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Chronicle AM: Greece Moves Toward MedMJ, Italy to Debate Pot Legalization, More... (7/21/16)

There's a job opening for an experienced marijuana activist in DC, Libertarian Gary Johnson endorses California's legalization initiative, three European countries are making marijuana policy moves, and more. 

It looks like medical marijuana is coming to Greece. (wikimedia.org)
Marijuana Policy 

Libertarian Presidential Candidate Endorses California Legalization Initiative. Former Republican New Mexico Gov. Gary Johnson, who heads the Libertarian Party presidential ticket, has endorsed California's Prop 64 legalization initiative. "Why do I support it?" Johnson responded to a question while leaving the Republican National Convention. "Whether you agree with marijuana legalization or not, you have friends, family, coworkers that use marijuana," the former New Mexico governor said. "Are they criminal? No, they’re not criminal." California Democrats have already endorsed the measure, and the national Democratic Party recently adopted a "pathway to legalization" as part of its platform. The Republicans, on the other hand, recently rejected supporting even medical marijuana.

Job Opening: NORML Seeks a New Director. In the wake of the resignation of long-time executive director Allen St. Pierre, the nation's largest marijuana consumer group is seeking a new leader. Click on the link for information about job requirements and more.

Drug Testing

New OSHA Rule Warns on Blanket After-Injury Drug Testing. The federal Occupational Safety and Health Administration (OSHA) has issued a final rule for the electronic submission of injury and illness data for certain employers, and in doing so, the agency warns that "OSHA believes the evidence in the rulemaking record shows that blanket post-injury drug testing policies deter proper reporting." Policies mandating automatic post-injury drug testing can discourage reporting of accidents and injuries, OSHA said, adding that blanket testing may be inappropriate: "Although drug testing of employees may be a reasonable workplace policy in some situations, it is often perceived as an invasion of privacy, so if an injury or illness is very unlikely to have been caused by employee drug use, or if the method of drug testing does not identify impairment but only use at some time in the recent past, requiring the employee to be drug tested may inappropriately deter reporting. To strike the appropriate balance here, drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use."

Law Enforcement

Maryland Gives Up on Plan to Ban Letters to Prisoners to Fight Drug Smuggling. State corrections officials have withdrawn a proposed ban on sending letters to prison inmates in an a bid to stop the smuggling of drugs that can be soaked into photos and paper. Public Safety and Correctional Services Secretary Stephen Moyer had proposed the idea last month, but has now folded in the face of opposition from lawmakers and civil liberties advocates, who called the ban extreme and unconstitutional.

International

Italian Parliament Takes Up Marijuana Legalization on Monday. The Chamber of Deputies is expected to debate a legalization bill on Monday. The bill would legalize the possession of up to 15 grams at home and five grams outside the home, the cultivation of up to five plants for personal use, the creation of cannabis social clubs, and a regulated and licensed marijuana industry in the country.

Medical Marijuana Bill Filed in Ireland. An opposition member of the Dail has introduced a medical marijuana bill. Deputy Brid Smith of the Anti-Austerity Alliance/People Before Profit Party filed the measure, which envisions a Cannabis Regulation Authority and a licensing regime. The bill will be debated later as a private member's bill.

Greece Moving Forward on Medical Marijuana. The Health Ministry this week announced the formation of a working group of academics, psychiatrists, and scientific and legal advisers for the prime minister, the health ministry, and the justice ministry to begin examining issues around medical marijuana. The group's task is to propose feasible regulations for medical marijuana, and it is charged to submit its proposals by the end of October. 

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: NORML's Allen St. Pierre to Step Down, Push for Stronger Dem MJ Plank, More... (7/8/16)

It's all marijuana policy today, with pressure on the Democratic platform committee, the long-time NORML head stepping down, organized opposition to legalization rumbling in California and Massachusetts, and more.

Allen St. Pierre will resign as head of national NORML. Thanks for everything, and good luck. (www.normlucf.com)
Marijuana Policy

Congressman, Drug Reformers Urge Democrats to Firm Up Marijuana Reform Plank. Rep. Earl Blumenauer (D-OR) and several national drug reform groups sent a letter Friday to the Democratic National Committee Platform Committee urging members to strengthen the party's lukewarm position on marijuana reform by adding one simple sentence: "We support ending the failed federal marijuana prohibition." Blumenauer was joined by Clergy for a New Drug Policy, Doctors for Cannabis Regulation, Drug Policy Action (the lobbying arm of the Drug Policy Alliance), Law Enforcement Against Prohibition, the Marijuana Policy Project, the National Cannabis Industry Association, NORML, and Students for Sensible Drug Policy. The platform committee is considering language Friday and Saturday.

Allen St. Pierre to Step Down as Head of NORML. After nearly a quarter-century as the group's executive director, St. Pierre is calling it quits. He's now a husband and a new father, and paying for a family lifestyle "is not possible while working for NORML," he said. Thank you, Allen, and best of luck in the future.

Alaska Regulators Give Preliminary Approval for Take-Away Marijuana at Cannabis Clubs. The Marijuana Control Board has amended its draft regulations for on-site consumption at pot retail shops to allow customers to purchase pot, consume some on-site, and then leave with the rest of the purchase. Before the amendment was accepted, previous language said customers "may not" leave the premises with any unused product. These are still just draft regulations.

California Prosecutors Announce Opposition to Prop 64. Now there's a shocker. The board of directors of the California District Attorneys Association has voted unanimously to oppose Prop 64, the Adult Use of Marijuana Act (AUMA) legalization initiative. The DAs warned of "dangerously impaired drivers getting behind the wheel and injuring or killing innocent Californians" and said the initiative would allow "drug dealers" to "infiltrate" the legal marijuana industry by not barring people with previous marijuana convictions.

Massachusetts Legalization Opponents Kick Off Campaign. Some of the state's leading politicians, including Gov. Charlie Baker (R), Boston Mayor Marty Walsh (D), and House Speaker Robert DeLeo (D) Friday formally launched their campaign to defeat the legalization initiative sponsored by the Campaign to Regulate Marijuana Like Alcohol. The kickoff was set for a "recovery high school" Friday afternoon.

Washington State Recreational Pot Sales At Billion Dollar Mark. The Seattle Post-Intelligencer reported Friday that sales have surpassed $1 billion since weed was legalized in in 2014. The official state website said sales were only $979,937,722, but whatever the precise figure, marijuana is now Washington's billion dollar baby.

Medical Marijuana

Arkansas Medical Marijuana Amendment Supporters Hand in Signatures. Backers of a proposed constitutional amendment to allow medical marijuana turned in more than 106,000 signatures to state officials Friday, the last day for turn-ins. They need nearly 85,000 valid voter signatures, so this is going to be a nail-biter. Earlier this week, a competing medical marijuana initiative from Arkansans for Compassionate Care qualified for the ballot.

Chronicle AM: Supremes Open Door to More Lawless Searches, CA Dems Endorse AUMA, More... (6/20/16)

The Supreme Court hands down a pair of rulings supporting law enforcement powers, the California and Arizona marijuana legalization efforts gain powerful endorsements, the feds give up on trying to bust Fedex for shipping prescription pills, and more.

Marijuana Policy

Arizona Congressman Endorses Legalization Initiative. US Congressman Ruben Gallegos (D-Phoenix) announced Monday that he is endorsing the legalization initiative from the Arizona Campaign to Regulate Marijuana Like Alcohol. "Forcing sales of this plant into the underground market has resulted in billions of dollars flowing into the hands of drug cartels and other criminals," Rep. Gallegos said. "We will be far better off if we shift the production and sale of marijuana to taxpaying Arizona businesses subject to strict regulations. It will also allow the state to direct law enforcement resources toward reducing violence and other more serious crimes."

California Democratic Party Endorses Legalization Initiative. Meeting in Long Beach over the weekend, the executive committee of the state Democratic Party voted to endorse the Adult Use of Marijuana Act (AUMA). The initiative would legalize the possession of up to an ounce of weed, allow limited personal cultivation, and allow regulated commercial cultivation and sales.

Colorado Health Department Reports No Increase in Youth Use. Marijuana use among high school students in the state has not increased since legalization, the Health Department reported Monday. The report was based on a statewide student survey. It found that 21% of students had reported using marijuana, in line with earlier figures from the state and below the national average of nearly 22%.

Medical Marijuana

Congressional Pot Fans, Foes Work Together on New Research Bill. Legalization opponent Rep. Andy Harris (R-MD) is joining forces with Congress's "top legal pot advocate," Rep. Earl Blumenauer (D-OR) to file a bill to overhaul federal policies on marijuana research. The bill would make it easier for scientists to conduct research on the medical use of marijuana. It hasn't been filed yet, but is expected this week.

Arkansas Initiative Campaign Hands in Signatures. Supporters of the Arkansans for Compassionate Care medical marijuana initiative handed in more than 110,000 raw signatures to state officials in Little Rock Monday. The initiative only needs some 67,000 valid voter signatures to qualify for the November ballot. If as many as 30% of the signatures are found invalid, organizers would still have enough signatures to qualify.

Asset Forfeiture

Oklahoma Governor Delays Using Card Readers to Seize Money. In the wake of a furious outcry over the Highway Patrol's recent use of ERAD card-reading devices to seize money from debit and credit cards, Gov. Mary Fallin (R) last Friday directed the secretary of safety and secure to delay using the the card-readers until the state can develop a clear policy for their use.

Law Enforcement

Supreme Court Opens Door to More Lawless Police Searches. In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the weight of the federal criminal justice system to come down on small-time criminals whose cases would normally be the purview of local authorities on the other. Taken together, the decisions show a high court that once again give great deference to the demands of law enforcement.

Feds Drop Drug Trafficking Case Against Fedex. Federal prosecutors in San Francisco last Friday suddenly moved to drop all criminal charges against the delivery service, which they had accused of knowingly delivering illegal prescription drugs. In court, presiding Judge Charley Breyer said the company was "factually innocent" and that the DEA had failed to provide it with the names of customers who were shipping illegal drugs. "The dismissal is an act, in the court's view, entirely consistent with the government's overarching obligation to seek justice even at the expense of some embarrassment," Breyr said, according to a transcript of the hearing.

Chronicle AM: Bratton Blames MJ for Prohibition Violence, Opioid Prescriptions Decline, More... (5/23/16)

Bill Bratton misses the point on prohibition and violence, Nebraskans will have to wait for medical marijuana, Fentanyl is displacing heroin in Vancouver, and more.

NYPD Commissioner Bill Bratton (Creative Commons)
Marijuana Policy

New York City's Top Cop Blames Marijuana Legalization -- Not Prohibition -- for Black Market Violence. NYPD Commissioner Bill Bratton Sunday criticized states that have legalized weed because there is violence around the black market in his city, which hasn't legalized weed. "Here in New York, the violence we see associated with drugs, the vast majority of it, is around the issue of marijuana, which is ironic considering the explosion in use of heroin now in the city," Bratton said. "Interestingly enough, here in New York City most of the violence we see -- violence around drug trafficking -- is involving marijuana and I have to scratch my head as we are seeing many states wanting to legalize marijuana, and more liberalization of policies."

Medical Marijuana

No Medical Marijuana Initiative for Nebraska This Year. Cornhusker medical marijuana advocates have decided to delay a petition drive to get the issue on the ballot until 2018. They cited the late start this year and the expense involved.

Rhode Island Senate Approves Adding PTSD to List of Qualifying Conditions. The Senate last Friday unanimously approved a bill that will add PTSD to the list of debilitating medical conditions that qualify a patient for medical marijuana. The bill now heads to the House.

Heroin and Prescription Opioids

Opioid Prescriptions are Falling for the First Time in 20 Years. Two reports from health information providers show that opioid prescriptions have declined in recent years. IMS Health reported a 12% decline in opioid prescriptions nationally since 2012, while Symphony Health Solutions reported an 18% drop during those years. IMS said prescriptions have fallen in 49 states, with only South Dakota showing an increase. The figures could have implications not only for overdose and addiction rates, but also for pain patients. "The climate has definitely shifted," said Dr. Daniel B. Carr, the director of Tufts Medical School's program on pain research education and policy. "It is now one of reluctance, fear of consequences and encumbrance with administrative hurdles. A lot of patients who are appropriate candidates for opioids have been caught up in that response."

International

In Vancouver, Heroin Has Been Displaced by Fentanyl. The synthetic opioid has been identified in half of all drug overdoses in the city this year, which is on track to exceed last year's drug overdose toll. Advocates for drug users in the city's Downtown East Side say there's no more heroin on the street after it has been pushed out by the cheaper and more potent Fentanyl. "Traditionally, heroin comes in about four different colors,"said the longtime drug advocate Hugh Lampkin of the Vancouver Area Network of Drug Users, describing a bland palette of beiges, browns and blacks. "Well now you're seeing multiple colors, like colors of the rainbow: green and pink and orange and white... Right away, when you see these colors that's a pretty good indicator that it's fentanyl that you're doing. The people who are controlling the supply, they're passing off what should be heroin as fentanyl because of the close proximity of the high."

Afghans Celebrate Bumper Opium Harvest. Hundreds of laborers from across the Pashtun heartland gathered in Naqil, Uruzgan province, to harvest a bumper crop of opium poppies and celebrate with after-work games in a festival-like atmosphere. "This is the only time of the year to make money," said Afzal Mohammad, who came all the way from Kandahar, standing amid chest-high poppy stalks nearby. "People work here for about 15 days and then are jobless for the rest of the year."

Chronicle AM: Top Cops Call for Sentencing Reform, GOP Senators Split On Reform, More... (1/20/16)

GOP legislators are busy filing retrograde drug bills across the land, from chipping away at medical marijuana in Arizona to public benefits drug testing bills in several states. Meanwhile, a battle looms over federal sentencing reform.

The fight is heating up over a federal sentencing reform bill. (nadcp.org)
Marijuana Policy

Missouri Legislators Face Plethora of Marijuana Bills. The legislative session has barely started, but lawmakers in Jefferson City have already filed nearly 20 bills aiming at reforming marijuana policy. The bills range from legalization and medical marijuana to barring asset forfeiture in pot cases and expunging the record of nonviolent offenses, including marijuana offenses. Click on the link to see the whole list.

Medical Marijuana

Arizona GOP Legislators Try to Chip Away at Medical Marijuana Access. Rep. Kelly Townsend (R-Mesa) has filed House Bill 2061, which would bar pregnant women from qualifying for the medical marijuana program, and Rep. Jay Lawrence (R-Scottsdale) has filed House Concurrent Resolution 2019, which removes homeopaths and naturopaths from the list of doctors who can issue medical marijuana recommendations.

Fix in the Works for California's Medical Marijuana Local Regulation Deadline. Legislators are working to fix a provision of the medical marijuana regulation law that requires localities to pass their own rules by March 1 or face loss of regulatory control to the state. The provision has caused a stampede of cities and counties seeking to get measures in place by that date, with most of them resorting to simple bans. The Senate Finance Committee last week passed a bill to remove the date.

Drug Testing

Indiana Unemployment Benefits Drug Testing Bill Filed. State Sen. Jon Ford (R-Terre Haute) has filed Senate Bill 245, which would require people applying for unemployment benefits to undergo drug testing if they were fired for drug use or if they work in an occupation the federal Bureau of Labor has determined is one where drug testing is common. The bill had a hearing set for today.

West Virginia Food Stamp Drug Testing Bill Advances. A bill that would require drug testing of food stamp recipients passed the Senate Committee on Health and Human Resources Tuesday and now heads to the Senate Finance Committee. The bill would only require testing of those for whom state officials had a "reasonable suspicion" were drug users. The measure is Senate Bill 6.

Sentencing

Police Chiefs, Prosecutors Urge Congress to Pass Criminal Justice Reform. More than 70 top police chiefs and prosecutors organized as Law Enforcement Leaders to Reduce Crime and Incarceration today called on Congress to pass sentencing reform. They are urging support for the Sentencing Reform and Corrections Act of 2015 (Senate Bill 2123). The letter comes on the same day the Senate Judiciary Committee holds a major hearing on criminal justice reform. "Today, law enforcement leaders from across the nation join together to let our lawmakers know that reforming federal mandatory minimum sentences will help keep down crime and unnecessary incarceration. As police chiefs and prosecutors, our first priority is public safety. But we know first-hand from our experience that our country's high levels of incarceration are not making us safer," said the letter they sent out today.

GOP Split on Mandatory Minimums Threatens Sentencing Reform Bill. Sen. Majority Leader Mitch McConnell (R-KY) is keeping mum about how he plans to proceed on the bill, which is cosponsored by several Republicans. GOP hardliners are balking, threatening passage of the measure. "I don't think it’s a healthy thing to do," said Sen. Jeff Sessions (R-AL), a fervent opponent of the justice bill. "If we lay off drug prosecutions, we're going to see even more murders and crimes, deaths and destruction. I think we need to slow down, be careful about this." The bill had appeared to be one of the few areas where bipartisan support could ensure passage, but now GOP support looks to be eroding.

International

Indian Has a Booming Industry Manufacturing New Psychoactive Substances. Recent raids by drug police have uncovered a domestic party drug manufacturing industry cranking out drugs by the ton. Police busted more than 1,200 pounds of mephedrone in one bust, 750 pounds in another, and more than 2500 pounds of ketamine in yet another. The drug makers are behaving like legitimate drug manufacturers, finding factories, chemists, and workers, then obtaining licenses to manufacture legitimate drugs, then cranking out party drugs.

Costa Rica Court Clears Activist of Marijuana Cultivation Charges. In a case that could be a step down the path to decriminalization, a court refused to convict Cerdas Salazar on drug trafficking charges for growing his own marijuana. Police contended he grew for sale, but provided no evidence of that. "Yes, marijuana cultivation is illegal; nonetheless, it is not a crime if it is not utilized for sale," the judge hearing the case, Carolina Leitón, said.

Black Lives Matter Makes A Powerful Connection With Racist Drug War [FEATURE]

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

The Black Lives Matter movement sprung out of the unjust killings of young black men (Trayvon Martin, Eric Garner, Michael Brown), either at the hands of self-styled vigilantes or police. But as the movement blossomed and matured, BLM began turning its attention to a broader critique of the institutional racism behind police violence against the black population.

While the war on drugs plays a central role in generating conflict between the black community and law enforcement, the critique of institutional racism in policing and the criminal justice system necessarily implicates the nation's drug policies. The grim statistics of racially biased drug law enforcement are well-known: blacks make up about 13% of the population, but 30% of all drug arrests; blacks account for nearly 90% of all federal crack cocaine prosecutions; black federal crack offenders were sentenced to far more prison time that white powder cocaine offenders; blacks and other minorities are disproportionately targeted in traffic stop and stop-and-frisks despite being less likely than whites to be carrying drugs, and so on.

People who have been spent careers working in the drug reform movement didn't need the publication of Michelle Alexander's The New Jim Crow to understand the corrosive and screamingly unfair impact of drug war racism on black communities, but the 2010 broadside helped open eyes outside the movement and deepened the visceral impact of drug war racism for those already in the trenches. The book continues to reverberate. And now, Black Lives Matter is bringing a whole new sense of energy and urgency to the issue.

Despite efforts by leading drug reform groups like the Drug Policy Alliance, the world of drug reform remains overwhelmingly white. With marijuana legalization proceeding at a rapid pace and business opportunities emerging, the unbearable whiteness of the marijuana industry is becoming an increasingly high-profile issue.

Last month, Black Lives Matter activists released Campaign Zero, a comprehensive platform for curbing police violence and reforming the criminal justice system in the US. The platform does not explicitly call for ending the war on drugs, but drug war policies and policing techniques are inextricably intertwined with the policing problems (and solutions) it identifies. Campaign Zero calls for decriminalizing marijuana within the context of a broader call for moving away from "broken windows" policing, as well as demanding an end to mass stop-and-frisk and racial profiling policies, both impelled in large part by the drug war. It also calls for an end to "policing for profit," whether through issuing tickets for revenue-raising purposes or through another drug war creation, the use of civil asset forfeiture to seize cash and goods from people without convicting them of a crime (sometimes without even arresting them).

Most of the other Campaign Zero policy proposals regarding police use of force, militarization and community control don't directly address the war on drugs, but because the drug war is so pervasive, it is implicated with them as well. According to the FBI, drug offenses were the single largest category of arrests made, constituting 1.5 million of the 11 million arrests nationwide last year.

How does a mostly white drug reform movement that is already intellectually aware of drug war racism, and that has used it to its advantage in efforts like the Washington, DC marijuana legalization fight and the struggle to roll back harsh mandatory minimum drug sentencing laws, deal with Black Lives Matter? To its credit, the Drug Policy Alliance took a big whack at it during last month's International Drug Policy Reform Conference in suburban Washington. While race and the drug war were an issue at numerous sessions during the conference, a Live National Town Hall on "Connecting the Dots: Where the Drug Policy Reform Movement and the #BlackLivesMatter Intersect" brought a laser-like focus to the topic. And it was a hot topic -- event organizers had to move the event to a larger room at the last minute when it became evident that hundreds of people were determined to be there.

They came to hear from a panel that included BLM co-founder Patrice Cullors, Break the Chains: Communities of Color and the War on Drugs founder and executive director Deborah Peterson-Small, NAACP Legal Defense Fund senior organizer Lumumba Bandele, DPA policy manager Kassandra Frederique, and St. Louis hip-hop artist T-Dubb-O. DPA program director Asha Bandele was the moderator.

People have to open their minds to new paradigms, the panelists warned. "People are so wedded to the institution of policing they can't even imagine something different, something radical," said Cullors. "We have to transform the way our communities have been completely devastated by the war on drugs."

"We are at a historic moment right now, a moment where freedom looks different to people than how it looked before," said Peterson-Small. "Harriet Tubman famously said she could have freed more slaves if the people only knew they were slaves -- that's the psychology of enslavement. What we need now is a conversation about white people who believe they're free when they're not," she said.

"We black people already know we're not free," Small continued. "I worry about the people who believe they're free, the people who think the police are your friends, that they're here to serve and protect you. You have a lot of illusions about the role of police in your lives."

The legacy of slavery lives on all too vividly in the modern criminal justice system, she said.

"Policing is the way white America continues to replicate the cycle of enslavement, the power dynamic on which this society is based. Every time a black man is arrested, it's a reenactment of that dynamic," Peterson-Small said.

"We believe in two incompatible things," she told the audience. "We believe that we live in a free and democratic country where anyone who works hard can succeed, but we also know we live in a country established by and for the benefit of white men. White folks are in denial about that incompatibility, but it's no longer possible to pretend something that's been going on for 200 years hasn't been happening."

Removing the blinders from white people's eyes is part of the struggle, she said. "Our fight for freedom is your fight for freedom. Oppressed people have to be the agent and catalyst of freedom for their oppressors," she told a rapt crowd.

DPA's Frederique talked about the imperative she felt to make the connection between her work as a drug reformer and the broader issue of racism in America in the wake of the Trayvon Martin killing.

"We can't wait to make the connection, I needed to understand how to make the connection," she said, "but I was without words. Now, I locate the work I do as racial justice. If we're going to continue to say that the war on drugs is war on people of color, if we continue to get nontraditional allies and say marijuana legalization is a civil rights issue and how we are winning, I find it hard to believe the idea that we can win the war on drugs without winning the war on people of color. If we think that, we're doing something wrong."

"Drug policy reform needs to systematically disrupt and destroy institutional racism," she said. "If we don't, we can't ask black people to sit at the table."

But as moderator Asha Bandele noted, it's not just white racism that's holding down black people when it comes to drug policy. "Respectable" black people have been a bulwark of the drug war, too. If you just obey the law, you won't get in trouble, they say, looking down their noses at their troublesome brethren.

That's wrongheaded, said Peterson-Small. "If we were having this conversation 135 years ago, people would have said the same thing about the pig laws as we say now about the crack laws," she said. "We've always been in a war for our survival in this country. The only reason we are here is to be a source of economic profit for other people."

Alluding to Poland's WWII-era Lodz Ghetto, Peterson-Small warned that meekly complying with harsh and arbitrary authority to ensure the survival of the community can end up with the elimination of the community.

"We've got to stop drinking that Kool-Aid," she said. "When we as a community are willing to stand up for the brother with a blunt and a 40 the way we did with Trayvon, they won't be able to keep us down."

"Just look at me," said hip-hop attired T-Dubb-O. "I have a dream, too. I don't want to be a hashtag, I don't want to sell drugs, to kill somebody who looks like me. It's the system of white supremacy that puts me in that mind state. When you talk about the war on drugs, that school-to-prison pipeline, that's what gives them that mind-state," he said.

"We don't own no poppy farms, but now we have a heroin epidemic," he said. "The murders you see in Chicago, those killings in St. Louis, that's heroin."

T-Dubb-O took drug war solidarity to the next level, mentioning the case of the 43 missing Mexican student teachers presumably killed by drug gangs working in cahoots with corrupt local politicians.

"We have to have an international vision of the people who are repressed," he said.

In response to an audience question, Peterson-Small got down to nuts and bolts. If we want to dismantle racism, drug policy provides a space to apply harm reduction to the problem.

"The work that really needs to be done is for people to understand that we're not the ones who need fixing," she said. "All of us have been infected by this thing. If we apply harm-reduction principles, we would focus on what is the intervention, not who is the racist. It's a course of treatment, not a weekend of racial sensitivity training."

The National Town Hall is just a beginning. We still have a long way to go.

South Dakota Law Can Get You Busted for Using Marijuana in Another State [FEATURE]

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

South Dakota's Flandreau Santee Sioux Tribe announced over the weekend that it was suspending operations on its marijuana resort set to open on New Year's Eve and that it had burnt its pot crop. The tribe said it was seeking "clarification" from the Justice Department to ensure "the continued success of the marijuana venture."

The move comes as at least three other Indian tribes that have embarked on marijuana operations after the Justice Department seemingly gave them a green light last year have been raided by the DEA, a Justice Department agency. At this point, Indian tribes have reason to be nervous about what the federal stance really is.

But the Flandreau pot operation also drew fast and intense opposition from the state's Republican political establishment and law enforcement figures. And that opposition has brought renewed attention to one of the most bizarre state marijuana laws in the land, South Dakota's "internal possession" law.

As Republican state Attorney General Marty Jackley warned -- twice -- when the tribe announced its plans in June, "South Dakota law prohibits the internal and physical possession, distribution, and manufacture of marijuana by: (1) all non-Indian persons anywhere in South Dakota including within Indian country; (2) all persons, including tribal members, outside of Indian Country."

The sheriff and prosecutor of Moody County, where the Flandreau reservation is located, reiterated Jackley's point.

"Bottom line," said Sheriff Troy Wellman, "if you're non-native, it's illegal for you to have marijuana in your system, regardless of whether you're on tribal ground."

"If you are a non-tribal member that goes over onto that property and ingests marijuana in any form, you are breaking the laws in the state of South Dakota," Moody County State's Attorney Paul Lewis added.

If you do this in Denver, it get could get you busted in Deadwood.
They're not kidding. Under a state law passed in 2001 and upheld by the state Supreme Court in 2004, you can be arrested, tried, and convicted for having marijuana in your system, even if you ingested it in another state or country (or Indian reservation).

Someone who legally smokes marijuana in Colorado and then drives across the prairie to South Dakota can be charged with the crime of having smoked marijuana elsewhere. It's the same for medical marijuana patients in states bordering South Dakota. Someone who holds a Minnesota or Montana medical marijuana card, uses his medicine, and then travels to South Dakota can be charged with the crime of having medicated where it is legal.

Here is the law:

22-42-15. Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation. Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in § 35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused.

A Class 1 misdemeanor in South Dakota is punishable by up to a year in jail and/or a $2,000 fine. That's the same penalty as for simple marijuana possession.

Note that the law specifically allows for prosecuting people for internal possession either where they ingested the substance or where it was detected.

It's not that the cops in South Dakota are randomly accosting passersby and demanding they submit to drug tests -- probable cause is needed -- but what typically happens is that someone is arrested and police then intimidate him into consenting to a urine drug test during booking. The person is then hit with another criminal charge -- internal possession -- providing more leverage for prosecutors during plea negotiations.

"The cops took me downtown and said if I didn't piss for them, they'd stick something in my dick and take it by force," Huron resident Dave Johnson said of his 2003 internal possession bust. "They were going to take it forcefully -- that's what they told me. So I said okay."

That's still how it works. People being booked into jails are told they need to provide a urine test, and if they demur, they are threatened with a court order and the prospect of forced drug testing. Of course, consenting to such drug tests makes it impossible for defense attorneys to challenge them in court, but agreeing to be tested means not only is the prospect of a forced drug test avoided, but also that the defendant will likely be booked and released instead of being held until he can appear before a judge for a warrant hearing.

Get popped for pot possession in South Dakota and count on getting popped for "internal possession," too. (wikimedia.org)
"I defend a lot of drug cases," said Huron attorney Ron Volesky, "and I've defended several of these urine sample cases, but I haven't yet seen an instance where we could challenge a court order because everyone has voluntarily consented. As a practical matter, when the police pick someone up they say, 'Look, we can do it the hard way or the easy way; you can voluntarily consent because we have probable cause, or we can wake up the judge, have him sign an order, and take you down and have you catheterized.' They basically threaten you," said Volesky.

While South Dakota residents are the most frequent victims of the state's internal possession law, it could happen to anyone, especially visitors unaware of the law. And they don't even have to get arrested for something to face a possible prosecution. Imagine you're a medical marijuana patient visiting Rapid City for a shopping trip and your car gets T-boned by a drunk driver who runs a red light. Hospitals routinely test the blood of accident victims. Congratulations, you've just become a criminal.

South Dakota, where you can get busted for something you did legally elsewhere. Probably not a slogan the state tourism board is going to select anytime soon.

SD
United States

Double Standard? Marijuana or Hemp? DEA Indian Tribe Raid Raises Questions [FEATURE]

This article was produced in collaboration with AlterNet and will appear at http://www.alternet.org/drugs/.

Taking advantage of a 2014 Justice Department memo giving Indian tribes a green light to participate in marijuana commerce, as well as a 2014 congressional vote allowing for industrial hemp pilot programs, Wisconsin's Menominee Tribe earlier this year planted some 30,000 cannabis plants as part of a pilot project with the College of the Menominee Nation.

Last Friday, the DEA came and cut them all down.

The DEA says the plants were marijuana plants; the tribe says they were hemp plants. In either case, tribal officials and marijuana reform advocates don't understand why the grow was raided. Even if it were marijuana, it appears to be an operation well within Justice Department guidelines. And that's leading to some pointed questions about whether the feds have one standard for pot-legal states and another for the tribe-legal jurisdictions.

The memo that allows for marijuana commerce on the reservation includes eight potential enforcement triggers first formulated in a 2013 Justice Department memo (the Cole memo) advising federal prosecutors to lay off of recreational and medical marijuana operations in states where they are legal. Those triggers include diversion to other localities, money going to organized crime, and violence associated with the trade, among others.

The raid came after the tribe allowed a Bureau of Indian Affairs employee and local police to inspect the operation and take plant samples. And that visit came after a meeting between the BIA agent, the local cops, and an assistant US attorney.

According to the DEA affidavit for a search warrant, the samples tested positive for "marijuana," although there was no measurement of THC levels in the plants.

Industrial hemp is high in fiber, but low in THC, with levels at 0.3% or less. Pot produced for the recreational market, by contrast, typically has THC levels of 15% to 20% and beyond. There is a possibility some of the plants could exceed the 0.3% limit, but not by much.

The DEA affidavit also attempted to make a case that the hemp grow was violating those Justice Department triggers. The tribe had hired Colorado cannabis consultant Brian Goldstein to consult on its grow, and Goldstein, along with Tribal Chairwoman Ruth Wapoose, had in fact guided the feds and the local cops on their tour of the operation.

But Goldstein was "white," the affidavit noted, and several other people present appeared "non-native," and some vehicles had Colorado plates. This, the affidavit somewhat tortuously argued, violated the memo's provision about diversion from states where marijuana is legal to those where it is not. It seems to claim that hiring a cannabis consultant from a legal state is equivalent to importing pot from that state.

A field of hemp at sunrise. (votehemp.org)
The affidavit also stretched to assert the operation was setting off other enforcement triggers. The lack of ventilation in a drying room "is a health and safety concern for the community and the individuals associated with the operation, which is a violation of the enumerated priorities listed in the Cole memorandum regarding adverse public health concerns of marijuana cultivation," it argued.

But drying hemp stalks in closed barns is standard practice and is used by farmers around the country, including those who produced legal hemp crops this year in Colorado and Kentucky.

And security personnel guarding the property had guns, leading the BIA agent to question "the ability for the security team to have weapons for protection because it would violate the Cole memorandum."

Now, the grow has been destroyed, any decision on criminal prosecution is in the hands of federal prosecutors, and the tribe and other observers are wondering just what is going on. After all, the Menominee aren't the only tribe to take the Justice Department at its word, only to be raided down the road.

This past summer, the DEA hit two California tribes, the Pit River Tribe and the Alturas Indian Rancheria, seizing 12,000 plants. The feds alleged Cole memorandum violations including financing from a foreign entrepreneur and fears the marijuana would be distributed outside the reservations in ways that violated the state's medical marijuana law. And the US attorney in South Dakota a month earlier refused to agree to lift an injunction barring Oglala Sioux tribal member Alex White Plume from growing hemp, which the Oglala Sioux Nation has legalized.

Are the tribes being held to a different standard than states where it is legal? Has there been a policy shift at Justice? Are individual federal prosecutors going off the reservation?

Menominee Tribal Chairman Gary Besaw doesn't know, but he isn't happy about it.

"I am deeply disappointed that the Obama administration has made the decision to utilize the full force of the DEA to raid our Tribe," he said in a statement after the raid. "We offered to take any differences in the interpretation of the farm bill to federal court. Instead, the Obama administration sent agents to destroy our crop while allowing recreational marijuana in Colorado. I just wish the President would explain to tribes why we can't grow industrial hemp like the states, and even more importantly, why we don't deserve an opportunity to make our argument to a federal judge rather than having our community raided by the DEA?"

Neither was Eric Steenstra, head of the hemp industry advocacy organization Vote Hemp.

"The DEA action in this case is egregious, excessive and presents an unjust prejudice against Indian Country and the rights of sovereign tribal nations," he said. "The Menominee Indian Tribe cultivated their industrial hemp in accordance with Federal Law, per the legislation put forth in the Farm Bill. This is a step backward, at a time when great progress has otherwise been made toward legalizing and regulating industrial hemp cultivation."

In an interview with US News and World Report, tribal law expert Lance Morgan, a member of Nebraska's Winnebago tribe who has worked with tribal governments pondering marijuana operations, said the Cole memorandum guidelines are not being applied consistently and warned the Menominee raid would be remembered as a historic betrayal.

"How can you allow people to buy marijuana in a retail environment in some states and then raid an industrial hemp operation of a tribe? The only difference is that there is a tribe involved," he said. "This odd federal policy of encouraging investment and then raiding the new business sets us back a few decades in federal tribal trust and economic policy."

The raids against tribal pot operations will kill investment in such ventures, Morgan said.

"The new federal policy of 'sort of' allowing tribes to get into the marijuana business is especially cruel and unusual because it encourages investment, but after the investment is made the federal government comes and shuts it down and the investors lose all their money."

Tribal law expert and former head of New York's Seneca Nation Robert Odawi Porter agreed that there is at least the appearance of a double standard.

"This certainly suggests a real divergence in policy approach for Indian country," compared to the pot-legal states, which have been allowed to develop enormous marijuana industries, he said. "It increasingly looks like the Justice Department guidelines are not being interpreted in the same way as they were intended."

It seems like the Justice Department has some explaining and clarifying to do. Can the tribes participate in the new marijuana economy like that states, or not? And does the DEA accept the legal definition and status of hemp? If not, why?

Chronicle AM: Gallup Poll: 58% for Marijuana Legalization, MI Forfeiture Reforms Signed, More (10/21/15)

The trend toward supporting marijuana legalization is becoming ever more apparent, asset forfeiture reforms become law in Michigan, but get attacked by law enforcement in Tennessee, harm reductionists call on the UN to officially release a drug decriminalization document, and more.

Truckers and other labor groups are urging the House to reject hair drug testing. (wikimedia/Veronica538)
Marijuana Policy

New Gallup Poll Has Support for Marijuana Legalization at 58%. A new Gallup poll released today has 58% saying marijuana should be legal in the US. That ties the 58% reported by Gallup two years ago after support declined to 51% last year.The 58% figure is the highest ever recorded in a Gallup poll, and is consistent with majority support for marijuana legalization reported in other state and national polls in recent months. Gallup says that figure is likely to continue to increase, thanks both to younger residents being more likely to support legalization and the dying off of older Americans, who are more likely to oppose legalization. Click on the title link for our Chronicle news brief on the poll.

Asset Forfeiture

Michigan Governor Signs Asset Forfeiture Reform Package. Gov. Rick Snyder (R) Tuesday signed into law a seven-bill package aimed at beginning to rein in asset forfeiture abuses in the state. The bills don't end civil asset forfeiture, but increase the burden of proof required to seize and keep confiscated property and require law enforcement agencies to file annual reports documenting their seizure activities.

Tennessee Cops Lobby Against Asset Forfeiture Reform. Law enforcement officials Monday lobbied lawmakers to not adopt asset forfeiture reforms in the Volunteer State. Shelby County Prosecutor Steve Jones, said seizing assets to fund policing activities was "government at its best" and warned that changing the law would result in more crime. He wasn't the only one. Click on the link for more.

Drug Testing

Unions Fight Truck Driver Hair Drug Testing. The AFL-CIO's Transportation Trades Department is trying to stop a proposal that would allow hair drug testing for truck drivers. The proposal is included in a highway bill that passed the Senate in July. The union has no problem with urine testing, which has been in place since 1991, but says that hair testing is untested. "[Health and Human Services] has not approved hair specimen for use in drug tests, and no HHS-issued technical standards for hair testing exist -- and for good reason. Hair testing is not ready for primetime," the union said. The union argues that hair testing could cause positive test results from environmental exposure -- not just personal drug use.

West Virginia Lawmakers Continue to Ponder Welfare Drug Testing. Even though efforts to push through welfare drug testing have failed in the past, legislators Monday were back at it. At a hearing, state health officials told lawmakers fewer than 220 of 2,700 adults enrolled in the food stamp program were likely to use illegal drugs. The committee will continue to study the issue through the year, members said.

International

International Harm Reduction Conference Delegates Call on UN to Officially Release Leaked Drug Decriminalization Paper. More than 500 delegates at the International Harm Reduction Conference in Kuala Lumpur called on the UN Office on Drugs and Crime (UNODC) today to officially release a document proposing drug decriminalization. The paper had been leaked by Sir Richard Branson, prompting UNODC to say the paper was "not a final document." "The overwhelming support from our delegates today for the UNODC's drug decriminalization recommendations should embolden them to show brave leadership on this issue, and publish the document in its current form," said Rick Lines, head of the International Harm Reduction Association, which organized the conference.

Obama's Heroin Initiative: One Step Forward, Two Steps Back? [FEATURE]

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

The White House Monday announced a new initiative to combat heroin that will pair law enforcement and public health in what it called a bid to shift the focus of the fight from punishing drug addicts to treating them. Under the plan, drug intelligence officers will work with public health officials to track heroin supplies, how it gets to street-level dealers, and how and where it's getting cut with sometimes deadly adulterants.

The initiative has won support from some elected officials in states hard-hit by rising levels of heroin use and heroin overdose deaths. But drug reform advocates called it "one step forward, two steps back."

Under the plan, announced today as part of a High Intensity Drug Trafficking Areas (HIDTA) funding program by the Office of National Drug Control Policy, $5 million will go to "a broad range of efforts that will reduce the trafficking, distribution, and use of heroin," with half of that funding a Heroin Response Strategy involving an "unprecedented partnership" of five HIDTA programs -- Appalachia, New England, Philadelphia/Camden, New York/New Jersey, and Washington/Baltimore -- to fight smack.

Another $4 million in HIDTA funds will go toward prevention in 18 HIDTAs, including programs that feature "key partnerships between law enforcement agencies and their counterparts in public health and education," the announcement says. Another $1.3 million will go to five Southwest border HIDTAs "to enhance investigational efforts" against the Mexican trafficking organizations supplying most of the nation's heroin.

"The High Intensity Drug Trafficking Areas program helps Federal, state, and local authorities to coordinate drug enforcement operations, support prevention efforts and improve public health and safety," said ONDCP head Michael Botticelli. "The new Heroin Response Strategy demonstrates a strong commitment to address the heroin and prescription opioid epidemic as both a public health and a public safety issue. This Administration will continue to expand community-based efforts to prevent drug use, pursue 'smart on crime' approaches to drug enforcement, increase access to treatment, work to reduce overdose deaths, and support the millions of Americans in recovery."

Branded heroin packet from New Jersey (NJ State Police)
The funding will pay for 15 drug intelligence officers and 15 health policy analysts to work within the HIDTA programs. The narcs will gather information on trafficking patterns and trends and feed it to street-level law enforcement. The health policy analysts will increase overdose monitoring, look for dope cut with dangerous adulterants, and train first responders on how to use the opioid overdose reversal drug naloxone.

The announcement comes amidst rising clamor over heroin's comeback and increasingly lethality in recent years. While the causes of the increase in heroin use are multifaceted and debatable, the reality of it doesn't seem to be. According to the Centers for Disease Control in a report released last month, more than half a million people were using heroin in 2013, up 150% from 2007.

The number of heroin overdose deaths is climbing even faster. The CDC reported that fatal overdoses hovered around 2,000 a year in the early 2000s before doubling to around 4,000 in 2011, and then doubling again to 8,257 two years later in 2013.

The sound of more federal funding is music to the ears of politicians in states like New Hampshire, which saw more than 300 heroin overdose deaths last year and where Republicans and Democrats are squabbling over how much money to spend on drug treatment. Elected officials across the political spectrum had kind words for the initiative Monday.

People lining up to score in Chicago. (Chicago PD)
"While the announcement of additional federal support for New England is an important first step, we must see these resources move as quickly as possible and we will need continued engagement from our federal partners to help combat this pressing public health and safety challenge," said Gov. Maggie Hassan (D).

"Stemming the tide requires investments in prevention, treatment and recovery, and broad cooperation at the federal, state and local levels," said US Senator Jeanne Shaheen (D).

"Today's announcement is welcome news for New Hampshire and other New England states that are confronting this crisis," added US Senator Kelly Ayotte (R). "We must take a multi-pronged approach in this fight, and prevention is a key part of that."

But the Drug Policy Alliance (DPA) took a more skeptical view.

"Half of what they're doing is right -- the focus on health and overdose prevention -- but the other half, the side that focuses on the failed arrest and incarceration policies of the past is destined to ruin lives and fail," said Bill Piper, director of the group's office of national affairs.

DPA took particular exception to the use of the HIDTA program as a vehicle for addressing heroin use, noting that even though its mandate was originally to focus on high-level drug traffickers, its programs "lack congressional oversight and generally waste resources pursuing individuals engaged in low-level drug crimes."

HIDTAs came into being in 1988, with five being created to focus on "top priority" areas. But since then, the HIDTA program has swollen to 28 different regional HIDTAs covering more than 60% of the US population, including such major drug trafficking hotbeds as South Dakota and Wyoming.

And, thanks to Congress, since 1998, no HIDTA money can be spent on drug treatment. DPA and other advocates have pointed out that this statutory ban reduces program flexibility and access to treatment, and have called on Congress to repeal the ban, eliminate the HIDTA program altogether, or move it out of the White House and into the Justice Department and merge it with the Organized Crime and Drug Enforcement Task Force as the Bush administration once proposed.

If the Obama administration wants to really address drug use as a public health issue and not throw away more money on failed drug war policies, DPA had some suggestions:

  • "Shifting federal resources from enforcement and incarceration to treatment and public health program funding to save more lives and realize substantial savings for taxpayers. The federal government's drug control budget has increased exponentially throughout the years. Despite a recent change in rhetoric, the federal government still focuses the vast majority of its drug-related spending on interdiction, enforcement and incarceration.
  • "Committing more federal investments into naloxone access, overdose prevention, and greater access to methadone and buprenorphine and other forms of evidence-based treatment.
  • "Funding community-based initiatives such as Law Enforcement Assisted Diversion that reduce barriers to drug treatment and other health services.
  • "Removing barriers to methadone and other forms of medication assisted treatment in military treatment facilities that care for active duty and veterans.
  • "Investing more funding into making overdose prevention and medication assisted treatment available to incarcerated individuals who are at elevated risk of substance use and overdose.
  • "Eliminating federal legal barriers to research trials for supervised injection facilities and heroin assisted treatment."

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