Breaking News:Against Jeff Sessions for Attorney General

SWAT/Paramilitarization

RSS Feed for this category

Chronicle AM: Kratom Ban Delayed (But Still Coming), Mad Drug Arrest Binge in Indy, More... (9/30/16)

California's governor signs asset forfeiture reform and medical marijuana "micro farmer" bills, a Massachusetts town pays out big time for killing an elderly black man in a drug raid, Indianapolis narcs have arrested 1,000 people in two and a half months and think that's success, and more.

Eurie Stamps. Killed in a 2011 drug raid, now his family wins a $3.75 million settlement. (Stamps family)
Marijuana Policy

Another California Poll Has Prop 64 Winning. A new KPIX 5/Survey USA poll has the Prop 64 legalization initiative winning with 52% of the vote, with 41% opposed. It's the latest in a long line of polls that show the initiative winning, but has it winning by a smaller margin than most other polls.

Medical Marijuana

California Governor Signs Marijuana "Micro Farmer" Bill. Gov. Jerry Brown (D) Thursday signed into law the Cottage Cannabis Farmers Bill, Assembly Bill 2516. The measure creates a new medical marijuana cultivator license for "micro farmers," defined as farms with 2,500 square feet or less of total canopy size for mixed-light cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises.

Kratom

DEA Ban Delayed, But Only for Days. The DEA says that despite loud protests, its proposed emergency ban on kratom is still coming; it's just been delayed for a few days as the agency deals with paperwork. It was supposed to become Schedule I Friday, but the reprieve could last a week or more. A DEA spokesman said it's "highly accurate" to say the ban won't take effect next week, either.

Asset Forfeiture

California Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Jerry Brown (D) Thursday signed into law Senate Bill 443, which requires a criminal conviction before police can permanently seize property valued at under $40,000. Bill sponsor Sen. Holly Mitchell (D-Los Angeles) sponsored a similar bill last year, but it failed after law enforcement grumbled that it would make it more difficult to go after big drug dealers. Police dropped their opposition after Mitchell agreed to the $40,000 threshold.

Law Enforcement

Family of Massachusetts Man Killed in SWAT Drug Raid Awarded $3.75 Million. The town of Framingham has agreed to pay $3.75 million to settle a lawsuit in the death of Eurie Stamps, 68, who was shot and killed by a Framingham police officer as he laid on the floor of his home complying with officers' demands. It was the killing of Stamps that inspired the Chronicle's tracking of drug war deaths, a work now in its sixth year.

Federal Bill to Require Police Reporting of Deaths and Injuries Filed. Rep. Mark Veasey (D-TX) has filed HR 6217, which would "require States and units of local government to have in place laws requiring law enforcement officers to submit... reports when an individual is injured or killed by such a law enforcement officer in the course of the officer's employment as a condition on receiving certain grant funding, and for other purposes. Currently, there is no federal database on law enforcement killing or injuring suspects.

Indianapolis Narcs on Mad Arrest Binge. A newly formed Indianapolis Metropolitan Police Department drug unit has arrested more than 1,000 people in the past two and half months. Local media is calling it a "success" and IMPD Chief Troy Riggs vowed that more of the same was coming. "We're not backing off," he said. "This is the new normal."

Chronicle AM: AZ & CA MJ Polls, AR & OK MedMJ Lawsuits; Filipino Massacre Continues; More... (9/7/16)

New polls have good news for Arizona pot legalizers and better news for California ones, more lawsuits get filed over Arkansas and Oklahoma medical marijuana initiatives, the Philippines' murderous drug war continues apace, the Indonesian drug fighters want to imitate it, and more.

Filipino President Rodrigo "The Punisher" Duterte (theinfluence.org)
Marijuana Policy

Arizona Poll Has Legalization Initiative Leading. An Arizona Republic/Morrison/Cronkite poll has the Prop 205 legalization initiative favored by 50% of registered voters, with 40% opposed and 10% undecided. A 10-point lead is good, but getting over 50% would be better. "The proposal starts out ahead... but that doesn't mean it ends up that way after a campaign," said public-opinion pollster Mike O'Neil, who was not involved in the survey. "It reflects an evolving attitude on marijuana throughout the entire country, and we're part of that. People are no longer buying that this is just a horrible thing."

California Poll Finds Strong Majority for Legalization Initiative. A new poll from the Institute of Governmental Studies at UC Berkeley has support for the Prop 64 legalization initiative at 63.8%. That's in line with other recent polls that have shown the initiative apparently cruising toward victory. The strongest support came from Democrats (73.8%), African Americans (71.9%), Latinos (69.3%), and independents (62.2%).

Vermont Legislative Committee Will Examine Marijuana Policy Ahead of Next Year's Session. State Sen. Dick Sears (D-Bennington) said Tuesday the Joint Legislative Justice Oversight Committee will hold extra meetings this year to examine various issues around marijuana policy, including medical marijuana. Vermont was touted as likely to be the first state to legalize marijuana through the legislative process, but a bill this year passed the Senate, only to see it killed in the House. "My hope is that the House will take a look at it this time and work on a bill," he said.

Nashville Takes Another Step Toward Decriminalization. The Nashville city council has approved a marijuana decriminalization ordinance for a second time. It still has one more reading before it passes the council. The measure would give police the option of charging people caught with a half-ounce or less with a civil penalty instead of a misdemeanor.

Medical Marijuana

American Legion Calls for Marijuana to Be Rescheduled. The nation's largest veterans' organization has passed a resolution calling on the federal government to move marijuana off of Schedule I. The resolutions calls on the government "amend legislation to remove marijuana from schedule I and reclassify it in a category that, at a minimum will recognize cannabis as a drug with potential medical value." The resolution, which also calls on the DEA to "license privately-funded medical marijuana production operations in the United States to enable safe and efficient cannabis drug development research," was approved at the America Legion annual meeting in Cincinnati at the end of August.

Arkansas Medical Marijuana Foes File Lawsuit to Block Second Initiative. Arkansans Against Legalized Marijuana has filed a lawsuit seeking to disqualify the Arkansas Medical Marijuana Amendment from the November ballot. The same group, which includes the state Chamber of Commerce and Farm Bureau, earlier filed a similar suit against a competing initiative, the Arkansas Medical Cannabis Act. The lawsuits claim ballot titles and descriptions are deceptive. The Arkansas Medical Cannabis Act is also the target of another lawsuit challenging its handling of reporting by canvassers.

Oklahoma Medical Marijuana Initiative Campaigns Files Lawsuit Over Rewrite of Ballot Language. Oklahomans for Health, the group behind the medical marijuana initiative filed suit Tuesday to challenge Attorney General Scott Pruitt's (R) rewrite of its ballot description. The original wording of the ballot title made it clear that a yes vote would okay only medical use approved by a physician, but Pruitt's version starts out like this: "This measure legalizes the licensed use, sale and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified." And Oklahomans for Health is crying foul: "Thousands and thousands of signatures were collected from voters of Oklahoma," attorney David Slane said after he filed the lawsuit. "No elected official has the right to rewrite these ballots in such a way that he would try to unfairly influence voters. Scott Pruitt has a habit, a pattern of doing this." Because the campaign was late handing in signatures, the issue is unlikely to appear on the ballot this year. Look for 2018.

Hemp

Colorado Certifies Country's First Domestic Hemp Seeds. The state Department of Agriculture has certified domestic hemp seeds for the first time in this country. State officials showed them off Wednesday. The certification is the endpoint of a years-long collaboration between the department and Colorado hemp growers and "is vital to the long-term growth of the industry," said the department's Duane Sinning. The state has some 400 hemp farmers.

Law Enforcement

Unrest Continues Over Killing of Unarmed Black Florida Man in SWAT Raid That Netted Two Grams of Weed. Protests have been ongoing in the Clairmel area of Hillsborough County ever since a SWAT team member shot and killed Levonia Riggins in his own bedroom last Thursday during a raid in which authorities turned up only two grams of marijuana. Traffic intersections have been blocked periodically as protestors call for the officer who killed Riggins to be fired.

International

Colombian President Just Says No to Resuming Aerial Fumigation of Coca Crops. President Juan Manuel Santos has shot down a trial balloon floated earlier this week by Prosecutor General Nestor Humberto Martinez, who suggested that the country was about to restart aerial eradication of coca crops by spraying herbicides on the fields. Spraying doesn't solve the problem, Santos said: "We arrive, fumigate or eradicate it with soldiers and police, only for farmers to plant even more productive varieties as we leave," the president said.

Indonesia Anti-Drug Head Calls for Philippines-Style War on Drugs. Budi Waseso, head of the Indonesian anti-drugs agency, said Tuesday his country was ramping up its drug war and said Indonesia could be as aggressive as the Philippines, where alleged drug users and dealers are being murdered in the streets by police and vigilantes. "Yes I believe so. It can happen because (the drugs problem) in Indonesia is as bad as in the Philippines. The life of a dealer is meaningless because (he) carries out mass murder. How can we respect that?," he added.

Philippines Drug War Death Toll Now Surging Toward 3,000 in Only Two Months. People are being killed at the rate of 44 a day in President Rodrigo Duterte's war on drug users, drug sellers, and the rule of law, and the death toll after only two months in office is now nearing 3,000. Duterte is happy and wants more: "More people will be killed, plenty will be killed until the last pusher is out of the streets," he said "Until the (last) drug manufacturer is killed, we will continue and I will continue." Of the nearly 3,000 killed, about one-third are claimed by police and two-thirds are blamed on death squads, vigilantes, and hired assassins.

A Long Hot Summer of Drug War Deaths [FEATURE]

The killing of a young, black, unarmed Tampa man by a SWAT team that raided his home in an operation that turned up two grams of marijuana has sparked angry protests last week, including demonstrations last Thursday where people damaged vehicles, lit fires, and threw trash at police, leaving five people arrested and a community outraged.

Levonia Riggins. Unarmed, killed in his bedroom in a raid that netted two grams of weed. (family photo)
Levonia Riggins was shot and killed in his bedroom by Deputy Caleb Johnson of the Hillsborough County Sheriff's Office as the SWAT team executed a search warrant based on purchases of marijuana from Riggins by undercover officers earlier this summer. Police said they used the SWAT team because they had found guns in the house a year earlier.

When deputies arrived, they broke through a window and found Riggins in bed. "Mr. Riggins then jumped up and moved his hands toward his waistband," a police spokesman explained. Johnson then fired, killing Riggins in what police called "a split-second decision." The Hillsborough State Attorney's Office is now investigating the killing, as is a sheriff's internal team.

Riggins was only the last person to be killed in drug law enforcement operations this summer that left 10 other people dead in separate incidents, including a Tennessee police officer. According to the Drug War Chronicle, which has been tracking such deaths since 2011, the year's drug war death toll now stands at 33.

That's a rate of about one a week, a rate that has held constant throughout the five years the Chronicle has been counting. Also consistent is the ratio of civilians killed to police officers killed. It has been running at about 10:1 over the five-year period, and with three officers killed so far this year, that ratio is being maintained.

Here are the rest of the summer's drug war victims and the circumstances of their deaths:

On August 18, in Apache Junction, Arizona, a Maricopa County sheriff's SWAT Team member shot and killed Larry Eugene Kurtley, Jr., 53, as the SWAT team attempted to take him into custody on drugs, drug paraphernalia, and weapons charges. A woman who left the residence as police arrived told them he could be armed, and the SWAT team then began to negotiate his surrender, police said. But Kurtley refused to come out, so police fired tear gas into the home. When he emerged from the house, he was armed, police said, and one of the SWAT deputies opened fire, killing him. Kurtley had served multiple prison sentences dating back to the 1990s. The Pinal County Attorney's Office and the sheriff's office professional standards bureau are investigating.

On August 16, just outside Augusta, West Virginia, a sheriff's deputy shot and killed John O'Handley, 55, of Yellow Springs as he reportedly grabbed the deputy's gun while being transported to jail after being arrested on methamphetamine and other charges. Deputies had originally gone to O'Handley's residence in search of a stolen motorcycle, but discovered an active meth lab in the home, as well as homemade bombs and stolen property. O'Handley allegedly reached between the front seats of the police car and grabbed the arresting deputy's gun. "A struggle then ensued," and the deputy fired one shot, striking O'Handley in the head and killing him. The shooting is being investigated by the West Virginia State Police.

Tennessee Bureau of Investigation Special Agent De'Greaun Frazier. Killled during an undercover drug buy. (tn.gov/tbi)
On August 9, in Jackson, Tennessee, a Tennessee Bureau of Investigation agent was shot and killed while conducting an undercover drug buy. Special Agent De'Greaun Frazier, 35,was assisting Jackson Metro Narcotics and was in the front seat of a vehicle when the man he was supposed to buy drugs from instead tried to rob him, shooting him from the back seat. That man, Brendan Burns, has now been charged with murder in his death. Frazier had earlier served on a DEA task force while working at the Millington Police Department.

On August 9, in Los Angeles, LAPD officers in Boyle Heights shot and killed Jesse Romero, 14, as he fled from them while they investigated a report of possible "gang writings" and drug activity. According to the LAPD account, Romero and another youth split up and took off running when police arrived, and a witness saw Romero shoot a handgun toward pursuing officers. One officer returned fire, striking and killing Romero. But another witness said she saw Romero pull a gun from his basketball shorts as he ran, then toss it toward a fence. The gun fired when it fell to the ground after hitting the fence, startling Romero. "He didn't shoot," she said. Police recovered an old revolver, but it is unclear how near it was to Romero's body. The officers involved were wearing body cameras, but under LAPD policy that footage is only released to the officers involved before they make an initial statement -- not to the public. The ACLU of Southern California released a statement saying it was "particularly concerned" about Romero's death and criticizing LAPD's body camera policies.

On July 7, in Clovis, California, Clovis Police serving an arrest warrant on narcotics and related charges shot and killed Adam Smith, 33, as he attempted to flee in his vehicle. Police and his girlfriend's family lured him to the family residence, but he and his girlfriend tried to escape, jumping in his van in an alley. According to police, when they confronted the pair in the alley, the girlfriend jumped out of the van, Smith slammed it into reverse, nearly hitting her, then accelerated his vehicle toward the officers. Two of the three offices opened fire, fatally wounding Smith. He was not named in initial reports, but was later identified. In another report, an acquaintance said Smith was on heroin and had repeatedly said they he would die in a "suicide by cop," especially when he was on heroin.

Street meorial for 14-year-old Jesse Romero. (scpr.org)
On June 30, in Douglas, Wyoming, a US marshal shot and killed Jasen Scott Ramirez, 44, in the parking lot of a Catholic Church as he was leaving his father's funeral. The federal agents were seeking Ramirez to serve an arrest warrant on methamphetamine and weapons charges. Local police called to the scene after the shooting discovered 3.5 ounces of meth and two pistols in the vehicle he was driving, but it's unclear to whom the car, the guns, or the drugs belonged. It's also unclear whether Ramirez was brandishing or reaching for a weapon when he was shot and killed. The US Marshals Service has issued only a one-paragraph statement, short on details, including the name of the marshal who pulled the trigger. The agency said it would not be saying more until all investigations into the incident are concluded, including one by the Wyoming Division of Criminal Investigation. After the killing, an unconfirmed death threat was made against law enforcement, prompting authorities to temporarily lock down the county courthouse, city hall, and the hospital where Ramirez died.

On June 16, in Westminster, Colorado, a Westminster police officer shot and killed Nicholas Damon, 30, after Damon allegedly dragged the officer and ran over him with his car. Police were attempting to arrest Damon on outstanding drug and assault warrants when he hopped into his car and attempted to flee the scene. The officer involved was briefly hospitalized with "non-life threatening injuries." The killing is being reviewed by an Adams County special investigatory team.

On June 14, in Chula Vista, California, an undercover ICE agent shot and killed Fernando Geovanni Llanez, 22, as agents met with a half-dozen suspected marijuana traffickers in an apparent buy-bust deal at an Eastlake-area strip mall. The agent was part of the Homeland Security Investigations Operation Alliance drug task force, and the agency said Llanez attacked him in what could have been a robbery attempt. The agent fired several times, fatally wounding Llanez. His five companions fled, but were all chased down and arrested on charges of possession of marijuana for sale, conspiracy, and suspicion of robbery. Chula Vista police declined to confirm that it was an undercover operation and would not say if any cash or drugs were seized. There was no mention of any weapon.

On June 8, in Kansas City, Missouri, members of a DEA task force executing a search warrant shot and killed Carlos Garcia, 43, after he fired at officers from inside the house and then refused to exit, leading to an hours-long standoff. Finally, after police shot tear gas into the house, Garcia ran out the back door of the residence aiming his rifle at officers, police said. Task force members then opened fire on Garcia, killing him in the back yard.

On June 7, in Turlock, California, two Modesto police officers who were members of the Stanislaus County Drug Enforcement Agency "involved in a narcotics investigation" shot and killed Omar Villagomez after the vehicle he was driving collided with unmarked police vehicles as they attempted to arrest him. The passenger in the vehicle was not shot, but was injured by debris from the collision. He was charged with suspicion of meth possession with intent to sell, transportation of meth, possession of a controlled substance while armed, and possession of a loaded and concealed firearm.

Chronicle AM: Obama Commutes More Drug Sentences, Boston's First MedMJ Shop Opens, More... (8/3/16)

Obama commutes more drug sentences, Boston gets its first dispensary, more signs of how horrid South Dakota is on marijuana, Utah SWAT deployment data, and more.

Utah SWAT is aimed mostly at drug offenders. (Wikipedia/Creative Commons)
Marijuana Policy

Oregon US Attorney Prosecuting Black Teen Over One Gram of Weed. In the first federal marijuana possession prosecution in the state in five years, teenager Devontre Thomas has been charged over a gram of pot found in another student's backpack at the federal Indian School they both attended. The other teen claimed he got the weed from Thomas, and that's enough for US Attorney Billy J. Williams to charge Thomas with "knowingly and intentionally possessing marijuana." Williams is getting blowback from many, including US Sen. Jeff Merkley (D-OR), who said "situations like this are best handled by the state."

South Dakota to Prosecute Consultants for Aborted Indian Tribe Pot Grow. Attorney General Marty Jackley announced Wednesday that two men who consulted with the Flandreau Santee Sioux Tribe in its effort to grow marijuana have been indicted on a range of marijuana possession charges. The tribe began to grow after the federal government signaled that tribes could do so, but destroyed its crop after federal officials raided other tribes than had entered the business and after state officials threatened to arrest non-Indians who used marijuana there. One of the consultants was hit with felony possession and is looking at up to 7 ½ years in prison, while the other, who cooperated with authorities, only got a misdemeanor charge.

Medical Marijuana

Boston Gets Its First Dispensary. The Patriot Cares dispensary is open on Boston's Milk Street as of today. The company says it's ready for 150 patients a day and that 200 patients have already registered.

South Dakota Medical Marijuana Initiative Supporters Sue Over Signatures. The secretary of state's office said petitions from the South Dakota Coalition for Compassion came up short on signatures, blocking the measure from going to the voters, and now, the coalition has filed a complaint alleging that signatures were not properly counted. The coalition is seeking to have the secretary of state's decision thrown out and that a local judge will order the initiative placed on the November ballot.

Law Enforcement

Utah SWAT Used Overwhelmingly for Drug Crimes. Utah is the only state to currently require reporting on SWAT deployments, and the 2015 report has just been released. SWAT was deployed 457 times in 2015, including 281 forced entries into private residences. Three-quarters of those forced entries were drug raids. The data also showed that police were more likely to use "no-knock" search warrants against drug suspects than against violent crime suspects. Go figure.

Pardons and Clemency

Obama Frees More Federal Drug Prisoners, But Time is Running Out. Some 214 federal drug war prisoners saw their prison sentences commuted Wednesday as President Obama took another step toward fulfilling his administration's pledge to use his pardon power to cut draconian drug sentences and free prisoners serving decades-long stretches for non-violent drug crimes.Those whose sentences were commuted Wednesday will walk out of prison on December 1. With Wednesday's commutations, Obama has now commuted the sentences of 562 men and women sentenced under harsh federal drug laws, including 197 people doing life for drug offenses. That's more commutations than the last nine presidents combined.

Virginia Cop Gunned Down Last Week Was Doing a Drug War Training Exercise

The Virginia State Trooper shot and killed at the Greyhound Bus Station in Richmond, Virginia, last week died while on a drug war training exercise aimed at patrons of the transportation hub.

Trooper Chad Dermyer, 37, was gunned down by James Brown III, an Illinois man with a lengthy criminal record, who in turn was shot and killed by Dermyer's colleagues. Two women were wounded in the gunfire, neither with life-threatening injuries.

The two fatalities come as a shock, but hardly a surprise. According to Drug War Chronicle, which has been tallying deaths directly related to domestic drug law enforcement activities since 2011, the killings bring this year's total to eleven. Over the past five years, drug war deaths have occurred at a pace of roughly one a week, and this year so far is about on track.

Of those 50 or so drug war deaths each year, only a handful have been police officers. But Dermyer is the second law enforcement officer to be killed upholding drug prohibition in a 10-day period: An Indiana deputy was killed March 22 in a misbegotten midnight drug raid over a single syringe.

In Richmond last Thursday, as Fox 10 TV reported:

State Police were at that station for a training exercise on how to intercept drugs at bus terminals, which are often critical transfer points for narcotics. Dermyer had just been training for his new position around 2:40 when he was shot by a man he approached as part of that training, according to State Police.

"The male subject pulled out a handgun and shot Chad multiple times," Virginia State Police Superintendent Col. W. Steven Flaherty said. "The male subject continued firing his weapon, as two state police troopers opened fire."

The Washington Post added a bit more detail:

[State Police Superintendent W. Steven] Flaherty said Dermyer and other troopers were at the station to train for what is called a counterterrorism and criminal interdiction unit. The unit is assigned to public transit areas and highways to identify and question people deemed suspicious. It is a way of intercepting drugs and guns.

Dermyer, wearing a dark blue uniform that resembles fatigues, had started to question the man when the assailant pulled out a gun and shot the trooper, police said. Dermyer was not wearing a protective vest.

Flaherty said the conversation lasted about 30 seconds. He said he did not know what drew Dermyer's attention to the man. Two other troopers returned fire, police said. Flaherty said the squad's training assignment was: " 'If you see some suspicious behavior, go over and engage and have a conversation.' That was what was taking place here."

While it may have been a "training exercise," what police were doing was surveilling and accosting real people in real life. And it got very real indeed when Dermyer stopped Brown, who was armed and who had an extensive criminal record, with arrests on counts ranging from the petty -- "failure to obey police, resisting a corrections officer, numerous drug charges" -- to the ugly -- "aggravated battery of a pregnant woman" -- to the quite serious -- "murder, intent to kill, aggravated battery with a firearm, felony possession of a weapon." (It's not clear which of those arrests actually resulted in convictions and on what charges.)

According to his aunt, who helped raise him and with whom he stayed until she kicked him out in December, Brown really didn't like cops. The aunt, Edith Brown of suburban Chicago, told WTVR News Brown had been to prison and had had enough.

"He said he would never go back to prison again," she said. "He would fight it out with them. He had a lot of anger about the police in the past," she said. "He pretty much thought he wanted to be infamous... in terms of having a showdown. He always praised those people who got into shootouts with police."

It's difficult to tease out the role of drug prohibition in the incident where Dermyer's and Brown's lives intersected -- and ended. It's embedded in an intricate tapestry of race and class, crime and criminalization, permanent paranoia and militarized policing. But the war on drugs is one of the threads, and now, two more people are dead.

Richmond, VA
United States

Chronicle AM: "Baby Bou Bou" Wins $3.6 Million Settlement, Pill Testing Battle Looms Down Under, More... (2/29/16)

Justice at last for Baby Bou Bou, Minneapolis decriminalizes, Ohio lawmakers resort to more drug war, Iran executes all the males in a village for drugs, Australian harm reductionists pledge to open a pill testing center at festivals despite government opposition, and more.

"Baby Bou Bou" before and after a Georgia SWAT team raided his home. (Family photos)
Marijuana Policy

North Dakota Legalization Activists Hand In Revised Initiative. Organizers of a marijuana legalization initiative that was earlier rejected by state officials resubmitted their proposal last Friday. The secretary of state now has about one month to review the petition and draft a summary that could be used during the signature gathering process.

Minneapolis Softens Pot Penalties. The city council voted last Friday to reducing small-time pot possession from a misdemeanor to a petty misdemeanor. Petty misdemeanors are not crimes under state law because they are not punishable by jail time. The move is more symbolic than anything, since pot possession is already a petty misdemeanor under state law.

Medical Marijuana

Georgia House Approves CBD Cannabis Oil Expansion, But Still No Legal Source. The House Monday approved House Bill 722, adding seven new conditions to the list of those qualifying to use CBD cannabis oil. But much to the dismay of bill sponsor Rep. Allen Peake (R-Macon), the bill does not allow for cannabis cultivation in the state. To obtain their medicine, patients must thus resort to violating federal law by importing the medicine. The bill now goes to the Senate.

Maryland House Approves Medical Marijuana Expansion Bill. The House last Friday approved House Bill 104, filed by Del. Dan Morhaim (D-Baltimore County). The bill would allow midwives, nurses, podiatrists, and dentists to certify patients for medical marijuana. The bill has no immediate practical implications because there are not yet any dispensaries open in the state. The bill now heads to the Senate.

New Mexico Reveals Names, Addresses of Medical Marijuana Growers, Sellers. The state Health Department has posted on its website the names and addresses of non-profits licensed to grow and sell medical marijuana in the state. The move is in response to a Freedom of Information Act request in a lawsuit brought by a reporter and a public interest group.

Law Enforcement

Family of Infant Injured in Georgia Drug Raid Wins $3.6 Million Settlement. The family of "Baby Bou Bou" Phonesavanh, who was burned by a flash bang grenade during a misbegotten, failed drug raid in Cornelia in May 2014, has been awarded $3.6 million in damages. No police were charged in the raid, which hit the wrong home. The infant's medical bills are estimated at $1 million. The Georgia county where the raid took place refused to pay them.

Sentencing

Ohio Bill to Heighten Punishments for Drug Dealers is Moving. The measure, House Bill 171, would lower the threshold for labeling someone "a major drug offender" from 250 grams of heroin to 100 grams. It passed the House last year and is currently in Senate committee hearings. The Office of the Ohio Public Defender and the ACLU of Ohio are opposing the measure, arguing that is just another criminalizing response to what should be viewed as a public health and safety issue.

International

Poll Finds Strong Majority of Canadians Support Pot Legalization. A new Globe & Mail poll has support for legalization at 68% nationwide, with majority support (55%) even in the conservative-leaning prairie provinces. Liberal Prime Minister Justin Trudeau has promised to legalize it and has called on former Toronto Police Chief Bill Blair to come up with the best model for legalization. The poll found Canadians split on home cultivation, with 49% in favor and 48% opposed.

Iran Executed Every Adult Male on Drug Charges in One Village. Iranian Vice President for Women and Family Affairs Shahindokht Molaverdi told the semi-official Mehr news agency last week that every adult male drug crimes were rampant in some areas, including "a village in Sistan and Baluchistan province where every single man was executed." Molaverdi pointed to the executions as an example of the government failing to deal with drug trafficking in its southern regions and said Tehran needs to better support the families of those executed. "Their children are potential drug traffickers as they would want to seek revenge and provide money for their families,” she said. "There is no support for these people. We believe if we do not support these people, they will be prone to crime."

Australian Festival Pill Testing Battle Heightens. Harm reductionists seeking to reduce deaths and injury among music festival goers are planning an unsanctioned pill testing scheme and will result to civil disobedience if necessary. The New South Wales government today reaffirmed its opposition to the pill testing pilot project, but activists said they will go ahead with a van staffed with toxicologists and shielded from police by barriers of supporters who will risk arrest to protect the testers from prosecution. The project is still months away from being implemented, though. 

The Most Outrageous Drug War Deaths of 2015 [FEATURE]

An as yet unnamed man killed by police in Rawlins, Wyoming, on December 30, after they were called to a convenience store about a person believed to be selling drugs in the parking lot, and Burlington, Vermont, resident Kenneth Stephens, 56, shot and killed by a state trooper and a DEA agent on December 22 when he met them with a rifle as they raided his apartment, were the last two people to make the Drug War Chronicle's drug war death toll tally, bringing it to 56 for the year.

This is the fifth year the Drug War Chronicle has tallied drug war deaths. There were 54 in 2011, 63 in 2012, 41 in 2013, and 39 in 2014. That's an average of just a hair under one a week during the past five years.

The Chronicle's tally only include deaths directly related to US domestic drug law enforcement operations -- full-fledged, door-busting, pre-dawn SWAT raids, to traffic stops turned drug busts, to police buy-bust operations. Some of the deaths are by misadventure, not gunshot, including several people who died after ingesting drugs in a bid to avoid getting busted and two law enforcement officers who separately dropped dead while searching for marijuana fields.

The dead included three other police officers, two Hattiesburg, Mississippi, cops gunned down in a traffic stop turned drug search in May and a Memphis cop gunned down over a $20 pot deal in August.

But 90% of the drug war dead are civilians. While some of the deaths are accidental and some are clearly justifiable, as when people are actually shooting at police, others are more questionable. Were all those guys in vehicles who got killed because police "feared for their lives" really trying to run down and kill cops over a drug bust, or were they just trying to get away?

And some are just downright outrageous -- one might even say criminal, although local prosecutors generally seem to disagree. In only one of the cases listed below was the police officer arrested, and in that case, she walked. Here are the worst drug war killings of 2015:

1. In February, Hummelstown, Pennsylvania, Police Officer Lisa Mearkle shot and killed David Kassick, 59, after he fled a traffic stop. Kassick was a relapsed heroin user who had done time in federal prison for heroin sales, and was carrying a needle and a spoon with residue on him. Video from Mearkle's stun gun shows her repeatedly tazing Kassick as he lay on his belly in the snow and yelling at him to show his hands as they jerk around from the tazing before firing two shots into his back four seconds apart. Mearkle was arrested on murder charges in April, but acquitted of murder charges in November.

 

Zach Hammond. Gunned down over his passenger's pot deal.
2. In March, Volusia County, Florida, Sheriff's Deputy Todd Raible shot and killed Derek Cruice, 26, during a dawn SWAT raid aimed at a small-time marijuana sales operation. Cruice, who was unarmed, was shot in the face. Police claimed they were "met with resistance and a shooting occurred," but Cruice's roommates vehemently disagreed. "He had no weapons on him or in the house," roommate Steven Cochran told the Daytona Beach News Journal. "Nobody was making any kind of resistance or keeping them from doing their job." Cruice wasn't even wearing a shirt, he said. "It's kind of hard to conceal anything or hide anything when this is all you have on. They entered the house and fired." Another roommate bluntly called the deputy's action's "murder." A grand jury directed by State Attorney R.J Larizza disagreed. In Ocober, it failed to indict Raible on any charge. Cruice was a popular figure in the local community, and there were protests over his death. The cops scored half a pound of weed and some cash, but no weapons in the raid.

3. Also in March, also in Florida, Putnam County sheriff's deputies shot and killed Andrew Anthony Williams, 48, as he attempted to flee in his vehicle from a "reverse sting." That's where cops pose as drug dealers, sell unwary customers small amounts of drugs, then arrest them. Deputies had successfully sold drugs to and arrested 10 people, but when they identified themselves and tried to arrest Williams, who was number 11, he declined. News 4 Jax had it this way: "…when they tried to arrest Williams, he took off in a blue SUV and, swerving to avoid deputies, ran into a tree. Williams then backed up and tried to take off again toward deputies causing four of them to open fire on Williams SUV, hitting him an unknown number of times."

Williams' death stinks for two reasons, First, reverse drug stings are a controversial tactic, sometimes arguably justifiable at the higher echelons of the drug trade, where selling sizeable quantities of drugs to a player to see where they go help crack a drug ring, but that logic isn’t at work here, where the only result is to round up some street drug buyers and drag them into the criminal justice system. Is having deputies pretend to be drug dealers to bust small-time users really the county's best use of its law enforcement resources?

And then there's the no-witness "he was going to run me over" defense used by the police to justify the killing. It happens not infrequently. Williams may have decided that getting busted on a minor dope charge was worth trying to murder a group of police officers with his vehicle. But could it have been that he was just trying to get away?

4. In April, 73-year-old Tulsa, Oklahoma, sheriff's Reserve Officer Charles Robert Bates shot and killed meth and gun trafficking suspect Eric Harris when he mistakenly opened fire with his pistol instead of his Taser. The shooting occurred in the midst of a struggle as Harris had attempted to flee on foot and there is no evidence that Bates intended to kill Harris, but the killing led to scandal over Sheriff Stanley Glanz's relationship with Bates and how the retiree volunteer managed to get in the middle of a Violent Crimes Task Force operation. Glanz was forced to resign in October and was indicted on a misdemeanor records tampering charge over his failure to release Bates' personnel records. Those records indicate that even though top sheriff's officials knew Bates wasn’t well-trained enough, they pressured others to ignore it. Bates himself was indicted for second degree manslaughter and goes on trial in April.

 

5. In July, Seneca, South Carolina, Police Officer Mark Tiller shot and killed 19-year-old Zachary Hammond. Hammond was behind the wheel of a car at fast food restaurant parking lot. He had driven there with a female passenger who was going to sell a small amount of marijuana to what turned out to be an undercover cop. Police said Hammond drove toward the officer, forcing him to fire, but that account was challenged by Eric Bland, an attorney representing Hammond's family. Bland said that the autopsy report showed that Hammond had been shot from behind and that the vehicle was not moving. The autopsy showed a first shot entering the teen's left rear shoulder and a second in his side five inches away that went through his heart and lungs before exiting his lower right side.

"It is clearly, clearly from the back," Bland said after viewing pictures of the bullet wounds at the coroner's office. "It is physically impossible for him to be trying to flee or run over the officer that shot him. This is a 19-year-old kid without a weapon in his car, clearly in the Hardee's parking lot on a date, and within five minutes he has two shots that appear to be in his back and his side, from an officer shooting him from the back -- and he's dead and this family needs answers."

The killing was egregious enough to spark a Justice Department investigation, which is still ongoing, but not enough to convince local prosecutors to go after Officer Tiller. In October, Solicitor Chrissy Adams declined to file criminal charges against Tiller. A federal wrongful death lawsuit filed by Hammond's family is pending.

 

 

Troy Goode. Authorities tried to blame his death on "LSD toxicity."
6. In September, a still unnamed member of an Akron, Ohio, SWAT team shot and killed Omar Ali, 27, during a raid on his hookah store. Police were investigating Ali for drug sales and domestic violence when they broke down the door to his business, then encountered him in the main room of his shop. Police said they ordered him to put his hands up, but he allegedly refused those commands and reached toward the back of his waistband. The unnamed SWAT officer then shot him. Police found no weapon in his waistband. What they did find was 2.8 grams of heroin and five doses of Suboxone hidden in his butt-crack.

7. In July, a group of police officers in Southhaven, Mississippi, arrested Troy Goode, 30, after he was behaving erratically under the influence of LSD he had ingested in anticipation of a Widespread Panic concert. His wife attempted to drive him home, but at some point, he got out of the car and began creating a disturbance. Police were called, and they chased and arrested him, hogtieing him face down on a stretcher. He was charged with resisting arrest, then taken in an ambulance to a hospital, where he died two hours later. In December, the State Medical Examiner ruled that Goode had died of "LSD toxicity," but given that there are no known cases of fatal LSD overdoses, that finding is hard to credit. Goode's family isn't buying it; they instead cite an,independent autopsy report that found Goode died after being hogtied and left prone for an extended period. That stress position caused him to have trouble breathing and, as his heart attempted to compensate, it went into cardiac arrhythmia. "He was suffocating. His heart increased into what is called tachycardia," family attorney Tim Edwards said. "There is no scientific basis to attribute his death to LSD. This was lethal force, putting someone in a prolonged hogtied position," Edwards said. "This was not a situation where a 300-pound man attacked a police officer in the dark. This was a science nerd." The family has asked the Justice Department to file a civil rights investigation and says it plans to file a lawsuit over Goode's death this month.

Three More Drug War Deaths This Month

A SWAT team member in Ohio shot and killed an unarmed businessman, and SWAT teams in South Carolina and Mississippi killed two more people in drug enforcement on the same day this week. There is also news on some past drug war killings.

This month's drug war killings bring the Drug War Chronicle's count of people killed in US domestic drug law enforcement operations so far this year to 49. The figure only includes people who died as a direct result of the drug war.

  • In Ohio, 27-year-old Omar Ali died October 5, two weeks after he was shot and wounded by a SWAT officer during a September raid on his Akron hookah store. Police were investigating Ali for drug sales when they broke down the door to his business, then encountered him in the main room of his shop. Police said they ordered him to put his hands up, but he allegedly refused those commands and reached toward the back of his waistband. The unnamed SWAT officer then shot him. Police found no weapon in his waistband. What they did find was 2.8 grams of heroin and five doses of Suboxone hidden in his butt-crack.
  • In Florida, a Jacksonville Sheriff's Office SWAT team shot and killed an armed drug suspect during a residential drug raid Wednesday afternoon. The dead man has not yet been named. Police said they were preparing to break down the door to the home when they encountered the man armed with a hand gun. He allegedly turned to confront them, and was then shot and killed by Officer Nicholas Rodgers. The dead suspect didn't fire a shot. Police said they found cocaine and more guns when they searched the residence.
  • In Mississippi, a drug suspect was killed and a deputy wounded during a Monroe County SWAT drug raid Wednesday morning. The dead man has not yet been identified. Sheriff Cecil Cantrell explained that it all began with a traffic stop: "Basically, we did a traffic stop on a vehicle and he had quite a bit of drugs in there, ice (crystal meth)," Cantrell said. "We talked to him and asked him where he got the drugs, and he told us where he bought them. And we got a search warrant and went down to this gentleman's house. When we got there the SWAT team went down to the house. When they got to the back door, he opened the door and started shooting, wounded one of my deputies. The deputies shot back. Those were seasoned deputies who were on that SWAT team, and they had no choice but to shoot back. And that person is deceased now."

Please note that in all three cases, as in many other cases of drug war violence, the only account available is that from police.

Meanwhile, there is also news on a pair of earlier cases of drug war deaths.

  • In California, the El Centro Police and four named officers are being sued over the 2012 death of Charles Sampson during a drug investigation. A police body camera video picked up police threatening to arrest Sampson and his family members if he didn't tell them where he had hidden drugs. Police also said a drug dog had alerted on the residence, but they later revised that statement, and they didn't find any drugs in the house. Sampson became ill, apparently after ingesting methamphetamine, but when family members called 911 for an ambulance, police told the dispatcher to ignore all calls from the house because Sampson was "putting on a show." Only two hours later was Sampson taken to a hospital, and only because a police officer ignored instructions to take him to jail. The lawsuit goes to trial in May 2016.
  • And in South Carolina, prosecutors declined to file criminal charges against the police officer who shot and killed unarmed teenager Zachary Hammond during a pot bust in July. Hammond was the driver of a car parked at a fast food restaurant, and the girl in the passenger seat had just arranged a pot deal with a person who turned out to be an undercover cop. When the cops pulled up, Hammond began to attempt to drive away and was shot twice by Officer Mark Tiller. Tiller claimed self-defense, although video showed Hammond's car already passing Tiller when he opened fire. But Solicitor Chrissy Adams said Tiller would face no charges.

Chronicle AM: CO Pot Sales Hit Another Record, Bolivia Pres Rejects US Drug Criticism, More (9/15/05)

Another month, another marijuana sales record in Colorado; Toledo votes on ending marijuana possession penalties today; Missouri activists eye a medical marijuana initiative, and more.

They're going to the polls over pot in Toledo today. (Facebook.com/SensibleToledo)
Marijuana Policy

Colorado Sets Another Marijuana Sales Record. More than $96 million worth of marijuana was sold in the state's legal marijuana and medical marijuana shops in July, up from the previous record of $85 million in June. Recreational sales were a record $56.4 million, while medical sales were more than $39.8 million. Both figures are records for the legal marijuana era.

Toledo Votes Today on Ending Marijuana Possession Penalties. Voters there will have the chance to approve Issue 1, the "Sensible Marijuana Ordinance" supported by Sensible Toledo. The ordinance would eliminate jail time and fines for possession of up to 200 grams of marijuana. Current municipal ordinances make possession of up to 100 grams a misdemeanor punishable by a fine and possession of up to 200 grams a misdemeanor punishable by up to 30 days in jail. Under Ohio state law, possession of up to 100 grams is decriminalized.

Medical Marijuana

Missouri Activists Aim at 2016 Medical Marijuana Initiative Instead of Legalization. The activist group Show Me Cannabis has announced it will try to put a medical marijuana initiative -- not a legalization initiative -- on the November 2016 ballot. They will need to come up with 160,000 valid voter signatures by next May to do it.

Las Vegas Dispensary Forced to Close Over Shortages After Test Samples Come Up Dirty. The only dispensary in the city, Euphoria Wellness, was forced to close its doors for almost a week after it ran short on marijuana because too many batches failed state-required contamination tests. The state basically allows no pesticides to be present, and about one-third of samples have failed, mostly over the presence of pesticides, but some for microbial contamination. The dispensary planned to reopen today.

Law Enforcement

Wisconsin GOP Lawmakers File Search Warrant, SWAT Bills. A pair of Republican state lawmakers, Rep. Dean Knudson and Sen. Duey Stroebel, announced today that they have introduced bills that would require police to develop policies for executing no-knock search warrants and require every police department with a SWAT team to report on each call-out and reason for deployment. The bills aren't yet up on the legislative website.

International

Bolivian President Rejects US Criticism, Calls US Drug Policy "Failed." President Evo Morales rejected the US claim that it had failed to live up to its drug control obligations, saying that the major failure of drug control was the US's war on drugs policy. "I think this [the US designation of Bolivia as not in compliance with anti-drug goals] is a political action by the US State Department. But if we are sincere, the policy of the US is a failure in the fight to control the drug traffic," Morales said. "I could talk of many countries of the world where there is this problem and how it has grown with the presence of the United States. This makes us think that, in truth, they use the struggle against the drug trade for political ends."

Chronicle AM: Utah SWAT Raids Almost All Drugs, Bolivia Reduces Coca Growing (Again), More (8/18/2015)

A Wisconsin tribe may legalize marijuana, Ohio foes line up against the legalization initiative there, more Washington state dispensaries will be forced to close, a Utah SWAT reporting law shows what those squads are up to -- and it isn't hostage situations or "active shooters" -- Bolivia coca growing down, and more.

Bolivian President Evo Morales had a few choice words for US drug policy. (wikimedia.org)
Marijuana Policy

Ohio Legalization Initiative Foes Get Organized. Business, children's advocacy, parents, religious groups, and other groups organizing to defeat the ResponsibleOhio marijuana legalization initiative have formed an opposition organization, No on 3. Some are opposing it because of its limitations on who could grow commercial marijuana; others, like the Ohio Children's Hospital Association, have more traditional plaints: "The legalization of marijuana in Ohio at this time and the way issue three proposes would set too dangerous of a precedent and put at risk the other three million kids in the state," said Nick Lashutka, president of the association.

Wisconsin's Menominee Tribe to Vote on Legalizing Marijuana. The Menominee, one of the poorest tribes in the country, are set to vote this week on whether to legalize and sell marijuana. The move comes after the state rejected the tribe's plan to build a casino in Kenosha. The Menominee say they are interested in marijuana to "Explore all opportunities to diversify the tribe's economy, create jobs, and provide revenue to the tribe necessary to fund health, education, social, law enforcement and and other important services."

Medical Marijuana

Most Tacoma Dispensaries to Be Shut Down. The city council this week decided to shut down most of the city's 60 unregulated medical marijuana dispensaries. The dispensaries have 45 days to close. After passage of Senate Bill 5052, which essentially folds the medical marijuana system into the recreational marijuana system, dispensaries and collective gardens will have to get licenses from the state beginning next July 1 or shut their doors.

Heroin and Opioids

Massachusetts Officials Want to Jack Up Penalties for Fentanyl. State Attorney General Martha Healey joined legislators and law enforcement officials at a press conference Tuesday to press for legislation that would double prison sentences for people caught in possession of more than 10 grams of the synthetic opioid fentanyl. People caught with large amounts of heroin face up to 30 years, but under a lacuna in state law, people caught with large amounts of synthetic opioids can only be charged with possession with intent to distribute, with a maximum sentence of 10 years. "By criminalizing the trafficking of fentanyl, we will give police and law enforcement the tools they need to get this deadly drug off the streets and out of the hands of those struggling with addiction," Healey said. Some 1,200 people died of drug overdoses in the state last year, and another 312 in the first quarter of this year. [Ed: Why 10 years isn't more than enough for almost any law enforcement purpose, especially in a time of mass incarceration when that type of sentencing is coming under increasing criticism from across the political aisle, is not clear. How sad that a Democrat and former civil rights official in a liberal state is campaigning for longer sentences.]

Law Enforcement

Utah SWAT Reporting Law Shows Overwhelming Majority of Deployments Were for Drug Raids. Utah passed a SWAT reporting law last year, and now the first numbers are in. They show that SWAT teams were deployed nearly twice a day (559 reported incidents, with 25% of agencies failing to report) and, most startlingly, 83% of all SWAT deployments were to serve search warrants for drug offenses. Two-thirds (65%) of the drug raid SWAT deployments either "no-knock" or "knock and announce" raids where police force entry into homes without giving residents a chance to just let them in. Much more at the link.

International

Bolivia Coca Production Falls for Fourth Straight Year. The UN Office on Drugs and Crime announced Monday that the amount of land devoted to coca production dropped by 11% last year, continuing a trend that has seen land devoted to coca drop by more than a third since 2010. President Evo Morales touted his government's approach as more effective than the US-led war on drugs. "Eradication and fighting a war on drugs with military bases is not the solution, as we've seen in some Andean countries, where there are US officials waging the war on drugs," he said. He was referring to the world's two largest coca and cocaine producers, Colombia and Peru, where eradication efforts have provoked sometimes bloody strife.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School