State & Local Executive Branches
Marijuana: No More Possession Prosecutions in Seattle, New City Attorney Says
Seattle's new city attorney has better things to do than prosecute pot smokers, he said January
Medical Marijuana: Corzine Signs Bill, Making New Jersey the 14th State
Outgoing New Jersey Gov.
Feature: South Dakota Medical Marijuana Campaigners Set to Hand in Signatures for November Initiative
In 2006, voters in South Dakota become the first -- and the only -- in the nation to reject a state initiative legalizing medical marijuana, defeating it by a margin of 52% to 48%.
Feature: New Jersey Legislature Passes Medical Marijuana Bill, State to Become 14th to Okay Medical Marijuana (Plus DC)
New Jersey Legislature Passes Medical Marijuana Bill, Set to Become 14th Medical Marijuana State (Plus DC)
Posted in Chronicle Blog by Phillip Smith on Mon, 01/11/2010 - 8:41pmNew Jersey is set to become the 14th state to legalize the medicinal use of marijuana after the state Assembly Monday approved the Compassionate Use Medical Marijuana Act" by a vote of 46-14. Later Monday evening, the state Senate, which had already approved its version of the measure, voted final approval by a margin of 25-13. Outgoing Gov. Jon Corzine (D) has said he will sign the bill.
The Assembly debated the bill for half an hour Monday afternoon before approving it. The debate took place before galleries backed with bill supporters and opponents. It was a similar scene in the Senate a few hours later.
"It does not make sense for many of New Jersey's residents to suffer when there is a viable way to ease their pain," said Assemblyman Reed Gusciora (D-Mercer), one of the sponsors of the bill. "Medical marijuana can alleviate a lot of suffering, and there is no evidence that legalizing it for medical use increases overall drug use."
The bill will be one of the most restrictive in the nation. Patients diagnosed by their primary care physician as having a qualifying medical condition would be allowed to obtain—but not grow—medical marijuana through one of at least six "alternative treatment centers," or dispensaries. But patients would be able to register with only one dispensary at a time and would have to use the written recommendation within a month of when it was written.
Qualifying medical conditions include severe or chronic pain, severe nausea or vomiting or cachexia brought on by HIV/AIDS or cancer ("or the treatment thereof"), muscular dystrophy, inflammatory bowel diseases, and terminal illnesses where the patient has less than a year to live. Chronic pain was removed from the original bill in an Assembly committee vote last summer, but reinserted last week when the Assembly approved an amendment by Assemblyman Gusciora.
Patients could possess up to two ounces and be prescribed up to two ounces per month. That is an increase from the one ounce possession limit in earlier versions of the bill. Patients would be able to name a caregiver, courier, or delivery option to pick up medicine at the dispensary and deliver it to them.
"This will be the strictest medical marijuana law in the nation," Gusciora said at a statehouse press conference Monday. "We have a good bill that will be very strict and will not decriminalize marijuana, but will allow doctors to prescribe the best treatment for their patients."
Roseanne Scotti, director of the Drug Policy Alliance New Jersey office, who has lobbied tirelessly for passage of a medical marijuana bill, agreed that the final Garden State bill is very tight, but said it was a start. "There will be some patients who will be able to get some relief," she said. "We think once the program's up and running and people see that there aren't problems, we'll be able to go back and get in some more of our patients."
Also at the press conference were patients Diane Riportella and Mike Oliveri. Riportella was diagnosed with Lu Gerhrig's Disease in 2007 and given no more than five years to live. Oliveri suffers from muscular dystrophy.
"I'm so excited to be able to be alive and to be here for this moment," said Riportella, 53, of Egg Harbor Township. "Within a few seconds, I'm relaxed and I'm smiling and I go to Disneyland just for a few minutes and say 'It's not so bad, I can live another day,'" Riportella said.
Oliveri, 25, said he moved from his New Jersey home to California in order to be able to legally access medical marijuana. He said he vaporizes about an ounce a week to ease the pain in his legs and back and calm his digestive tract and that he had used it illegally before leaving for the West Coast. "I took every medication known to man before I took weed," said Oliveri, 25. "I knew it was a risk …but it was a life or death matter."
The bill was supported by organizations including the New Jersey State Nurses Association, the New Jersey Academy of Family Physicians, the New Jersey Hospice and Palliative Care Organization, the New Jersey League for Nursing, the American Civil Liberties Union of New Jersey and the New Jersey chapters of the Leukemia and Lymphoma Society.
Special credit goes to the Coalition for Medical Marijuana--New Jersey, the patients' and advocates' group that has fought for years to get the bill over the top.
New Jersey will now join Alaska, California, Colorado, Hawaii, Maine, Montana, Michigan, Nevada, New Mexico, Oregon, Rhode Island, Vermont, and Washington in the list of medical marijuana states. That list also includes the District of Columbia.
New Jersey Assembly Approves Medical Marijuana Bill, One More Vote in the Senate This Afternoon
Posted in Chronicle Blog by Phillip Smith on Mon, 01/11/2010 - 4:56pmOn the last day of the legislative session, the New Jersey Assembly has approved the state's medical marijuana bill, the Compassionate Use Act, on a vote of 48-14.
The state Senate will vote on it later today.
Outgoing Gov. Jon Corzine (D) has said he will sign it.
Look for a feature post on this once the Senate votes.
Feature: New York Post's Attack on "Heroin How-to" Harm Reduction Pamphlet Fails to Get It Dropped
Sentencing: New Jersey Legislature Rolls Back Mandatory Minimums, Governor Will Sign Bill Into Law
With a 46-30 vote Thursday, the New Jersey Assembly gave final approval to a bill that will end mandatory minimum sentences for some "drug free zone" drug offenses.
Latin America: Mexico Drug War Update
by Bernd Debusmann, Jr.
[Editor's note: Bernd went on holiday Sunday; look for the rest of this week's Mexico news in the next issue of Drug War Chronicle.]
Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 16,000 people, with a death toll of over 7,000 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:
Friday , December 18
An assistant soccer coach of Mexico's first division team Indios was killed in Ciudad Juarez. Pedro Picasso, 34, was found dead in a cell phone store along with another unidentified person.
Saturday , December 19
In Nuevo Leon, a high ranking Gulf Cartel member nicknamed "The Korean" was killed, along with five others, after a gun battle with army personnel. Two of the dead were municipal police under the employ of the drug traffickers. The army also seized 616 kilos of marijuana and several weapons, including two assault rifles, from the men.
Additionally, in Sonora, a federal police official in charge of combating retail drug distribution was gunned down in Nogales, and six bodies were found in Puerto Penasco. In other violence across Mexico, four people were killed in Durango, four in Baja California, two in Puebla, and one in Aguas Calientes.
In Ciudad Juarez, four policemen were killed after a series of attacks on patrol cars across the city. In one of the attacks, two brothers who worked for different police agencies but were patrolling together were killed. Two other policemen were wounded in the shootings.
Tuesday , December 22
The family of naval commando Ensign Melquisedet Angulo Cordova, who was killed in the raid that led to the death of drug lord Arturo Beltran-Leyva, was executed in their hometown of Villahermosa. Just hours after the family had returned from an elaborate state funeral for Ensign Argulo, gunmen burst into their home, killing his mother, sister, aunt and brother. Another sister was wounded in the attack.
The following day, four people were arrested in connection with the murders. Two are accused of paying the hitmen, while the other two are accused of acting as lookouts. All four are accused of being members of the Zetas organization, which is allied to the Beltran-Leyva cartel.
In Coahuila, gunmen opened fire on a restaurant with the mayor of a US town inside. Chad Foster, mayor of Eagle Pass, Texas, was dining with Coahuila Attorney General Jesus Torres when gunmen sprayed the restaurant with gunfire. A woman standing outside was killed. Torres was quickly spirited away by security personnel and Foster returned to the US on his own.
Thursday , December 24
In the state of Guerrero, ten bodies were found in two mass graves. Authorities found the bodies after being tipped by an anonymous phone call. Based on the state of the bodies, it appears that the bodies were killed and buried two months ago. Also in Guerrero, seven members of the Beltran-Leyva organization were arrested, including one man suspected in the killing and decapitation of military personnel.
In the town of Tulum, on Mexico's Caribbean coast, a journalist was killed by two gunmen on a motorcycle. Jose Alberto Velazquez Lopez, who owned a magazine and worked for a TV station, was driving to work when he was shot and lost control of his car. Two men were later taken into custody, but released because tests could not determine whether they had discharged firearms or not.
Saturday , December 26
In a 36-hour period, 10 people were killed across Sinaloa. Among the dead were two men who were found bound and executed with shots to the head, and a teenage boy who was killed when a group of gunmen opened fire on a group of people Christmas morning.
Total Body Count since last update: 321
Total Body Count for the Year: 7,598
Read the last Mexico Drug War Update here.
The Year on Drugs 2009: The Top Ten US Domestic Drug Policy Stories
As 2009 prepares to become history, we look back at the past year's domestic drug policy developments.
Medical Marijuana: Wisconsin Bill Gets Public Hearing
Prosecution: No More Crack Pipe Felonies for Houston
Beginning January 1, prosecutors in Harris County, Texas, will no longer file felony drug charges against people found with less than one one-hundredth of a gram of illegal drugs.
Feature: With Passage of Medical Marijuana Bill Pending, New Jersey Patient Faces 20 Years for Growing His Medicine
Update: Wilson was convicted of some charges Thursday, but not the most seriou
At the Statehouse: Sentencing, Drug Testing, Good Samaritan, Hemp, and SWAT Bills
As 2009 winds up, we present the last installment in our series of articles on drug reform in state legislatures.
Prosecution: No More Crack Pipe Felonies for Houston
Posted in Chronicle Blog by Phillip Smith on Wed, 12/09/2009 - 4:56pmProsecution: No More Crack Pipe Felonies for Houston
Beginning January 1, prosecutors in Harris County, Texas, will no longer file felony drug charges against people found with less than one one-hundreth of a gram of illegal drugs. Currently in Houston, people caught with trace amounts of drug or holding crack pipes with drug traces are routinely charged with felonies.
But under a new policy promulgated by Harris County District Attorney Pat Lykos, police are instructed to instead issue Class C misdemeanor tickets to people caught in possession of crack pipes or trace amounts of drugs. That means arrestees will face only a $500 fine, not the up to two years in state jail mandated by the felony charge.
The cops are not happy. “It ties the hands of the officers who are making crack pipe cases against burglars and thieves,” said Gary Blankinship, president of the Houston Police Officers' Union. “A crack pipe is not used for anything but smoking crack by a crack head. Crack heads, by and large, are also thieves and burglars. They're out there committing crimes,” he told the Houston Chronicle.
But Lykos told the Chronicle there were good reasons to change the policy. Less than one-hundreth of a gram of a drug is not enough for more than one drug test, and defense attorneys often want to run their own tests, she said.
Medical Marijuana: In Slap to DA, Jury Acquits San Diego Medical Marijuana Dispensary Operator
In a blow to hard-line San Diego County District Attorney Bonnie Dumanis, who has yet to find a medical marijuana dispensary she considers legal and who has coordinated a series of raids on dispens
Law Enforcement: Utah "Meth Cops" Lose Out on Health Claims
More than 50 Utah law enforcement officers have filed workers compensation claims over ailments they believe were caused by exposure to methamphetamine labs, but none have been approved, and most h
Law Enforcement: Federal Judge Slams NYPD for Widespread Lying in Drug Cases
Medical Marijuana: San Diego Dispensary Operator Found Not Guilty
Posted in Chronicle Blog by Phillip Smith on Wed, 12/02/2009 - 3:42amIn a blow to hard-line San Diego County District Attorney Bonnie Dumanis, who has yet to find a medical marijuana dispensary she considers legal and who has coordinated a series of raids on dispensaries in recent years, a jury in San Diego Tuesday acquitted the manager of a local dispensary of marijuana possession and distribution charges.
Jovan Jackson, 31, a Navy veteran, cried as the not guilty verdicts were read. He was, however, convicted on possession of Ecstasy and Xanax, small quantities of which were found in his home during an August 2008 raid.
Still, Jackson expressed relief outside the courthouse. "I was very thankful," Jackson said. "This has been a long road. It hasn't been easy. I felt like a lot of weight was on my shoulders."
Jackson's was the first medical marijuana case to go to trial since a series of Dumanis-orchestrated raids on dispensaries in September that resulted in 31 arrests and the closing of 14 San Diego-area dispensaries. Dumanis led other mass raids in 2006 and in February of this year.
Jackson operated the Answerdam Alternative Care Collective, which was twice approached by undercover officers who had fraudulently obtained medical marijuana recommendations. Since the narcs had proper documentation under California law, and once they joined the collective by paying a $20 fee, Jackson let them purchase medical marijuana.
Prosecutors presented evidence of $150,000 in credit card receipts and five pounds of marijuana seized during raids at the dispensary as evidence that, "This case is about making money, plain and simple," as Deputy District Attorney Chris Lindberg put it to the jury.
But a large-scale operation is not out of line for a collective that boasted 1,649 members, as defense attorney K. Lance Rogers told the jury. He also reminded jurors that the narcs had signed up for the collective under false pretenses and that state law allows medical marijuana patients to legally buy marijuana from a collective that grows it.
Jurors agreed, acquitting Jackson on the marijuana charges. Jurors told reporters after the trial that they found Jackson innocent because the state laws regarding medical marijuana sales from collectives were vague.
"On a personal level, if you're going to hold somebody to a law, you have to define that law," said juror Perry Wright.
It's not the end for Jackson. He faces up to three years in prison on the Ecstasty and Xanax possession charges, although he will most likely receive probation. And he faces another round of marijuana distribution charges from a similar undercover buy made this year.
Given the verdict in this case, DA Dumanis might want to consider whether a re-run trial is worth the taxpayers' money and whether any of her pending dispensary prosecutions should go forward. But she probably won't.
Law Enforcement: Man Trying to Snuff Joint at Checkpoint Ends Up Dead; Attorney Accuses Police
Posted in Chronicle Blog by Phillip Smith on Mon, 11/30/2009 - 7:17pmA Worcester, Massachusetts, man who died after being taken into at a sobriety checkpoint near Andover last Wednesday as he tried to snuff out a marijuana joint was beaten by as many as 20 police officers, an attorney for his family said today. Kenneth Howe, 45, died at the Andover State Police Barracks when police noticed he "became unresponsive" during booking.
The official version of the story, promulgated to the local media by Essex County District Attorney's Office spokesman Steven O'Connell is that Howe, a passenger in a vehicle stopped at the checkpoint, made "furtive movement," then "jumped out of the vehicle, struck the trooper, and fled." After a brief chase on foot and an "ensuing struggle," Howe was handcuffed and charged with assault and battery on a police officer.
O'Connell said that Howe was taken to the Andover barracks, and, while being booked "slumped over and became unresponsive." He was taken to Lawrence General Hospital, where he was pronounced dead at 12:45 a.m. last
Thursday.
But today, attorney Francis King, hired by Howe's widow to represent her and her three young children, painted a starkly different picture of the events leading to Howe's death. Citing the testimony of the driver of the vehicle Howe was a passenger in, King said Howe was pulled out of the truck, beaten by police, and dragged before he collapsed next to a police cruiser. The driver has made a taped statement about what he saw that night, King said.
The "furtive movements" were Howe attempting to snuff out a marijuana joint and put on his seat belt, King said. A female state trooper approached the truck, and Howe held up his hands and tried to explain that all he had in his hand was the joint. The trooper then reached into the truck, pulled Howe out, and screamed that he had assaulted her, King continued.
"Our position is that he never assaulted her, "King said. Quite the contrary, se maintained: "It appears there were at least 10 to 20 officers all over the deceased, hands flailing." Howe was also "seen handcuffing and slumping to the ground, dragged over to the cruiser," she said.
The sobriety checkpoint was staffed by Massachusetts State Police, North Andover police and the Essex County Sheriff's Department. It was stopping every vehicle for a "threshold observation" to check for impaired drivers, a practice upheld by the US Supreme Court.
The Essex County District Attorney's Office is investigating, said O'Connell. An initial autopsy has been performed, but the cause of death has not been determined. Toxicology results are also pending. Police said they found one oxycodone tablet on Howe, for which he had a prescription.
“At this point, we’re confident the Essex County DA’s office is conducting a thorough investigation and that they are taking the case very seriously,” King said. “I think it’s only fair to allow the DA to conduct an investigation.”
You don't need a crystal ball to see the lawsuit waiting to be filed here. But that won't come until after the Essex County District Attorney's Office investigates and exonerates the officers involved.
