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Chronicle AM: Supreme Court Takes Up CO Legalization, DEA Can't Keep Track of Evidence, More... (2/19/16)

The Supreme Court will decide if the case against Colorado can go forward, Ohio pot legalizers call it quits for now, Detroit dispensaries are facing a crackdown, a New Jersey bill would criminalize pregnant women who use drugs, and more.

Where did the drugs go? (justice.gov)
Marijuana Policy

Supreme Court Hears Case Against Colorado Legalization Today. The nation's highest court is deciding whether to take up a challenge against the state's legal marijuana law from neighboring Nebraska and Oklahoma. The death of Justice Antonin Scalia last weekend could alter the balance. If the court splits conservative vs. liberal, that would mean a 4-4 vote on the case. In regular cases that would mean that lower court rulings would hold. But the Supreme Court has "original jurisdiction" when states sue each other, meaning that there are no lower court rulings, raising the question of what would happen next.

Ohio Legalization Initiative Campaign Calls It Quits. The group, Legalize Ohio 2016, says it has put its signature gathering drive on hold because it doesn't have any money. The group's political action committee, Ohioans to End Prohibition, had only $268 in the bank. The group has some 80,000 signatures, but needs more than 300,000 valid voter signatures to qualify for the ballot. It says it will instead concentrate on supporting the Marijuana Policy Project's medical marijuana initiative.

Medical Marijuana

Detroit Dispensary Boom Faces Looming Crackdown. The Motor City is now home to more than 200 dispensaries, but an ordinance that goes into effect March 1 is likely to put some of them out of business. The new ordinance insists that dispensaries must be at least a thousand feet from schools, parks, churches, libraries, and other dispensaries, and an unknown number are not going to be in compliance. Don't expect immediate raids, though; dispensary owners will have a chance to apply for licenses, and police said they would give dispensaries some time to comply before moving against them.

Asset Forfeiture

Illinois County Sued for Asset Forfeiture "Racketeering." Three people have filed a federal lawsuit against the Kane County Sheriff's Office alleging it is running a racketeering enterprise by stopping drivers, falsely arresting and searching them, and seizing their cash and cars for the benefit of the county. The suit also names three deputies, including one -- Sgt. Hain -- who is also employed by a private company, Desert Snow, that trains police to prolong traffic stops, conduct searches without warrants or consent, and aggressively seize assets. The plaintiffs allege they were stopped, searched, and had several thousand dollars in cash seized, and that they were booked into the county jail overnight, but never charged with a crime. They were released the next day. Police found no drugs or other suspicious items. The plaintiffs are seeking compensatory and punitive damages

Law Enforcement

Justice Department Inspector General Rips DEA Over Evidence Handling Procedures. The DEA isn't properly documenting, tracking, and relocating the drugs it seizes, compromising the security of the drugs and undermining their usefulness as evidence in court, the inspector general said in findings released Thursday. In nearly one out of every 10 cases, DEA could not even find the tracking documents that are supposed to account for the drugs. "Gaps in the formal documentation of the chain of custody for drug exhibits can compromise the security of the drugs and jeopardize the government's ability to use the evidence in court proceedings," the IG said. The IG also found that more than half of all seizures, DEA forms did not list the amount of drugs seized, making it impossible to know if they had been tampered with. The inspector general made nine recommendations in total to improve the oversight of DEA drug seizures, all of which the agency agreed to address.

New Jersey Bill Would Criminalize Drug Use By Pregnant Women. A trio of Democratic Assembly members have introduced Assembly Bill 774, which would make using drug while pregnant a felony crime. Advocates for pregnant women called the bill "blatantly discriminatory" and said it will deter pregnant women from seeking prenatal care and drug treatment. They also said it was aimed at poor women.

International

Report Criticizes Use of Private Contractors in Colombia Aerial Coca Fumigation. A new report from the United Kingdom's Swansea University analyzes the role of private contractors and finds their primary benefit to the governments involved -- Colombia and the US -- are "secrecy and lack of accountability." "The ineffective policy is of dubious legality, causes damage to people and the environment, and would, if carried out by US military forces, imply the direct involvement of the US in Colombia's civil war, thereby triggering the application of international law as it applies to armed conflict," the report found. Still, aerial fumigation achieved "strategic objectives" of the two governments by displacing rural populations from areas of insurgent influence.

Chronicle AM: Wichita "Decrim" Thrown Out, Argentina Will Shoot Down Drug Planes, More... (1/22/16)

The Kansas Supreme Court throws out Wichita's voter-approved "decrim" ordinance on a technicality, GOP committee chairs quash medical marijuana bills in Indiana, the DEA partnered with a TSA screener in a bid to seize cash from travelers, the Argentines want to shoot down drug planes, and more.

The DEA schemed to pay a TSA screener a cut for any cash he found in travelers' luggage. (tsa.gov)
Marijuana Policy

Key Vermont Politico Says No To Home Growing Marijuana. Senate Judiciary Committee Chairman Richard Sears (D-Bennington) said today he would advance a marijuana legalization bill if it has majority support in his committee, but that he does not support home cultivation.

Kansas Supreme Court Throws Out Wichita "Decrim" on a Technicality. The state's high court ruled that the initiative was invalid because it was improperly filed with the city clerk, but did not address arguments by the state that the ordinance conflicted with state marijuana laws. The Wichita ordinance lessened penalties for first offense possession to a $50 fine, but was not true decriminalization because that first offense would still be a criminal infraction.

Medical Marijuana

Indiana Medical Marijuana Bills Pronounced Dead. State Sen. Jean Leising (R-Oldenburg) said Thursday that medical marijuana bills in the state legislature would not got a hearing this year. "They are all dead," she said. "There just isn't the appetite in the Senate for approving any kind of medical marijuana, not with the current makeup of the (50-member) Senate. You need 26 votes, and they're just not there." Parents of children suffering from epilepsy had pleaded with lawmakers to act, to no avail.

Utah Governor Signals Support for Medical Marijuana. Gov. Bob Herbert (R) said Thursday that he is not familiar with two medical marijuana bills filed this session and that he doesn't want a "Dr. Feelgood" situation, but "if there's a medicine out there that will alleviate pain and conditions and health concerns for people, if there's a medicine out there that can do that, we ought to see if we can embrace it." He added that he would prefer that Congress legalize it federally rather than leaving it up to the states to act.

Law Enforcement

DEA Hired TSA Informant to Help Steal Money From Travelers' Luggage. The agency recruited a TSA security screener to alert agents to cash in luggage that the DEA could confiscate, an arrangement that "violated DEA policy," according to the Justice Department's Office of the Inspector General. The agency planned to pay the screener a cut of the cash he seized, but the Inspector General found that the screener never actually provided any actionable intelligence for seizures. Still, the DEA scheme "could have violated individuals' protection against unreasonable searches and seizures if it led to a subsequent DEA enforcement action," the OIG noted.

International

Argentina Approves Shooting Down Suspected Drug Planes. The new government of President Mauricio Macri continues to burnish its drug warrior credentials by announcing plans to begin shooting down suspected drug trafficking planes, a move the opposition called "the death penalty without trial." Macri has already decreed a "public security emergency" for a year to fight drug trafficking, which he said had led to "situation of collective danger."

Chronicle AM: CA Could Get $1 Billion a Year in Pot Taxes, Kosher MedMJ Comes to NY, More... (12/31/15)

Thar's gold in that there merry-ju-wanna, California finance officials say; Oregon recreational tokers start paying taxes next week, kosher medical marijuana comes to New York, the US surgeon general is planning a review of drug policies, and more.

Marijuana Policy

California Could Get $1 Billion a Year in Pot Taxes, Finance Department Says. The state stands to gain "from the high hundreds of millions to over $1 billion annually," according to the Department of Finance's analysis of the Adult Use of Marijuana Act, the "Sean Parker initiative," which looks to be the one that will go before voters in November. The state could also save about $100 million a year from "the reduction in state and local criminal justice costs" associated with marijuana prohibition, the report added.

Mississippi Legalization Initiative Comes Up Far Short. A DeSoto County woman's effort to get a legalization initiative, Ballot Initiative 48, on the November 2016 ballot has come to an end. Kelly Jacobs managed to gather only 13,320 valid voter signatures by this week's Tuesday deadline. She needed 107,000 to qualify. Jacobs had complained of unlawful denial of access to public buildings and being threatened by Ku Klux Klan members, among other improprieties. "The truth about Mississippi and marijuana is that Mississippians are too afraid of the police to change the law themselves by supporting a ballot initiative with their signatures of approval," Jacobs said.

Oregon Recreational Marijuana Sales Tax Goes Into Effect Next Week. Recreational pot smokers who have been enjoying tax-free marijuana from dispensaries in the state will have to start paying up beginning on January 4. On that date, a 25% sales tax for pot takes effect. Registered medical marijuana patients will not be affected. The tax could decrease at a later date.

Medical Marijuana

New Yorkers Can Get Kosher Medical Marijuana. Vireo Health, a provider of non-smokable medical marijuana products, has been certified kosher by the Orthodox Union. The Union said it awarded the certificate after inspecting the company's facilities to ensure that the marijuana was being grown and processed according to kosher standards. Vireo said it was the first time a medical marijuana producer had been certified as kosher.

Drug Policy

US Surgeon General to Review Drug Policies. According to a Federal Register notice published Thursday, the US surgeon general is preparing a report "presenting the state of the science on substance abuse, addiction, and health. The review will cover both illegal drugs and legal substances, such as alcohol and tobacco. The report will be broad in scope, covering prevention, treatment, and recovery; social, economic, and health consequences of substance use; the state of health care access; and "ethical, legal and policy issues; and potential future directions."

Law Enforcement

Appeals Court Agrees to Hear Case of Texas Trucking Company Suing DEA. The 5th US Circuit Court of Appeals in New Orleans will hear oral arguments in the case of Craig Patty in February. Patty owns a trucking company. The DEA used one of his trucks without his permission in a drug cartel sting that resulted in a shootout in Houston leaving an informant dead and leaving Patty's truck bullet-riddled. Patty filed suit, seeking payment from the DEA for fixing the truck and for the temporary loss of its use, as well as damages for emotional turmoil to Patty, who feared the Zetas cartel could come after him. A federal circuit court judge ruled earlier in the DEA's favor.

International

Another Malaysian Faces Death Sentence for Marijuana Trafficking. A 35-year-old Malaysian man has been charged with trafficking 15 pounds of marijuana, which, under the country's Dangerous Drug Act of 1952, carries a mandatory death sentence. The defendant, S. Gunalan, had no legal representation during his initial hearing.

Chronicle AM: DOJ Suspends Asset Forfeiture Progam, Syrians Flee ISIS for Lebanon's Hash Trade, More (12/23/15)

Two federal agencies make drug policy-related announcements, Syrians are fleeing the ISIS caliphate to work in the hash fields of Lebanon, and more.

Lebanese hash field (cannabisculture.com)
Medical Marijuana

DEA Eases Requirements for Natural Marijuana-Derived Research. The DEA today eased some restrictions on research evaluating cannabidiol (CBD) for medicinal use. The changes will relax some requirements imposed by the Controlled Substances Act on use of CBD in specific US Food and Drug Administration-approved research protocols. The changes are in effect immediately.

New Hampshire to Begin Issuing Medical Marijuana ID Cards. State officials said today that they will begin issuing ID cards to registered medical marijuana patients beginning Monday. While dispensaries in the state won't open until the spring, people with the ID cards will be able to buy medical marijuana in neighboring states that have reciprocity.

Asset Forfeiture

Justice Department Suspends Asset Forfeiture Equitable Sharing Program. The Justice Department released a memorandum Monday notifying law enforcement agencies that it is temporarily suspending the equitable sharing program asset forfeiture funds because of tight budgets. This means law enforcement agencies will no longer get a share of federal funds confiscated through civil asset forfeiture, and that means law enforcement agencies have lost a considerable financial incentive to turn drug busts over to the feds. Many state laws require seized funds to be allocated to the general fund or education funds, and law enforcement agencies used the federal equitable sharing program to get around those laws. Under the federal program, the local seizing agency got 80% of the haul.

International

Syrians Flee ISIS to Harvest Hash in Lebanon. Refugees from Raqqa, the capital of the ISIS caliphate, are fleeing across the border to Lebanon, where they can get work in that country's booming cannabis trade. Their work in the trade places them in danger of retribution from the jihadists if they return home, they said. "If Islamic State back home knew we work with hashish, they would cut us" with knives, said one refugee.

Chronicle AM: Obama to Free 93 Drug War Prisoners, Budget Deal Includes Drug Reforms, More (12/18/15)

The omnibus budget bill approved by Congress today includes several drug policy provisions, the president commutes the sentences of 93 drug war prisoners, Iranian parliamentarians move to end the death penalty for non-violent drug smuggling offenses, and more.

There will be a bit less overcrowding in federal prisons next spring. (nadcp.org)
Marijuana Policy

US Postal Service Doubles Down on Marijuana Advertising Mailing Ban. What started as a one-off letter to a small Washington state newspaper has now become official USPS policy nationwide. The agency's general counsel has penned a new letter directing postal carriers across the country to report marijuana ads to law enforcement, and now, Oregon federal representatives are trying to get to the bottom of it. "We are working as a delegation to quickly find the best option to address this agency's intransigence," said Sens. Ron Wyden and Jeff Merkley and Reps. Suzanne Bonamici and Earl Blumenauer in a statement. "We want federal authorities to respect decisions made by law-abiding Oregonians and small business owners in the state. Unfortunately, the outdated federal approach to marijuana as described in the response from the Postal Service undermines and threatens news publications that choose to accept advertising from legal marijuana business in Oregon and other states where voters have also freely decided to legalize marijuana."

Oregon Indian Tribe Votes to Approve Marijuana. Members of the Confederated Tribes of Warm Springs overwhelmingly approved a referendum that would allow for the growing, processing, and selling of marijuana. The referendum passed with 86% of the vote.

Medical Marijuana

Florida Supreme Court Okays Medical Marijuana Initiative Language. The state's high court determined that the initiative is limited to a single subject and its ballot wording informs voters fairly. That means if supporters collect enough valid voter signatures, the measure will appear on the November 2016 ballot.

Congress Passes Budget Bill That Bars DOJ From Interfering in Medical Marijuana States. The omnibus spending bill approved by Congress this morning includes several drug reform provisions, although reformers didn't get everything they wanted. The bill includes language blocking the Justice Department and DEA from spending money to interfere with state medical marijuana laws or hemp research projects and it also lifts a freeze on federal funding for needle exchange programs. But Congress failed to approve amendments to allow banks to provide financial services to marijuana businesses or to allow veterans to have access to medical marijuana, despite the Senate having approved both. And the Congress again included provisions that block Washington, DC, from taxing and regulating marijuana.

Hemp

Key Hemp Provision Added to the Omnibus Appropriations Act of 2016. The budget bill that passed Congress today protects the transportation, processing, and sale of hemp that is from Farm Bill-compliant pilot programs. The provision was added to the bill by Senate Majority Leader Mitch McConnell (R-KY).

Harm Reduction

Congress Passes Budget Bill That Includes End to Ban on Federal Needle Exchange Funds. The omnibus spending bill approved by Congress this morning lifts a freeze on federal funding for needle exchange programs. The ban had been put in place in the midst of drug war and AIDS hysteria in 1988 and was repealed in 2009, when Democrats controlled both chambers, but reinstated by congressional Republicans after they regained control of the House in 2011.Since then, outbreaks of HIV and Hepatitis C in southwestern Indiana and the impact of rising heroin use in states like Kentucky and West Virginia have weakened Republican opposition to restoring the funding.

Sentencing

Obama Commutes Sentences for Nearly a Hundred Federal Drug Prisoners. President Obama today commuted the federal prison sentences of 95 men and women, all but two of them drug offenders serving draconian sentences. He also issued pardons for two people who have already served their sentences. This single step nearly doubles the number of sentence commutations the president has issued in his seven years in office, bringing the total to 184. While that is a tiny fraction of the hundred thousand drug offenders serving federal time, the number of commutations is more than the previous five presidents combined.

International

Move to End Death Penalty for Drug Smuggling in Iran. At least 70 members of the Iranian parliament are supporting an effort to end the death penalty in nonviolent drug smuggling cases. The country is most likely the world's leading drugs executioner, with one UN official estimating that it will hang a thousand people for drug crimes this year. Lawmakers are preparing a bill to present to the parliament.

Spending Bill Just Passed By Congress Includes Important Drug Reforms

The omnibus spending bill approved by Congress this morning includes several drug reform provisions, although reformers didn't get everything they wanted. The bill includes language blocking the Justice Department and DEA from spending money to interfere with state medical marijuana laws or hemp research projects, and it also softens a freeze on federal funding for needle exchange programs.

But Congress failed to approve amendments to allow banks to provide financial services to marijuana businesses or to allow veterans to have access to medical marijuana, despite the Senate having approved both. And the Congress again included provisions that block Washington, DC, from taxing and regulating marijuana.

The language blocking the Justice Department from going after medical marijuana where it is legal also came in the form of an amendment from Rep. Dana Rohrabacher (R-CA) and Rep. Sam Farr (D-CA), which was passed last year, but had to be renewed this year. In the Senate, Sen. Barbara Mikulski (D-MD) sponsored the amendment.

Drug and criminal justice reformers welcomed the progress on Capitol Hill.

"The renewal of this amendment should bring relief for medical marijuana patients and business owners," said Michael Collins, Deputy Director of National Affairs for the Drug Policy Alliance. "For decades Congress has been responsible for passing disastrous drug laws. It's encouraging to see them starting to roll back the war on drugs by allowing states to set their own medical marijuana policies."

"Patients who benefit from medical marijuana should not be treated like dangerous criminals, and the businesses that support them need to be protected from the old drug war mentality that still runs deep within the DEA," said Major Neill Franklin (Ret.), executive director for Law Enforcement Against Prohibition (LEAP), a group of criminal justice professionals working to end the drug war. "It's very encouraging to see such widespread support for protecting state's rights and the rights of patients."

Reformers also cheered the softening of a ban on states and localities spending federal AIDS funds on needle exchange programs. The ban was put in place in the midst of drug war and AIDS hysteria in 1988, and repealed in 2009 when Democrats controlled both chambers of Congress, but reinstated by congressional Republicans after they regained control of the House in 2011.

Since then, outbreaks of HIV and Hepatitis C in southwestern Indiana and the impact of rising heroin use in states like Kentucky and West Virginia have weakened Republican opposition to restoring the funding, but not completely. There is still a ban on federal funding of syringes for the programs, but funds can be used for other program expenses such as staff, if a local or state authority has issued an emergency finding.

"Syringe access programs are a sound public health intervention, rooted in science, and proven to drastically reduce the spread of HIV and hepatitis C," said DPA's Collins. "Lifting this archaic ban will save thousands of lives."

"Needle exchange is a public health and safety necessity," said retired corrections officer, substance abuse counselor, and LEAP speaker, Patrick Heintz. "This new law will not only protect those who use drugs from disease, but it will help prevent other innocent victims who come into intimate contact with people who use IV drugs that have been forced for so long to share contaminated needles."

Needle exchange programs are proven to reduce the spread of HIV, Hep C, and other blood-borne diseases and are supported by every major medical and public health organization, including the American Medical Association, the National Academy of Sciences, American Academy of Pediatrics, American Bar Association, and US Conference of Mayors, as well as UNICEF, the World Bank, and the International Red Cross-Red Crescent Society.

Washington, DC
United States

Chronicle AM: Ireland to Allow SIF, Congress Renews DEA Funding Ban in MedMJ States, More (12/16/15)

Congress continues to block DEA harassment in medical marijuana states, Washington state could see a lot more pot shops, it looks like Florida will vote again on medical marijuana, Ireland is moving toward setting up a supervised injection site in Dublin, and more.

A supervised injection site is coming to Dublin next year. (vch.ca)
Marijuana Policy

Congress to Continue Blocking DEA Interference With Medical Marijuana States. Lawmakers have extended a ban on funding for the DEA and Justice Department to go after medical marijuana in states where it is legal. They also extended protections for hemp research, but failed to include provisions that would have allowed pot businesses to use the financial system and would have allowed Veterans Administration doctors to recommend medical marijuana.

Washington Could Allow Lots More Marijuana Stores. The Washington State Liquor and Cannabis Board (WSLCB) today heard a staff recommendation to increase the number of retail marijuana outlets from 334 to 556. The move is expected to be finalized in emergency rules to be announced January 6.

Medical Marijuana

Florida Medical Marijuana Initiative Already Has 900,000 Signatures. The United for Care initiative campaign says it already has 900,000 signatures, but is aiming for more than one million. These are raw signatures. The initiative will need 683,149 valid voter signatures to qualify for the 2016 ballot. A similar initiative won 58% of the vote last year, but failed because, as a constitutional amendment, it needed 60% to pass.

Illinois to Consider Adding New Qualifying Conditions. State residents hoping to add a new disease or medical condition to the state's list of qualifying conditions will be able to do so during the month of January, state health officials said Wednesday. They can submit petitions to the state Department of Public Health through January 31.

Methamphetamine

Indiana Legislators Compete Over How to Restrict Access to Cold Medications. Faced with a bill that would require a doctor's prescription to obtain cold medications containing pseudoephedrine, two lawmakers have come up with an alternative measure that would instead allow pharmacists to decide whether or not customers could buy the cold medications.

Drug Treatment

Most People in Treatment for Marijuana Are Sent There By Courts. A report this month from the US Department of Health and Human Services finds that between 2003 and 2013 52% of people in drug treatment for marijuana were referred by the criminal justice system. Only 18% were in treatment because they sought it themselves.

International

Irish Cabinet Approves Supervised Injection Site in Dublin. The cabinet has approved a pilot plan for a medically supervised injection facility in the nation's capital. The move came yesterday and was at the behest of Aodhan O'Riordain, the minister in charge of the National Drug Strategy. The country's drug law must first be amended to allow for such facilities, which should happen early next year.

Chronicle AM: Mexico Issues First Pot Permits, DOJ Wants More $$$ for Asset Forfeiture, More (12/11/15)

A legalization initiative dies in Florida, but another is born in Montana; the Justice Department proposes funding increases for asset forfeiture programs, Mexico issues the first permits allowing people to grow and possess marijuana, and more.

!Viva Mexico!
Marijuana Policy

Florida Legalization Initiative Gives Up. Marijuana legalization will not be on the Florida ballot next year. Regulate Florida, which was the group behind the campaign, conceded Wednesday that it would not be able to gather the 683,000 needed signatures by the February deadline. They may try again in 2018, the group said.

Montana Legalization Initiative Approved for Signature Gathering. Secretary of State Linda McCulloch (D) Thursday approved the language of Initiative 178, which would legalize pot for people 21 and over, subject to licensing requirements and state regulations. Petitioners need 24,175 valid voter signatures, including at least 5% of registered voters in each of the state's 343 House districts.

St. Petersburg Ponders Decriminalization. St. Petersburg city council members Thursday asked Pinellas County commissioners to decriminalize small-time pot possession. Council members said that if the county doesn't act, they will draft their own municipal decriminalization proposal. In the past year, local decriminalization has taken off in Florida, with Miami-Dade, Broward, and Palm Beach counties, as well as several municipalities in those counties, adopting similar ordinances.

Asset Forfeiture

Justice Department Wants Even More Money for Asset Forfeiture Programs. American law enforcement is seizing property from citizens at a record rate, but that's apparently not good enough for the Justice Department, which is seeking increased funding to support the asset forfeiture activities of the DEA and the Organized Crime Drug Enforcement Task Forces. The department wants $297.2 million to fund asset forfeiture in FY 2016, up $14 million over the previous year and up a whopping 146% since 2008. The entire federal drug control budget has increased by only 25% during that same period.

Drug Policy

Maine Legislature Caves in to Governor, Agrees to Hire More Drug Agents. Legislative leaders Wednesday unveiled a $4.8 million plan to fight the state's opiate use problem, with half of the funding going to law enforcement, including the hiring of 10 new state drug agents. Gov. Paul Le Page (R) had threatened to call in the National Guard today to fight drugs if the legislature didn't fund his demands. The other half of the money designated would go toward treatment, recovery, and education.

International

Mexico Issues First Permits to Grow and Use Marijuana. The Mexican government has awarded permits to four people that allow them to grow and possess marijuana for personal use. The move comes in the wake of last month's Supreme Court decision allowing the four to legally produce it for their own use. Both the court ruling and the permits were limited to the four people in the case, but could pave the way for similar court rulings across the country and, ultimately, pot legalization nationwide.

Danish Parliament Considers Medical Marijuana. The parliament today began debating a proposal to legalize marijuana for medical use. The bill is sponsored by Alternativet, but has the support of other parties as well. Alternativet, Dansk Folkeparti, Liberal Alliance, Socialistisk Folkeparti, and Radikale all support the bill. Together, they have 88 votes in parliament, precisely the number needed for the measure to pass.

Police Took More From Citizens Than Burglars Did Last Year

This article was written in collaboration with AlterNet and first appeared here.

When you think about getting property stolen, you think about criminals, but maybe you should be thinking about the police. Law enforcement use of asset forfeiture laws to seize property -- often without a criminal conviction or even an arrest -- has gone through the roof in recent years, and now the cops are giving the criminals a run for their money -- and winning.

According to a new report on asset forfeiture from the Institute for Justice, police seized $4.5 billion in cash and property through civil forfeiture last year. That exceeds the $3.9 billion worth of property stolen in burglaries during the same period. The valuation of burglary proceeds is from the FBI's annual Uniform Crime Report.

Now, not every dollar seized by police is "stolen." Some of it is seized legitimately from real criminals who should pay for the damage their crimes cause. But in too many cases, property is seized from people who have not been convicted of anything, like Charles Clarke.

Clarke, a 24-year-old college student, was relieved of $11,000 in cash by federal agents at the Cincinnati/Northern Kentucky International Airport after a ticket agent reportedly told them he smelled like marijuana. They stopped and searched him at the airport, found no drugs or other banned items, and never charged him with a crime, but they took his money.

Clarke says the cash was money he had saved over five years for college tuition. A federal judge this month said he was inclined to believe Clarke and has ordered the feds to actually show he made the money from drug dealing, as they claimed.

Clarke may get his money back, but it is an uphill battle. Unlike criminal law, where prosecutors must prove the guilt of the defendant, under civil asset forfeiture law, the burden of proof falls on the person from whom the money or property was seized. The property owner must prove that the property was not the proceeds of crime. And he must pay attorneys to fight for him. And he may not win.

With police racking up billions in seizures each year, law enforcement itself begins to take on the appearance of a criminal enterprise. It's an enterprise with an ever-expanding appetite. According to Armstrong Economics, federal prosecutors seized an estimated $12.6 billion between 1989 and 2010, and the trend is upward. Federal asset forfeiture proceeds hovered at just under a billion dollars a year until 2007, doubled to two billion by 2009, and doubled again to over four billion in both 2013 and 2014.

Abuses of civil asset forfeiture have struck a chord with the public, and states are now beginning to pass laws banning or severely restricting civil asset forfeiture. Both New Mexico and Michigan did this year, and so did Wyoming, but that law fell victim to a governor's veto.

Likewise, the issue is again gaining attention in Congress, which passed minor asset forfeiture reforms after a similar outcry 15 years ago. There are at least two bills going after civil asset forfeiture in this Congress, including one from Sen. Rand Paul (R-KY) and a bipartisan bill that would bar the use of civil asset forfeiture funds by the DEA to eradicate marijuana.

But until federal legislation actually passes, it's still open season on the citizenry.

Chronicle AM: DEA Snitching Issues, Dutch Towns Want Regulated Marijuana Grows, More (11/30/15)

Marijuana Policy

Cherokee Chief Vetoes Marijuana Legalization Study Resolution. The principal chief of the Eastern Band of Cherokee Indians, Patrick Lambert, has vetoed a resolution authorizing a feasibility study to examine the "issues and impacts associated with the legalization of cannabis" on tribal lands. "I have stated my opposition to the recreational use of drugs many times, and this includes marijuana," Chief Lambert wrote in his veto letter to Tribal Council Chairman Bill Taylor. Tribal members supporting legalization, organized as Common Sense Cannabis, responded with a statement saying Lambert was misguided: "In Chief Lambert's veto letter, he solely focuses on the 'recreational' marijuana, in which we call personal use. He cites recreational drug use as the problem in our community. While he is right about drug use as a problem, it does not stem from cannabis use. The problem lies with legal prescription pills and other synthetics, such as meth and heroin." The group is calling for the veto to be overridden in a tribal council meeting this Thursday.

Medical Marijuana

Florida Approves Five Medical Marijuana Growers. The state Department of Health has named the five operations that will be allowed to grow high-CBD, low-THC marijuana. The state's law limits the use of oils derived from the plants to patients suffering from cancer or a disease that "chronically produces symptoms of seizures or severe and persistent muscle spasms that can be treated with low-THC cannabis."

New Hampshire Woman Wins Approval to Seek Medical Marijuana in Maine. A woman suffering from late-stage lung cancer can seek to buy medical marijuana in neighboring Maine, a judge ruled last Tuesday. Linda Horan, 64, said she could be dead by the time dispensaries open in New Hampshire, so she sued the state to get an ID card that would allow her to purchase it in Maine. The state had argued that issuing her an ID card would undermine its need to control distribution, but the judge wasn't buying that argument. "She is suffering from a painful, terminal disease and is also undergoing chemotherapy. There is no dispute that cannabis can ameliorate some of her suffering," wrote Judge Richard McNamara. "She will suffer irreparable harm if relief is not granted."

Law Enforcement

Justice Department Inspector General Slams DEA Snitch Practices. In its semiannual report to Congress, the DOJ's OIG criticized the DEA for failing to have guidelines for the use of "high-level and media-affiliated sources," failing to effectively review snitches' authorization to conduct "Otherwise Criminal Activity," and failing to review its continued use of long-term snitches. The report also noted that the DEA was at times uncooperative, including efforts to obstruct the OIG's reviews of snitch file reviews and long delays in providing requested information.

International

European Parliamentary Council Calls for Public Health-Oriented Drug Policy. The Parliamentary Assembly of the Council of Europe, in advance of next year's UN General Assembly Special Session (UNGASS) on Drugs, has called for a public health approach to drug policy. "The Committee on Social Affairs, Health and Sustainable Development of the Parliamentary Assembly of the Council of Europe stresses that the world drug problem constitutes a major public health threat, for both individual drug users and society as a whole… the committee strongly supports the call for a change in approach to drug policy and calls on member States to adopt and promote a public-health-oriented drug policy based on prevention, treatment and harm reduction. It also invites all participants of the UN General Assembly Special Session on the World Drug Problem to defend a new approach to drug policy, which should shift the emphasis from criminal justice to public health."

Dutch Localities Call for Regulated Marijuana Cultivation. The association of Dutch localities, VNG, has issued a new report calling for the government to regulate and license marijuana cultivation as a means of squeezing out smugglers and organized crime. The Dutch allow for the sale of small amounts of marijuana, but there is no legal provision for supplying the crop. 'The current situation cannot continue,' the report states. 'As local officials, we are experiencing major social problems… By turning a blind eye [to marijuana], the government is giving criminals free rein to sell their products. The cannabis industry is loosely entwined with organized crime, which is also involved in ecstasy and human trafficking," the report says.

Uttarkakhand to Become First Indian State to Allow Hemp Cultivation. The state government is now allowing farmers to grow hemp plants with less than 1.5% THC for industrial purposes. The crop can only be sold to the state government, not private buyers.

Drug War Issues

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