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Chronicle AM: NFL Relaxes Marijuana Policy, Bolivia Rejects US Criticism, Aussie PM Supports MedMj, More (9/18/14)

MPP fights to get a third local Maine initiative on the ballot, Florida CBD cannabis oil growers fight for better rules, the NFL relaxes its marijuana policy, Bolivia's president rejects US claims on drugs, Australia's prime minister supports medical marijuana, and more. Let's get to it:

Bolivian President Evo Morales shrugs off US criticism of his country's drug policies. (wikimedia.org)
Marijuana Policy

MPP Files Complaint to Get York, Maine, Initiative on Ballot. The Marijuana Policy Project filed a complaint yesterday in York County Superior Court seeking a temporary injunction to force the town Board of Selectmen to put a possession legalization question on the November ballot. The board has twice refused to put the matter to voters, despite petitioners gathering enough signatures to put the measure on the ballot. The complaint seeks a hearing by tomorrow. Similar initiatives are already set for Lewiston and South Portland; Portland voted to legalize it last year.

Medical Marijuana

Florida CBD Cannabis Oil Program Delayed After Growers Complain About Proposed Rules. The Department of Health's issuance of proposed rules on who could qualify for one of five licenses to grow low-THC, high-CBD medical marijuana under a new state law have run into stiff opposition from potential growers. The growers have filed challenges to the rules, and now an administrative judge must deal with those challenges. He has up to 60 days to do so.

Drug Policy

NFL, Players Agree on New Drug Policy, League Eases Up on Marijuana. The league's new drug policy allows for immediate testing for the presence of human growth hormone (HGH). It also raises the acceptable level of THC found in a player's system from 15 nanograms per millileter to 35 nanograms. The change in policy will allow several suspended players to return immediately; others will see the lengths of their suspensions reduced.

Opiates

Senator Whitehouse Files Bill to Address Prescription Opiate, Heroin Use. Sen. Sheldon Whitehouse (D-RI) yesterday introduced SB 2389, "a bill to authorize the Attorney General to award grants to address the national epidemics of prescription opioid abuse and heroin use." The next of the bill is not yet available online. The bill heads to the Senate Judiciary Committee.

North Carolina Conference on Heroin Set for February. The North Carolina Harm Reduction Coalition, legislators, medical professionals, law enforcement, and heroin users and people impacted by its use will hold a conference in February to discuss legislative solutions to heroin use and heroin-related drug overdoses. Click on the link for more information.

International

Irish Review Calls for Easing Drug Laws. A government study of sentencing policy has called for an easing of mandatory minimum sentences for serious drug dealing offenses, which currently stand at 10 years. The Strategic Review of Penal Policy also recommends increasing the monetary threshold that triggers serious drug dealing charges, which is currently at about $20,000. And it calls for increasing "good time" for good behavior in prison from 25% to 33%.

Bolivia Rejects US Claim It Hasn't Done Enough to Curtail Drug Production. Bolivian President Evo Morales, a coca growers' union leader, rejected the White House's designation last week of Bolivia as one of three countries (along with Burma and Venezuela) that had failed to comply with US drug policy mandates. "Whatever they do and whatever they say, or yell from the United States, the people won't be confused by this type of information," Morales said Wednesday in a speech. Although the US complains that "illegal cultivation for drug production remains high," the UNODC said in June that coca leaf production in Bolivia last year had declined 9% and was at the lowest level since 2002.

Mexico Orders 18 Black Hawk Helicopters for More Better Drug War. The Pentagon announced this week that it has awarded a $203 million contract to Sikorsky to build 18 UH-60M Black Hawk helicopters for the Mexican Air Force. That contract doesn't include the cost of engine and mission systems; the total cost for supplying the choppers will be about $680 million. Mexico will use the choppers "to enhance its counter-narcotics capabilities."

Australia Prime Minister Backs Medical Marijuana. Prime Minister Tony Abbott has written in a letter to a radio host saying he is prepared to support legalizing medical marijuana. "I have no problem with the medical use of cannabis, just as I have no problem with the medical use of opiates," Abbott wrote. "If a drug is needed for a valid medicinal purpose though and is being administered safely there should be no question of its legality. And if a drug that is proven to be safe abroad is needed here, it should be available. I agree that the regulation of medicines is a thicket of complexity, bureaucracy and corporate and institutional self interest. My basic contention is that something that has been found to be safe in a reliable jurisdiction shouldn't need to be tested again here."

South Africa Medical Marijuana Bill Gets Support of Christian Democrats. The Medical Innovation Bill, which would allow for the use of medical marijuana, has gained the support of the African Christian Democratic Party. The bill was reintroduced by an Inkatha Party member last week, and the governing African National Congress Party approved letting it move forward.

Chronicle AM: WaPo Just Says No, WV Pain Clinics Using Narcs, More (9/15/14)

The Washington Post just says no to the DC marijuana initiative, the Oregon initiative sees a lively debate, the Madison, WI, police chief says legalize it, another drug war death, West Virginia pain patients are getting screened by narcs -- and paying for the privilege! -- and more. Let's get to it:

Imprisoned Vietnamese drug users working at a "rehabilitation center" in 2011 (hrw.org)
Marijuana Policy

Washington Post Counsels "No" Vote on DC Initiative. The editorial board of The Washington Post came out Sunday against DC's Initiative 71 legalizing the possession and cultivation of small amounts of marijuana. The paper noted that it had supported DC's recent decriminalization, but worried about "the rush to legalize marijuana." The paper warned that marijuana is "a dangerous drug" and "a gateway to more dangerous drugs." It also warned of "negative consequences" of legalization in Colorado, citing contentious information from the anti-legalization group Project SAM.

Legalization Debated in Oregon. The Salem City Club was the site of an hour-long debate last Friday over the legalization initiative, Measure 91. US Rep. Earl Blumenauer (D-OR) represented the "pro" side, while Clatsop County DA Josh Marquis represented the "con" side. Click on the title link for the flavor of the debate.

York, Maine, Initiative Still Up in Air. Will residents of York get to vote on marijuana possession legalization this year or not? The city council has rejected an initiative petition, but organizers were expected to submit a notarized version of the signatures to the town clerk, which would put the measure on the ballot. That hasn't happened yet. The Coalition for a Safer Maine only has until Friday, but the town clerk is now saying signatures may have to be re-gathered. The Coalition is considering its options. Similar initiatives are already on the ballot in Lewiston and South Portland, and Portland passes its own measure last year.

New York State Senator Says She Will Introduce Legalization Bill. Sen. Liz Krueger (D-Manhattan) said Sunday she will introduce a bill to legalize marijuana. "I will push for taxation and regulation of marijuana," she said. "I continue to work with experts around the country and to evaluate laws and regulations being put into place now." She introduced a similar bill last session that went nowhere, but she said progress on medical marijuana and factional realignments in Albany made her hopeful. "I see more hope in a Democratic majority for… pieces of legislation that weren't going anywhere," she said.

Madison, Wisconsin, Police Chief Says Legalize It. Police Chief Mike Koval came out in favor of marijuana legalization last week, saying it should be taxed and regulated, with revenues used to provide treatment for hard drug users. The war on drugs in general and on marijuana in particular has been "an abject failure," he said. "We've done such an abysmal job using marijuana as a centerpiece of drug enforcement, that it's time to reorder and triage the necessities of what's more important now," he added.

Medical Marijuana

Florida Republican County Chairs Oppose Medical Marijuana Initiative. GOP county chairs voted last Friday to oppose Amendment 2, the state's medical marijuana constitutional amendment. They worried it would lead to widespread access to marijuana. "I do not want to see Florida turned into the pot capital of the world," said Volusia County GOP chair Tony Ledbetter, in a remark typical of Republican concerns.

Drug Testing

Wisconsin's Republican Governor Comes Out for Public Benefits Drug Testing. In a tough race for reelection, Gov. Scott Walker has come out with a proposal to drug test people seeking food stamps or unemployment benefits and he is looking for a fight with the federal government over it. The notion is politically popular, but legally and constitutionally problematic. Walker's opponent, Democrat Mary Burke, has derided Walker's plan as a campaign stunt.

Pain Treatment

West Virginia Pain Clinics Using Former Narcs to Screen Patients. People seeking medical assistance at the Hope pain clinics in Beckley, Fairmont, and Kanawha City now must undergo screening by former narcotics officers -- and pay for the privilege. The clinics are charging patients $150 to be fingerprinted, photographed, drug tested, background checked, and interviewed by the former narcs. The work is doing by a private company, but some state legislators said it should be doctors -- not police -- who are reviewing and monitoring patients.

Law Enforcement

House Judiciary Committee Hearing Thursday on DEA Oversight. The House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations will meet Thursday for a hearing on DEA oversight. The only scheduled witness is DEA Administrator Michele Leonhart. Click on the link for more details.

19-Year-Old City Oklahoma Woman Shot By Cops Is Year's 33rd Drug War Fatality; Boyfriend Now Charged With Murder. An Oklahoma City woman was shot and killed by police as she attempted to drive away from a drug bust and hit an officer on foot earlier this month. Karen Cifuentes, 19, becomes the 33rd person to die in US domestic drug law enforcement operations so far this year. Cifuentes was apparently the girlfriend of passenger Juan Manuel Aguilera Perez, 24, who reportedly threw a bag of cocaine from the car as the pair fled. Perez is now charged with first degree murder, possession of a controlled substance with intent to deliver, and possession of drug proceeds ($400 in cash). Because Perez's was allegedly in the midst of the commission of a felony -- drug sales -- when police shot Cifuentes, under Oklahoma law he can -- and has been -- charged with murder in her death.

International

Parliamentary Citizen's Initiative for Marijuana Legalization Now Third Most Successful in Austrian History. A parliamentary citizen initiative asking for marijuana legalization has now been signed by 22,392 Austrians, making it the third most successful such petition in the country's history. "This huge success motivates us to organize a parliamentary hearing in order to reduce information deficits as most Austrian politicians still reject any legalization moves," said Bernhard Amann, chairman of Legalize!Österreich.

Hundreds of Vietnamese Drug Users Flee Compulsory "Rehabilitation Center." At least 400 inmates at a compulsory drug treatment "rehabilitation center" escaped on Sunday after breaking down the gates of the center near Hai Phong City. Drug users in Vietnam are regularly arrested and sent to compulsory treatment programs, a practice that has been denounced by human rights groups. A local official was quoted as saying that the men had escaped to pressure authorities for "better policy." They can be held for up to three years in the treatment centers, which Human Rights Watch has called "little more than forced labor camps."

(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: Medical Marijuana and Opiate ODs, ME Welfare Drug Test Law, Colombia Drug Talks, More (8/26/14)

Medical marijuana may reduce opioid overdose death rates, International Overdose Awareness Day is coming, the drug war claims another victim, new studies from the NIJ, and more. Let's get to it:

Medical Marijuana

Medical Marijuana States Have Lower Opiate Overdose Rates, JAMA Study Finds. States with medical marijuana laws have significantly lower rates of opiate overdose deaths than states that don't, according to an article published Monday in the prestigious Journal of the American Medical Association. The article is Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999-2010.

Illinois Seeks Nominees for Medical Marijuana Advisory Board. The state medical marijuana program is looking for health professionals and patients to serve on its advisory board, which will be appointed by the governor. For more information, visit the Illinois Medical Cannabis Pilot Program.

New Mexico Cannabis Medical Advisory Board Holds Public Hearing on Proposed New Rules. The state's cannabis program's Medical Advisory Board (MAB) held a public hearing yesterday on proposed rule changes to the program. The MAB is frustrated that the Department of Health did not formally consult with it before releasing proposed rule changes, which have garnered unhappy responses from patients and providers.

Harm Reduction

August 31 is International Overdose Awareness Day. In Los Angeles, members of A New PATH (Parents for Addiction Treatment and Healing) are hosting an event at the Santa Monica Pier and Palisades Park. Click on the title link for more details. For details on other Overdose Awareness Day events, visit International Overdose Awareness Day.

Drug Testing

Maine Welfare Drug Test Program Gets No Support at Public Hearing. Health and Human Services Commissioner Mary Mayhew told a public hearing on Gov. LePage's (R) welfare drug testing plan that it was a "common sense approach," but no one else seemed to agree. The ACLU of Maine and Maine Equal Justice Partners vehemently differed. The drug testing scheme, which had been okayed in 2011, but which LePage just rolled now as he faces reelection, would require people with past felony drug convictions to be tested before being approved. A written public comment period is open through Sept. 7, after which Attorney General Janet Mills, a Democrat, will need to sign off on whether the final rule complies with federal law and the intent of the original state-level legislation.

Drugs and Crime

National Institute of Justice Releases Reports on Crime and Drugs. The National Criminal Justice Reference Service at the National Institute of Justice has released five technical reports on drugs and crime. They are: How Much Crime Is Drug-Related? History, Limitations, and Potential Improvements of Estimation Methods, Reducing Drug Violence in Mexico: Options for Implementing Targeted Enforcement, Measuring the Costs of Crime, Drug Control and Reductions in Drug-Attributable Crime, and Managing Drug-Involved Offenders. Click on the title link for more details.

Law Enforcement

Puerto Rico Police Officer is Year's 30th Drug War Fatality. Puerto Rican police officer Geniel Amaro Fantauzzi died Monday after being taken off life support six days after he was shot and critically wounded during a drug raid at a residence. He was an agent of the Humaco Drug Division.

International

Colombia Drug Policy Talks Get Underway. The National Dialog for the Future of Drug Policy got underway last Friday in Bogota. The meeting with members of academia, political groups, and unions is the first of 10 national and regional forums organized by the ministries of Justice, Health and Social Welfare, and Public Affairs. In the first forum, a survey of 61 recognized drug experts was presented, with all 61 saying drug policy "must change" and 42 of them considering current policy "ineffective, costly, and repressive."

Chronicle AM: AR Initiative Rejected, SWAT Lobby Gears Up, Israel Bans New Synthetics, More (8/22/14)

It's back to the drawing board for an Arkansas legalization initiative, we have a pair of Minnesota court cases, the Michael Brown killing starts bleeding into drug-policy related areas, Israel bans new synthetics, and more. Let's get to it:

history repeats itself (image is of and infamous 1914 NYT editorial)
Marijuana Policy

Arkansas Attorney General Rejects Wording for Legalization Initiative. Attorney General Dustin McDaniel has rejected the proposed wording for a prospective 2016 legalization initiative, the Cultivate Hemp and Regulate Marijuana Amendment. The name and ballot title are ambiguous and have "misleading tendencies," McDaniel wrote. Read the opinion here.

Fewer Than One in Five New Yorkers Oppose Marijuana Reform. According to a new Quinnipiac Poll, only 19% of New Yorkers oppose legalizing marijuana for personal or medical use, while 44% say it should be available for medical purposes and another 35% say it should be legal for personal use.

Asset Forfeiture

Minnesota Supreme Court Rules Evidence from Illegal Search Can't Be Used in Asset Forfeiture Proceedings. The state high court ruled Wednesday that evidence derived from a traffic stop that was determined to be unlawful cannot be used to seize someone's property. The court held that Fourth Amendment proscriptions against unlawful search and seizure apply to civil cases as well. The case is Daniel Garcia-Mendoza v. 2003 Chevy Tahoe.

Drug Testing

Minnesota Drug Testing Law's Worker Protections Don't Extend Outside State, Federal Court Rules. The state's Drug and Alcohol Testing in the Workplace ACT (DATWA) doesn't apply to state residents working or applying to work outside the state, a federal court has ruled. DATWA provides employees with the right to challenge positive drug test results and to try to seek treatment before being fired, but in Olson v. Push, Inc, the court ruled that those protections did not apply to drug tests taken for employment outside Minnesota.

Law Enforcement

SWAT Lobby Gears Up to Keep Access to Surplus Military Equipment. In the wake of unrest in Ferguson, Missouri, after the police killing of Michael Brown, the practice of equipping local law enforcement with surplus military equipment has come under significant criticism. Now the "SWAT lobby," in the form of the National Tactical Officers Association, is moving to ensure that access to military hardware remains unimpeded. It sent a mass email to all congressional offices lamenting the situation in Ferguson, but the bottom line was that police need that surplus military equipment.

Race

The Return of the Drug Crazed Negro. Reason magazine's Jacob Sullum has penned a piece noting the revival of a century-old racist trope -- that of the drug-crazed black man -- in the wake of the police shooting of 18-year-old black man Michael Brown in Ferguson, Missouri. Sullum notes that conservative commentators have been quick to speculate that he was hopped up on PCP or some other drug that made him crazy enough to attack a cop. Autopsy results say he had smoked marijuana.

International

Young Europeans Split on Marijuana Legalization. The European Union's polling arm Eurobarometer has found Europeans 15 to 24 divided on legalization. According to its poll of 13,000 respondents, 45% favored marijuana legalization, with 53% opposed. European youth was much more unified when it came to other drugs -- more than 90% said drugs like cocaine, ecstasy, and heroin should be illegal.

Israel Bans 10 New Synthetic Drugs. Health officials in Israel have banned 10 new synthetic drugs, or "kiosk drugs," as they are known there. They include synthetic cannabinoids, stimulants, and hallucinogens.

Chronicle AM: Scary Alaska Marijuana Poll, Maryland SWAT Raids, West Africa Drug Meeting (8/20/14)

An unsettling poll in Alaska, Minnesota medical marijuana mom gets busted, there's money to be made in drug testing, Maryland SWAT teams have been busy, a West African meeting on drugs is underway, and more. Let's get to it:

Marijuana Policy

Alaska Legalization Initiative Trails in Poll. The people trying to legalize marijuana in Alaska are in for a tough battle, if the most recent Public Policy Polling survey is any indicator. That poll, taken at the end of July and the beginning of this month, has the marijuana legalization initiative trailing, 44% to 49%. That's a reversal from PPP's last poll on the topic in May, which had the initiative leading by a margin of 48% to 45%. Neither set of numbers is likely to lead to smiling faces at the Campaign to Regulate Marijuana Like Alcohol in Alaska, the group behind Measure 2.

Washington Attorney General Files Brief in I-502 Lawsuit. Attorney General Bob Ferguson has filed a brief in a lawsuit filed by would-be marijuana business operators seeking to overturn local bans on such businesses. The brief argues that nothing in the state's voter-approved marijuana legalization law overrides the authority of local governments to regulate businesses, including marijuana businesses. In other words, the attorney general is supporting the localities against the marijuana business people.

Stoner Arrested for Growing Pot. Sorry, we couldn't resist (and it's a slow news day). Charlottesville, Virginia, resident Paul Stoner has been arrested by the Blue Ridge Narcotics and Gang Task Force for allegedly growing $10,000 worth of marijuana. He is charged with manufacturing marijuana and possessing a handgun while in possession of more than a pound of pot.

Medical Marijuana

Minnesota Mom Busted for Giving Son Cannabis Oil Too Soon. Although the state this year passed a law allowing for the use of some forms of medical marijuana, it doesn't go into effect until next July. That's too long to wait for Angela Brown, who traveled to Colorado to obtain cannabis oil for her 15-year-old son. Now she is facing two criminal misdemeanors, including child endangerment. The family says it is now considering moving to Colorado so the boy can get his medicine without his mom facing prosecution.

Drug Testing

Big Bucks to Be Made in the Drug Testing Industry, Report Says. The drug testing industry racked up $2.8 billion in sales last year and is expected to continue to grow, according to a new report from industry watcher Kalorama Information. The report, Drugs of Abuse Testing Markets, says the market is expected to crack the $3 billion mark next year. "Continued demand for testing in the workplace in sports and in government and demand for fast reliable new tests and technologies will be the catalyst for sustained growth" said Bruce Carlson, publisher of Kalorama Information."New drugs are also a factor."

Law Enforcement

More Than 6,500 SWAT Raids in Maryland Since 2010. According to data from the Maryland Statistical Analysis Center, which is required to be reported under a state law passed in the wake of the infamous Prince Georges County SWAT raid that killed the dogs of Berwyn Heights Mayor Cheye Calvo, SWAT teams in the state have been deployed more than 6,500 times in the past four fiscal years. That's 4.5 SWAT raids per day. Prince Georges County (suburban DC) carried out by far the most raids, accounting for 31% of all state SWAT raids. About 90% of SWAT deployments were to execute search warrants, but less than half of those warrants were for violent crimes. The available data doesn't separate out drug offenses.

International

Kofi Annan, Olusegun Obasanjo Meet With Ghanaian President on Drug Policy. The chairman of the West African Commission on Drugs, Olusegun Obasanjo, and its most prominent member, former UN Secretary-General Kofi Annan, are meeting today with Ghanaian President John Mahama to discuss regional approaches to the illicit drug trade in the region. The commission earlier this summer called the drug trade a threat to West African institutions, public health, and development and urged regional governments to reform their drugs laws, including by decriminalizing drug possession.

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

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

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

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

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

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

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

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

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

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

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

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

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

Of course, police usually deny knowingly conducting unlawful searches.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Washington, DC
United States

Chronicle AM -- August 6, 2014

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

Marijuana Policy

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

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

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

Medical Marijuana

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

Drug Testing

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

International

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

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

Chronicle AM -- August 4, 2014

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

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

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

Medical Marijuana

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

Sentencing

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

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

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

Drug Testing

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

Asset Forfeiture

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

Law Enforcement

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

International

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

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

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

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

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

Chronicle AM -- July 23, 2014

South Portland, Maine, will vote on marijuana legalization in November, medical marijuana researcher Dr. Sue Sisley's campaign to be reinstated is picking up steam, Mississippi officials get an earful at a public forum on a welfare drug testing law, and more. Let's get to it:

Evo Morales is not only president of Bolivia; he's also the president of the country's largest coca growers' union. (wikimedia)
Marijuana Policy

South Portland, Maine, Marijuana Possession Legalization Initiative Qualifies for November Ballot. Officials in South Portland confirmed today that a citizen initiative to make marijuana possession legal for adults within city limits has qualified for the November 2014 ballot. Citizens for a Safer Maine, a Marijuana Policy Project affiliate, submitted more than 1,500 signatures, and just 959 valid signatures of registered city voters were required. The South Portland City Council will consider whether to enact the measure or refer it to city voters at its meeting scheduled for August 4.

Delaware House Hearing on Marijuana Decriminalization Today. The House Public Safety and Homeland Security Committee is holding a hearing on a decriminalization bill today. The amended version of House Bill 371 would make possession of up to an ounce a civil offense, punishable only by a fine. Under current law, small time possession is a misdemeanor that can garner up to six months in jail.

Medical Marijuana

National Herbal Medicine Industry Group Issues Guidelines for Medical Marijuana Manufacture. The American Herbal Products Association (AHPA) today released medical marijuana manufacturing guidelines, completing its compendium of industry standards. The guidelines complement those set by American Herbal Pharmacopoeia (AHP) for the plant's identity, purity, quality and botanical properties.

Arizona Judge Rules Patients Can Sell to Other Cardholders. A Pima County Superior Court judge has thrown out charges against a medical marijuana patient who offered plants to sale to other cardholders for a $25 "donation," holding that the state's medical marijuana law is vague and can be interpreted as allowing for such activities. So far the ruling only applies to the case at hand, but local prosecutors have vowed to appeal, and a favorable higher court ruling would set precedent statewide.

Campaign to Reinstate Arizona Medical Marijuana Researcher Picks Up Steam. Veterans rallied yesterday at the University of Arizona College of Medicine in Phoenix in support of medical marijuana researcher Dr. Sue Sisley, who says she was fired because of political opposition to her research on the use of medical marijuana for PTSD in veterans. A Change.org petition seeking her reinstatement now has 66,000 signatures (30,000 of them from yesterday alone) and a there is also a Facebook page supporting her.

Drug Testing

Mississippi Public Forum on Welfare Drug Test Law Leads for Calls to Amend It. A welfare recipient, civil liberties advocates, and Democratic politicians strong criticized the state's new law mandating drug testing for some welfare recipients at a public hearing yesterday. They called for it not to be implemented until it can be amended by the legislature. No one spoke in support of the law.

Law Enforcement

Orange County, Florida, Women Sue SWAT Team Over Violent Drug Raid. A mother and daughter are suing the Orange County Sheriff's Office after a SWAT team drug raid left a family dog dead and the daughter wounded by police gunfire inside their own home. The raid was aimed at a relative who didn't even live at the residence. Police found marijuana seeds and "drug paraphernalia" in the room where the relative had stayed, but charges against him were later dropped.

International

Bolivian President Wins Reelection as Head of Country's Largest Coca Growers Union; Vows to Expand Crop if Re-Elected as President. Evo Morales was a coca grower union leader before he was elected president of the country, and he's still a coca grower union leader. He was just reelected as head of the union, and he told union members that Bolivia needs a new law for coca production that would allow for expanded cultivation.

Chronicle AM -- July 21, 2014

The World Health Organization calls for drug decriminalization (and more), international drug reform and harm reduction groups warn of an AIDS prevention crisis, marijuana policy is popping up in some Republican primaries, and more. Let's get to it:

Times are changing when marijuana legalization becomes an issue in Republican primaries. (wikimedia.org)
Marijuana Policy

MPP Urges Votes for Bob Barr in Georgia Republican Congressional Primary Tomorrow. The Marijuana Policy Project is calling on its Georgia supporters to get out and vote for Republican congressional candidate Bob Barr in the primary tomorrow in the state's 11th congressional district. Barr made a reputation in the 1990s as an arch-drug warrior, but has since become a staunch supporter of drug policy reform and civil liberties.

Kansas GOP Gubernatorial Candidate Challenges Incumbent With Platform That Includes Legalizing Marijuana. Gov. Sam Brownback (R) is facing a long-shot challenge from Jennifer Winn, a small businesswoman whose son is facing a murder charge over a marijuana deal gone bad. She says she entered the race out of anger over that, and her platform includes legalizing marijuana and industrial hemp, as well as a broader call for drug policy reform. Her race is being watched as a sign of how damaged the state GOP is after years of Brownback's ultraconservative social and economic policies.

Washington State Rang Up $1.2 Million in Marijuana Sales in First Week. Only a handful of stores were actually open and supplies were limited, but the first week of legal marijuana sales in Washington still generated more than $1.2 million in sales, according to the state Liquor Control Board. It also generated $318,043 in taxes collected so far.

Despite Philadelphia City Council's Decriminalization Vote, Marijuana Possession Arrests Continue. Last month, the city council voted to decriminalize possession of up to an ounce, but Mayor Michael Nutter opposes the bill, and Police Chief Charles Ramsey vowed to continue marijuana possession arrests. He's lived up to his word. Since the bill was passed, 246 people have been arrested for pot possession, 140 of them charged only with pot possession. Of the 124 people charged with additional crimes, the vast majority were only drug charges. Mayor Nutter has until September to act on the decriminalization bill. He can sign it, veto it, or do nothing, in which case it becomes law without his signature.

Medical Marijuana

Illinois Governor Signs Bill to Expand Access to Medical Marijuana. Gov. Pat Quinn (D) yesterday signed into law a bill that will expand the state's medical marijuana program by allowing people with seizure disorders to use it and by allowing minors to participate in it with parental consent. The measure is Senate Bill 2636.

New Mexico Backs Off on Medical Marijuana Program Changes. The state Department of Health announced last Thursday that it will not move forward with proposed rule changes that included limiting the number of plants patients could grow and requiring criminal background checks for patient growers. The department said there will likely be another hearing for public comments before new rules are finalized this fall.

Psychedelics

Memorial Event for Sasha Shulgin in Berkeley Next Month. The psychonauts at Erowid are hosting a memorial and community gathering in Berkeley next month to honor the memory of Dr. Alexander "Sasha" Shulgin, the legendary scientist of psychedelics who died early last month. Please RSVP if you are planning to attend; click on the link to do so.

Drug Policy

World Health Organization Calls for Drug Decriminalization, Broad Drug Policy Reforms. In a report on HIV treatment and prevention released earlier this month, the World Health Organization quietly called for drug decriminalization, needle exchanges, and opiate substitution therapy. The WHO's positions are based on concerns for public health and human rights.

Drug Testing

Mississippi Public Hearing on Welfare Drug Test Law Tomorrow. The Department of Human Services is holding a hearing tomorrow in Jackson to hear public comment on a new welfare drug testing law that was supposed to have gone into effect July 1. It was delayed to allow for a public hearing. The law is opposed by the ACLU and racial and social justice activists. Click on the link for time and location details.

Harm Reduction

Drug Reform and AIDS Groups Warn of "Global Crisis" in HIV Prevention Funding, Especially for Injection Drug Users. As the 20th International AIDS Conference gets underway in Melbourne, Australia, three drug reform, harm reduction, and AIDS groups have issued a report, The Funding Crisis for Harm Reduction, warning that because of donor fatigue, changing government policies, and an over-reliance on drug law enforcement, the goal of an "AIDS-free generation" risks slipping away. The three groups are Harm Reduction International, the International Drug Policy Consortium, and the International HIV/AIDS Alliance.

Law Enforcement

In Forsythe County, North Carolina, Majority of SWAT Deployments are For Drug Raids. SWAT teams were designed to be used in extreme situations -- hostage-taking events, terrorist attacks, and the like -- but have been subject to mission creep over the years. Forsythe County is one example. In an in-depth report, the Winston-Salem Journal found that the Forsythe County SWAT team had been deployed 12 times in the past year and the Winston-Salem Police SWAT team had been deployed 40 days in the past year "mostly to execute search warrants for drugs."

International

Report on Illicit Drug Corridors Between Bolivia and Peru Published. In a report based on on-the-scene investigation, the Bolivian NGO Puente Investigacion y Enlace (PIE), led by former human rights ombudsman Godo Reinicke, has studied the drug and precursor chemical networks straddling the Peru-Bolivia border. Read the report, Corredores ilicitos entre Boliva-Peru, ¿Rutas escondidas y extrañas? in Spanish, or click on your translate button.

(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.)

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