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Chronicle AM: DEA Settles Facebook Suit, WY Decrim Bill Advances, More (1/21/15)

The DEA will pay for using a woman's identity (and photos) to make a fake Facebook page, a Wyoming decrim bill is moving, Virginia is seeing CBD and medical marijuana bills, there's a hemp bill in Florida, the Vera Institute releases a report on New York sentencing reforms, and more. Let's get to it:

A faked Facebook page will cost the DEA $134,000. (
Marijuana Policy

Wyoming Decriminalization Bill Wins Committee Vote. The House Judiciary Committee has approved House Bill 29, which would decriminalize the possession of up to an ounce of pot. Fines would be $250 for less than a half ounce and $500 for more. The bill now awaits a House floor vote.

Medical Marijuana

Kettle Falls Five Defendant Seeks Dismissal in Federal Medical Marijuana Case. The widely watched case out of Washington state has been proceeding despite passage of the "cromnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."

Hawaii Health Department Takes Charges of Medical Marijuana Program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.

Virginia Legislature Sees CBD, Medical Marijuana Bills. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.

Washington State Law Banning Medical Marijuana Advertising Unconstitutional, Court Rules. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.


Florida Hemp Bill Filed. Rep. Michelle Rehwinkel-Vasalinda (D-Tallahassee) has introduced a bill that would legalize hemp production in the state. The bill is House Bill 363. Activists with the Florida Cannabis Action Network (CAN) are seeking a Senate sponsor.


Vera Institute of Justice Report on New York Sentencing Reforms. The report examines 2009 reforms to the Rockefeller drug laws that removed mandatory minimums for some drug offenses and expanded eligibility for treatment instead of incarceration. The report found a 35% percent increase in the rate of diversion to treatment; lower rates of re-arrest in such cases; which was associated with lower rates of rearrest, and fewer defendants sentenced to jail, time served, or "split sentence" -- a combination of jail and probation. However, most drug arrests still did not lead to diversion, and implementation varied widely across boroughs.

Law Enforcement

DEA Will Pay $134,000 to Woman It Used in Fake Facebook Page. The Justice Department has settled a civil suit brought against the DEA by a Watertown, New York, woman whose identity and photos were used by a DEA agent to create a fake Facebook page in her name to catch drug fugitives. Sondra Arquiett's phone had by seized by the Agenty Tim Sinnigen during a 2010 drug arrest, and the agent posed as her on Facebook without her consent. "The photographs used by Sinnigen included revealing and/or suggestive photographs of (Arquiett), including photographs of (her) in her bra and panties. Sinnigen also posted photographs of (Arquiett's) minor child and her minor niece to the Facebook page." The Justice Department will pay $134,000 to make this go away.


Vietnam Sentences Eight to Death for Heroin Trafficking. Eight people have been sentenced to die for trafficking 416 pounds of heroin in Vietnam. The trial in People's Court in Ho Binh province ended Monday. Six other defendants were sentenced to life in prison, and 17 others jailed for terms ranging from six to 20 years. Vietnam has some of the world's toughest drug laws.

Stratfor's Mexico Cartel Map. The private, Austin-based intelligence concern has released its latest map of Mexican cartel activity. Despite constant changes in the organized crime scene, Stratfor says, cartel activity remains based in three geographic locations: Sinaloa, Tamaulipas, and the Tierra Caliente in Michoacan and Guerrero. Click on the link for more.

Chronicle AM: NY Pot Legalization Bill, DEA Gathered Metadata, Indonesia Executions Reaction, More (1/19/15)

New York has a marijuana legalization bill, New Hampshire ponders a study of legalization, Rhode Island patients get a vapor lounge, the DEA has another means of surveilling Americans, Indonesia's resort to the death penalty for drugs stirs controversy, and more. Let's get to it:

The beach at Bali. Indonesia is a major tourist destination, but also has the death penalty for drug offenses. (
Marijuana Policy

New York Legalization Bill Filed. State Sen. Liz Krueger (D-Manhattan) has filed a bill to legalize marijuana. SO1747 would allow for the taxation and regulation of marijuana commerce. Notably, it also sets the age for legal marijuana use at 18, instead of the more common 21.

New Hampshire Hearing on Legalization Study Committee. A bill that would establish a study committee on marijuana legalization got a hearing today. The bill is HB 150.

Medical Marijuana

Florida Chooses Medical Marijuana Rulemakers. The state Office of Compassionate Use has selected a 12-member panel to craft rules for growing and distributing low-THC, high-CBD medical marijuana under a state law passed last year. The panel will meet during the first week of February to set up a regulatory structure for five nurseries that will be selected to grow, process, and distribute the medicine.

Rhode Island's First Vapor Lounge Opens. Rhode Island patients can now have a place where they can gather and enjoy their medicine together. The Elevated vapor lounge opened in Providence Saturday.

Asset Forfeiture

Colorado Bill Would End Civil Forfeiture. Freshman state Sen. Laura Woods (R-Arvada) has filed a bill that would stop police from seizing assets unless the owner is convicted of a crime. Senate Bill 2015-006 would end civil forfeiture without a conviction unless there is a settlement with all parties, including the owner, to agree to give up the property. Woods said the bill is an effort to block "policing for profit."

Law Enforcement

DEA Kept Secret Metadata Database. The DEA kept a secret database of telephone metadata -- entirely separate from the NSA program revealed by Edward Snowden -- covering calls between parties in the US and ones in other countries. The information, contained in a three-page,partially-redacted affidavit from a top DEA official, was revealed in a court filing last week in a case involving trade with Iran. The DEA used "administrative subpoenas" authorized under a federal drug trafficking statute to collect the data. The program was ended in 2013. Click on the link for much more detail.


Fury as Indonesia Executes Six Drug Traffickers, Including Five Foreigners. As promised by President Joko Widodo, Indonesia put to death six convicted drug traffickers Sunday, including citizens of Brazil, Malawi, Nigeria, the Netherlands, and Vietnam. Brazil and the Netherlands reacted angrily, with both countries recalling their ambassadors from Jakarta. Brazilin President Dilma Roussef said she was "distressed and outraged" after Indonesia ignored her last minute plea for clemency. "Using the death penalty, which is increasingly rejected by the international community, seriously affects relations between our countries," the Brazilian government said in a statement. The Dutch government called the executions "terribly sad" and emphasized that it remains opposed to the death penalty. But President Widodo defended the executions in a Facebook post: "The war against the drug mafia should not be half-hearted measures, because drugs have really ruined the good life of the drug users and their families," he said.

Justice Department Limits Seized Asset Sharing With State, Local Cops [FEATURE]

This article was published in collaboration with AlterNet.

Attorney General Eric Holder (
Attorney General Eric Holder this morning issued an order that will bar federal agencies from participating in "adoptions" of assets seized by state and local law enforcement agencies. "Adoptions" occur when state or local law enforcement agencies seize cash or properties under state laws, but then ask that a federal agency takes the seized property and forfeit it under federal law.

State and local law enforcement agencies routinely resort to "adoption" as a means of circumventing state laws that mandate seized assets go to designated programs, typically a state's general fund or education fund. When a seizure is "adopted" by the feds, the seizing agency gets to keep 80% of the proceeds, with the federal government getting the rest.

"With this new policy, effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons," Holder said in a statement. "This is the first step in a comprehensive review that we have launched of the federal asset forfeiture program. Asset forfeiture remains a critical law enforcement tool when used appropriately -- providing unique means to go after criminal and even terrorist organizations. This new policy will ensure that these authorities can continue to be used to take the profit out of crime and return assets to victims, while safeguarding civil liberties."

While much asset forfeiture activity is related to drug cases, they are not included in the list of exceptions to the new policy barring "adoptions." Those public safety exceptions include firearms, ammunition, explosives, and materials related to child pornography.

The new policy does not impact asset forfeitures conducted by federal law enforcement, nor does it bar state and local law enforcement from conducting civil asset forfeiture under state law.

"Policing for profit" just took a big hit. (
Under the Justice Department's Equitable Sharing asset forfeiture "adoption" program, state and local law enforcement has made more than 55,000 seizures of cash and property with a value of more than $3 billion since 2008.

Holder's move Friday is the boldest step to roll back sweeping police powers to seize goods and property since federal asset forfeiture began as tactic in the war on drugs in the 1980s. The Justice Department adopted the Equitable Sharing program in 1993.

Civil asset forfeiture -- the seizure of goods or property without having obtained a criminal conviction -- has come under increasing fire in recent years. Several asset forfeiture reform bills were filed in the last Congress, one has already been filed in the new Congress, and members from both parties are working jointly to draw up a bill to reform civil asset forfeiture.

The issue brought together libertarian-leaning groups like the Institute for Justice, which produced the highly critical study "Policing for Profit: The Abuse of Civil Asset Forfeiture," and left-leaning groups like the ACLU to press for reforms. They met with congressional staffers to seek changes last fall.

Just last Friday, a bipartisan group of legislators including Sen. Charles Grassley (R-IA) and Rep. John Conyers (D-MI) sent a letter to Holder calling on him to end the Equitable Sharing program.

Pressure mounted after a Washington Post investigative piece published in September found police had seized nearly $2.5 billion in cash from motorists without search warrants or indictments since September 11, 2001. In that investigation, the Post found that police routinely stopped drivers for minor traffic violations, then intimidated them into agreeing to warrantless searches and seized cash without evidence of criminal misconduct.

Rep. John Conyers (D-MI) is working on civil asset forfeiture reform legislation. (
Holder's move is likely to exacerbate already strained relations between the Obama administration and law enforcement agencies. Police groups have expressed unhappiness with remarks both Holder and Obama made about controversial police killings in Ferguson, Missouri, and New York City.

And now, the administration is in effect taking money out of their pockets. More than 7,500 of the nation's 18,000 state and local police departments and joint task forces have participated in the Equitable Sharing program. And hundreds of departments and sheriff's offices have seizure proceeds accounting for more than 20% of their budgets.

The move will also hurt federal agencies that have been "adopting" the seizures, particularly the DEA and ICE. Federal law enforcement has pocketed $800 million under Equitable Sharing seizures without arrests or convictions since 2001.

This is the second major asset forfeiture reform at the federal level. Spurred by reports of abuses of asset forfeiture in the late 1990s, Congress passed the Civil Asset Forfeiture Reform Act of 2000. That bill originally contained a provision "ending the sharing of seizure proceeds between local police and federal agencies," but it was removed in the face of fierce opposition from police and prosecutors.

Since 9/11, with calls by federal officials for state and local law enforcement to surveil the nation's highways looking not only for drugs, but now for terrorists, the program only expanded. It didn't help that the Justice Department and the Department of Homeland Security paid out millions to private companies to teach police officers aggressive highway interdiction techniques emphasizing the importance of seizing cash.

The Equitable Sharing program and the aggressive interdiction techniques created what lawmakers a decade-and-a-half ago called "a perverse incentive" for police to concentrate more on seizing cash than seizing drugs. Now, Holder has butchered the cash cow.

Washington, DC
United States

Chronicle AM: OR Marijuana Moves, No More UMass Snitches, Suboxone Bottlenecks, More (1/15/15)

Oregon marijuana regulators are going on a listening tour while consumers get organized, a Minnesota Indian reservation ponders producing medical marijuana, UMass ends its student snitch program, and more. Let's get to it:

This opiate maintenance drug could be in wider use. (
Marijuana Policy

Oregon Liquor Control Board on Pot Policy Listening Tour. The board, which is charged with regulating marijuana as well as liquor, has set the first two stops on its statewide listening tour designed to elicit public comment on proposed rules and regulations. The first two stops will be next Thursday in Baker and Pendleton. Click on the link for event details.

NORML Forms Portland Chapter to Lobby for Marijuana Consumer Interests. The National Organization for the Reform of Marijuana Laws (NORML) has formed a Portland, Oregon, chapter to lobby for the interests of pot smokers as the state begins drafting rules for legal marijuana there. The Portland chapter is headed by radio host and long-time marijuana activist "Radical" Russ Bellville. The group will push to ensure that pot smokers are "provided the same rights, privileges, and responsibilities as adult alcohol and tobacco consumers, whenever practical."

Medical Marijuana

Minnesota Indian Tribe Okays Study on Medical Marijuana, Hemp. The tribal council for the Red Lake Band of Chippewa Indians has approved a study what economic benefits could accrue to the tribe by allowing the production of medical marijuana and hemp. Tribal leaders weren't interested in recreational marijuana, but saw job growth and economic development opportunities in producing medical marijuana or hemp. The federal government cleared the way for Indian reservations to participate in marijuana business last month, but so far, only one tribe, the Pinole Pomos in Northern California, has announced plans to move forward.

Harm Reduction

Obstacles to Wider Use of Suboxone. The Washington Post has a nice piece on bureaucratic bottlenecks blocking the wider use of the opiate maintenance medication suboxone, which is safer than methadone. Only doctors who have been trained and approved by the DEA can prescribe it, and only to a limited number of patients. Click on the link for much more.

Law Enforcement

Supreme Court Hears Deportation Case Hinging on Whether a Sock is Drug Paraphernalia. The US Supreme Court Wednesday held a hearing in the case of Moones Mellouli, a legal permanent US resident, who was ordered deported after being caught with four Adderall pills and eventually accepting a deal to plead guilty to possession of drug paraphernalia -- the sock in which the pills were hidden. His is the fourth case in which the high court has looked at deportations for minor drug offenses; in the first three, the court ruled against the government. Given the incredulous tenor of the questions from the justices, it looks like the government may lose this one, too. Click on the link for more.

UMass Amherst Will Quit Using Student Snitches. The school's chancellor has ended its program allowing campus police to use students as confidential informants. The move comes after a student used as a snitch by campus cops died of a heroin overdose. Chancellor Kumble Subbaswamy said using students as snitches is "fundamentally inconsistent with our core values."

This Week's Corrupt Cops Stories

A high-ranking DEA agent in Mexico is in trouble, so is a former North Carolina SBI narc, an Alabama police officer and a West Virginia jail guard. Let's get to it:

In Washington, DC, the DEA's resident agent in charge in northeastern Mexico was arraigned last month on charges he took reimbursements for doing "favors" on behalf of unnamed Mexican nationals. Agent Leonardo Silva is accused of abusing his position by advising the State Department to cancel the US visa of a Mexican national at the behest of a friend. Silva allegedly falsely said the woman was a cocaine user and trafficker, and then bragged about it. He is also accused of taking nearly a hundred private plane trips that he didn't pay for or report, as well as taking a $3,000 payment for obtaining a job for the son of a US consulate worker. He is charged with fraud and making false statements.

In Charlotte, North Carolina, a former State Bureau of Investigation narcotics agent was arrested early last month on federal charges he was involved in a major cross-country marijuana trafficking conspiracy. Fredrick Tucker is accused of transporting more than a thousand of pounds of marijuana from California to North Carolina via South Dakota, where he now lives, in a conspiracy with his son Ryan. Tucker had resigned his SBI position "while under investigation for improprieties." He is now charged with conspiracy to traffic more than 50 kilos of marijuana and money laundering. He's in jail in Charlotte pending a March court date.

In Birmingham, Alabama, a Huntsville police officer was arrested last Tuesday on charges he conspired to make cocaine trafficking charges against a person go away. Officer Lewis Hall, 45, allegedly conspired with another person to pay another police officer $5,000 to claim a search he made that resulted in a drug trafficking arrest was unlawful. The officer who they hoped would help make the charges vanish instead turned them in. Hall faces charges of conspiracy, bribery, obstruction of justice, and making false statements to investigators.

In Exxon, West Virginia, a Western Regional Jail guard was arrested last Wednesday carrying 74 grams of marijuana. Preston Chase Thacker, 20, is charged with possession of a controlled substance with intent to distribute. It's not clear whether the weed was destined for the jail or not. 

Chronicle AM: NE Felony Pot Brownies, OK Pot Lawsuit Protest, Mexico Cop-Zeta Ties, More (12/26/14)

Some Nebraska counties are charging possession of marijuana brownies as a felony, Oklahoma activists will rally against the state's lawsuit against Colorado's marijuana law, San Diego closes more dispensaries, a new document reveals links between cartel gangsters and cops in Northern Mexico, and more. Let's get to it:

Kratom -- for adults only in Illinois starting next week. (
Marijuana Policy

Western Nebraska Counties Are Charging Possession of Some Marijuana Edibles as a Felony. Even though pot possession has been decriminalized in the state for decades, some counties near Colorado are now treating foods containing marijuana extracts as a Schedule I drug, possession of which is a felony punishable by up to five years in prison. Prosecutors in some Western counties say that pastries that contain actual marijuana will be treated like marijuana, but those containing concentrates will be treated as a Schedule I drug.

Nevada NAACP Leader Urges Legislators to Legalize It This Coming Session. Jeffrey Blanck, president of the Reno-Sparks chapter of the NAACP, has sent a letter to lawmakers urging them to legalize marijuana during the 2015 legislature. The Coalition to Regulate Marijuana Like Alcohol in Nevada already has a legalization initiative approved for the 2016 ballot. The legislature has the first 40 days of the session to approve the initiative; if it doesn't, it goes directly to the voters in 2016.

Oklahoma Activists to Protest Pot Lawsuit Against Colorado. Oklahoma marijuana legalization supporters have organized a protest against state Attorney General Scott Pruitt's decision to join Nebraska in suing Colorado to try to undo legalization there. Led by OK NORML and the Oklahoma Libertarian Party, activists have set up a Facebook invite to the January 8 rally. "Attorney General Scott Pruitt is suing Colorado for their marijuana laws," the page says. "This is a waste of taxpayer money and a clear violation of states' rights." Click on either link for more details.

Medical Marijuana

San Diego Officials Shut Down Five More Dispensaries. City Attorney Jan Goldsmith has shuttered five more unpermitted dispensaries ahead of the opening of the first permitted dispensaries early next year. Four are set to open then. More than 200 dispensaries have been shut down in the past four years under threat of legal action, but as many as 50 unpermitted dispensaries remain.


Kratom Will Be for Adults Only in Illinois Beginning Next Week. As of January 1, a new state law will limit the use and possession of the Southeast Asian herb kratom to adults. Kratom is said to have a high similar to opiates, but is not a controlled substance under federal law. It is, however, on the DEA's list of "drugs of concern." It has been banned in neighboring Indiana.

Law Enforcement

Lawsuit in Deadly Massachusetts SWAT Drug Raid Can Continue, Judge Rules. A police officer who shot and killed unarmed black Framingham resident Eurie Stamps, 68, in a January 2011 drug raid may have used excessive force, violating his constitutional rights, a US District Court judge ruled as he allowed a lawsuit against the officer to move forward. Officer Paul Duncan shot and killed Stamps as the elderly man lay prone on the floor of his apartment during the raid. Duncan claims the shooting was accidental, but Stamps is still dead, and his family is suing.


Mexican Cops Worked Closely With Zetas, Declassified Document Shows. A document declassified by Mexican Attorney General Jesus Murillo Karam shows how police and traffic police in San Fernando, Tamaulipas, worked closely with the Zetas cartel in a series of killings of immigrants en route to the US known as the "San Fernando massacre," in which at least 72 immigrants were tortured and murdered.

Indonesian Ulama Supports President's Plan to Execute Drug Offenders. The Nahdlatul Ulama, Indonesia's largest Islamic organization, said Wednesday it supported President Joko Widodo's tough stance on drug traffickers. Widodo has refused to stop the execution of convicted drug offenders and is seeking support for his stance. He found it with the Ulama. "We support the death penalty for the drug dealers and the producers, but not the consumers," said Said Aqil Siradji, chairman of the Ulama's central board.

Chronicle AM: Lebanon Ag Min Says Legalize Hash, NY MedMJ Regs, "Baby Bou Bou" Medical Bill, More (12/19/14)

New York officials have released draft medical marijuana regs, and advocates aren't too impressed, Lebanon's agriculture minister says it's time to legalize it, Bolivia's president criticizes Mexico's drug war, "Baby Bou Bou" has a million-dollar medical bill, and more. Let's get to it:

Bolivian President Evo Morales has some choice words about Mexico's "failed" drug policies. (
Marijuana Policy

Missouri KC NORML Legalization Petition Needs Editing to Get Official Approval. The KC NORML legalization initiative petition is in for a tune-up after the secretary of state's office rejected it for minor stylistic issues, including incorrect underlining and brackets. Organizers say they will rework and resubmit shortly. There's also another Missouri legalization initiative in the works, courtesy of Show Me Cannabis, but the KC NORML initiative is less restrictive, and less restrictive than the legalization schemes in any of the states that have legalized it so far.

Medical Marijuana

New York State Issues Medical Marijuana Regulations; Advocates Not Too Impressed. The Department of Health released draft medical marijuana regulations today, but advocates say they are too tight. "New York will be one of the more restrictive programs in the country, which could inhibit patients from getting the relief they need," the Drug Policy Alliance complained. Click on the title link for details on the draft regs.

Asset Forfeiture

Public Hearing Set for Orange County, NY, Misdemeanor Asset Forfeiture Ordinance. The public will have one last chance to voice objections to a local asset forfeiture already approved on a party-line vote by the county legislature. The ordinance would allow the county to confiscate assets from those convicted of even misdemeanor drug crimes. The ordinance has been criticized by defense attorneys and others not only for the misdemeanor provision, but also because it would allow for civil asset forfeiture without a criminal conviction. A public hearing is set for December 29. Click on the link for meeting details.

Law Enforcement

Family of Infant Burned by Flash-Bang Grenade in Botched Drug Raid Faces A Million Dollar Medical Bill. It has cost a million dollars so far to undo the damage done to toddler Bounkham Phonesavanh when a Georgia SWAT team member tossed a flash-bang grenade into his crib during a drug raid in which the party sought wasn't even there. Habersham County officials have refused to pay the medical bills, and the family has no means of paying them.


Lebanese Agriculture Minister Calls for Legalization of Hash Farming. Agriculture Minister Akram Chehayeb called today for the legalization of marijuana so the state can benefit from hash export revenues. "We are conducting studies on [how to] organize this type of agriculture so that it becomes monitored by the state, and thus the state can buy the harvest and export it to the countries that need it," Chehayeb said in a morning interview with a local radio station. "Instead of prosecuting the farmers, let's find other solutions for them," he said. "The planting of cannabis must be organized to benefit the state and the industrial sector, and it is one way of helping the farmers." Lebanese Druze leader Walid Jumblatt made a similar call earlier this week.

Peru Eradicates Record Amount of Coca. Peruvian officials announced today that they eradicated 77,000 acres of coca crops this year, the highest total since eradication programs began in 1983. But they didn't touch the country's largest coca producing area, the valleys of the Apurimac, Ene, and Mantaro rivers (VRAEM) in south-central Peru. The UNODC says Peru is the world's largest coca producer, and the DEA says it is the world's largest cocaine producer.

Bolivian President Criticizes Mexico's "Failed" Drug War Policies. President Evo Morales said Mexico's failed model for fighting the drug war, citing the recent incident where 43 teachers' college students were disappeared and are presumed dead at the hands of corrupt police working with drug gangs. "The market for cocaine is generally in industrialized and developing countries. But… look at what is happening in Colombia, and especially how it is in Mexico," said Morales. "The recent events [in Ayotzinapa-Mexico], I still think that [the forced disappearance of the students] is a failed model, a model of free market that is unfortunately subject to the US. empire. And now there are deep problems. "We do not want to have this kind of problem in Bolivia, of organized crime. It seems that crime groups are above the state. In some regions, not even with the presence of military bases can one fight drug trafficking," he said at a graduation ceremony for National Police cadets.

Indiana Man Pursued By DEA Kills Self, Huge Stash Found

An Indiana man being pursued by the DEA and local police led law enforcement on a high-speed chase before crashing and then shooting himself Tuesday. Omar Eduardo Proano-Montano, 24, becomes the 38th person to die in US domestic drug law enforcement operations so far this year.

According to The Indianapolis Star, citing law enforcement sources, Indianapolis police and DEA agents doing a drug investigation attempted to conduct a traffic stop on Proano-Montano, but he fled, leading police on a high-speed chase.

The chase ended when Proano-Montano crashed into a tree. After a short standoff, police heard a gunshot from within the cab of Proano-Montano's vehicle. They found him dead from a self-inflicted wound.

After Proano-Montano's death, agents executed a series of searches and traffic stops at locations linked to him and found cash, guns, and drugs. In his truck, they found nine pounds of crystal meth and three pounds of cocaine. At other locations, they also seized $9,000 in cash, five fully loaded military grade semi-automatic rifles with 1,000-plus rounds of ammunition, one shotgun, eight handguns, a ballistic vest and a Cadillac, police said.

Indianapolis, IN
United States

Budget Bill Curbs Federal Medical Marijuana, Hemp Enforcement

In a deal hammered out Tuesday evening, the leaders of the House and Senate appropriations committees agreed on a budget bill that includes a measure curbing Justice Department enforcement efforts in states where medical marijuana is legal. The measure, in the form of an amendment offered by Rep. Dana Rohrabacher (R-CA), passed the House back in May.

No more DEA medical marijuana raids? (
The bill also includes similar language barring the use of Justice Department funds to interfere with hemp research authorized under the already approved Agricultural Act of 2014.

The hemp industry hasn't responded yet, but medical marijuana supporters are pleased.

"This is great news for medical marijuana patients all across the country," said Rep. Sam Farr (D-CA), one of the co-authors of the House measure. "This amendment protects patients while the federal government catches up with the views of the American people. Patients will have access to the care legal in their state without fear of federal prosecution. And our federal dollars will be spent more wisely on fighting actual crimes and not wasted going after patients."

The relevant section of the bill, Section 538, lists all the states that have some form of legalized medical marijuana and says, "None of the funds made available in this Act to the Department of Justice may be used… to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana."

"We applaud this Congress for doing the right thing by protecting the rights of patients, and ending a years-long attack on the medical marijuana community," said Mike Liszewski, government affairs director for Americans for Safe Access (ASA), the medical marijuana advocacy group that has been championing the measure for years. "By approving this measure, Congress is siding with the vast majority of Americans who are calling for a change in how we enforce our federal marijuana laws."

"Congressional leaders seem to have finally gotten the message that a supermajority of Americans wants states to be able to implement sensible marijuana reforms without federal interference," said Tom Angell, executive director of Marijuana Majority. "This legislation greatly reduces the chances that costly and senseless DEA raids will come between seriously ill patients and the doctor-recommended medicine they need for relief."

If the omnibus budget bill is approved, the spending curb could well halt several pending federal criminal cases, including the case of the Kettle Falls Five, who are being prosecuted in Washington, a state where not only medical but recreational marijuana is legal, for growing medical marijuana within state guidelines. It would also severely cramp the style of the DEA, which has conducted hundreds of over-the-top aggressive raids in medical marijuana states. And it could mark an end to numerous civil asset forfeiture cases brought by US Attorneys in California against dispensaries in Berkeley, Oakland, San Francisco, and Orange County.

"We now have a solid foundation from which to establish a more comprehensive public health policy at the federal level," said ASA's Liszewski. "We're excited to be able to work with a Congress that is more in line with the will of the people, and more determined to roll up its sleeves and get things done on the issue of medical marijuana."

Before it becomes law, the budget bill must now be approved by the full House and Senate and then signed into law by President Obama. Those congressional votes are expected later this week, and there is little likelihood the bill will be defeated or that President Obama would seek to veto it.

Washington, DC
United States

Chronicle AM: DC Pot Battle Unsettled, Federal Racial Profiling Ban, Budapest Drug Testing, More (12/8/14):

DC's marijuana reforms remain under threat from congressional Republicans, Washington state's pot-sellers are feeling burdened by taxes, California doctors reject denying transplants to medical marijuana patients, the Justice Department issued racial profiling guidelines for federal law enforcement, and more. Let's get to it:

House Minority Leader Nancy Pelosi (
Marijuana Policy

Nancy Pelosi Pledges Support for DC Autonomy as Possible Battle Over Marijuana Reforms Looms. At a press conference last Friday, House Minority Leader Nancy Pelosi said she supported the District's autonomy, but stopped short of saying any Republican moves to block the implementation of decriminalization or legalization would be a "deal breaker" on agreement for a broader appropriations package. "I have expressed concerns about treating the District of Columbia in a fair way, respecting home rule," Pelosi said. "I'm not saying any one of them is a deal breaker, but I'm saying this is an array of concerns that we have: clean air, good food standards, workplace safety, fairness to the District of Columbia, how the top line dollar is allocated within the legislation." Rep. Andy Harris (R-MD) is leading a House effort to block federal funds being used for pot law reforms, and the Rep. Harold Rodgers (R-KY), head of the House Appropriations Committee wants to see Harris's amendment included in the appropriations bill. Stay tuned.

Tax Issues Fueling Concerns Among Washington State Pot Retailers. The state's 25% excise tax and the federal government's refusal to let pot businesses to deduct legitimate business expenses -- such as state taxes -- is putting the squeeze on the state's fledgling retail industry. That's helping to contribute to retail marijuana prices that are higher than black market prices, but still not enough to be profitable under the weight of the state and federal taxes. There could be a fix coming in the state legislature; efforts are also underway to change the federal tax code to recognize legal pot businesses.

Medical Marijuana

California Doctors Reject Denying Organ Transplants to Medical Marijuana Patients. The California Medical Association (CMA) voted unanimously this past weekend to urge transplant clinics in the state against removing patients from organ transplant lists based on their medical marijuana status or use. The CMA House of Delegates was in San Diego for its annual meeting, and voted Saturday on Resolution 116-14 in support of patients' ability to remain on transplant lists despite their medical marijuana use. "I am very proud of my colleagues at the CMA, who once again endorsed the principle that medical decision for the benefit of patients be based on science and not moralistic prejudices," said Dr. Larry Bedard, a retired Marin General Hospital emergency physician and 30-year CMA delegate who currently serves on its Marijuana Technical Advisory Committee.

Law Enforcement

Justice Department Unveils Racial Profiling Ban for Federal Law Enforcers. The Justice Department today issued guidelines that will ban federal law enforcement agents from profiling on the basis of race, religion, national origin, and other characteristics. The guidelines cover federal agencies within the Justice Department, including the FBI, the DEA, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. They also extend to local and state officers serving on joint task forces alongside federal agents. The new guidelines will not apply to security screeners in airports and at border checkpoints, nor are they binding on state and local police forces.


Budapest Mayor Wants Mandatory Drug Tests for Teenagers, More. Mayor Mate Kocsis wants mandatory annual drug testing for city teenagers, as well as for elected officials and journalists. He said the idea was to target "those most at risk, decision-makers and opinion-formers." Kocsis is a member of the governing Fidesz Party, whose parliamentary group will discuss his proposal today. In August, Kocsis managed to get a needle exchange program for injection drug users shut down. He has also introduced legislation to ban picking through garbage and sleeping on the streets.

Drug War Issues

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