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Chronicle AM: "Baby Bou Bou" Wins $3.6 Million Settlement, Pill Testing Battle Looms Down Under, More... (2/29/16)

Justice at last for Baby Bou Bou, Minneapolis decriminalizes, Ohio lawmakers resort to more drug war, Iran executes all the males in a village for drugs, Australian harm reductionists pledge to open a pill testing center at festivals despite government opposition, and more.

"Baby Bou Bou" before and after a Georgia SWAT team raided his home. (Family photos)
Marijuana Policy

North Dakota Legalization Activists Hand In Revised Initiative. Organizers of a marijuana legalization initiative that was earlier rejected by state officials resubmitted their proposal last Friday. The secretary of state now has about one month to review the petition and draft a summary that could be used during the signature gathering process.

Minneapolis Softens Pot Penalties. The city council voted last Friday to reducing small-time pot possession from a misdemeanor to a petty misdemeanor. Petty misdemeanors are not crimes under state law because they are not punishable by jail time. The move is more symbolic than anything, since pot possession is already a petty misdemeanor under state law.

Medical Marijuana

Georgia House Approves CBD Cannabis Oil Expansion, But Still No Legal Source. The House Monday approved House Bill 722, adding seven new conditions to the list of those qualifying to use CBD cannabis oil. But much to the dismay of bill sponsor Rep. Allen Peake (R-Macon), the bill does not allow for cannabis cultivation in the state. To obtain their medicine, patients must thus resort to violating federal law by importing the medicine. The bill now goes to the Senate.

Maryland House Approves Medical Marijuana Expansion Bill. The House last Friday approved House Bill 104, filed by Del. Dan Morhaim (D-Baltimore County). The bill would allow midwives, nurses, podiatrists, and dentists to certify patients for medical marijuana. The bill has no immediate practical implications because there are not yet any dispensaries open in the state. The bill now heads to the Senate.

New Mexico Reveals Names, Addresses of Medical Marijuana Growers, Sellers. The state Health Department has posted on its website the names and addresses of non-profits licensed to grow and sell medical marijuana in the state. The move is in response to a Freedom of Information Act request in a lawsuit brought by a reporter and a public interest group.

Law Enforcement

Family of Infant Injured in Georgia Drug Raid Wins $3.6 Million Settlement. The family of "Baby Bou Bou" Phonesavanh, who was burned by a flash bang grenade during a misbegotten, failed drug raid in Cornelia in May 2014, has been awarded $3.6 million in damages. No police were charged in the raid, which hit the wrong home. The infant's medical bills are estimated at $1 million. The Georgia county where the raid took place refused to pay them.

Sentencing

Ohio Bill to Heighten Punishments for Drug Dealers is Moving. The measure, House Bill 171, would lower the threshold for labeling someone "a major drug offender" from 250 grams of heroin to 100 grams. It passed the House last year and is currently in Senate committee hearings. The Office of the Ohio Public Defender and the ACLU of Ohio are opposing the measure, arguing that is just another criminalizing response to what should be viewed as a public health and safety issue.

International

Poll Finds Strong Majority of Canadians Support Pot Legalization. A new Globe & Mail poll has support for legalization at 68% nationwide, with majority support (55%) even in the conservative-leaning prairie provinces. Liberal Prime Minister Justin Trudeau has promised to legalize it and has called on former Toronto Police Chief Bill Blair to come up with the best model for legalization. The poll found Canadians split on home cultivation, with 49% in favor and 48% opposed.

Iran Executed Every Adult Male on Drug Charges in One Village. Iranian Vice President for Women and Family Affairs Shahindokht Molaverdi told the semi-official Mehr news agency last week that every adult male drug crimes were rampant in some areas, including "a village in Sistan and Baluchistan province where every single man was executed." Molaverdi pointed to the executions as an example of the government failing to deal with drug trafficking in its southern regions and said Tehran needs to better support the families of those executed. "Their children are potential drug traffickers as they would want to seek revenge and provide money for their families,” she said. "There is no support for these people. We believe if we do not support these people, they will be prone to crime."

Australian Festival Pill Testing Battle Heightens. Harm reductionists seeking to reduce deaths and injury among music festival goers are planning an unsanctioned pill testing scheme and will result to civil disobedience if necessary. The New South Wales government today reaffirmed its opposition to the pill testing pilot project, but activists said they will go ahead with a van staffed with toxicologists and shielded from police by barriers of supporters who will risk arrest to protect the testers from prosecution. The project is still months away from being implemented, though. 

The Most Outrageous Drug War Deaths of 2015 [FEATURE]

An as yet unnamed man killed by police in Rawlins, Wyoming, on December 30, after they were called to a convenience store about a person believed to be selling drugs in the parking lot, and Burlington, Vermont, resident Kenneth Stephens, 56, shot and killed by a state trooper and a DEA agent on December 22 when he met them with a rifle as they raided his apartment, were the last two people to make the Drug War Chronicle's drug war death toll tally, bringing it to 56 for the year.

This is the fifth year the Drug War Chronicle has tallied drug war deaths. There were 54 in 2011, 63 in 2012, 41 in 2013, and 39 in 2014. That's an average of just a hair under one a week during the past five years.

The Chronicle's tally only include deaths directly related to US domestic drug law enforcement operations -- full-fledged, door-busting, pre-dawn SWAT raids, to traffic stops turned drug busts, to police buy-bust operations. Some of the deaths are by misadventure, not gunshot, including several people who died after ingesting drugs in a bid to avoid getting busted and two law enforcement officers who separately dropped dead while searching for marijuana fields.

The dead included three other police officers, two Hattiesburg, Mississippi, cops gunned down in a traffic stop turned drug search in May and a Memphis cop gunned down over a $20 pot deal in August.

But 90% of the drug war dead are civilians. While some of the deaths are accidental and some are clearly justifiable, as when people are actually shooting at police, others are more questionable. Were all those guys in vehicles who got killed because police "feared for their lives" really trying to run down and kill cops over a drug bust, or were they just trying to get away?

And some are just downright outrageous -- one might even say criminal, although local prosecutors generally seem to disagree. In only one of the cases listed below was the police officer arrested, and in that case, she walked. Here are the worst drug war killings of 2015:

1. In February, Hummelstown, Pennsylvania, Police Officer Lisa Mearkle shot and killed David Kassick, 59, after he fled a traffic stop. Kassick was a relapsed heroin user who had done time in federal prison for heroin sales, and was carrying a needle and a spoon with residue on him. Video from Mearkle's stun gun shows her repeatedly tazing Kassick as he lay on his belly in the snow and yelling at him to show his hands as they jerk around from the tazing before firing two shots into his back four seconds apart. Mearkle was arrested on murder charges in April, but acquitted of murder charges in November.

 

Zach Hammond. Gunned down over his passenger's pot deal.
2. In March, Volusia County, Florida, Sheriff's Deputy Todd Raible shot and killed Derek Cruice, 26, during a dawn SWAT raid aimed at a small-time marijuana sales operation. Cruice, who was unarmed, was shot in the face. Police claimed they were "met with resistance and a shooting occurred," but Cruice's roommates vehemently disagreed. "He had no weapons on him or in the house," roommate Steven Cochran told the Daytona Beach News Journal. "Nobody was making any kind of resistance or keeping them from doing their job." Cruice wasn't even wearing a shirt, he said. "It's kind of hard to conceal anything or hide anything when this is all you have on. They entered the house and fired." Another roommate bluntly called the deputy's action's "murder." A grand jury directed by State Attorney R.J Larizza disagreed. In Ocober, it failed to indict Raible on any charge. Cruice was a popular figure in the local community, and there were protests over his death. The cops scored half a pound of weed and some cash, but no weapons in the raid.

3. Also in March, also in Florida, Putnam County sheriff's deputies shot and killed Andrew Anthony Williams, 48, as he attempted to flee in his vehicle from a "reverse sting." That's where cops pose as drug dealers, sell unwary customers small amounts of drugs, then arrest them. Deputies had successfully sold drugs to and arrested 10 people, but when they identified themselves and tried to arrest Williams, who was number 11, he declined. News 4 Jax had it this way: "…when they tried to arrest Williams, he took off in a blue SUV and, swerving to avoid deputies, ran into a tree. Williams then backed up and tried to take off again toward deputies causing four of them to open fire on Williams SUV, hitting him an unknown number of times."

Williams' death stinks for two reasons, First, reverse drug stings are a controversial tactic, sometimes arguably justifiable at the higher echelons of the drug trade, where selling sizeable quantities of drugs to a player to see where they go help crack a drug ring, but that logic isn’t at work here, where the only result is to round up some street drug buyers and drag them into the criminal justice system. Is having deputies pretend to be drug dealers to bust small-time users really the county's best use of its law enforcement resources?

And then there's the no-witness "he was going to run me over" defense used by the police to justify the killing. It happens not infrequently. Williams may have decided that getting busted on a minor dope charge was worth trying to murder a group of police officers with his vehicle. But could it have been that he was just trying to get away?

4. In April, 73-year-old Tulsa, Oklahoma, sheriff's Reserve Officer Charles Robert Bates shot and killed meth and gun trafficking suspect Eric Harris when he mistakenly opened fire with his pistol instead of his Taser. The shooting occurred in the midst of a struggle as Harris had attempted to flee on foot and there is no evidence that Bates intended to kill Harris, but the killing led to scandal over Sheriff Stanley Glanz's relationship with Bates and how the retiree volunteer managed to get in the middle of a Violent Crimes Task Force operation. Glanz was forced to resign in October and was indicted on a misdemeanor records tampering charge over his failure to release Bates' personnel records. Those records indicate that even though top sheriff's officials knew Bates wasn’t well-trained enough, they pressured others to ignore it. Bates himself was indicted for second degree manslaughter and goes on trial in April.

 

5. In July, Seneca, South Carolina, Police Officer Mark Tiller shot and killed 19-year-old Zachary Hammond. Hammond was behind the wheel of a car at fast food restaurant parking lot. He had driven there with a female passenger who was going to sell a small amount of marijuana to what turned out to be an undercover cop. Police said Hammond drove toward the officer, forcing him to fire, but that account was challenged by Eric Bland, an attorney representing Hammond's family. Bland said that the autopsy report showed that Hammond had been shot from behind and that the vehicle was not moving. The autopsy showed a first shot entering the teen's left rear shoulder and a second in his side five inches away that went through his heart and lungs before exiting his lower right side.

"It is clearly, clearly from the back," Bland said after viewing pictures of the bullet wounds at the coroner's office. "It is physically impossible for him to be trying to flee or run over the officer that shot him. This is a 19-year-old kid without a weapon in his car, clearly in the Hardee's parking lot on a date, and within five minutes he has two shots that appear to be in his back and his side, from an officer shooting him from the back -- and he's dead and this family needs answers."

The killing was egregious enough to spark a Justice Department investigation, which is still ongoing, but not enough to convince local prosecutors to go after Officer Tiller. In October, Solicitor Chrissy Adams declined to file criminal charges against Tiller. A federal wrongful death lawsuit filed by Hammond's family is pending.

 

 

Troy Goode. Authorities tried to blame his death on "LSD toxicity."
6. In September, a still unnamed member of an Akron, Ohio, SWAT team shot and killed Omar Ali, 27, during a raid on his hookah store. Police were investigating Ali for drug sales and domestic violence when they broke down the door to his business, then encountered him in the main room of his shop. Police said they ordered him to put his hands up, but he allegedly refused those commands and reached toward the back of his waistband. The unnamed SWAT officer then shot him. Police found no weapon in his waistband. What they did find was 2.8 grams of heroin and five doses of Suboxone hidden in his butt-crack.

7. In July, a group of police officers in Southhaven, Mississippi, arrested Troy Goode, 30, after he was behaving erratically under the influence of LSD he had ingested in anticipation of a Widespread Panic concert. His wife attempted to drive him home, but at some point, he got out of the car and began creating a disturbance. Police were called, and they chased and arrested him, hogtieing him face down on a stretcher. He was charged with resisting arrest, then taken in an ambulance to a hospital, where he died two hours later. In December, the State Medical Examiner ruled that Goode had died of "LSD toxicity," but given that there are no known cases of fatal LSD overdoses, that finding is hard to credit. Goode's family isn't buying it; they instead cite an,independent autopsy report that found Goode died after being hogtied and left prone for an extended period. That stress position caused him to have trouble breathing and, as his heart attempted to compensate, it went into cardiac arrhythmia. "He was suffocating. His heart increased into what is called tachycardia," family attorney Tim Edwards said. "There is no scientific basis to attribute his death to LSD. This was lethal force, putting someone in a prolonged hogtied position," Edwards said. "This was not a situation where a 300-pound man attacked a police officer in the dark. This was a science nerd." The family has asked the Justice Department to file a civil rights investigation and says it plans to file a lawsuit over Goode's death this month.

Three More Drug War Deaths This Month

A SWAT team member in Ohio shot and killed an unarmed businessman, and SWAT teams in South Carolina and Mississippi killed two more people in drug enforcement on the same day this week. There is also news on some past drug war killings.

This month's drug war killings bring the Drug War Chronicle's count of people killed in US domestic drug law enforcement operations so far this year to 49. The figure only includes people who died as a direct result of the drug war.

  • In Ohio, 27-year-old Omar Ali died October 5, two weeks after he was shot and wounded by a SWAT officer during a September raid on his Akron hookah store. Police were investigating Ali for drug sales when they broke down the door to his business, then encountered him in the main room of his shop. Police said they ordered him to put his hands up, but he allegedly refused those commands and reached toward the back of his waistband. The unnamed SWAT officer then shot him. Police found no weapon in his waistband. What they did find was 2.8 grams of heroin and five doses of Suboxone hidden in his butt-crack.
  • In Florida, a Jacksonville Sheriff's Office SWAT team shot and killed an armed drug suspect during a residential drug raid Wednesday afternoon. The dead man has not yet been named. Police said they were preparing to break down the door to the home when they encountered the man armed with a hand gun. He allegedly turned to confront them, and was then shot and killed by Officer Nicholas Rodgers. The dead suspect didn't fire a shot. Police said they found cocaine and more guns when they searched the residence.
  • In Mississippi, a drug suspect was killed and a deputy wounded during a Monroe County SWAT drug raid Wednesday morning. The dead man has not yet been identified. Sheriff Cecil Cantrell explained that it all began with a traffic stop: "Basically, we did a traffic stop on a vehicle and he had quite a bit of drugs in there, ice (crystal meth)," Cantrell said. "We talked to him and asked him where he got the drugs, and he told us where he bought them. And we got a search warrant and went down to this gentleman's house. When we got there the SWAT team went down to the house. When they got to the back door, he opened the door and started shooting, wounded one of my deputies. The deputies shot back. Those were seasoned deputies who were on that SWAT team, and they had no choice but to shoot back. And that person is deceased now."

Please note that in all three cases, as in many other cases of drug war violence, the only account available is that from police.

Meanwhile, there is also news on a pair of earlier cases of drug war deaths.

  • In California, the El Centro Police and four named officers are being sued over the 2012 death of Charles Sampson during a drug investigation. A police body camera video picked up police threatening to arrest Sampson and his family members if he didn't tell them where he had hidden drugs. Police also said a drug dog had alerted on the residence, but they later revised that statement, and they didn't find any drugs in the house. Sampson became ill, apparently after ingesting methamphetamine, but when family members called 911 for an ambulance, police told the dispatcher to ignore all calls from the house because Sampson was "putting on a show." Only two hours later was Sampson taken to a hospital, and only because a police officer ignored instructions to take him to jail. The lawsuit goes to trial in May 2016.
  • And in South Carolina, prosecutors declined to file criminal charges against the police officer who shot and killed unarmed teenager Zachary Hammond during a pot bust in July. Hammond was the driver of a car parked at a fast food restaurant, and the girl in the passenger seat had just arranged a pot deal with a person who turned out to be an undercover cop. When the cops pulled up, Hammond began to attempt to drive away and was shot twice by Officer Mark Tiller. Tiller claimed self-defense, although video showed Hammond's car already passing Tiller when he opened fire. But Solicitor Chrissy Adams said Tiller would face no charges.

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?

Medical Marijuana Update

Last week's reservation raid in California reverberates, dispensaries move a step closer in Maryland, a medical marijuana bill advances in South Carolina, and more.

California

Last Friday, the Pinoleville Pomo Nation responded to a raid on its collective grow operation. The tribe said Mendocino County Sheriff Tom Allman "overstepped his authority, violated tribal sovereignty, and acted outside of his legal jurisdiction" in the raid last Tuesday, in which deputies "seized and destroyed property that belonged to the tribe's cannabis collective." Allman argued that the operation was illegal because it was for profit, but the tribe says it will "seek all legal remedies against the Mendocino County Sheriff's Office" for damages from the raid.

Maryland

Last Thursday, the attorney general's office clarified that counties cannot ban dispensaries. Faced with an effort by Anne Arundel County Executive Steve Schuh to ban medical marijuana facilities in the county, the office of the attorney general issued a non-binding legal opinion saying that while state law allows counties to decide where such facilities may locate, it does not allow them to ban them.

On Monday, the state began taking applications for medical marijuana businesses. The Maryland Medical Cannabis Commission is accepting applications for state licenses for growers, processors, and dispensaries. The commission will issue 15 licenses for growers, up to 92 for dispensaries, and an unlimited number for processors. The deadline for applications is November 6, and dispensaries could be stocked and open by next fall. Click on the commission link for more details.

Minnesota

Last Friday, lawmakers and regulators got an earful from patients at a hearing. The task force overseeing the state's medical marijuana program heard from patients and providers at a hearing last Friday, with complaints about high prices and logistical problems getting lots of attention. Click on the link for more details.

South Carolina

Last Thursday, a medical marijuana bill won a Senate panel vote. A Senate Medical Affairs Subcommittee today approved Senate Bill 672 a full-fledged medical marijuana bill. The vote was unanimous. The bill will head to the full committee early next year. The state approved a CBD cannabis oil bill last year.

Oregon

Beginning Thursday, some dispensaries will start selling to non-medical users. More than half of the state's 345 medical marijuana dispensaries have told the Health Authority they plan to sell recreational marijuana starting Thursday, October 1. Recreational marijuana has been legal in the state since July 1, but recreational pot shops won't be open until next year, so the state is allowing dispensaries to fill the void.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Medical Marijuana Update

A sitting US senator addresses the marijuana industry, California cops raid an Indian reservation grow op, Florida signature-gathering for another initiative is well underway, and more.

National

On Monday, a US senator addressed an industry meeting and called for the feds to butt out. Sen. Kirsten Gillibrand (D-NY) spoke at the National Cannabis Industry Association meeting in New York and told industry professionals she is pushing a bill she cosponsored last March with Sens. Cory Booker (D-NJ) and Rand Paul (R-KY) that would bar the federal government from interfering with marijuana in states where it is legal, either medicinally or recreationally. "There's a conflict between state and federal statute that confuses doctors, patients and providers alike," she said. "People aren't sure what's legal, what's not, and the gray area that resulted is hindering health care and the industry's development."

California

Last Thursday, a union organizer was indicted on federal corruption charges. Dan Rush, a pioneer in organizing marijuana industry workers for the United Food and Commercial Workers (UFCW), was indicted on federal corruption, attempted extortion, and money laundering charges in Oakland. Rush is accused of using his position "to obtain money and other things" over a five-year period. He is accused of taking kickbacks from an attorney for referring medical marijuana business clients to him and of accepting $550,000 in debt forgiveness from a dispensary operator (who was also acting as an FBI informant at the time). Rush and his attorneys have denied the charges.

Last Friday, a state monopoly medical marijuana initiative was filed. Foes of marijuana reform in the Golden State have filed an initiative that would eliminate private marijuana cultivation and privately-owned dispensaries "in the interest of public safety." They would be replaced by one "state-owned cultivation site," which would supply "state-owned dispensaries." The initiative would also raise the minimum age for patients from 18 to 21. The initiative's proponents include anti-marijuana campaigner the Rev. Ron Allen, Citizens Against Legalizing Marijuana, and the Take Back America campaign.

On Tuesday, California cops raided an Indian reservation grow operation. Mendocino County sheriff's deputies Tuesday raided a commercial marijuana cultivation operation on the Pinoleville Pomo Nation reservation in Ukiah, cutting down about 400 plants, seizing about 100 pounds of trimmed buds, and an undetermined quantity of cannabis oil. The county maintains the operation is illegal under the state's medical marijuana laws.

Connecticut

Last Friday, dispensaries came a step closer to reality. The state Department of Consumer Protection announced that it has received 19 new applications for dispensaries in response to its June request. Three dispensaries will be selected to operate in New Haven or Fairfield counties.

Florida

Last Friday, initiative organizers said they had half a million signatures. The United for Care campaign to put medical marijuana on the ballot last year reports that it has already gathered 500,000 signatures. They need 683,149 valid voter signatures by February 1 to qualify. This is the same group that was behind the 2014 medical marijuana initiative, which garnered 58% of the vote, but came up short because constitutional amendments require 60% to pass.

Michigan

On Tuesday, a House panel advanced a package of medical marijuana bills. The House Judiciary Committee Tuesday passed a package of bills aimed at legalizing dispensaries and edible forms of medical marijuana. The bills have tighter rules than similar measures that failed last year, and some patient advocates are grumbling. Seed-to-sale tracking is one new addition; an 8% excise tax is another. Now it will be up to the legislature's GOP leadership to advance the bills or not.

New Jersey

On Monday, news came that the state will get a fourth dispensary. The state Department of Health has issued a permit for Compassionate Sciences in Bellmawr. It will becomes the state's fourth dispensary when it opens next month.

Pennsylvania

On Tuesday, patients and parents demanded action on pending medical marijuana legislation. Supporters of delayed medical marijuana legislation rallied at the state capitol Tuesday to urge solons to act on a pending bill. A bill passed the state Senate in May, and House leaders earlier this summer created a group to draft a version that would pass in the GOP-led chamber. Protestors urged House leaders to just hold a vote on the Senate-passed bill.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: CO Pot Sales Hit Another Record, Bolivia Pres Rejects US Drug Criticism, More (9/15/05)

Another month, another marijuana sales record in Colorado; Toledo votes on ending marijuana possession penalties today; Missouri activists eye a medical marijuana initiative, and more.

They're going to the polls over pot in Toledo today. (Facebook.com/SensibleToledo)
Marijuana Policy

Colorado Sets Another Marijuana Sales Record. More than $96 million worth of marijuana was sold in the state's legal marijuana and medical marijuana shops in July, up from the previous record of $85 million in June. Recreational sales were a record $56.4 million, while medical sales were more than $39.8 million. Both figures are records for the legal marijuana era.

Toledo Votes Today on Ending Marijuana Possession Penalties. Voters there will have the chance to approve Issue 1, the "Sensible Marijuana Ordinance" supported by Sensible Toledo. The ordinance would eliminate jail time and fines for possession of up to 200 grams of marijuana. Current municipal ordinances make possession of up to 100 grams a misdemeanor punishable by a fine and possession of up to 200 grams a misdemeanor punishable by up to 30 days in jail. Under Ohio state law, possession of up to 100 grams is decriminalized.

Medical Marijuana

Missouri Activists Aim at 2016 Medical Marijuana Initiative Instead of Legalization. The activist group Show Me Cannabis has announced it will try to put a medical marijuana initiative -- not a legalization initiative -- on the November 2016 ballot. They will need to come up with 160,000 valid voter signatures by next May to do it.

Las Vegas Dispensary Forced to Close Over Shortages After Test Samples Come Up Dirty. The only dispensary in the city, Euphoria Wellness, was forced to close its doors for almost a week after it ran short on marijuana because too many batches failed state-required contamination tests. The state basically allows no pesticides to be present, and about one-third of samples have failed, mostly over the presence of pesticides, but some for microbial contamination. The dispensary planned to reopen today.

Law Enforcement

Wisconsin GOP Lawmakers File Search Warrant, SWAT Bills. A pair of Republican state lawmakers, Rep. Dean Knudson and Sen. Duey Stroebel, announced today that they have introduced bills that would require police to develop policies for executing no-knock search warrants and require every police department with a SWAT team to report on each call-out and reason for deployment. The bills aren't yet up on the legislative website.

International

Bolivian President Rejects US Criticism, Calls US Drug Policy "Failed." President Evo Morales rejected the US claim that it had failed to live up to its drug control obligations, saying that the major failure of drug control was the US's war on drugs policy. "I think this [the US designation of Bolivia as not in compliance with anti-drug goals] is a political action by the US State Department. But if we are sincere, the policy of the US is a failure in the fight to control the drug traffic," Morales said. "I could talk of many countries of the world where there is this problem and how it has grown with the presence of the United States. This makes us think that, in truth, they use the struggle against the drug trade for political ends."

Chronicle AM: Utah SWAT Raids Almost All Drugs, Bolivia Reduces Coca Growing (Again), More (8/18/2015)

A Wisconsin tribe may legalize marijuana, Ohio foes line up against the legalization initiative there, more Washington state dispensaries will be forced to close, a Utah SWAT reporting law shows what those squads are up to -- and it isn't hostage situations or "active shooters" -- Bolivia coca growing down, and more.

Bolivian President Evo Morales had a few choice words for US drug policy. (wikimedia.org)
Marijuana Policy

Ohio Legalization Initiative Foes Get Organized. Business, children's advocacy, parents, religious groups, and other groups organizing to defeat the ResponsibleOhio marijuana legalization initiative have formed an opposition organization, No on 3. Some are opposing it because of its limitations on who could grow commercial marijuana; others, like the Ohio Children's Hospital Association, have more traditional plaints: "The legalization of marijuana in Ohio at this time and the way issue three proposes would set too dangerous of a precedent and put at risk the other three million kids in the state," said Nick Lashutka, president of the association.

Wisconsin's Menominee Tribe to Vote on Legalizing Marijuana. The Menominee, one of the poorest tribes in the country, are set to vote this week on whether to legalize and sell marijuana. The move comes after the state rejected the tribe's plan to build a casino in Kenosha. The Menominee say they are interested in marijuana to "Explore all opportunities to diversify the tribe's economy, create jobs, and provide revenue to the tribe necessary to fund health, education, social, law enforcement and and other important services."

Medical Marijuana

Most Tacoma Dispensaries to Be Shut Down. The city council this week decided to shut down most of the city's 60 unregulated medical marijuana dispensaries. The dispensaries have 45 days to close. After passage of Senate Bill 5052, which essentially folds the medical marijuana system into the recreational marijuana system, dispensaries and collective gardens will have to get licenses from the state beginning next July 1 or shut their doors.

Heroin and Opioids

Massachusetts Officials Want to Jack Up Penalties for Fentanyl. State Attorney General Martha Healey joined legislators and law enforcement officials at a press conference Tuesday to press for legislation that would double prison sentences for people caught in possession of more than 10 grams of the synthetic opioid fentanyl. People caught with large amounts of heroin face up to 30 years, but under a lacuna in state law, people caught with large amounts of synthetic opioids can only be charged with possession with intent to distribute, with a maximum sentence of 10 years. "By criminalizing the trafficking of fentanyl, we will give police and law enforcement the tools they need to get this deadly drug off the streets and out of the hands of those struggling with addiction," Healey said. Some 1,200 people died of drug overdoses in the state last year, and another 312 in the first quarter of this year. [Ed: Why 10 years isn't more than enough for almost any law enforcement purpose, especially in a time of mass incarceration when that type of sentencing is coming under increasing criticism from across the political aisle, is not clear. How sad that a Democrat and former civil rights official in a liberal state is campaigning for longer sentences.]

Law Enforcement

Utah SWAT Reporting Law Shows Overwhelming Majority of Deployments Were for Drug Raids. Utah passed a SWAT reporting law last year, and now the first numbers are in. They show that SWAT teams were deployed nearly twice a day (559 reported incidents, with 25% of agencies failing to report) and, most startlingly, 83% of all SWAT deployments were to serve search warrants for drug offenses. Two-thirds (65%) of the drug raid SWAT deployments either "no-knock" or "knock and announce" raids where police force entry into homes without giving residents a chance to just let them in. Much more at the link.

International

Bolivia Coca Production Falls for Fourth Straight Year. The UN Office on Drugs and Crime announced Monday that the amount of land devoted to coca production dropped by 11% last year, continuing a trend that has seen land devoted to coca drop by more than a third since 2010. President Evo Morales touted his government's approach as more effective than the US-led war on drugs. "Eradication and fighting a war on drugs with military bases is not the solution, as we've seen in some Andean countries, where there are US officials waging the war on drugs," he said. He was referring to the world's two largest coca and cocaine producers, Colombia and Peru, where eradication efforts have provoked sometimes bloody strife.

Four July Drug War Deaths

The recent drug war killing of South Carolina teenager Zachary Hammond is drawing national attention, but he wasn't the only one to be killed by police enforcing drug laws in the month of July. At least three others have been killed as well.

July's deaths mark the 33rd, 34th, 35th, and 36th persons to die in US domestic drug law enforcement operations so far this year.

Hammond's case appears especially outrageous -- it was a small-time pot bust, he wasn't even the target, and there is evidence he was shot from behind -- but the three other cases ought to also be cause for concern.

In two of them -- both young black men -- the victims were unarmed, but both cases also included automobiles as threats. In one, the dead man hit and injured an officer before fleeing on foot and then being shot while "reaching for his waistband" (no gun was found); in the other, the dead man attempted to flee in a deputy's police cruiser.

The third case -- a middle-aged white man -- appears more easily justifiable. The man allegedly fired at police coming to arrest him. But that begs the question of why police are arresting drug users and small-time sellers in the first place.

In any case, the combination of aggressive drug law enforcement, widespread access to guns, racially-tinged policing, and -- apparently -- cars, ensures that readers come back and read another story just like this one next month. At least now, in this period of intense scrutiny on police use of force, some of them will get the attention they deserve.

July's drug war dead:

Kevin Lamont Judson

On July 1, in McMinnville, Oregon, a Yamhill County sheriff's deputy shot and killed Judson, 24, after he fled a traffic stop, ran across the highway, and jumped into the deputy's car. He was unarmed.

According to KOIN TV, citing police accounts, a deputy stopped a motorist at 7:30 a.m., and during the stop, Judson bolted from the vehicle, dropped a meth pipe, and took off running. Deputy Richard Broyles chased him in his patrol vehicle, and the two were "involved in a struggle." Broyles shot Judson twice, killing him.

"At the time he was shot, (Judson) was alone in the driver's patrol vehicle," McMinnville police said in a release.

The Yamhill Valley News-Register quoted Yamhill County District Brad Berry as saying he didn't know if Judson was armed or trying to arm himself.

"I don't have that information," he said. "I'm not in a position at this time to state factually the sequence of events, and I won't be until the investigation is completed."

Surveillance video from a local business showed Deputy Broyles and Judson struggling at the vehicle's driver side door, but the video is truncated -- showing only the roof of the vehicle and the tops of their heads. Broyles appears to shoot Judson through the open door, and the vehicle then takes off in reverse, arcing backwards until it crashes into an antenna and stops.

Two weeks later, the Yamhill County District Attorney announced that the killing was justified.

Judson may have fled because not only was he in a vehicle with meth, he was already wanted for failure to appear on probation violation charge related to a 2011 meth possession conviction.

Clay Alan Lickteig

On July1, in Franklin, North Carolina, police officers serving a felony drug probation violation warrant shot and killed Lickteig, 52, after a confrontation at his home.

According to the Asheville Citizen-Times, citing police sources, Lickteig was standing in his driveway when officers arrived, threatened them, and refused to show his hands. They then tased him, and he pulled a pistol from behind his back and fired at them. The officers then returned fire, killing Lickteig.

One officer suffered a slight injury and was treated and released at a local hospital.

Two weeks later, the State Bureau of Investigation and the Macon County District Attorney's Office announced that the killing was justified.

Victo Larosa

On July 2, in Jacksonville, Florida, Jacksonville Sheriff's Office undercover officers doing a day-long operation targeting street drug sales shot and killed Larosa, 33, after he struck one officer with a vehicle while attempting to flee. But he wasn't killed while driving the vehicle.

According to Action News Jacksonville, citing police sources, once cops made a drug buy from Larosa, he began driving off before their "apprehension team" could arrive to bust him. Sgt. D.R. White, a member of the team, signaled for Larosa to stop, but Larosa instead struck White. It's not clear if White was in uniform or undercover.

Larosa then drove off, striking multiple vehicles before his car was pinned by a police cruiser. He then took off running, but tripped and fell with an officer in close pursuit. He was then shot multiple times and killed.

According to the Florida Times-Union, again citing police accounts, the police shooter was narcotics detective Mike Boree, who said Larosa tripped jumping over a fence, landed on his hands in a push-up position, then turned toward Boree and "reached for his waistband."

No weapon was found.

Police could have thought they were dealing with a cop-killer. Sgt. White, who had been struck by Larosa as he made his escape, hit his head on the pavement and lost his weapon on impact.

"Officers on the scene, detectives at the scene thought he was dead right there," sheriff's office director of investigations and homeland security Mike Bruno said.

But White was treated and released from a local hospital the same day.

Zachary Hammond

On July 26, in Columbia, South Carolina, Hammond , 19, was shot and killed by an undercover Columbia police officer after driving a woman friend to fast food restaurant parking lot so she could sell a small amount of marijuana.

According to the Columbia Daily Journal, citing police accounts, the undercover officer pulled up beside Hammond's car, and a uniformed officer was approaching to help with arrests when Hammond drove toward the officer, forcing him to open fire.

But that account has been challenged by Eric Bland, an attorney representing Hammond's family. Bland said that the autopsy report showed that Hammond had been shot from behind and that the vehicle was not moving. The autopsy showed a first shot entering the teen's left rear shoulder and a second in his side five inches away that went through his heart and lungs before exiting his lower right side.

"It is clearly, clearly from the back," Bland said after viewing pictures of the bullet wounds at the coroner's office. "It is physically impossible for him to be trying to flee or run over the officer that shot him. This is a 19-year-old kid without a weapon in his car, clearly in the Hardee's parking lot on a date, and within five minutes he has two shots that appear to be in his back and his side, from an officer shooting him from the back -- and he's dead and this family needs answers."

Bland is calling on the state attorney general to convene a statewide grand jury investigation of the shooting.

Chronicle AM: ResponsibleOhio Fights On, GA Cop Indicted in Baby Boo-Boo SWAT Raid, More (7/23/15)

ResponsibleOhio has about a week to come up with 40,000 more signatures, more Americans than ever admit smoking pot, e-sports is about to begin drug testing, a Georgia cop gets indicted for lying about probable cause in the Baby Boo Boo SWAT raid case, and more.

The question right now isn't should it or shouldn't it make the ballot, but will it or won't it?
Marijuana Policy

Ohio Legalization Initiative Still Fighting to Get on Ballot. The ResponsibleOhio legalization initiative campaign, which state officials say came up 35,000 signatures short in its effort to get its measure on the November ballot, says it is sure it had enough valid signatures and will go to the state Supreme Court to contest the results. "There are over 21,000 voters who were incorrectly identified as invalid. We want to make sure they have their signatures count. We also see that there are 40,000 signatures that weren't reviewed," spokesman Ian James said. The group is also gathering more signatures -- it has a 10-day window to try to make up any shortfall.

Gallup Poll Finds Largest Number Yet of Americans Admitting to Having Smoked Weed. Some 44% of Americans admit to having smoked marijuana, the largest number ever record by the pollsters. When Gallup first asked the question back in 1969, only 4% admitted to having tried it. By 1985, the figure was at 33%. Gallup wasn't sure if the rising numbers reflected more people actually using marijuana or more people being comfortable admitting to it. "The changes over time may reflect either an increase in the percentage who have tried the drug, or an increased willingness to admit to having done so in the past," Gallup explained.

Medical Marijuana

Senate Appropriations Committee Approves DC Pot Shops, Marijuana Banking Bill. The committee today approved a bill today allowing the nation's capital to establish regulated marijuana stores and let banks provide financial services to state-legalized marijuana dispensaries. The votes came on the financial services spending bill, which includes language removing a federal ban on regulated marijuana commerce in the District, which legalized possession and cultivation last year. The committee also approved an amendment allowing banks to provide services to marijuana businesses where they are legal.

Marijuana Policy Project Report Criticizes New Hampshire Medical Marijuana Program. In a report marking the two year anniversary of the signing into law of the state's medical marijuana program, the activist group is harshly critical of the state's failures in implementing the law. The report title pretty much says it all: Confusion, Delays, and Continued Arrests: A Two-Year Retrospective on New Hampshire's "Therapeutic Use of Cannabis" Law. Click either link to read the report.

Asset Forfeiture

Arizona ACLU Files Lawsuit Claiming State's Asset Forfeiture Laws Are Unconstitutional. The ACLU of Arizona today filed a federal lawsuit in Phoenix arguing that the laws "have created a lucrative system in which police and prosecutors are heavily incentivized to seize and forfeit property." The group says the law allows "law enforcement [agencies to] supplement their budgets without any legislative oversight." The ACLU is representing a Sun Tan Valley woman whose pick-up truck was seized after her son borrowed it and was arrested for allegedly stealing a hood ornament and putting it on the truck.

Drug Testing

Drug Testing Comes to E-Sports. The Electronic Sports League, the largest online gaming organization, has announced that it will adopt policies to keep drugs out of virtual sports. The move comes in the wake of ongoing controversy about the use of Adderall by e-sports players. A high-ranked e-sports player, Kory Friesen, ignited the commotion by not only admitting to use of the drug, but claiming it was prevalent. "We were all on Adderall," he said in a widely-copied interview.

Law Enforcement

Georgia Cop Indicted Over Baby Boo-Boo SWAT Raid. A Habersham County sheriff's deputy has been indicted by a federal grand jury in connection with the May 2014 raid that left a toddler severely injured by a flash-bang grenade. Nikki Autry, a special agent of the Mountain Judicial Circuit Criminal Investigation and Suppression Team (NCIS), has been indicted for lying in a search warrant affidavit and providing the same false information to obtain an arrest warrant in the case. Autry is accused of claiming that one of his informants made a meth buy at the address when the alleged meth purchase was made by someone else and lying about whether it was a "true and honorable informant." Nor had Autry confirmed there was heavy traffic in and out of the house, as he claimed. His alleged lies were the basis for a judge signing off on the "no knock" warrant that resulted in the bad raid.

International

Marijuana Cultivation on the Upsurge in Sweden. Swedish media are reporting an increasing number of marijuana cultivation busts. There were 904 pot farms reported to police last year, up fourfold from 2011, and police said they were on track for similar numbers this year.

Drug War Issues

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