director. In the wake of the resignation of long-time executive director Allen St. Pierre, the nation's largest marijuana consumer group is seeking a new leader. Click on the link for information about job requirements and more.

Drug Testing

New OSHA Rule Warns on Blanket After-Injury Drug Testing. The federal Occupational Safety and Health Administration (OSHA) has issued a final rule for the electronic submission of injury and illness data for certain employers, and in doing so, the agency warns that "OSHA believes the evidence in the rulemaking record shows that blanket post-injury drug testing policies deter proper reporting." Policies mandating automatic post-injury drug testing can discourage reporting of accidents and injuries, OSHA said, adding that blanket testing may be inappropriate: "Although drug testing of employees may be a reasonable workplace policy in some situations, it is often perceived as an invasion of privacy, so if an injury or illness is very unlikely to have been caused by employee drug use, or if the method of drug testing does not identify impairment but only use at some time in the recent past, requiring the employee to be drug tested may inappropriately deter reporting. To strike the appropriate balance here, drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use."

Law Enforcement

Maryland Gives Up on Plan to Ban Letters to Prisoners to Fight Drug Smuggling. State corrections officials have withdrawn a proposed ban on sending letters to prison inmates in an a bid to stop the smuggling of drugs that can be soaked into photos and paper. Public Safety and Correctional Services Secretary Stephen Moyer had proposed the idea last month, but has now folded in the face of opposition from lawmakers and civil liberties advocates, who called the ban extreme and unconstitutional.

International

Italian Parliament Takes Up Marijuana Legalization on Monday. The Chamber of Deputies is expected to debate a legalization bill on Monday. The bill would legalize the possession of up to 15 grams at home and five grams outside the home, the cultivation of up to five plants for personal use, the creation of cannabis social clubs, and a regulated and licensed marijuana industry in the country.

Medical Marijuana Bill Filed in Ireland. An opposition member of the Dail has introduced a medical marijuana bill. Deputy Brid Smith of the Anti-Austerity Alliance/People Before Profit Party filed the measure, which envisions a Cannabis Regulation Authority and a licensing regime. The bill will be debated later as a private member's bill.

Greece Moving Forward on Medical Marijuana. The Health Ministry this week announced the formation of a working group of academics, psychiatrists, and scientific and legal advisers for the prime minister, the health ministry, and the justice ministry to begin examining issues around medical marijuana. The group's task is to propose feasible regulations for medical marijuana, and it is charged to submit its proposals by the end of October.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays 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: AR MedMJ Makes Ballot, Roadside Drug Tests Send Innocent to Jail, More... (7/7/16)

Arkansas will join Florida in voting on medical marijuana in November, California's Prop 64 legalization initiative just got another $1.25 million from Sean Parker, a major investigative report finds that police field drug tests are shoddy, unreliable, and are sending innocent people to jail and prison, and more.

Cheap police field drug tests are unreliable and send innocent people to jail, a major investigative report has found.
Marijuana Policy

Alaska Governor Signs Bill for National Criminal Background Checks on People Seeking Marijuana Business Licenses. Gov. Bill Walker (R) has signed into law Senate Bill 165, which will allow state regulators to send fingerprints acquired as part of the application process for marijuana business licenses to the state Department of Public Safety and FBI. Until now, regulators have been issuing licenses based on the applicant's sworn certification he does not hae a disqualifying criminal history.

Sean Parker Kicks in Another $1.25 Million for California Prop 64 Legalization Initiative. Former Facebook president and tech sector billionaire Sean Parker has just doubled his contribution to the Prop 64 campaign. Parker donated $1.25 million, bringing his total contributions so far to $2.5 million.

Medical Marijuana

Arkansas Medical Cannabis Act Qualifies for November Ballot. Arkansans for Compassionate Care (ACC) has collected enough valid voter signatures to qualify its medical marijuana initiative for the November ballot, Secretary of State Mack Martin confirmed Tuesday. A second initiative, the Arkansas Medical Marijuana Amendment, has yet to qualify for the ballot, and ACC is calling on its organizers to end their campaign and join forces.

California: San Bernardino Initiative to Allow Dispensaries Will Go to Voters. The city council voted Tuesday night to put a dispensary regulatory system before the voters in November, even though a majority disapproves of it. Their hand was forced by a petition campaign that gathered more than 6,000 voter signatures. A second, competing proposal may also make the ballot.

California: Long Beach to Vote on Allowing Dispensaries. City Clerk Maria de la Luz Garcia announced Tuesday that an initiative to allow dispensaries has qualified for the November ballot. A city council member may try to add another ballot measure that would allow dispensaries, but with more restrictions.

Drug Testing

Roadside Drug Tests Are Sending Innocent People to Jail. In a major investigative piece, Pro Publica and the New York Times Magazine have collaborated to examine the pervasive use of cheap drug field tests by law enforcement and have found that the test generate huge numbers of false positives, resulting in innocent people being jailed and wrongfully convicted of drug charges. Faced with possible prison sentences, many pleaded guilty to lesser charges despite being innocent of any crime.

International

Uruguay Marijuana Consumer Licensing System About to Get Underway. This month, Uruguay will begin signing up pot smokers to buy marijuana from state-licensed pharmacies in the world's first scheme for state-licensed production and sale of the herb. The first crop is being harvested and should be available for sale by mid-August.

Chronicle AM: CA Will Vote on Legalization, Veterans' MedMJ Fight Not Over Yet, More... (6/29/16)

That nation's most populous state will vote on marijuana legalization in November, federal legislators keep fighting for medical marijuana access for veterans, a New Jersey needle exchange bill nears passage, the ACLU goes after the Border Patrol for abuses at interior check points, and more.

Marijuana Policy

It's Official -- California Will Vote on Marijuana Legalization in November. A broadly-backed initiative to legalize marijuana in the country's most populous state will be on the California ballot in November. The secretary of state's office made it official Tuesday afternoon, certifying that a random sample of more than 600,000 signatures turned in showed there were enough valid signatures to qualify the measure. "Today marks a fresh start for California, as we prepare to replace the costly, harmful and ineffective system of prohibition with a safe, legal and responsible adult-use marijuana system that gets it right and completely pays for itself," said Jason Kinney, spokesperson for the Adult Use of Marijuana Act (AUMA).

Medical Marijuana

Eleven Lawmakers Ask House and Senate Leadership to Restore Medical Marijuana Language in VA Bill. The move comes after language allowing VA docs to recommend medical marijuana passed both the House and Senate, only to be mysteriously dropped in conference committee. "We feel the failure of the Conferees to include either provision is a drastic misfortune for veterans and is contrary to the will of both chambers as demonstrated by the strong bipartisan support for these provisions," the supporters wrote to congressional leaders on Tuesday. Among the signatories were Rep. Earl Blumenauer (D-OR) and Sens. Steve Daines (R-MT) and Jeff Merkley (D-OR). Other signatories to the letter, all Democrats, include Sens. Kirsten Gillibrand of New York, Barbara Boxer of California, Cory Booker of New Jersey, Tammy Baldwin of Wisconsin, Ron Wyden of Oregon, and Reps. Jared Polis of Colorado, Dina Titus of Nevada and Ruben Gallego of Arizona.

Illinois Judge Orders State to ADD PTSD to Medical Marijuana List. A Cook County judge has ordered the state Department of Public Health to add post-traumatic stress disorder (PTSD) to the list of diseases eligible to be treated with medical marijuana. The sternly worded ruling also said the department's director, Niray Shah, an appointee of Republican Gov. Bruce Rauner, had engaged in a "constitutionally inappropriate private investigation" before deciding to rule against adding PTSD after the medical marijuana advisory board had recommended adding it. The court accused Shah of applying his own standard of medical evidence that "appears nowhere in the Act or the department's rules" and "was contrary to the plain language of the department's rules."

Los Angeles County Extends Ban on Medical Marijuana in Unincorporated Areas. County supervisors voted Tuesday to extend by a year a temporary ban on medical marijuana cultivation and distribution in unincorporated areas. The county enacted a 45-day ban earlier this year and then extended it by another month before now extending it for another year. County planning officials said the ban was needed as they study how to regulate medical marijuana, but advocates retorted that the supervisors should concentrate on actually regulating the industry, not on extending bans.

Harm Reduction

New Jersey Needle Exchange Bill Nears Passage. The Senate Monday gave final approval to a bill that would allow localities across the state to enact needle exchange programs. The Assembly is expected to approve changes in the Senate version of the bill Thursday. The measure, Assembly Bill 415, would then await the signature of Gov. Chris Christie (R) to become law. The state enacted a law allowing pilot needle exchange programs a decade ago.

Law Enforcement

ACLU Accuses Border Patrol of Wrongful Detentions, Seizures The ACLU of Arizona Tuesday filed a formal complaint with the Department of Homeland Security and its constituent agency, US Customs and Border Protection, demanding an investigation into "abuses arising from Border Patrol interior operations." "At the same time the Justice Department and the Obama administration are rightly urging local police to adopt 'best practices' -- ending racial profiling, collecting stop data, and curbing police militarization and asset forfeiture abuses -- we see the nation's largest law enforcement agency, CBP, rejecting those commonsense reforms," said James Lyall, a staff attorney with the ACLU. "The federal government is effectively saying, 'Do as I say, not as I do,' which leaves Border Patrol free to target citizens and non-citizens alike with these increasingly extreme and abusive practices."

Chronicle AM: MA Init Hands in Signatures, Uruguay's First Legal MJ Harvest, More... (6/22/16)

Marijuana legalization efforts advance in California and Massachusetts, Iowa Democrats blow minds with a platform plank, Michigan's welfare drug testing pilot program scores a big fat zero, and more.

It could be high times in Boston come November. (regulatemass.org)
Marijuana Policy

Gavin Newsom Warns California Pot People That Legalization Isn't a Done Deal. The state's pro-legalization lieutenant governor told attendees at the National Cannabis Industry Association conference in Oakland Tuesday that they need to get involved in passing the Adult Use of Marijuana Act (AUMA) this November. "It's not a done deal by any stretch of the imagination," he said. "We need your help on the campaign." Newsom added that while tech billionaire Sean Parker is helping, "He's not going to fund the whole thing. If it is defeated, it will set back this movement in California… and nationally for years and years."

Massachusetts Legalization Backers Hand in Final Signatures. The Massachusetts Campaign to Regulate Marijuana Like Alcohol Wednesday handed in some 25,000 raw signatures as the campaign moved toward the final step in placing its legalization initiative on the November ballot. The campaign only needs 10,792 valid voter signatures in this second round of signature gathering after the legislature failed to act when the campaign turned in more than 60,000 signatures last year.

Medical Marijuana

Congressional Medical Marijuana Research Bills Filed. The bills announced earlier this week have been filed and given bill numbers. The House version, sponsored by Reps. Andy Harris (R-MD) and Earl Blumenauer (D-OR), is HR 5549, while the Senate version, sponsored by Sen. Brian Schatz (D-HI), is S 3077.

Drug Policy

Iowa Democrats' Platform Includes "Legalize All Drugs" Plank. Hawkeye Democrats included the five-word item ("We support legalizing all drugs") as plank No. 293 in their platform, and that's raising eyebrows. But activists involved in the debate said that was shorthand for a policy that aims to treat and mitigate drug addiction instead of criminalizing it. "The brevity of the document doesn't encompass the true meaning,"said Shelly Van Winkle, a registered nurse from Muscatine and newly elected member of the party's state central committee who was active in the platform debate. Another delegate described it as a "divestment strategy in the drug war."

Drug Testing

Michigan Welfare Drug Test Program Generates Zero Positives. The state of Michigan has ordered 303 people seeking welfare benefits to undergo drug testing under a pilot program, and not a single one of them has tested positive for illicit drugs. Gov. Rick Snyder (R), who signed the program into law, declined to comment. Similar programs in other states have produced similar results, although not as dramatic as Michigan's In Tennessee, 65 out of 40,000 applicants tested positive; in Mississippi, two out of 3,656. In Michigan, the people tested were flagged as likely to be using drugs during an initial screening.

International

First Legal Pot Crop Being Harvested in Uruguay. Two companies responsible for marijuana production have begun their first legal harvest, and their product should be hitting the country's pharmacies "soon," said Juan Andres Roballo, head of the National Drug Board, which has oversight over the fledgling industry. By August, Uruguayans should be able to buy weed in five- or 10-gram packets, with the price set at $1.20 per gram.

Chronicle AM: Supremes Open Door to More Lawless Searches, CA Dems Endorse AUMA, More... (6/20/16)

The Supreme Court hands down a pair of rulings supporting law enforcement powers, the California and Arizona marijuana legalization efforts gain powerful endorsements, the feds give up on trying to bust Fedex for shipping prescription pills, and more.

Marijuana Policy

Arizona Congressman Endorses Legalization Initiative. US Congressman Ruben Gallegos (D-Phoenix) announced Monday that he is endorsing the legalization initiative from the Arizona Campaign to Regulate Marijuana Like Alcohol. "Forcing sales of this plant into the underground market has resulted in billions of dollars flowing into the hands of drug cartels and other criminals," Rep. Gallegos said. "We will be far better off if we shift the production and sale of marijuana to taxpaying Arizona businesses subject to strict regulations. It will also allow the state to direct law enforcement resources toward reducing violence and other more serious crimes."

California Democratic Party Endorses Legalization Initiative. Meeting in Long Beach over the weekend, the executive committee of the state Democratic Party voted to endorse the Adult Use of Marijuana Act (AUMA). The initiative would legalize the possession of up to an ounce of weed, allow limited personal cultivation, and allow regulated commercial cultivation and sales.

Colorado Health Department Reports No Increase in Youth Use. Marijuana use among high school students in the state has not increased since legalization, the Health Department reported Monday. The report was based on a statewide student survey. It found that 21% of students had reported using marijuana, in line with earlier figures from the state and below the national average of nearly 22%.

Medical Marijuana

Congressional Pot Fans, Foes Work Together on New Research Bill. Legalization opponent Rep. Andy Harris (R-MD) is joining forces with Congress's "top legal pot advocate," Rep. Earl Blumenauer (D-OR) to file a bill to overhaul federal policies on marijuana research. The bill would make it easier for scientists to conduct research on the medical use of marijuana. It hasn't been filed yet, but is expected this week.

Arkansas Initiative Campaign Hands in Signatures. Supporters of the Arkansans for Compassionate Care medical marijuana initiative handed in more than 110,000 raw signatures to state officials in Little Rock Monday. The initiative only needs some 67,000 valid voter signatures to qualify for the November ballot. If as many as 30% of the signatures are found invalid, organizers would still have enough signatures to qualify.

Asset Forfeiture

Oklahoma Governor Delays Using Card Readers to Seize Money. In the wake of a furious outcry over the Highway Patrol's recent use of ERAD card-reading devices to seize money from debit and credit cards, Gov. Mary Fallin (R) last Friday directed the secretary of safety and secure to delay using the the card-readers until the state can develop a clear policy for their use.

Law Enforcement

Supreme Court Opens Door to More Lawless Police Searches. In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the weight of the federal criminal justice system to come down on small-time criminals whose cases would normally be the purview of local authorities on the other. Taken together, the decisions show a high court that once again give great deference to the demands of law enforcement.

Feds Drop Drug Trafficking Case Against Fedex. Federal prosecutors in San Francisco last Friday suddenly moved to drop all criminal charges against the delivery service, which they had accused of knowingly delivering illegal prescription drugs. In court, presiding Judge Charley Breyer said the company was "factually innocent" and that the DEA had failed to provide it with the names of customers who were shipping illegal drugs. "The dismissal is an act, in the court's view, entirely consistent with the government's overarching obligation to seek justice even at the expense of some embarrassment," Breyr said, according to a transcript of the hearing.

Supreme Court Opens Door for More Lawless Police Searches [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.

The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the weight of the federal criminal justice system to come down on small-time criminals whose cases would normally be the purview of local authorities on the other. Taken together, the decisions show a high court that once again give great deference to the demands of law enforcement.

In the first case, Utah v. Strieff, the Supreme Court held that evidence obtained from the illegal stop of Strieff should not be thrown out under the exclusionary rule, which requires that illegally seized be suppressed as "fruit of the poisonous tree." The exclusionary rule, which dates back to 1920 and values the rule of law even at the expense of seeing a guilty suspect go free, has long been a bane of judicial conservatives, who have been trying to chip away at it since at least the 1980s.

In Strieff, a Salt Lake City police officer investigating possible drug activity at a residence stopped Strieff without "reasonable cause" after he exited the home. During his encounter with Strieff, the police officer found that he was wanted on a traffic warrant, arrested him, then searched him subsequent to arrest. The police officer found methamphetamine and drug paraphernalia, then charged him with drug and paraphernalia possession.

Strieff argued to suppress the evidence, arguing that it was derived from an unlawful investigatory stop. He lost at the trial and appeals court levels, but the Utah Supreme Court overturned his conviction, holding that an exception to the exclusionary rule known as the "attenuation doctrine" did not apply. The US Supreme Court disagreed.

The attenuation doctrine holds that unlawfully obtained evidence may be used even if "the fruit of the search is tainted by the initial, unlawful detention…if the taint is dissipated by an intervening circumstance," as the Utah Supreme Court described it. In other words, if police acting in good faith violate the law and don't do it flagrantly, they should be able to use any evidence found as a result of that violation in court.

The Supreme Court divided 5-3 on the case, with Chief Justice Roberts joining justices Alito, Breyer, and Kennedy joined Justice Clarence Thomas in his majority opinion. Thomas held that the police misconduct was not bad enough to warrant suppression of the evidence and, besides, police probably aren't going to abuse their powers to do mass searches.

"[The officer's] purpose was not to conduct a suspicionless fishing expedition but was to gather information about activity inside a house whose occupants were legitimately suspected of dealing drugs," Thomas wrote. "Strieff conflates the standard for an illegal stop with the standard for flagrancy, which requires more than the mere absence of proper cause. Second, it is unlikely that the prevalence of outstanding warrants will lead to dragnet searches by police."

Even if someone is unlawfully detained, evidence obtained from them can be used in court, the high court ruled. (wikimedia.org)
The Supreme Court's liberal minority was not nearly as sanguine. Justice Sonia Sotomayor, with Justice Ginsberg concurring, cut right to the heart of the matter:

"The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer's violation of your Fourth Amendment rights," she wrote in her dissent. "Do not be soothed by the opinion's technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants -- even if you are doing nothing wrong. If the officer discovers a warrant for a fine you forgot to pay, courts will now excuse his illegal stop and will admit into evidence anything he happens to find by searching you after arresting you on the warrant. Because the Fourth Amendment should prohibit, not permit, such misconduct, I dissent."

In the second case, Taylor v. United States, the high court upheld the ability of federal prosecutors to use federal law to prosecute people who rob drug dealers, even if the dealers are dealing only in locally-grown marijuana with no evidence of interstate sales. That 7-1 decision is in just the latest in a long line of cases upholding the ability of the federal government to regulate interstate commerce under the Constitution's "commerce clause" and to protect it from robbery or extortion under the 1951 Hobbs Act.

It was the "commerce clause" line of cases that led to the 2005 Gonzales v. Raich decision in which the Supreme Court upheld the ability of the federal government to move against marijuana cultivation and sales even in states where it is legal. In that case, the high court ruled that California medical marijuana patient Angel Raich's cultivation of marijuana plants at her home in California for her use in California implicated interstate commerce and was therefore liable to federal jurisdiction.

Even marijuana grown and sold locally implicates the Constitution's commerce clause, the court has ruled. (flickr.com)
In Taylor, Taylor was part of a Virginia gang known as the "Southwest Goonz" who targeted and robbed marijuana growers and dealers. He was charged under the Hobbs Act with two counts of "affecting commerce or attempting to do so through robbery." In his first trial, which resulted in a hung jury, Taylor offered evidence that the dealers targeted only trafficked in locally-grown marijuana. In his second trial, prosecutors convinced the court to exclude that evidence, and Taylor was convicted on both counts. The 4th US Circuit Court of Appeals affirmed that conviction, "holding that, given the aggregate effect of drug dealing on interstate commerce, the Government needed only to prove that Taylor robbed or attempted to rob a drug dealer of drugs or drug proceeds to satisfy the commerce element."

In an opinion authored by Justice Alito, the Supreme Court agreed.

"[T]he Government met its burden by introducing evidence that Taylor's gang intentionally targeted drug dealers to obtain drugs and drug proceeds," he wrote. "That evidence included information that the gang members targeted the victims because of their drug dealing activities, as well as explicit statements made during the course of the robberies that revealed their belief that drugs and money were present. Such proof is sufficient to meet the Hobbs Act's commerce element."

Only Justice Thomas dissented, arguing that the whole line of "commerce clause" cases granted too much power to the federal government.

"The Hobbs Act makes it a federal crime to commit a robbery that 'affects' 'commerce over which the United States has jurisdiction," Thomas wrote. "Under the Court's decision today, the Government can obtain a Hobbs Act conviction without proving that the defendant's robbery in fact affected interstate commerce -- or any commerce. The Court's holding creates serious constitutional problems and extends our already expansive, flawed commerce-power precedents. I would construe the Hobbs Act in accordance with constitutional limits and hold that the Act punishes a robbery only when the Government proves that the robbery itself affected interstate commerce."

Two cases, two distinct lines of legal precedent, one outcome: Drug cases continue to provide a basis for the expansion of state law enforcement power.

Washington, DC
United States

Chronicle AM: UK Public Health Groups Call for Decrim, MPP Endorses Gary Johnson, More... (6/16/16)

Busy, busy: There's movement on marijuana banking, Gary Johnson picks up MPP's endorsement, a leading California cannabis oil producer gets busted, the AMA casts on leery eye on patient pain reports, a congresswoman wants to drug test the rich, British public health groups call for decrim, the Thai government wants to end the war on meth, and more.

Libertarian Gary Johnson has won the endorsement of the Marijuana Policy Project because of his pro-legalization stance.
Marijuana Policy

Senate Committee Approves Measure to Ease Pot Businesses' Access to Financial Services. The Senate Appropriations Committee on Thursday voted 16-14 to approve an amendment that would bar the Treasury Department from punishing banks that do business with state-legal marijuana businesses. The amendment is part of the FY 2017 Financial And General Government Services Appropriations Act, which now heads for a Senate floor vote.

Marijuana Policy Project Endorses Libertarian Gary Johnson for President. MPP has formally endorsed Libertarian Party candidate Gary Johnson for president, saying he was the obvious choice as the most pro-marijuana legalization candidate on the ballot. The group said its endorsement was based solely on his marijuana policies.

New York Assembly Passes Bill to Seal Records for Misdemeanor Marijuana Convictions. The Assembly has passed Assembly Bill 10092, which will seal the conviction records of people charged with misdemeanor offenses. Assembly Speaker Carl Heastie said the move was in response to New York City police charging people with misdemeanors for possession of marijuana in public. Simple possession is decriminalized in the state.

Medical Marijuana

Leading California Medical Marijuana Oil Maker Busted.Police, including DEA agents, raided five properties associated with a well-known medical marijuana products manufacturer in Northern California's Sonoma County Wednesday morning, detaining at least nine people and arresting one on suspicion of felony drug manufacture for his role in cannabis oil production.The operation raided was Care By Design (CBD Guild), which produces CBD-rich cannabis oils for use in sprays, gels, and cannabis oil cartridges for vaporizers. The company offers products with five different ratios of CBD to THC so "patients can adjust their cannabis medicine to suit their specific conditions and personal preferences." Police accused the operation of using dangerous and illegal butane extraction for their oils, but Care By Design says that is not the case.

Heroin and Prescription Opioids

AMA Resolutions Aim to Curb Opioid Abuse, Will Ignore Patients' Pain Reports. At its annual meeting in Chicago, the American Medical Association (AMA) approved a number of resolutions aimed at curbing the misuse of prescription opioids. One called for removing any barriers to non-opioid pain therapies, one calls for promoting increased access to the opioid overdose reversal drug naloxone (Narcan), but "the group also voted in favor of efforts to remove pain as a vital sign in professional standards, as well as disconnecting patient satisfaction scores from questions related to the evaluation and management of pain," a move that may not bode well for chronic pain patients.

Asset Forfeiture

Company Now Offers Asset Forfeiture Insurance to Cannabusinesses. CBZ Insurance Services is now offering coverage to protect state-legal marijuana businesses from the threat of seizure and asset forfeiture. The company's "search and confiscation" coverage applies only to entities that are state-legal and are found innocent of any raid-related charges. "A legally operating cannabis business has unique challenges other types of businesses don't have," said CBZ's Jeffrey Rosen. "One challenge is the threat of being shut down at any time by law enforcement. Whether you're a grower, distributor or manufacturer, search and seizure coverage is the best protection for a company's assets."

Drug Testing

Congresswoman Wants to Drug Test the Rich Before Approving Tax Deductions. US Rep. Gwen Moore (D-WI) has called for requiring wealthy Americans to undergo a drug test before approving their tax deductions. Moore said she will file the bill because she is "sick and tired, and sick and tired of being sick and tired, of the criminalization of poverty," referring to efforts pushed by Republican governors and legislators to impose drug testing requirements on people seeking public benefits. "We're not going to get rid of the federal deficit by cutting poor people off SNAP. But if we are going to drug-test people to reduce the deficit, let's start on the other end of the income spectrum."

International

British Public Health Bodies Call for Drug Decriminalization. Two leading public health bodies say drug use is a health issue, not a criminal one, and have called for drug decriminalization. The Royal Society for Public Health and the Faculty of Public Health said that criminalizing drug use has not deterred people from using drugs, and that those harmed by drug use are harmed again by punishment. "We have taken the view that it is time for endorsing a different approach," said Shirley Cramer, chief executive of the Royal Society. "We have gone to our stakeholders and asked the public and tried to gain some consensus from our community and the public, because that is very important." The society has detailed in its new line in the aptly named report Taking a New Line on Drugs.

Thailand Government Proposes Ending War on Meth and Regulating It Instead. Thai Justice Minister Paiboon Koomchaya has suggested removing meth from the country's dangerous illicit drug list and putting it in the same category as medicinal drugs, with controls -- not bans -- on distribution, sale, and use of the drug. Current measures to suppress the drug have not worked, he said. Paiboon's comments came in a discussion of the UN General Assembly Special Session on Drugs (UNGASS), which met in April. "The world has now surrendered to drugs, and has come to think of how to live with drugs. It is like a man suffering from cancer and having no cure and he has to live a happy life with the cancer," Gen Paiboon said. The government has drawn up a bill that would do that, he said.

(This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays 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.)

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