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Chronicle AM -- July 29, 2014

Marijuana Policy

New York gubernatorial candidate Randy Credico slams Cuomo on clemency. (credico2014.com)
Colorado, Washington Senators Urge White House to Intervene to Fix Muddled Federal Marijuana Policies. All four US senators from the legal marijuana states signed onto a letter to the White House yesterday saying that federal policies about marijuana in states where it is legal are "at odds with one another" and asking the administration to establish "consistent and uniform" guidelines across the federal government. "Without such guidance, our states' citizens face uncertainty and risk the inconsistent application of federal law in Colorado and Washington state, including the potential for selective enforcement actions and prosecution," wrote Sens. Mark Udall and Michael Bennett of Colorado and Patty Murray and Maria Cantwell of Washington.

Oregon Legalization Initiative Picks Up Endorsements. The New Approach Oregon marijuana legalization initiative has announced endorsements from three groups: the Oregon State Council for Retired Citizens, the Oregon Criminal Defense Lawyers Association, and the national group Law Enforcement Against Prohibition.

No Legalization Vote in Grosse Point, Michigan, After All. A marijuana legalization initiative won't be on the ballot in Grosse Point this fall after city officials disqualified some signatures over a technicality. One set of signatures had the wrong date on it, disqualifying 106 of the 596 signatures turned in and leaving the signature count at 490, five fewer than needed to make the ballot.

Albuquerque Decriminalization Initiative Supporters Hand in Signatures. Supporters of a decriminalization initiative in New Mexico's largest city handed in 16,000 signatures to city officials Monday. They need 11,203 valid signatures to qualify for the November ballot. A similar effort in Santa Fe came up short last week, but there is still time to gather more signatures there.

York, Maine, Selectmen Reject Putting Legalization Ordinance on Ballot; Advocates Will Have to Come up With More Signatures to Force Vote. If the people in York want to vote to legalize marijuana, they will have to do it themselves. The town Board of Selectmen yesterday voted not to put a legalization initiative on the November ballot, so now advocates will have to come up with 613 more signatures to force a vote.

Harm Reduction

UNODC Issues Call for Harm Reduction Proposals from Civil Society Organizations. The UN Office on Drugs and Crime has issued a call for civil society organizations to apply for funding to support work in harm reductions. The proposals should be strategic initiatives addressing HIV prevention, treatment, care, and support among injection drug users. The deadline for applications is August 20. Click on the link for more details and to apply.

Law Enforcement

The Year's 27th Drug War Death. The Drug War Chronicle has been tracking deaths related to US domestic drug law enforcement activities since 2011. We're going to start including them here, beginning with the death last week of Ohio resident Agyasi Ector, 27, who was walking to his job when he was struck and killed by a vehicle being driven at high speeds as it was being chased by police doing a drug investigation. Police said they plan to charge the driver with murder, but hold themselves blameless in the high-speed pursuit. Click on the link for more details and for links to previous drug war deaths.

Sentencing

Paul Ryan's Poverty Plan Includes Nod to Sentencing Reform. Rep. Paul Ryan (R-WI)'s plan to address poverty in America includes some mention of sentencing reform. He calls for reduced resort to mandatory minimum sentencing and encourages states to enact sentencing reforms as well.

Independent New York Governor Candidate Slams Cuomo Over Failing to Use Clemency Powers. Independent gubernatorial candidate and political gadfly Randy Credico accuses Gov. Andrew Cuomo of Grinch-like behavior in failing to exercise his power to grant clemency and pardons to prisoners and ex-prisoners. Cuomo has granted zero clemencies. Credico notes that previous governors have made use of that power, but that Cuomo is even worse than his father, Mario Cuomo, who "granted an enemic 33 pardons while bouncing and stuffing 30,000 poor blacks and Latinos into the 36 new state prisons he built with funds that could have been used for low cost housing or improving the school system."

(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 -- July 15, 2014

The Obama administration comes out against congressional interference with the District of Columbia's decriminalization law, Dana Rohrabacher comes out as the first Republican congressman to support marijuana legalization, the Smarter Sentencing Act picks up more sponsors, and more. Let's get to it:

US Rep. Dana Rohrabacher (R-CA), the first sitting Republican congressman to endorse marijuana legalization. (house.gov)
Marijuana Policy

White House Comes Out Against Congress Blocking DC Decriminalization Law. In a statement of administration policy on pending appropriations bills, the White House Monday came out "strongly" against a congressional move to bar the District from spending money to implement its new decriminalization law. "The Administration strongly opposes the language in the bill preventing the District from using its own local funds to carry out locally- passed marijuana policies, which again undermines the principles of States' rights and of District home rule. Furthermore, the language poses legal challenges to the Metropolitan Police Department's enforcement of all marijuana laws currently in force in the District," the statement said.

DC City Council Passes Emergency Resolutions Condemning Congressional Interference. The council Monday approved two emergency resolutions opposing a recent effort led by US House Representative Andy Harris (R-MD) to use congressional oversight to block the District of Columbia from spending any of its locally-raised revenues to enact marijuana reform. Read more on DC marijuana politics in a feature article here later today.

Dana Rohrabacher, First Republican Congressman to Back Marijuana Legalization. California Republican US Rep. Dana Rohrabacher told the Christian Science Monitor Monday that he supports legalizing marijuana and would "probably" endorse a 2016 California legalization initiative if it qualifies for the ballot. Rohrabacher is the first sitting Republican congressman to explicitly endorse legalization. About 40 congressional Democrats have expressed support for legalization.

National Press Club Newsmakers Event Next Week Centers on Marijuana Policy. The National Press Club in downtown Washington, DC, will host a news conference next Thursday on medical and recreational marijuana legalization. The news conference will feature Bill Piper, national affairs director for the Drug Policy Alliance, and Dr. Kevin Sabet of the anti-legalization group Project SAM (Smart About Marijuana). The event is open to all credentialed journalists and National Press Club members. Click on the link for event details.

Medical Marijuana

Missouri Governor Signs CBD Cannabis Oil Bill. Gov. Jay Nixon (R) yesterday signed into law a bill allowing Missourians with epilepsy that cannot be treated by conventional means to use low-THC, high-CBD cannabis oil. Patients will have to register for the state and have a neurologist aver that conventional treatments have not worked.

Los Angeles Moves to Shut Down Medical Marijuana Farmers' Market. Los Angeles City Attorney Mike Feuer has said he will today seek a restraining order to block a Boyle Heights medical marijuana farmers' market from doing it again. The farmers' market occurred two weekends ago. It isn't clear if there are plans to do it again.

Prescription Opiates

University of Wisconsin Pain Policy Study Group Releases Two Reports. The reports are Achieving Balance in State Pain Policy: A Progress Report Card (CY 2013) and Achieving Balance in State and Federal Pain Policies: A Guide to Evaluation (CY 2013). The first report contains a grade for each state and the District of Columbia, which represents the extent that state policies can support pain management and patient care. The second report explains PPSG's evaluation method and criteria as well as its "principle of balance," which says that "efforts to prevent drug diversion and abuse are essential and should avoid interfering with healthcare practice and patient care."

Law Enforcement

Oklahoma Narcs on the Lookout for Kratom. The Oklahoma Bureau of Narcotics is worried about kratom, a Southeast Asian shrub whose leaves are mildly psychoactive and who some users claim is useful as a means of breaking opiate addictions. The OBN says it is not a "major problem" yet, but that it has received worried phone calls from a half-dozen parents. Kratom is on the DEA's list of drugs to watch, but the federal agency has made no move to ban it.

Sentencing

Smarter Sentencing Act Picks Up Two More Cosponsors. Reps. Mark Pocan (D-WI) and Donald Payne (D-NJ) are the latest to sign onto the Smarter Sentencing Act, which would reduce some federal drug sentences by retroactively adjusting crack and powder cocaine sentences and allowing judges to sentence below mandatory minimums in some cases. The act now has 44 cosponsors -- 30 Democrats and 14 Republicans. Similar legislation has been filed in the Senate.

International

Dutch Senate Wants Justice Minister to Explain What He's Doing About Illegal Marijuana Production. The Senate has summoned Justice Minister Ivo Opstelten to explain what he is doing about "the backdoor problem" -- the fact that while cannabis coffee shops can sell marijuana without legal penalty, there is no legal source for the marijuana they sell. Opstelten and Home Affairs Minister Ronald Plasterk will appear before the Senate in September. Despite the pleas of numerous mayors, Opstelten has refused to allow experiments with regulated marijuana production.

The 2014 National Drug Control Strategy: Baby Steps in the Right Direction [FEATURE]

The White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) released its 2014 National Drug Control Strategy Wednesday. While in general, it is remarkable for its similarities to drug control strategies going back more than a decade, it does include some signals suggesting that the Obama administration is ready for a shift in emphasis in the drug war -- from a criminal justice approach to a more public health-oriented approach.

But even that rhetorical positioning is somewhat undercut by the strategy's continuing commitment to the criminalization of drug users and the people who supply them, as well as particular policy prescriptions, such as its support for expansion of drug courts -- the use of the criminal justice system to enforce therapeutic health goals like abstinence from drug use, as opposed to measures that don't involve criminal justice intervention.

The 2014 strategy also continues the roughly 3:2 funding ratio between law enforcement and treatment and prevention spending that has marked federal anti-drug spending since at least the Clinton administration in the 1990s. And it does so somewhat deceptively.

"In support of this Strategy," ONDCP wrote in a press release, "the President has requested $25.5 billion in Fiscal Year 2015. Federal funding for public health programs that address substance use has increased every year, and the portion of the Nation's drug budget spent on drug treatment and prevention efforts -- 43% -- has grown to its highest level in over 12 years. The $10.9 billion request for treatment and prevention is now nearly 20% higher than the $9.2 billion requested for Federally-funded domestic drug law enforcement and incarceration."

What the press release doesn't mention when claiming that treatment and prevention spending now exceeds spending on law enforcement is that it did not include figures for drug interdiction and international spending on the law enforcement side of the ledger. The White House's proposed federal drug budget for 2015, however, shows that those drug prohibition-enforcement costs add up to another $5.4 billion, or $14.6 billion for enforcing drug prohibition versus $10.9 billion for treatment and prevention.

The strategy does, however, provide a sharper focus than in the past on reducing the harms associated with drug use, such as overdoses and the spread of HIV/AIDS, hepatitis C, and other blood-borne diseases. It calls for greater access to the opiate overdose reversal drug naloxone and supports needle exchange and state laws that provide limited immunity from prosecution for people suffering overdoses and the people who seek help for them -- the so-called 911 Good Samaritan laws. The strategy also sets a five-year goal for reducing overdose deaths, something drug reform advocates had been seeking.

The strategy also acknowledges the need to reduce mandatory minimum drug sentencing and recognizes that the US has the world's largest prison population, but in absolute terms and per capita. And, implicitly acknowledging that Americans increasingly see the war on drugs as a failed policy, the 2014 strategy has adjusted its rhetoric to emphasize public health over the drug war.

Acting ONDCP head or "drug czar" Michael Botticelli (ONDCP)
But, despite polls now consistently showing majority support for marijuana legalization, and despite the reality of legal marijuana in two states, with two more and the District of Columbia likely to embrace it later this year, the 2014 strategy appears not only wedded to marijuana prohibition, but even disturbed that Americans now think pot is safer than booze.

That puts ONDCP at odds not only with the American public, but with the president. In an interview published in January by the New Yorker, Obama said marijuana is less dangerous than alcohol "in terms of its impact on the individual consumer."

Noting that about three-quarters of a million people are arrested on marijuana charges each year, and nearly nine out of ten of those for simple possession, the Marijuana Policy Project (MPP) pronounced itself unimpressed with the new national drug strategy.

The drug czar's office is still tone deaf when it comes to marijuana policy. It appears to be addicted to marijuana prohibition. Why stay the course when the current policy has utterly failed to accomplish its goals?" asked MPP communications director Mason Tvert.

"The strategy even goes so far as to lament the public's growing recognition that marijuana is not as harmful as we were once led to believe. President Obama finally acknowledged the fact that marijuana is less harmful than alcohol, yet his administration is going to maintain a policy of punishing adults who make the safer choice," Tvert continued. "Most Americans think marijuana should be made legal, and even the Justice Department has acknowledged that regulating marijuana could be a better approach than prohibition. Legalizing and regulating marijuana is not a panacea, but it is sound policy."

The Drug Policy Alliance (DPA), with a wider policy remit than MPP, had a nuanced response to the release of the drug strategy. It was critical of some aspects of the strategy, but had kind words for others.

"The administration says drug use is a health issue but then advocates for policies that put people in the criminal justice system," said Bill Piper, DPA national affairs director. "Until the drug czar says it is time to stop arresting people for drug use, he is not treating drug use as a health issue no matter what he says. I know of no other health issue in which people are thrown in jail if they don't get better."

Still, said Piper, the drug czar's office deserves some credit for addressing serious issues associated with drug use under prohibition.

"Director Botticelli should be applauded for taking strong steps to reduce drug overdose fatalities and the spread of HIV/AIDS, hepatitis C and other infectious diseases," he said. "His leadership on these issues, and his work overall to reduce the stigma associated with substance misuse, are encouraging."

But when it comes to marijuana policy, DPA found itself pretty much on the same page as MPP.

"The Administration continues to keep its head in the sand when it comes to marijuana law reform," said Piper. "Hundreds of thousands of Americans are being arrested each year for nothing more than possessing small amounts of marijuana for personal use. Once arrested they can be discriminated against in employment and housing for life. The administration can't ignore the destructive impact of mass arrests forever."

Washington, DC
United States

Chronicle AM -- June 27, 2014

Things are looking good after legalization in Colorado, a medical marijuana bill moves in Pennsylvania, food stamp drug testing is on hold in Mississippi, hash battles break out in Libya, and more. Let's get to it:

Marijuana Policy

DPA Issues Report on Six Months of Legal Marijuana Sales in Colorado. Crime is down, tax revenues are up, and the marijuana industry is generating thousands of new jobs in Colorado, according to a new report from the Drug Policy Alliance. The report is Status Report: Marijuana Regulation in Colorado After Six Months of Retail Sales and 18 Months of Decriminalization.

Medical Marijuana

Pennsylvania Senate Committee Approves Medical Marijuana Bill. The state Senate Law and Justice Committee voted unanimously yesterday to approve Senate Bill 1182, which would allow qualified patients to obtain marijuana through dispensaries, but not grow their own. Neither could patients smoke their medicine, but they could use edibles or vaporize it. Now, the bill is on to the Appropriations Committee and, if it passes there, a Senate floor vote. Companion legislation in the House has yet to move.

Tulsa Medical Marijuana Petitioners Say Tulsa Cops Backed Off After They Went Public. Signature-gatherers for the Oklahomans for Health medical marijuana initiative report they are no longer being harassed by Tulsa Police after they went public with their complaints. Police had, on several occasions, stopped and investigated petitioners, at least twice after purportedly receiving complaints they were selling or smoking marijuana. The group hasn't had any formal response from Tulsa Police or city officials, but they are no longer being harassed, they said.

Drug Testing

Mississippi Food Stamp Drug Testing Implementation Delayed. A Mississippi law approved this year that would require food stamp applicants to be subject to drug testing is being delayed. It was supposed to go into effect July 1, but will be held up pending a public hearing set for July 22. The delay comes thanks to ACLU of Mississippi and the Mississippi Center for Justice, which challenged the start-up on grounds that it violated the state's administrative procedures law.

Methamphetamine

Michigan Governor Signs Package of Meth Bills. Gov. Rick Snyder (R) Thursday signed into law three bills increasing the criminalization of methamphetamine users and producers. One makes it a crime to purchase pseudoephedrine knowing it will be used to make meth, another makes it a crime to solicit someone else to do so, and the third specifies that the second mandates a 10-year prison sentence. Click on the link for more bill details.

International

Are the Latin American Drug Cartels on the Wane? Council on Hemispheric Affairs analyst Claudia Barrett has penned a provocative analysis suggesting the era of the cartels may be coming to an end. The piece is The Breakdown of Cartel Culture -- An Analysis.

Reductions in Coca Cultivation Don't Necessarily Mean Less Cocaine. The Global Post has a think piece on the reported decline in coca production and why it doesn't necessarily mean cocaine supplies are decreasing. Click on the link to read it.

Libya Hash Bust Sparks Deadly Battle. A hash bust in Benghazi last Saturday erupted into a pitched battle when armed gunmen attacked government forces who were destroying a major stash of hash seized from a cargo ship. At least seven people were reported killed. Government officials accused Al Qaeda of being involved.

Tunisia Will Reform Its Drug Laws. Tunisia is going to revamp its drug laws, a vestige of the Zine El Abidine Ben Ali dictatorship. The North African country has some 25,000 people in prison for drug offenses. Current laws don't differentiate between hard and soft drugs and require mandatory minimum prison sentences for any drug offense. A commission is expected to submit to parliament this summer an amended law that does away with the mandatory sentences of one-to-five years for drug possession.

New Zealand Poll Has Majority for Marijuana Reform. A majority of New Zealanders polled in a recent survey support reforming the country's marijuana laws. The New Zealand Herald-DigiPoll had 32% supported decriminalization and another 22% wanting it completely legalized, while 45% were opposed to any reform. Even among members of the ruling National Party, which opposes reform, 45% supported decrim or legalization.

Chronicle AM -- June 19, 2014

We can watch the marijuana policy landscape shift before our eyes, with legalization initiatives and decrim measures popping up around the country and even Oklahoma Republicans arguing over legalization. There is also action on the opiate front, the Senate will vote on defunding the DEA's war on medical marijuana in states where it is legal, and more. Let's get to it:

US Senator Cory Booker (D-NJ) cosponsors an amendment to cut DEA medical marijuana funding. (senate.gov)
Marijuana Policy

House Fails to Add Rider to Block DC Decriminalization Law. The House Financial Services and General Government Appropriations Subcommittee approved a familiar series of social policy riders on the District of Columbia budget, but did not include one that would seek to undo the city's recent adoption of marijuana decriminalization. It's not a done deal yet, however; such a rider could still be added during the legislative process. The subcommittee did approve riders barring the District from funding needle exchanges or medical marijuana programs.

Delaware Decriminalization Bill Heads for House Floor Vote. A bill that would decriminalize the possession of up to an ounce of marijuana and levy a maximum $250 fine passed the House Public Safety Committee today. House Bill 371 now heads for a House floor vote.

Marijuana Policy in the Oklahoma GOP Governor's Race. In next week's GOP primary, sitting Gov. Mary Fallin is up against two longshot opponents who both favor marijuana legalization. Both Chad Moody, also known as "The Drug Lawyer," and Dax Ewbank, a libertarian-leaning Republican, have come out in favor of freeing the weed. But Fallin says that's not on her to-do list: "I just don't see that it provides a substantial benefit to the people of Oklahoma," Fallin said.

Milwaukee Legalization Initiative Signature-Gathering Drive Underway. A coalition of Milwaukee groups have begun a petition drive to place a municipal legalization ordinance on the November ballot. The measure would legalize the possession of up to an ounce. The groups have until July 29 to come up with 30,000 valid voter signatures. People interested in helping out can get more information here.

Philadelphia City Council Votes to Decriminalize Marijuana. The city council today approved a decriminalization measure introduce last month by Councilman Jim Kenney. Up to 30 grams is decriminalized, with a maximum $25 fine. Four years ago this month, the city began treatment small-time possession as a summary offense, with a maximum $200 fine and three-hour class on drug abuse.

Activists Gather Twice the Signatures Needed for York, Maine, Legalization Initiative. Activists supported by the Marijuana Policy Project needed 100 valid voter signatures to present a marijuana legalization petition to the York Board of Selectmen. They handed in 200. Similar petition drives are going on in Lewiston and South Portland, and Portland voters approved a legalization referendum last year. The local efforts are laying the groundwork for a statewide legalization initiative in 2016.

Medical Marijuana

Sens. Rand Paul, Cory Booker Cosponsor DEA Defunding Amendment in Senate; Vote Could Come as Soon as Tonight. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) have cosponsored an amendment to the Justice Department funding bill that would shield medical marijuana patients and providers from the attention of the DEA in states where it is legal. The vote could come as soon as tonight or tomorrow. The House passed such an amendment at the end of last month.

New York Governor, Legislature in Tentative Deal as Session Draws to End. With the legislative ticking down its final hours, Gov. Andrew Cuomo (D) and legislative leaders today announced a deal that would allow passage of a medical marijuana pilot program, but would not allow patients to smoke their medicine.

North Carolina Limited CBD Medical Marijuana Bill Wins House Committee Votes. A bill that would allow some patients to use a high-CBD cannabis oil was approved by the House Health Committee Wednesday and the House Finance Committee today.

Drug Policy

Drug Policy in the Colorado GOP Senatorial Race. Former Colorado Congressman Tom Tancredo, who is running for the state's GOP senatorial nomination, is being attacked as a drug legalizer in a radio ad created by a committee supporting former Sen. Mike Copp. While Tancredo supports marijuana legalization and has in the past spoken of the need to consider drug legalization, he says he is not ready to legalize hard drugs and is demanding that the ads be pulled.

Opiates

Vermont Governor Signs Package of Bills Aimed at Opiate Use. Gov. Peter Shumlin (D) Tuesday signed into law a package of bills and executive orders that will ramp up treatment for opiate addiction, but also increase penalties for bringing more than one gram of heroin into the state. The centerpiece of the legislative package is Senate Bill 295, which will fund pretrial screening and drug treatment for suspects before they are arraigned.

New York Assembly Set to Approve Package of Heroin Bills. Gov. Andrew Cuomo (D) and key lawmakers announced Tuesday night that they had a deal on a package of heroin bills that would raise awareness of the issue and increase insurance coverage of heroin treatment. What isn't clear is whether they agreement also includes a series of Rockefeller drug law-style measure passed by the Republican-dominated Senate that would increase criminal penalties for some heroin offenses.

Harm Reduction

DC Police Chief Orders No Arrests for Overdose Victims. In a recent memorandum, Metropolitan Police Department Chief Cathy Lanier has instructed her police force to observe protections from arrest and charge granted under a DC law designed to encourage residents to seek immediate medical assistance for a person experiencing an overdose. The Good Samaritan Overdose Prevention Amendment Act of 2012 (#A19-564), which was passed by the D.C. Council in 2012 and took effect on March 19, 2013, provides limited legal protection from arrest, charge and prosecution for those who witness or experience a drug overdose and summon medical assistance.

Sentencing

Federal Fair Sentencing Act Picks Up Another Sponsor. And then there were 39. Rep. William Envart (D-IL) has signed on as a cosponsor to the Federal Fair Sentencing Act. That makes 25 Democrats, along with 14 Republicans. It would reduce the use of mandatory minimum sentences and impose retroactivity for crack cocaine sentences handed down before 2010.

International

Britain's Looming Khat Ban Could Create Black Market. A ban on khat is about to go into effect in England, and this report suggests that it could create political tensions in East Africa, as well as creating a black market for the substance in England itself.

Albanian Siege of Marijuana-Producing Village Continues. A police assault on the village of Lazarat that began Monday is still underway as clashes continued between police and armed villagers. Some 800 police are involved in the operation, and they say they have seized or destroyed more than 10 tons of marijuana so far. But that's only a fraction of the 900 tons the village is estimated to produce annually. The town's $6 billion pot crop is equivalent to about half Albania's GDP.

(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 -- June 5, 2014

An Arkansas marijuana legalization initiative can start signature-gathering, DC's medical marijuana program now includes more eligible conditions, Tennessee's governor unveils his prescription drug plan, Canada's mandatory minimum sentencing law is being challenged, and more. Let's get to it:

DNC Chair Rep. Debbie Wasserman Schultz gets scolded by the medical marijuana movement.
Marijuana Policy

Arkansas Legalization Initiative Approved for Signature-Gathering. State Attorney General Dustin McDaniel yesterday approved the popular name and ballot title for a constitutional amendment initiative that would legalize marijuana. Supporters of the Arkansas Hemp and Cannabis Amendment now have just over one month -- until July 7 -- to submit more than 78,000 valid voter signatures in order to qualify for the November ballot. A medical marijuana initiative sponsored by Arkansans for Compassionate Care is already in the signature-gathering phase.

Medical Marijuana

Group Targets DNC Chair Debbie Wasserman Schultz for Not Voting to End DEA Interference in Medical Marijuana States. The medical marijuana advocacy group Americans for Safe Access is now running TV ads criticizing Rep. Debbie Wasserman Schultz (D-FL), chairwoman of the Democratic National Committee as "out of touch" for voting against a measure to bar the DEA from interfering in medical marijuana states. Wasserman Schultz was one of only 18 Democrats who voted against it while 170 Democrats voted for it. The ads are running on MSNBC in South Florida, where her district is.

DC Medical Marijuana Program Adds New Qualifying Conditions. The DC Department of Health has approved new conditions for which patients will be able to use marijuana. They are seizure disorders, Lou Gehrig's Disease, decompensated cirrhosis, cachexia or wasting syndrome, and Alzheimer's. Hospice patients will also be allowed to use marijuana. Previously, the DC program had been restricted to people suffering from HIV/AIDS, cancer, glaucoma, and muscle spasticity.

Heroin

Ohio Democratic Candidates Call for Tougher Action Against Heroin. Democratic gubernatorial candidate Ed FitzGerald and Democratic attorney general candidate David Pepper are calling for tougher action against heroin. FitzGerald said he wants tougher enforcement on dealers and that rising heroin use should be treated as a public health emergency. And Pepper called for heroin overdose deaths to be treated like murder. FitzGerald added that not enough dealers are going to prison, especially after a sentencing reform bill passed. The Ohio Republican Party responded calling the Democrats "tone deaf" and "ghoulish," saying that Gov. John Kasich (R) has been a strong advocate on the issue, and besides, Attorney General Mike DeWine's (R) office had just indicted two heroin dealers last week.

Prescription Drugs

Tennessee Governor Rolls Out Prescription Drug Plan. Gov. Bill Haslam (R) Tuesday unveiled his seven-point program to battle problems associated with prescription drug use. "Prescription for Success: Statewide Strategies to Prevent and Treat the Prescription Drug Abuse Epidemic in Tennessee" calls for reducing the prescribing of prescription opiates, reducing overdose deaths (including through enactment of a 911 Good Samaritan law), increasing prevention, early intervention, and treatment, and increased cooperation among state agencies and between the state and other entities. While it has a law enforcement component, that doesn't seem to be emphasized. [Ed: There are some good provisions in this document, but reducing the prescribing of pain medications needs to be handled with great care. Although more people are getting opiates now, not all of the people who need them are, and it could easily get even worse for pain patients.]

Drug Testing

California Initiative to Drug Test Doctors Qualifies for Ballot. An initiative that requires random, suspicionless drug and alcohol testing of doctors has qualified for the November 2014 ballot, according to the Secretary of State's office. It also requires doctors to report any other doctor they suspect of being impaired by drugs or alcohol. It also increases the cap on pain and suffering damages in medical malpractice lawsuits, which may the initiative's main goal. Legislative analysts estimate it could cost the state "at least in the low tens of millions of dollars annually" in higher malpractice costs and up to "hundreds of millions of dollars annually" because of changes in the amount and type of health care services provided.

Law Enforcement

In Massive Heroin Sweep, New Jersey Police Arrest Seven Users for Every Dealer. New Jersey cops arrested 325 people during an eight-week heroin sting, but only 40 of them are accused of selling heroin. The rest are alleged heroin users. Authorities said all were arrested on relatively low-level charges and all would have a chance to go through treatment programs, but the head of the state's drug court program said she wasn't sure the system could accommodate all of them.

International

New Zealand Workers Win Drug Testing Case. Workers at a mill who were subjected to mandatory drug tests after two marijuana plants were found growing on the site were treated unfairly and must be compensated, the Employment Relations Authority has ruled. The mill owner had argued that the discovery of pot plants was "reasonable cause" to drug test everybody, but the authority disagreed. "This is a victory for our members, and a victory for common decency and respect," says Ron Angel, a union organizer for timber workers. "Drug testing has to be about proving actual impairment at work - not treating workers as guilty until proven innocent."

Canada Battle over Mandatory Minimum Sentences Heads to BC Appeals Court. A case that could eventually overturn the Conservative government's mandatory minimum sentence scheme for drug offenses is being heard in the BC Court of Appeals today. Earlier this year, a BC provincial court judge ruled unconstitutional an automatic one-year prison term for a person repeatedly convicted of drugs. Lawyers for the government appealed; thus today's hearing. The case is that of Vancouver Downtown Eastside resident Joseph Lloyd, a long-time drug user with 21 previous convictions who was convicted last fall of trafficking small amounts of heroin, cocaine, and meth. The provincial court judge held that mandatory minimum sentences amounted to cruel and unusual punishment.

Bolivian Village to Bake Coca Birthday Cake for UN Head Ban Ki-Moon. UN Secretary General Ban Ki-Moon will be in Bolivia when his birthday rolls around on June 15, and the mayor of Cobija, Ana Lucia Reis, says they are going to bake him a coca birthday cake. "The idea is that Ban tries the coca and realizes that coca is part of our culture and is not cocaine," she said.

Chronicle AM -- June 4, 2014

Legendary chemist Alexander Shulgin has died, the fight for medical marijuana in New York continues, Chicago sues Big Pharma over prescription opiates, Britain's black police association wants a look at legalization in the US, pot politics continues to get big play in Bermuda, and more. Let's get to it:

Britain's National Black Police Association wants the government to study marijuana reform in the US. (nbpa.co.uk)
Medical Marijuana

Compromise Could Be Coming on New York Medical Marijuana Bill. Two key players in the New York legislature, Sen. Diane Savino (D-Staten Island) and Assemblyman Richard Gottfried (D-Manhattan) met yesterday in an effort to find a compromise between their two bills that could lead to passage of a bill before the session ends in two weeks. The Assembly has already approved Gottfried's bill, but the Senate has yet to act on Savino's. Being able to actually smoke marijuana may be an item for discussion.

Ecstasy

Legendary Chemist Alexander Shulgin, "Godfather of Ecstasy" Dead at 88. Alexander Shulgin, the Berkeley-based research chemist who turned the psychotherapeutic community on to MDMA (Ecstasy) died Monday at his Northern California home. In addition to his work with MDMA, Shulgin also created more than 200 other psychedelic compounds. His life's work is distilled in two books PIKHAL (Phenethylamines I Have Known and Loved): A Chemical Love Story and TIKHAL (Triptamines I Have Known and Loved): The Continuation. The DEA considers those books handbooks for illicit psychoactive chemistry.

Prescription Drugs

Chicago Sues Pharmaceutical Companies; Claims They Contributed to Prescription Drug Surge. The city of Chicago has filed a lawsuit against five drug companies -- Purdue Pharma, Cephalon, Janssen Pharmaceuticals, Endo Health Solutions and Actavis -- charging they deceived the public about the risks and benefits of highly potent and effective opiate pain relievers. "For years, Big Pharma has deceived the public about the true risks and benefits of highly potent and highly addictive painkillers in order to expand their customer base and increase their bottom line, Mayor Rahm Emanuel said in a statement. The lawsuit claims the companies violated city laws against consumer fraud and misleading advertising. The city is seeking cash damages in an unspecified amount, but said it is not seeking to ban the medications.

Sentencing

US Sentencing Commission to Hold Public Hearing Next Week on Retroactivity for New Drug Quantity Sentencing Tables. On Tuesday, June 10, the US Sentencing Commission will hold a public hearing to gather testimony from invited witnesses on the issue of whether the amendment to the drug quantity table sent to Congress in April should be applied retroactively. The Commission will not be voting on the issue of retroactivity at this hearing, and that issue is open for public comment until July 7. A tentative hearing agenda is available here​.

More Than a Thousand Religious Leaders Call for Federal Drug Sentencing Reform. Some 1,100 religious leaders representing 40 different faith groups have signed onto a letter to Congress supporting passage of the Smarter Sentencing Act (S1410/HR 3382), which would reduce mandatory minimum sentences for federal drug offenses. The sign-on was sponsored by the Faith in Action Criminal Justice Reform Working Group.

Law Enforcement

Sarasota, Florida, Cops' Reverse Sting on Nickel Bag Marijuana Buyers Raises Eyebrows, Civil Liberties Concerns. Police in Sarasota, Florida, went undercover to sell nickel bags of weed to unsuspecting customers in a city park and then charged them with "purchase of marijuana," a felony punishable by up to five years in state prison. The operation has critics calling foul and questioning whether the operation was a good use of police sources, whether it violated the civil rights of some defendants (including a mentally ill man), and why it targeted users instead of dealers.

International

British Black Police Group Call for Government to Examine US States' Marijuana Legalization. Britain's National Black Police Association wants the British government to examine marijuana legalization in US states, with an eye toward moving in the same direction in the UK. "We've had our current approach to drug laws for 20 years. If we can learn anything from the US I think we should to see whether we can get some better outcomes," said Nick Glynn, vice-president of the group. "There about a million stop and searches carried out in England and Wales every year. Around half of those are focused on street possession of cannabis so there's a lot of time spent dealing with that very low level offense. In the US they've done it in separate areas instead of across the whole country so maybe that's something we can replicate here."

Georgia Prime Minister Denies Rumors He Plans to Legalize Marijuana, But.... Georgian Prime Minister Irakly Garibashvili today denied rumors he plans to free the weed, but he did say that punishments for "soft drugs" may be reevaluated. Under current Georgian law, possession of marijuana can get you seven to 14 years in prison, although the state seems more interested in revenues from fines than in actually imprisoning people.

Bermuda Opposition Leader Stands By His Backing of Medical Marijuana; He Gave It to His Asthmatic Daughter. Opposition leader Marc Bean said Tuesday that he "absolutely" stands by his remarks last week supporting marijuana as a medicine and that he used it to treat his young daughter for asthma. He originally spoke out last week as the House of Assembly debated the findings of the Cannabis Reform Collective, which is calling for medical marijuana, decriminalization, and eventual legalization He also said he had smoked the stuff himself. "I was a Rastaman, full fledged -- I lit the chalice," Bean said.

Bermuda Parliamentary Select Committee Recommends Drug Testing for Legislators. A parliamentary joint select committee has issued a report recommending random, suspicionless drug testing of legislators because they are "guardians of public morality" and any drug use by them "calls into question their ability to uphold the principles of public morality and the rule of law and to lead by example. They might want to speak to Marc Bean first.

ATF's Operation Gideon Raises Questions of Fairness, Justice, and Race [FEATURE]

Special to Drug War Chronicle by Clarence Walker, cwalkerinvestigate@gmail.com

Part I of a series on the ATF's Operation Gideon, targeting inner city "bad guys" with drug house robbery stings

Early in May, a panel of judges from California's 9th US Circuit Court of Appeals denied petitions for an "en banc" hearing that would have allowed the full court to consider overturning long prison sentences for four would-be robbers seduced by an informant into believing they were about to rip-off a stash house loaded with drugs.

The stash house was fictional, those drugs never existed, and the brains behind the plot were not criminals, but federal agents.

The denial of the petition was not a unanimous decision, and it revealed deep fissures on the appeals court. Dissenting judges argued that the practice of enticing poor young men into robbing stash houses raised questions not only of fair play, but also of constitutionality. The dissenters were particularly concerned that federal agents targeted primarily minority neighborhoods filled with desperate, unemployed young men tempted by the lure of fast cash.

"The sting poses questions of whether the government intentionally targets poor minority neighborhoods, and thus, seeks to tempt their residents to commit crimes that might well result in their escape from poverty," Justice Stephen Reinhardt wrote in a blistering dissent. He also called it "a profoundly disturbing use of government power that directly imperils some of our most fundamental constitutional values."

The case involved four Phoenix men -- Cordae Black, Kemford Alexander, Angel Mahon and Terrance Timmons -- who were convicted in 2010 on charges of conspiracy to distribute more than five pounds of cocaine, as well as federal firearms charges, for a fake drug rip scheme set up by the Bureau of Alcohol, Tobacco and Firearms (ATF). All four are now serving prison sentences of 13 to 15 years.

Even though federal appeals court judges have joined defense attorneys in calling the ATF drug rip schemes "outrageous conduct," they are not an anomaly, but are instead part and parcel of ATF's Operation Gideon, a nationwide program. The ATF, federal prosecutors, and the Phoenix police said a press release announcing a pilot sweep that rolled up 70 people, including Cordae Black and his crew, that Gideon "involved the deployment of some of ATF's most experienced undercover operatives to team with local agents and police investigators by conducting sting investigations involving violent home invasion crews."

According to a USA Today investigative report, as of last year, the feds had already locked up more than a thousand people who its agents had enticed into conspiracies to rob fake drug stash houses. And it's not just the AFT. The DEA often uses the fake drug rip-off schemes, as well.

US 9th Circuit Court of Appeals Judge Stephen Reinhardt
The argument at the 9th Circuit in the Phoenix case centered on entrapment and whether ATF agents illegally enticed the defendants into the crime through "outrageous government conduct" beyond that allowed by entrapment doctrine.

Relying on the US Supreme Court's 1973 ruling in US v. Russell, where the court upheld such schemes if the defendant showed a predisposition to commit the offense, 9th Circuit Judges Susan Graeber and Raymond Fisher rejected claims of entrapment and outrageous conduct by the agents, and argued that the reverse sting was within legal boundaries of law enforcement tactics, which includes officers working undercover to infiltrate criminal organizations.

Fisher and Graeber said the agents' actions were reasonable when they offered the men the opportunity to make money by committing a drug robbery. The pair also held the defendants failed to show they lacked "predisposition to commit the offense."

That provoked a sharp retort from a second dissenter as well, Judge John T. Noonan.

"Today our court gives approval to the government tempting people in the population at large currently engaged in innocent activity, and leading them into the commission of a crime, which the government will then prosecute," he wrote.

It's not just the 9th Circuit. Fake drug stash operations that only target inner-cities have ignited a firestorm of controversy, including other caustic remarks from the federal bench.

"There is a strong showing of potential bias in the robbery stings," US District Court Judge Rueben Castillo wrote in an order last year. Castillo noted that since 2011, federal agents have used such stings to lock up at least 26 people in the Chicago area -- and that all of them were either black or Hispanic.

Federal officials retort that they are not engaging in selective prosecution based on race, but are going where known felons often commit violent home invasion-type drug robberies.

But defense attorneys argue that the operations target people who weren't doing anything, entice them with visions of easy wealth, set them up, and then throw the book at them.

"What the ATF is doing is basically targeting low-level criminals for high-level crimes," said attorney Tara Loveland, who is representing Cordae Black on appeal.

The case against Black and his codefendants raises serious questions about racial profiling. According to evidence introduced at the original trial -- and subsequently heard again at the re-hearing (via the appellate brief) -- ATF Agent Richard Zayas had a paid informant travel from Miami to Arizona to find "bad guys" in a "bad part of town."

That prompted Judge Reinhardt to say that Zavas' instructions obviously meant the informant should recruit people from minority communities. The targeting of the fake drug house robbery scheme was a practice "that creates the appearance of selective prosecution based on race and wealth inequality," he said.

"It is a tragedy when ATF has to drum up a crime that didn't exist," attorney Eugene Marquez, who represented Cordae Black at trial, told the Chronicle.

Chicago Operation Gideon suspect William Alexander just before his arrest (atf.gov)
Defense attorneys who represented the defendants on appeal argued that "fake drug stings initiated by ATF amount to entrapment because there were no drugs -- and none of the defendants would have agreed to participate had it not been for a paid snitch and the ATF's scheme of enticing the men to arm themselves with weapons to rip-off a large quantity of drugs that automatically brings severe mandatory prison sentences."

"Our defense was outrageous conduct and sentencing entrapment," Marquez explained.

But 9th Circuit majorities weren't listening to the defense attorneys. In a separate ruling, they reiterated their original decision denying defense counsel's motion to overturn the original convictions.

"There is no bright line dictating when laws enforcement conduct crosses the line between acceptable and outrageous," Judge Raymond C. Fisher wrote for the majority. Outrageous government conduct can only occur when government agents engineer and direct a "criminal enterprise from start to finish -- or creating new crimes merely for the sake of pressing criminal charges," he argued.

Judge Reinhardt again dissented.

"In this era of mass incarceration, in which we already lock up more of our population than any other nation on earth, it is especially curious that the government feels compelled to invent fake crimes and imprison people for long periods of time for agreeing to participate in them -- people who but for the government's scheme might not have ever entered the world of major felonies," Reinhardt wrote.

If getting set up and convicted in a sting weren't bad enough, the defendants also got hit with longer sentences based on the imaginary amounts of drugs that were going to rob. Marquez explained that his client, Cordae Black, was hit a 10-year mandatory minimum because the ATF pretended the imaginary drug house had more than five kilos of cocaine in it.

But while jurists and defense attorneys grumbled, the ATF was pleased with its handiwork.

Arizona ATF agent Thomas Mangan welcomed the convictions of Black and his partners, as well as appeals court rulings upholding them. The stings had resulted in over 70 Arizona arrests, and the crew had "ample opportunity to back out, but had remained committed to carry out the robbery until they were arrested," he said in the Operation Gideon press release.

While court-approved enticement has a lengthy pedigree in this country, so does "outrageous government conduct" that can take it over the line into entrapment. A classic case is that of legendary automaker John Delorean, who was acquitted of cocaine conspiracy charges in 1984, even though prosecutors had Delorean on videotape wisecracking and saying that the cocaine stuffed inside a suitcase was "good as gold."

But Delorean's attorney was able to convince the jury that the FBI had leaned on a convicted drug smuggler, James Hoffman, to draw Delorean into a trap, complete with thinly-veiled threats if Delorean backed out of the sting.

"Without the government there would be no crime," Delorean's attorney told the jury.

Taking Down the Phoenix Crew

Putting together a fake drug robbery stings is like assembling the cast of a gritty crime drama. The Phoenix reverse sting worked against Cordae Black and his eager crew in typical take-down fashion. ATF agent Richard Zayas recruited a paid informant to frequent seedy bars and diffferent places in the "bad part" of town -- to find receptive players to rip-off a drug house. Zayas's informant met Shaver "Bullet" Simpson, a big-talking guy ready to play.

Zayas's informant duped Simpson into believing he had a friend with information on a stash house filled with drugs worth thousands of dollars. Simpson boasted he could find some tough-ass homies to do the job. Agent Zayas reminded Simpson that everyone involved with the plot must keep their mouths shut, and not talk about what goes down.

"My people straight," Simpson replied. "I hate snitchers."

Following the informant's meeting with Shaver Simpson, he introduced "Bullet" to undercover ATF Agent Richard Zayas, who fronted himself off as a disgruntled drug courier interested in having someone rob a dope house owned by Zayas's supposed cartel's connections. Zayas informed Simpson that Simpson's homeboys would need the "balls to do it because this ain't no easy lick."

Simpson then posed a question to Zayas: "My goons want to know whether they need to kill the people in the house."

Zayas responded nonchalantly that he "didn't care what they did as long as they took care of business."

Hooked like a fish, Simpson swallowed the bait, "Don't worry Daddy," he told Zavas. You got a real Jamaican (expletive), that's my family business; it's where I worked; I got this shit down to a science, man."

The beat goes on. Press conference announcing latest round of Operation Gideon busts, Stockton, CA, 2014 (atf.gov)
The trap was set. Shaver Simpson, the braggart, strangely, didn't show up for the showdown. But the work crew did. Once Cordae Black, Terrence Timmons, Kemford Alexander and Angel Mahon showed up at the designated meeting spot, the ATF agents and local police took the hapless crew down with guns drawn. A search of their vehicles produced four loaded weapons (which, according to the appellate brief, Zava insisted the crew have with them).

Despite Simpson's bravado about not being a snitch and hating such creatures, he pounced on the first opportunity to become one by testifying against his four homies. Still, at trial, Simpson accused ATF agent Richard Zayas of pressuring him to quickly find as many guys he could find to pull off the robbery.

Same Sorts of Cases, Different Results

In another Operation Gideon case, Chicago native William Alexander, a street-level crack dealer and beauty school dropout, got stung in a fake drug robbery on February 23 2011, along with his cohorts Hugh Midderhoff and David Saunders. All three were convicted of possession with intent to deliver five or more kilos of cocaine, along with firearms charges. To win a new trial, Alexander's lawyer argued on appeal that ATF's systematic strategy of sending informants into "bad parts of town" to recruit "bad people" meant that racial profiling played a vital role in Alexander's case.

His appeal brief noted that in the 17 stash house robbery stings prosecuted in the Northern Illinois Federal District since 2004, blacks were disproportionately represented. Of the 57 defendants, 42 were black, eight Hispanic, and seven white.

His appeal was denied -- because he couldn't show that the ATF and prosecutors intended racially disparate outcomes.

"To establish discriminatory intent, Alexander failed to show the decision makers in (his) case acted with discriminatory purposes -- and that the Attorney General and US Attorneys has broad discretion to enforce federal criminal laws," the appeals court held.

Antuan Dunlap and his heavily-armed posse-mates, Cedrick Hudson and Joseph Cornell Whitfield, had better luck. They were released from jail in an ATF drug house rip-off scheme when California US District Court Judge Otis Wright ruled the ATF crossed the line into entrapment.

Prosecutors had argued that Dunlap "manifested his propensity to commit robberies" by claiming to have engaged in similar activities in the past, and thus, "the defendant's words justified the reverse sting."

But in a 24-page stinging rebuke, the angry judge said the ATF engaged in "outrageous conduct" by enlisting people in "made-up crime" just so they could bust eager volunteers in drug stings. "Society does not win when the government stoops to the same level as the defendants it seeks to prosecute -- especially when the government has acted solely to achieve a conviction for a 'made-up' crime, Wright wrote. He also noted that such tactics "haven't brought down the crime rate nor taken drugs off the streets."

But the ATF and DEA fake drug rip-off schemes remain in full-swing across the nation despite the brewing controversy over tactics some defense attorneys and jurists regard with loathing. If the Justice Department will investigate whether the stings are aimed disproportionately at minority communities remains to be seen. Meanwhile, the Phoenix crew sits in federal prison, while their attorneys plan an appeal to the US Supreme Court.

Next in the series: ATF's Deadly Takedown in Fake Drug Robberies.

Chronicle AM -- May 27, 2014

Chuck Schumer wants $100 million to fight heroin in New York, a congressional vote to stop the DEA from attacking medical marijuana in states where it is legal is coming soon, the New York Assembly is voting today on a medical marijuana bill, an Oklahoma prescription drug bill dies, and more. Let's get to it:

Will another $100 million stop heroin in New YorK? (wikimedia.org)
Marijuana Policy

Decriminalization Initiatives Planned for Albuquerque and Santa Fe. ProgressNow New Mexico and Drug Policy Action, a 501(c)4 that's affiliated with Drug Policy Alliance New Mexico, are planning municipal decriminalization initiatives for the November election in New Mexico's two largest cities, Albuquerque and Santa Fe. The initiatives envision decriminalizing up to an ounce, with a maximum $25 fine. Backers filed a petition with the Santa Fe city clerk this week; Albuquerque efforts should be coming soon.

Medical Marijuana

Congress to Vote Soon on Banning DEA, Justice Department From Interfering in Medical Marijuana States. The House could vote as early as this week on the Rohrabacher-Farr amendment, which would ban the Justice Department and its agencies, including the DEA, from using federal taxpayer funds to interfere with state medical marijuana laws. The time to contact your representatives is now. Click on the link for more information.

New York Assembly to Vote Today on Compassionate Care Act. The Assembly is set to vote today on the Compassionate Care Act (Assembly Bill 6357), a comprehensive medical marijuana bill for the Empire State. Patients and supporters from all over the state are heading to Albany for a day of last-minute lobbying and to watch the Assembly debate and vote on the bill. The Senate version of the bill, Senate Bill 4406, has already passed the Senate Health Committee and now awaits consideration in the Senate Finance Committee.

North Carolina Lawmaker to File CBD Medical Marijuana Bill. State Rep. Pat McElraft (R-Carteret County) has announced that she will file a bill allowing for the use of high-CBD cannabis oil to reduce seizures in epileptic children. It's not a medical marijuana bill, she said, rather "this is only a medicine for these children so they can develop motor skills."

Drug Policy

Western Hemisphere Drug Policy Commission Act Gets Marked Up Thursday. The House Foreign Affairs Committee Subcommittee on the Western Hemisphere will be marking up House Resolution 4640, "to establish the Western Hemisphere Drug Policy Commission" Thursday. "Mark up" means subcommittee members will debate, amend, and rewrite the bill.

Prescription Drugs

Oklahoma Prescription Drug Crackdown Bill Dies. A bill that was the centerpiece of Gov. Mary Fallin's (R) effort to crack down on prescription drug abuse is dead after being defeated in committee last Friday. The bill, Senate Bill 1820, would have required doctors to check the state's existing Prescription Monitoring Program registry every time they wrote or refilled a prescription for a Schedule II or III controlled substance. Those schedules include opiate pain relievers such as oxycodone and hydrodocone, as well as many non-opiates, including hormone supplements. The bill was opposed by doctors.

Law Enforcement

Chuck Schumer Wants $100 Million to Fight Heroin in New York. US Sen. Charles Schumer (D-NY) is seeking $100 million in taxpayer dollars "to fight the scourge of heroin." He wants the money to go to the High Intensity Drug Trafficking Area (HIDTA) program. He said he would seek the funding in a pending appropriations bill.

In Licking County, West Virginia, the Drug War Dominates the Court Docket. The most recent felony indictments in Licking County Common Pleas Court show that more than half (60%) are for drug offenses. Seven of the 12 indictments were for drug offenses, and six of those were for either "aggravated drug possession" or "abusing harmful intoxicants."

In Mendocino County, California, Marijuana Dominates the Court Docket. Busy, busy. Mendocino County jail bookings for May 11-15 show 22 people taken to the slammer. Fifteen of them were marijuana sales and/or transport and one was for "possessing proceeds from drug transactions." Marijuana offenses accounted for more than two-thirds of all bookings. There were also two arrests each for assault with a deadly weapon and DUI, and one each for indecent exposure, battery, and embezzlement.

Sentencing

California Bill to End Mandatory Jail Sentences for Drug Use Killed. California law requires a mandatory 90-day jail sentence for anyone convicted of using or being under the influence of drugs (not including marijuana). A bill that would have ended the mandatory sentences, Assembly Bill 2515, has now died in the Assembly. It needed 41 votes for passage, but only got 34 because many members didn't vote. There were only 16 votes against it.

International

Jamaica Marijuana Conference Calls for Road Map to Decriminalization within Four Months. The first Jamaica Cannabis Conference took place over the weekend and ended with a call from participants for the government to create a pathway to decriminalization within four months. The conference also called for recognition of Rastafarians' sacramental rights to use ganja, a sustained drug education program in the schools, and a properly regulated medical marijuana industry.

Barcelona Now a Stop on the Marijuana Tourism Trail. Spain has decriminalized marijuana possession, people can grow their own in small amounts, and cannabis clubs are offering the chance to join by phone or email and purchase marijuana. As a result, marijuana tourism is up in Barcelona, and local authorities are beginning to think about ways to regulate it all. Click on the link to read more.

Zambia's Green Party to Continue Campaigning for Marijuana Legalization. Zambia's Green Party will continue to campaign for marijuana legalization, its leader, Peter Sinkamba said last Friday. "As the Green Party, we have a task to sell the Green agenda by not joining any politics on the constitution-making process, but ensure that marijuana is legalized," he said. "This is the only way we can create employment for the people and make medicine available for every citizen. You know marijuana is used for many things including the provision of medicines, hence the need for it to be legalized and get the benefits that will help the country make its own medicines." The Greens are not represented in the Zambian parliament.

Chronicle AM -- May 22, 2014

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

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

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

Medical Marijuana

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

Harm Reduction

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

Sentencing

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

Law Enforcement

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

International

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

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

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

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

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

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