For years, getting caught trying to smuggle drugs across the US-Mexican border meant being handed over to US authorities for prosecution.

Residents of the Colorado ski town of Breckenridge overwhelmingly voted to legalize the possession of small amounts of marijuana Tuesday. Early returns had the local measure passing with 72% of the vote.

That means as of January 1, people in Breckenridge can legally possess up to an ounce of marijuana under local ordinance. The measure also legalizes the possession of marijuana paraphernalia.

"This votes demonstrates that Breckenridge citizens overwhelmingly believe that adults should not be punished for making the safer choice to use marijuana instead of alcohol," said Sean McAllister, Breckenridge attorney and chair of Sensible Breckenridge, a local project of the statewide marijuana law reform group Sensible Colorado.

"As state and national focus grows on this important issue, the popular ski town of Breckenridge has taken center stage on marijuana reform-- and not just for medical purposes," said Brian Vicente of Sensible Colorado. "With this historic vote, Breckenridge has emerged as a national leader in sensible drug policy"

The campaign, which had no formal opposition, received a chorus of local support including endorsements from Breckenridge Town Councilman Jeffrey Bergeron, former. Colorado State Representative and Breckenridge resident, Gary Lindstrom, and the Summit Daily News.

Measure 2F was placed on the ballot when over 1400 local supporters signed a petition supporting the reform measure.

Under Colorado state law, possession of up to an ounce is decriminalized and punishable by a $100 fine. But Breckenridge police will "still have the ability to exercise discretion," said Chief Rick Holman. “It's never been something that we've spent a lot of time on, so I don't expect this to be a big change in how we really do business,” he told the Summit Daily News.

Breckenridge residents had voted for Amendment 44, a statewide legalization initiative, by the same percentage in 2006. That initiative won only 41% of the vote statewide.

Denver became the first city to vote to legalize marijuana possession under municipal ordinance in 2005.

Three months after New Hampshire Gov. John Lynch (D) vetoed a medical marijuana bill, bill supporters attempting to override the veto came up one vote short in the state Senate Wednesday.

In an opinion released Thursday, the Colorado Court of Appeals has ruled that persons designated as "caregivers

Medical Marijuana Regulations:  We need your guidance 

Dear Supporters of Sensible Drug Policy,
 
Interesting news!

Colorado State Senator Chris Romer has requested that Sensible Colorado contact our large database of patients and supporters to request input on a bill he plans to run in 2010-- a statewide bill to Regulate Medical Marijuana Sales.  Senator Romer has told Sensible Colorado that he wants to see our state become a leader in alternative therapies-- including medical marijuana-- for all seriously ill people. 
 
The Senator wants to hear from you.  Please take advantage of this unique opportunity to help shape the future of medical marijuana in Colorado.  Contact Sen. Romer today with your guidance and comments at:  sen.romer@gmail.com.  To assist with this process, we have linked a copy of Sensible Colorado's White Paper titled "Medical Marijuana Dispensaries:  Benefits and Regulation" HERE and have included an email template below.    
 
--Here is a sample email--
 
Dear Sen. Romer,
 
On behalf of Sensible Colorado and the movement for safe access in Colorado, I applaud you for examining the important issue of medical marijuana regulation in our state.  It is vital that Colorado's sick patients have safe and reliable access to this doctor-recommended medicine.  Please keep in mind that medical marijuana dispensaries are utilized by the sickest members of your community, so please act to preserve these facilities.  Here are some ideas for sensible regulation:
 
-- Arbitrary caps on the number of dispensaries can be counterproductive.  Policymakers do not need to set arbitrary limitations on the number of dispensaries allowed to operate within a community because, as with other services, competitive market forces will be decisive. 
 
--Regulations are best handled by Health and Planning Departments, not law enforcement.  Let's leave medical issues to health professionals.  Law enforcement agencies, having little expertise in health and medical affairs, are ill-suited for handling such matters.
 
--Restrictions on the locations of dispensaries are often unnecessary and can create barriers to access.  Certainly we don't want dispensaries-- or liquor stores for that matter-- next to schools.  However, patients benefit from dispensaries being convenient and accessible, especially if the patients are disabled. 
 
--Patients benefit from onsite consumption and proper ventilation systems.  Dispensaries that allow patients to consume medicine onsite encourage members to take advantage of non-marijuana, therapy services and allow for greater social interaction, which can have positive psychosocial health benefits for this chronically ill population.  
 

Thanks for your time and for the opportunity to comment on this important topic.
 
Sincerely,
 
[NAME]

Sensible Colorado | PO Box 18768 | Denver CO 80218

A California Superior Court judge ruled Monday that the Ci

Hit hard by a double whammy of drought and economic slowdown, California's Central Valley has become a hotbed of methamphetamine and other injection drug use.

In a little more than two weeks, Maine residents will go to the polls to vote on a measure that would build on the state's decade-old existing medical marijuana law by creating a system of dispensa

The Texas district attorney accused of participating in an egregious asset forf

As many as 1,500 low-level, nonviolent drug offenders will be able to apply for release or shorter sentences under reforms to New York's draconian Rockefeller drug laws that went into effect Wednes

For Immediate Release: October 7, 2009
Contact: Tony Newman at (646) 335-5384 or Gabriel Sayegh at (646)335-2264

1,500 Incarcerated People Eligible for Resentencing and Release, Judges Now Have Discretion Governor Paterson to Mark Milestone at Brooklyn Courthouse on Wednesday at 10 a.m.

An Army of Legal Advocates and Human Service Agencies Stand Ready to Provide Reentry, Drug Treatment and other Services

New York- On Wednesday, October 7, key elements of the Rockefeller Drug Law reform go into effect: Decision making authority is returned to judges, who can now divert people suffering from drug dependency into treatment and other service programs, instead of prison. And nearly 1,500 people currently incarcerated for low-level, nonviolent drug offenses under the Rockefeller Drug Laws can petition the court for resentencing and, if approved by a judge, will be released.

After Governor David Paterson signed the reforms into law earlier this year, advocates and service providers have worked diligently to prepare for implementation. Legal aid and public defender agencies are providing legal counsel. Hundreds of social and human agencies around the state have volunteered to provide a broad range of services to those individuals who will be released from prison as a result of drug law reform. In New York City alone, over 100 human service agencies have agreed to work with legal aid and public defender agencies to provide services like housing, job training and drug treatment to those individuals returning from prison as a result of drug law reform.

"As someone who spent 12 years behind bars on Rockefeller charges and another 12 fighting the inhumane laws, I am thrilled that the law has been changed, said Anthony Papa, author of 15 Years to Life. "But, Rockefeller will only be real when those who are behind bars are allowed to come home and those who need help get treatment instead of a jail cell."

"New Yorkers fought for decades to reform the draconian Rockefeller Drug Laws, and we finally succeeded this year," said Gabriel Sayegh of the Drug Policy Alliance. "Now we need to make Rockefeller reform work.
Today marks another step towards our state moving in new direction on drug policy, one based on public health and safety. Thankfully, legal and human service agencies are stepping up to implement reform."

"Rockefeller Drug Law reform symbolizes a critical time in our history, where we acknowledge the individual stories and personal struggles of those who have been most affected by such a harsh and racist sentencing scheme," said Shreya Mandal, Mitigation Specialist for the Legal Aid Society. "These reforms will allow people to reclaim their dignity as we shift from a punitive criminal justice model to a much needed holistic public health model. Now it is time to see this reform through by empowering formerly incarcerated individuals with comprehensive re-entry planning."

Governor Paterson will be marking the milestone at an event at 10 a.m. at the Brooklyn Court House, 320 Jay St., Room 283. In addition to the Governor, two drug court graduates will speak at the event.

###

The Texas district attorney accused of participating in an egregious asset forfeiture scheme in the East Texas town of Tenaha now wants to use the very cash seized to pay for her legal defense in a federal civil rights lawsuit filed by victims of the practice. The ACLU of Texas, which, along with the national ACLU, is representing the plaintiffs in the case, filed a brief last Friday with the Texas Attorney General's office seeking to block her from doing so.

Lynda Russell is the district attorney in Shelby County, where Tenaha is located. She is accused of participating in a scheme where Tenaha police pulled over mostly African-American motorists without cause, asked them if they were carrying cash, and if they were, threaten them with being immediately jailed for money laundering or other serious crimes unless they signed over their money to authorities.

Representing a number of victims, attorneys from the ACLU of Texas and the ACLU Racial Justice Project filed a civil lawsuit in federal court in June 2008. According to the suit, more than 140 people, almost all of whom were African-American, turned over their assets to police without cause and under duress between June 2006 and June 2008. If a federal judge agrees that assets were in fact illegally seized, they should be returned to their rightful owners, whose civil rights were violated.

In one case, a mixed race couple, Jennifer Boatwright and Ronald Henderson, were stopped by a Tenaha police officer in April 2007. According to the lawsuit, they were stopped without cause, detained for some time without cause, and asked if they were carrying any cash. When they admitted they had slightly more than $6,000, a district attorney's investigator then seized it, threatening them with arrest for money laundering and the loss of their children if they refused to sign off. There was never any evidence they had committed a crime, and they were never charged with a crime.

The town mayor, the DA, the DA's investigator, the town marshal, and a town constable are all named in the lawsuit. While they claim to have acted legally under Texas asset forfeiture law, the lawsuit argues that "although they were taken under color of state law, their actions constitute abuse of authority." The suit argues that the racially discriminatory pattern of stops and searches violated both the Fourth Amendment proscription of warrantless searches and the Fourteenth Amendment's due process clause.

While either the county or the state would normally be expected to pony up for the DA's legal expenses for a lawsuit filed as a result of her performance of her duties, neither has done so. That's why Russell—with a tin ear for irony—requested that she be allowed to use the allegedly illegally seized money stolen from motorists. She has asked the state attorney general's office for an opinion on whether using the funds for her defense violates the state's asset forfeiture law.

"It would be completely inappropriate for the district attorney to use assets which are the very subject of litigation charging her with participating in allegedly illegal activity to defend herself against these charges," said Lisa Graybill, legal director at the ACLU of Texas. "Texas has a long history of having its law enforcement officials unconstitutionally target racial minorities in the flawed and failed war on drugs and it is of paramount importance that those officials be held accountable."

"The government must account for the misconduct of officials who operate in its name," said Vanita Gupta, staff attorney with the ACLU Racial Justice Program, who represented African-American residents of Tulia, TX in high-profile litigation challenging their wrongful convictions on drug charges. "The state of Texas has seen egregious examples of racial profiling that result from poor oversight of criminal justice officials."

The ACLU of Texas is using the Tenaha case to push for asset forfeiture reform in the Lone Star State. One such bill stalled in the state legislature this year. "The misuse of asset forfeiture laws by local officials is exacerbated by inadequate oversight," said Matt Simpson, policy strategist for the group. "The legislature must squarely address these reported civil rights violations via reform of forfeiture laws that strengthen protection against unconstitutional conduct and racial profiling."

Daily marijuana legalization protests in the Central Square in Keene, New Hampshire, led to one arrest Saturday for marijuana possession and one Sunday -- but the victim in that arrest was later fo

Riding a wave of enthusiasm about increasing prospects for marijuana law reform, hundreds of people poured into the Grand Hyatt Hotel in downtown San Francisco last Thursday for the 38th annual nat

Three weeks ago, Drug War Chronicle reported on cocaine cut with the veterinary agent lev

Daily marijuana legalization protests in the Central Square in Keene, New Hampshire, led to one arrest Saturday for marijuana possession and one Sunday—but the victim in that arrest was later found to be smoking chocolate mint in his glass pipe and released without charges. The demonstrations began last Tuesday with a couple of dozen people gathering at 4:20 p.m. to toke up as an act of civil disobedience and call for marijuana law reform. After Saturday's arrest, the protests continued, with about 100 people showing up Monday. By Tuesday, the protests had spread to Manchester.

The protests are being led by Free Keene, a local affiliate of the libertarian New Hampshire Free State Project. The project's stated goal is to persuade 20,000 libertarians to move to New Hampshire in a bid to shift the politics of the low-population Granite State.

Arrested Saturday was Richard Paul, 40, one of the protest organizers. Paul was arrested after police patrolling the square saw him smoking a joint. Protestors shouted at police, yelling "Leave him alone!" and "This is how they did it in Nazi Germany!"

After the arrest, about 50 protestors followed Paul and police officers to the police station, where they shouted through the door and sat in a circle smoking marijuana. No more arrests were forthcoming, though.

To confuse police at the protests at the square, some smokers smoked things other than marijuana. That was the case Sunday, when police arrested a protester identified only as "Earl" for puffing on a glass pipe.
Embarrassingly for police, that substance turned out to be not marijuana but chocolate mint, and Earl was quickly released.

Protests continued this week in Keene and have now spread to Manchester. In the latter town, protestors sparked up in the presence of police, but failed to provoke any arrests.

Perhaps the cops have better things to do. And that's precisely the point.

Facing a $5 million budget deficit, the Minneapolis Police Department responded Monday by