Search and Seizure

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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.

Mass High Court Rules Police Can't Search Vehicles Based Solely on Suspicion of MJ Possession

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

Civil rights advocates and marijuana legalization supporters are welcoming a decision from the state Supreme Judicial Court that says police can't stop motorists solely because they suspect the vehicle's occupants are carrying marijuana. The decision came in Commonwealth v. Rodriguez.

The Rodriguez in question was Elivette Rodriguez, who was a passenger in a car stopped by New Bedford police in 2012 after they allegedly detected the smell of marijuana coming from the vehicle. During the stop, police found a bag containing 60 Percocet pills, and Rodriguez was charged with possession of a Class B substance with intent to distribute, as well as other offenses.

Before trial, Rodriguez filed a motion to suppress the evidence from the search, arguing that since the state had decriminalized the possession of small amounts of marijuana in 2008, the mere odor of marijuana coming from the car did not create sufficient probable cause to undertake the traffic stop and subsequent search. The trial judge denied that motion, but put the trial on hold while Rodriguez appealed his decision. The Supreme Judicial Court on its own initiative took the case from the appeals court.

In its ruling Tuesday, leaning heavily on the 2008 decriminalization law, the Supreme Judicial Court agreed with Rodriguez. "Permitting police to stop a vehicle based on reasonable suspicion that an occupant possesses marijuana does not serve [the] objectives" of the law, Justice Margot Botsford wrote for the majority. Allowing such stops "does not refocus police efforts on pursing more serious crime," another goal of the law, she wrote.

The court's 5-2 majority ruled that the pills were inadmissible in court because they were "fruit of the poisoned tree," in the classic formulation. In other words, the evidence resulted from an illegal search and thus must be thrown out. Rodriguez' drug case was referred back to district court for "further proceedings consistent with this opinion," but since they now have no evidence against her, prosecutors said they would drop the case.

In arguing the case, Bristol prosecutors had asserted that police can stop vehicles for a civil marijuana offense, just as they can for a civil traffic offense, but the court rejected that argument. While traffic laws are designed to promote road safety, "there is no obvious and direct link" between marijuana possession and maintaining highway  safety.

"The high court was making a statement "about how the police ought to spend their time and the taxpayers' money," ACLU of Massachusetts legal director Matthew Segal told the Boston Globe. Pulling over a vehicle for suspicion of marijuana possession "is not consistent with the Massachusetts constitution, nor is it consistent with the will of the voters who passed decriminalization," he said.

The Campaign to Regulate Marijuana Like Alcohol, one of two groups undertaking marijuana legalization initiative campaigns in the state (the other is Bay State Repeal), was also pleased with the decision. In a statement, campaign spokesman Jim Borghesani said the "provides further clarification for how police officers should handle vehicle stops in the era of decriminalization, and it advances the clear message sent by voters in 2008 to refocus police activity on more serious crimes."

Chronicle AM: CA Blue Ribbon Marijuana Report is Out, DEA Criticized for Blocking Snitch Probe, More (7/22/15)

A long-awaited (and overdue) report on California marijuana policy reforms is out, an Arizona appeals court rules that the odor of marijuana in a medical marijuana state is not sufficient grounds for a search warrant, the DEA gets criticized over its snitch program, and more.

Marijuana Policy

California Blue Ribbon Panel on Marijuana Releases Report, Calls for Strict Controls. The panel, led by pro-legalization Lt. Gov. Gavin Newsom (D), issued its Pathways Report: Policy Options for Regulating Marijuana in California today, and called for a regulatory system that prevents childhood use and warns that "this industry should not be the next California Gold Rush." The 93-report is a comprehensive look at the range of policy options facing the state. Read it.

Heroin and Prescription Opiates

New Hampshire "Drug Czar" Releases Recommendations for Fighting Opiate Abuse. John Wozmak, senior director for Substance Misuse and Behavioral Health, Tuesday released a list of 22 recommendations for fighting opiate abuse, including making naloxone more widely available and strengthening the state's prescription drug monitoring program. Click on the link to see the full list.

Law Enforcement

Arizona Appeals Court Rules Smell of Weed Alone is Not Grounds for Search Warrant. The legalization of medical marijuana in the state means that the odor of weed by itself is not probable cause for obtaining a search warrant. "Medical marijuana use pursuant to AMMA is lawful under Arizona law," he wrote. "Therefore its scent alone does not disclose whether a crime has occurred." Instead, police must now rely on an "odor-plus" standard where additional evidence is needed to justify a warrant.

Justice Department Inspector Report Criticizes DEA on Informants. DEA agents wrote their own rules for a secret snitch program and then tried to block the Office of the Inspector General (OIG) from conducting its probe into the program, the just released OIG report says. "Our audit work thus far has been seriously delayed by numerous instances of uncooperativeness from the DEA," the inspector general wrote. Although the OIG set out to review the confidential informant program in February 2014, the OIG has had only "limited" success, it said. But the OIG's audit isn't yet completed. Stay tuned.

Chronicle AM: Supreme Court Nixes Roadside Waits for Drug Dogs, DEA Head to Resign, More (4/21/15)

The DEA head is on her way out, the Supreme Court rules on making motorists wait for drug dogs to arrive, Indiana's governor extends an emergency needle exchange, a new report on asset forfeiture abuses in California is out, and more.

The US Supreme Court rules that detaining motorists on the side of the road to wait for drug dogs is illegal. (wikipedia.org)
Marijuana Policy

Washington State Legal Pot Price Declines to $12 a Gram. Pot prices averaged nearly $30 a gram—well above black market prices—when the state's first marijuana retail outlets opened, but that has changed dramatically, according to the State Liquor Control Board. Now, the average retail price of a gram is about $12, as supply expands to meet demand. That's still $336 an ounce, though.

Medical Marijuana

Wyoming Medical Marijuana Initiative Getting Underway. Activists with Wyoming NORML submitted their initiative application with the secretary of state's office Monday. If and when the application is approved, organizers will have until next February to gather 25,673 valid voter signatures to place it on the 2016 general election ballot. A recent poll had support for marijuana at 72% in the Cowboy State.

Asset Forfeiture

New Report Details California Asset Forfeiture Abuses. The Drug Policy Alliance today released a new report, Above the Law: An Investigation of Civil Asset Forfeiture Abuses in California, a multi-year, comprehensive look at asset forfeiture abuses in the state that reveals the troubling extent to which law enforcement agencies have violated state and federal law. The report finds that a handful of LA County cities lead the state in per capita seizures, that some departments rely on asset forfeiture for funding themselves, and that some departments were providing false or incomplete reports to the Justice Department.

Drug Testing

Indiana Welfare Drug Testing Bill Dead. The legislator who unexpectedly proposed adding a welfare drug testing proposal to a social services spending bill has withdrawn it after learning how few people would be tested and how little support there is for it. Rep. Terry Goodin (D-Crawfordsville) said today he would instead seek a study committee to examine how best to fight drug abuse.

Florida Governor Settles on State Employee Drug Testing. Gov. Rick Scott (R) has formally given up on his effort to subject state employees to random, suspicionless drug testing. He reached an agreement Monday with the employees' union that will only allow drug testing in a relative handful of safety-sensitive positions. Of the 1,400 job classifications Scott originally wanted covered, only 267 will be covered.

Harm Reduction

Indiana Governor Extends Emergency Needle Exchange Program. Gov. Mike Pence (R) Monday extended an emergency needle exchange program in Scott County for another 30 days in a bid to get a handle on an injection drug-related HIV outbreak there. The move comes as the legislature heard testimony supporting a bill that would allow similar exchanges elsewhere in the state.

Law Enforcement

DEA Administrator Michele Leonhart Set to Resign. DEA Administrator Michele Leonhart is expected to resign soon, a unnamed "senior administration official" told CBS News this morning. The embattled DEA head has been under fire for years over her leadership of the scandal-ridden agency, but it was her performance at a Capitol Hill hearing last week that sealed her fate. Click on the link to read our feature story on this.

Supreme Court Says Detaining Motorists to Wait for Drug Dogs to Arrive is Not OK. In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures. Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely—the ostensible reason for the stops. "A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said. Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote. "A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said. Click on the link to read our newsbrief and view the ruling itself.

International

Mexicans Capture Gulf Cartel Leader. Mexican authorities confirmed over the weekend that they had captured Jose Tiburcio Hernandez Fuentes, who they described as a Gulf Cartel leader responsible for much of the recent violence in the border city of Reynosa. He was caught despite a shootout between Mexican soldiers and police and around 60 cartel gunmen who tried to rescue him. The Mexicans caught a key Juarez Cartel leader just a day earlier. 

Holding Motorists on Highway to Await Drug Dog Searches Not OK, Supreme Court Rules

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

In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures.

In the decade since the Supreme Court held in Illinois v. Cabellas that a drug dog sniff of a vehicle that did not extend a traffic stop was not a search under the meaning of the Fourth Amendment, law enforcement agencies across the country have routinely detained drivers on the roadside awaiting arrival of a drug dog, then used drug dog alerts as "probable cause" to allow vehicle searches.

The practice left motorists in a legal limbo where there was no actionable cause to detain them, but they were not free to be on their way. Today's ruling from the Supreme Court says that is not okay.

Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely -- the ostensible reason for the stops.

"A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said.

Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote.

"A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said.

The ruling came in Rodriguez v. US, in which Dennys Rodriguez had been pulled over in Nebraska for a traffic infraction. He was issued a warning ticket for driving on the shoulder of the road, but then made to wait on the roadside for the arrival of a drug dog 10 minutes later. After the drug dog alerted, his vehicle was searched, methamphetamine was found, and he was charged and convicted.

While the decision is a boon to motorists, it's not a get-out-of-jail-free card for Rodriguez. The evidence derived from the drug dog search has been thrown out, but his case remanded to the lower courts, prosecutors will still have a chance to try to prove there was other reasonable suspicion to think he was carrying drugs.

Chronicle AM: AK Pot Bill Advances, Obama Commutes Drug Sentences, Brit Drug Spat, More (3/31/15)

There will still be marijuana felonies under a bill moving in Alaska, North Dakota has a new hemp law, an Arkansas welfare drug test bill heads to the governor's desk, Obama commutes sentences, and more.

Are there hemp fields on the horizon in North Dakota? (votehemp.org)
Marijuana Policy

Alaska Senate Passes Marijuana Bill -- Without Ban on Concentrates. The Senate voted Monday night to approve SB 30, the bill designed to update the state's criminal code to reflect marijuana's legalized status. The bill was approved 17-3 after an amendment to make concentrates illegal in two years was defeated. It continues to list pot as a controlled substance and has provisions making it a felony to possess more than a pound or to grow more than 25 plants. It also bans pot businesses in unorganized boroughs.

Another Maine Legalization Bill Filed. Rep. Mark Dion (D-Portland) has filed a bill to allow adults 21 and over to use marijuana, regulate commercial sales, and tax them at 15%. The bill is still being drafted and is not yet available on the legislative web site. Rep. Diane Russell (D-Portland) has also filed a legalization bill, but its language isn't completed yet, either. There are also two separate legalization initiative campaigns brewing the in the state.

Hemp

North Dakota Governor Signs Hemp Bill Telling Feds to Butt Out. Gov. Jack Dalrymple (R) last Friday signed House Bill 1436, which allows farmers to apply to grow the crop for either research or commercial purposes. The bill says that "license required by this section is not conditioned on or subject to review or approval by the United States drug enforcement agency," a direct jab at the DEA. Instead, licensing will be up to the state agriculture department.

Drug Testing

Arkansas Legislature Passes "Suspicion Based" Welfare Drug Testing Bill. The House Monday approved Senate Bill 600, which would set up a two-year pilot program for "suspicion based" drug screening and testing of public benefits applicants. The Senate, which had already approved it, gave it a final approval today, and the bill now heads to the governor's desk.

Harm Reduction

Indiana Needle Exchange Bill Wins House Committee Vote. The House Public Health Committee Monday approved a bill to allow needle exchanges in the 23 counties in the state with the highest rates of hepatitis C infections. The bill actually addresses an HIV outbreak in southeastern Scott County, where Gov. Mike Pence (R) days ago issued an executive order allowing for emergency needle exchanges. The bill now goes to the House floor.

Law Enforcement

Maine Governor Slams Foes As "Weak on Drugs." Faced with legislative skepticism over his proposals to beef up the state's drug enforcement apparatus, Tea Party Republican Gov. Paul LePage has come out swinging. "They are weak on drugs," LePage told reporters, describing the legislators. "They simply don't want to deal with the problem. Frankly, they shouldn't be in this hall, they shouldn't be in this building if they can't take care of our children. And the gloves are off now."

Sentencing

Obama Commutes Sentences of 22 Drug Offenders. The president today doubled the number of drug sentence commutations he has issued in one fell swoop by cutting sentences for 22 drug offenders, mostly crack cocaine offenders and mostly doing sentences of 20 years or more. Eight were doing life sentences for drug offenses, including one doing life for growing pot plants.

International

Spanish Cannabis Club Wins Acquittal. The provincial court in Vizcaya has acquitted five people accused of violating Spanish law by forming a club to grow and consume marijuana. The members of the Pannagh collective were charged with drug trafficking and "criminal organization," but in a victory for cannabis advocates, the court held that Pannagh acted within the limits of the concept of "collective cultivation."

British Labor Party Attacks Lib Dems as "Soft on Crime, Drugs, and Thugs." Labor has put out a leaflet attacking the Liberal Democrats on drug and crime policy ahead of looming parliamentary elections, but Labor is taking lots of flak for its efforts. One critic called the Labor approach "medieval," another accused it of underestimating the intelligence of the electorate, and yet another accused Labor of "turning their back on progressive, sensible, evidence-based reform."

Chronicle AM: NM Legislature Passes Civil Asset Forfeiture Ban, No Jail for Junkies in WA County, More (3/23/15)

A ban on civil asset forfeiture passes the legislature in New Mexico, there was a legalization demo in New Jersey and a medical marijuana rally in Tennessee, a UN agency says the herbicide used to spray Colombian coca crops causes cancer, and more.

Snohomish County, WA, is not jailing heroin addicts for nonviolent, misdemeanor offenses. (wikimedia.org)
Marijuana

Massachusetts Attorney General Opposes Legalization. Attorney General Maura Healey said today that while she supported a successful decriminalization initiative a few years ago, she doesn't support legalization. "I supported the effort to decriminalize small amounts of marijuana a few years ago, and I appreciated the motivation behind that move and ultimately, the law," Healey told Boston Herald Radio. "What I oppose though now is full legalization of marijuana." She said her views were informed by discussions with her counterparts in Washington and Colorado, who told her they had not seen a drop in drug trafficking and that people came from out of state to buy marijuana. A legalization bill is pending, and the state could see two different initiative campaigns next year if the legislature fails to act.

New Jersey Legalization Advocates Smoke Out in Trenton. More than a hundred people showed up for the "Spring Smoke Out" rally at the statehouse in Trenton Saturday. Led by veteran Garden State pot activist Ed "NJ Weedman" Forchion, the group toked up amid chants of "One, two, three four, smoke, smoke, smoke some more!" and demanded an end to pot prohibition.

Medical Marijuana

Idaho CBD Cannabis Oil Bill Heads for Senate Floor Vote. A bill that would allow for the use of cannabis oil to treat severe forms of epilepsy passed the Senate State Affairs Committee last Friday and now heads for a Senate floor vote. The measure is Senate Bill 1106. Another cannabis oil bill that would only allow an affirmative defense, Senate Bill 1146, also awaits a Senate floor vote.

Louisiana Medical Marijuana Bill Pre-Filed. State Rep. Dalton Honore (D-Baton Rouge) has pre-filed a bill that would allow for the use of marijuana for specified medical conditions, including seizure disorders, glaucoma, cancer, and the side effects of cancer treatments. The bill is House Bill 6. Last year, similar legislation failed to get out of committee in the face of opposition from law enforcement. The session begins April 13.

Tennessee Advocates in Smoky Mountain Medical Marijuana Rights Rally. Hundreds of people showed up for the Smoky Mountain Medical Marijuana Rights Rally and march in Johnson City Saturday. The rally comes as the state legislature considers a number of medical marijuana-related bills.

International

Bolivia Lashes Out at US Anti-Drug Report. The Bolivian government rejects the State Department's anti-drug report, released last week, which said the country is not complying with international anti-drug trafficking obligations."The report is unacceptable. The only thing it does is to put more obstacles to the hypocritical call to reestablish bilateral relations. This is the double standard policy that he US has and will always have," Government ministry spokesman Hugo Moldiz said.

Ten Killed in Mexico Cartel Attack on Police. Suspected drug gang members attacked a convoy of Mexico's newly militarized police force, the gendarmerie, in Jalisco state last Thursday, leaving five policemen dead, as well as three gang members, and two bystanders. It was one of the deadliest attacks on police since President Enrique Pena Nieto took office in December 2012.

UN Agency Links Herbicide Used to Spray Colombian Coca Crops to Cancer. The International Agency for Research on Cancer, a research arm of the World Health Organization, said last Thursday it had reclassified the herbicide glyphosate as a carcinogen. It cited what it said was convincing research showing that the herbicide creates cancer in lab animals and that it could cause non-Hodgkin's lymphoma in humans. Under a US-government supported program, Colombia has sprayed more than four million acres of land with the stuff in a bid to destroy coca crops. The Colombian government, however, expressed concern, but didn't say it was ready to stop the spraying. Eliminating cocaine "transcends" other concerns, said Health Minister Alejandro Gaviria.

Chronicle AM: DEA "Cold Consent" Searches, NYC Calls for Pot Legalization, KY Heroin Bills Collide, More (3/20/15)

An Ohio legalization initiative heads for signature-gathering, the NYC city council calls for decrim and legalization, the DEA's "cold consent" searches get critiqued, Kentucky pols can't agree on how to deal with heroin, and more.

A Justice Department OIG report criticizes the DEA's "cold consent" seaches. (justice.gov)
Marijuana

Louisiana Legalization Bill Pre-Filed. State Rep. Dalton Honore (D-Baton Rouge) has pre-filed a marijuana legalization bill. He submitted House Bill 117 yesterday. To go into effect, it would have to both pass the legislature and be approved by the electorate in the November 2016 election. Louisiana has some of the country's harshest marijuana laws.

Ohio Ballot Board Clears ResponsibleOhio Legalization Initiative. Backers of the ResponsibleOhio legalization initiative have cleared the final hurdle before beginning signature-gathering. The state Ballot Board agreed that the proposal amounts to a single constitutional amendment, so it's good to go. Backers will now need to gather more than 300,000 signatures by July to qualify for the ballot. The amendment would allow only 10 growing sites already promised to investors.

NYC City Council Calls for Decriminalizing and Legalizing Marijuana. This week, the New York City Council called for the state to pass legislation to both decriminalize and to tax and regulate marijuana. As part of the Council's State Budget and Legislative Agenda for the 2015-2016 legislative session, the council urged the state legislature to pass two marijuana policy reforms -- the Fairness and Equity Act and the Marijuana Regulation and Tax Act (MRTA). The Speaker of the City Council, Melissa Mark-Viverito had previously announced her support for marijuana legalization in November, but this marks the first time that decriminalization and legalization have been part of the Council's official legislative agenda.

Medical Marijuana

Georgia Medical Marijuana Bill Wins Senate Committee Vote. The Senate Health and Human Services Committee approved House Bill 1 yesterday. The measure has passed the House and now heads for a Senate floor vote.

Methamphetamine

New York Senate Approves Bill to Increase Meth Penalties. The Senate has passed Senate Bill 1150, which would increase penalties for meth possession and sale. Meth would be treated similarly to heroin and cocaine under the bill. The bill is now in the Assembly Codes Committee as Assembly Bill 5577.

Opiates

Kentucky Legislators Still Can't Agree on Heroin Bills. House and Senate negotiators met yesterday to try to reach a compromise on competing bills that address heroin use in the state, but mainly agreed to disagree. There are differences over increasing penalties for heroin dealers, whether to allow needle exchanges, and on how to protect people who report overdoses. There is now a chance legislators could agree on a compromise that simply omits the sentencing and overdose reporting provisions.

Asset Forfeiture

Sen. Chuck Grassley Investigating Asset Forfeiture Abuses in US Marshals Service. The Iowa Republican sent a letter Wednesday to the agency demanding documents after he received whistleblower allegations that the service's Asset Forfeiture Division had used asset forfeiture monies "to purchase extravagant office decorations such as custom wall paper and window treatments." He is also looking into allegations of favoritism in hiring at the agency.

Law Enforcement

Justice Department Report Criticizes DEA's "Cold Consent" Searches. In a new report, the Justice Department's Office of the Inspector General details how the DEA's use of "cold consent" searches, where agents confront travelers at airports, bus, and rail stations and "ask" for consent to search them, may be racially profiling passengers and unjustly seizing their money. Click on the title link or read the report for lots more detail.

Reentry and Rehabilitation

Ex-Felon Federal Voting Rights Bills Filed. Sen. Ben Cardin (D-MD) has filed S 772 to secure the federal voting rights of people who have served their time. Rep. John Conyers (D-MI) has filed a companion bill, HR 1459, in the House.

Sentencing

Smarter Sentencing Act Picks Up More Cosponsors. The Senate version, S 502, now has nine cosponsors, with the latest being Sen. John Isaakson (R-GA). The House version, HR 920, now has 22 cosponsors, with six signing on in the past week. The bills would retroactively apply provisions of the Fair Sentencing Act and would reduce mandatory minimum sentences.

International

Canada Supreme Court Takes Up Medical Marijuana Edibles. The high court is hearing a case where plaintiffs charge that Health Canada violated medical marijuana patients' constitutional rights to life, liberty, and safety by barring any form of marijuana except dried plants. The government has lost at every step of the legal process so far, but continues to argue the case.

Zambia Opposition Party Joins Green Call for Marijuana Legalization. Zambia's second largest opposition party, the United Party for National Development, has joined the Greens in calling for the legalization of marijuana cultivation. "There is nothing wrong with cannabis. Just like you and me 'dear reader' Cannabis Sativa, the plant, was also created by God," wrote party vice-president for political affairs Canisius Banda. "Cannabis is a resource. Cannabis must be decriminalized the world over. Nonetheless, regulation, albeit wise, just as it exists for many other things ought to remain. Just like Zambia boasts of Copper, California boasts of Cannabis, the biggest cash crop, responsible for US$14 billion a year in sales. Zambia would do well, under decriminalized but controlled conditions, to start growing Cannabis, and at least, for now until we are a bit more civilized, only for export to countries that have made it legal."

Chronicle AM: More Pot Bills, Asset Forfeiture Action, Silk Road Conviction, Peru Coca "No Fly Zone," More (2/5/15)

The marijuana reform bills keep on coming, Oregon activists fight to protect legalization there, the feds get a conviction in the Silk Road case, there's news on the asset forfeiture front, and more. Let's get to it:

This message appeared when the feds busted Silk Road.
Marijuana Policy

New Approach Oregon to Fight to Defend Marijuana Legalization Law. The group that successfully managed the Measure 91 campaign to free the weed is now mobilizing to ensure that the legislature doesn't undo the will of the voters. The move comes as legislators contemplate various bills that would modify the initiative, including allowing localities to ban marijuana businesses. "We want a marijuana policy that reflects the will of the people," said Anthony Johnson, chief petitioner for Measure 91. "Instead of making major changes, the state first needs to get the basics of implementation right -- like childproofing, labeling, testing, packaging, auditing, inspecting, taxing, licensing and background checks."

Massachusetts Legalization Bill Filed. Rep. Dave Rogers (D-Cambridge) and at least 10 other legislators have introduced a bill to legalize marijuana for adults 21 and over and allow for marijuana commerce in the Bay State. The measure has not yet been assigned a bill number and is currently known as House Docket 3436, the "Cannabis Regulation and Tax Act of 2016."

Illinois Limited Legalization Bill Filed. State Sen. Michael Noland (D-Elgin) has introduced a bill that would legalize the possession of up to 30 grams of marijuana and the cultivation of up to five plants, but which would not allow for legal marijuana commerce. The measure is Senate Bill 753. A decriminalization bill, House Bill 218, was filed days earlier in the House.

Connecticut Legalization Bill Filed. House Deputy Majority Leader Rep. Juan Candelaria has filed a bill to "allow marijuana use for persons twenty-one years of age and older, and to regulate the sale, possession, use and growth of marijuana." That's all the bill says at this point. The measure is House Bill 6703. A bill introduced last month, House Bill 6473, would decriminalize it.

Medical Marijuana

Five Hawaii Bills to Get Hearing Saturday. The House Committee on the Judiciary and Committee on Health will hear five medical marijuana-related bills, including one that establishes dispensaries, one that allows patients to transfer marijuana to other patients and caregivers and increases quantity amounts, one that allows doctors to determine which medical conditions qualify, one that bars employers from punishing employees who are patients for a failed marijuana drug test, and one that bans infusing trademarked products with marijuana. Click on the link for bill and hearing details.

Virginia CBD Medical Marijuana Bill Passes Senate. The state Senate this afternoon approved Senate Bill 1235, which would allow for the use of high-CBD cannabis oil. A similar bill is before the House of Delegates.

Asset Forfeiture

New Institute of Justice Report on Civil Asset Forfeiture. The report is Seize First, Question Later: The IRS and Civil Forfeiture. "Federal civil forfeiture laws give the Internal Revenue Service the power to clean out bank accounts without charging their owners with any crime. Making matters worse, the IRS considers a series of cash deposits or withdrawals below $10,000 enough evidence of "structuring" to take the money, without any other evidence of wrongdoing. Structuring -- depositing or withdrawing smaller amounts to evade a federal law that requires banks to report transactions larger than $10,000 to the federal government -- is illegal, but more importantly, structured funds are also subject to civil forfeiture," says the report's executive summary.

Colorado Civil Asset Forfeiture Reform Bill Filed. State Sen. Laura Woods (R-Arvada) has filed House Bill 006, which would require a criminal conviction before civil asset forfeiture could take place. "I was spurred by complaints from citizens who are watching what's going on across the country. As there is more policing-for-profit and seizing-for-salaries -- as they say -- they were contacting me with concerns," Woods said. The bill would also set a $50,000 threshold for local law enforcement to be able to turn seizures over to the federal government in a bid to "de-incentivize" that practice.

Virginia Civil Asset Forfeiture Reform Bill Passes House. A bill that would require a criminal conviction before civil asset forfeiture can be undertaken passed the House of Delegates yesterday. The vote was an overwhelming 92-6. The measure, House Bill 1287, now goes to the Senate.

Harm Reduction

International Harm Reduction Conference 2015 Set for Malaysia in October. Click on the link for more details and registration information. There's a call for papers, but that ends March 27.

Drug Testing

Texas Food Stamp Drug Testing Bills Filed. State Sen. Jane Nelson (R-Flower Mound) has filed Senate Bill 54 and Rep. Ken King (R-Canadian) has filed House Bill 352. Both bills would require food stamp applicants to be screened for possible drug use, with those deemed likely drug users made to take and pass a drug test.

Law Enforcement

Silk Road Dark Web Drug Marketplace Operator Found Guilty. A federal jury in New York City Wednesday convicted Ross Ulbricht on federal drug trafficking charges for operating the Silk Road web site, where hundreds of millions of dollars worth of illegal drugs and other goods were sold. He is now looking at up to life in prison. Meanwhile, other dark web drug marketplaces continue to spring up.

International

Peru Declares "No-Fly Zone" Over Major Coca-Growing Region. Civilian aircraft are now barred from flying over the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM), Peru's largest and most lawless coca-producing region, without prior military approval. The government of President Ollanta Humala took the step in a bid to stop a growing number of small planes from smuggling cocaine to neighboring countries. The move brings Peru one step closer to reinstituting a policy of shooting down unauthorized airplane flights. That policy ended in 2001, when the military accidentally shot down a plane that wasn't carrying drugs, killing a US missionary and her baby.

Chronicle AM: DEA License Plate Spying; Federal Asset Forfeiture, Hemp & State MedMJ Bills Filed (1/27/15)

A marijuana business group predicts 18 states will legalize by 2020, medical marijuana bills get filed in Florida and Pennsylvania, the DEA is tracking your license plates, federal asset forfeiture reform and hemp bills are filed, and more. Let's get to it:

Arcview sees legalization in 18 states by 2020.
Marijuana Policy

ArcView Group Predicts 18 States Will Legalize By 2020. ArcView Market Research, a firm that pairs investors with marijuana-related businesses, is predicting that 18 states will have legalized marijuana by the end of 2020. Those states are: Arizona, California, Massachusetts, Maine, Nevada, Rhode Island, and Vermont by 2016; Connecticut, Delaware, Maryland, Montana, New Hampshire, and New Jersey by 2020. Alaska, Colorado, Oregon, and Washington have already legalized it, as has the District of Columbia.

Southern California Legalization Meetings Planned. The California Coalition for Cannabis Policy Reform, which is working to create a unified movement behind a legalization initiative in 2016, will be holding a series of meetings in Southern California this weekend. There will be events in West Hollywood, Riverside, San Diego, and Santa Ana. They want people to RSVP. Click on the link for meeting details.

Medical Marijuana

Full-Blown Medical Marijuana Bill Filed in Florida. State Sen. Jeff Brandes (R-St. Petersburg) has filed Senate Bill 258, which would regulate the cultivation, distribution, and use of medical marijuana in the state. The proposal larger mirrors that failed constitutional amendment that won 57% of the vote last year (it needed 60% to pass because it was a constitutional amendment). The state passed a medical marijuana bill last year, but it was limited to high-CBD cannabis oils. Brandes is chair of the Senate Transportation Committee and sits on the Criminal Justice Committee, too.

Medical Marijuana Bill Reintroduced in Pennsylvania. State Sens. Daylin Leach (D-Montgomery) and Mike Folmer (R-Dauphin) have reintroduced a medical marijuana that died late in the last session. The new bill, Senate Bill 3, is almost identical to last year's Senate Bill 1182. It has a bipartisan batch of cosponsors -- 11 Republicans and 14 Democrats.

Iowa Medical Cannabis Oil Registrations Now Open. The Department of Health has completed establishing a process to approve and generate medical cannabis oil registration cards. The legislature passed a bill last year allowing for such use. The relevant Health Department web page is here.

Hemp

Federal Hemp Bill Filed. Rep. Thomas Massie (R-KY) has filed HR 525, which would amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The bill has 47 cosponsors -- 31 Democrats and 16 Republicans. It's been assigned to the House Judiciary and House Energy and Commerce committees.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Bill Filed. Sen. Rand Paul (R-KY) has reintroduced the Fifth Amendment Integrity Restoration (FAIR) Act, SB 255. The measure would end the federal government's Equitable Sharing program for civil asset forfeiture. An identical measure has been introduced in the House. The bills are headed for each house's respective judiciary committees.

Law Enforcement

DEA is Spying on Millions of Vehicles. A license plate tracking program run by the DEA is building a national database that tracks the movement of vehicles around the US. The secret domestic intelligence-gathering program has scanned and stored hundreds of millions of records about motorists, all without a warrant. The DEA's uses of license plate readers on a massive scale "raises significant privacy concerns," said Sen. Patrick Leahy, senior Democrat on the Senate Judiciary Committee. "The fact that this intrusive technology is potentially being used to expand the reach of the government's asset-forfeiture efforts is of even greater concern." There's much more at the link.

Drug War Issues

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