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Chronicle AM: SWAT Teams in the News, Santa Fe Decrim Init, Barcelona Cannabis Clubs (8/18/14)

SWAT teams are in the news, the RAVE Act gets critiqued as counterproductive, there will be no medical marijuana initiative in Oklahoma, but it looks like there will be a decriminalization initiative in Santa Fe, and more. Let's get to it:

Demonstration in support of Barcelona's cannabis clubs (fac.cc)
Marijuana Policy

Santa Fe, New Mexico, Decriminalization Initiative Qualifies for Ballot. The Santa Fe city clerk has determined that an initiative to decriminalize marijuana possession in the city has qualified for the November ballot. Now the city council must either vote to change the city ordinance or send the measure to the voters. This measure will eliminate jail time for the possession of less than 1 ounce of marijuana and possession of marijuana paraphernalia for personal use and will result in no more than a simple $25 fine, as well as make marijuana possession the lowest priority for the Santa Fe Police Department.

Medical Marijuana

Oklahoma Initiative Effort Will Fall Short, Organizers Concede. There will be no medical marijuana initiative in the Sooner State this year. Saturday was the deadline for handing in signatures, and organizers concede they don't have enough valid signatures. They vow to be back at next year.

Hawaii Medical Marijuana Events Slated. The Drug Policy Forum of Hawaii and the American Civil Liberties Union of Hawaii (cofounders of the Medical Cannabis Coalition of Hawaii) have announced three free public events on medical marijuana policy next weekend. "Policy Perspectives on Medical Marijuana" will take place in Oahu and Hilo, while a talk session will be held in Kona. Click on the link for more details.

Law Enforcement

Georgia County Won't Pay Medical Bills for Toddler Injured in SWAT Raid. Habersham County, Georgia, says it will not pay the hospital bills for Bounkham "Baby Boo Boo" Phonesavah, the 19-month-old toddler severely burned when a SWAT team executing a drug arrest warrant threw a flash-bang grenade into his home during a May drug raid. The person the police were looking for wasn't there. Look for a civil lawsuit.

Tampa Police Review Finds No Problem With SWAT Team Killing of Man in Minor Marijuana Raid. SWAT team members acted appropriately when they shot and killed 29-year-old Jason Westcott during a May drug raid, a Tampa Police internal review has found. Police entered the residence where Westcott and a roommate were sleeping, then encountered him with a handgun in the bathroom, where they shot and killed him. Police seized less than $2 worth of marijuana at the scene. There are problems with the investigation that led to the raid, too; click on the May drug raid link to read more.

New York Governor Candidate Randy Credico Arrested, Jailed for Making Video of Cops Arresting Black Man in Subway. Randy Credico, challenger to incumbent Gov. Andrew Cuomo in next month's Democratic primary, was arrested and jailed for videotaping undercover transit police aggressively arresting a black man Friday afternoon. He is charged with menacing a police officer, obstructing government administration and resisting arrest and disorderly conduct. Credico has been arrested more than 20 times, mostly for civil disobedience actions or videotaping police activities.

Justice Department Ups the Ante on FedEx with New Money Laundering Charges. Federal prosecutors in San Francisco unveiled a new indictment against FedEx last Thursday that adds money laundering to a list of charges alleging that the delivery company knowingly shipped illegal prescription drugs from two online pharmacies. The company was already facing 15 conspiracy and drug charges and is looking at a fine of up to $1.6 billion if found guilty. UPS paid the feds $40 million last year to settle similar charges.

RAVE Act Has Done More Harm Than Good, Study Finds. The 2003 RAVE Act (Reducing Americans' Vulnerability to Ecstasy Act) has not reduced the drug's popularity, but has instead endangered users by hampering efforts to protect them. The law held club owners and produces criminally responsible for drug use at their events, and that made them disinclined to provide harm reduction services -- providing free bottled water of allowing groups like DanceSafe to do informational flyering or drug testing -- because that could be used as signs they were aware of drug use. "There were a lot of groups like that, and there was a lot of educational information about drugs being made available," study author University of Delaware sociologist Tammy Anderson said. "Today, clubs and promoters are reluctant to take those precautions because it could be used as evidence against them. The RAVE Act is a relic of the War on Drugs," she said. "It never worked in the past, and it's not working now." Her research was presented Sunday at the American Sociological Association annual meeting in San Francisco.

International

Vietnam Sentences Six to Death for Heroin Trafficking. A court in northern Vietnam sentenced six people to death last Thursday for trafficking Laotian heroin destined for China. The six were convicted of trafficking 240 pounds of the drug. Under Vietnamese law, the death penalty can be imposed for offenses involving as little as 3.5 ounces of heroin.

Barcelona to Shut Down Dozens of Cannabis Clubs. The city of Barcelona moved quietly last week to shut down about a third of the city's 145 cannabis clubs, citing "deficiencies" in management at nearly 50 of them. Those "deficiencies" included the illegal sale of marijuana, trying to attract non-members to their premises, and creating problems for the neighborhoods where they operate. Under Spanish law, the clubs can operate as members-only establishments where participants share their collective crops. The Spanish Federation of Cannabis Associations has asked for better regulations to avoid illegal practices.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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 -- July 31, 2014

One study finds that Colorado is doing just fine with marijuana legalization, another finds that kids aren't smoking more pot in medical marijuana states, there's trouble in Albuquerque, Detroit police go on yet another well-publicized mass drug sweep, Marc Emery vows revenge, and more. Let's get to it:

Seattle PD has adjusted well to marijuana legalization. With one apparent exception. (Seattle PD)
Marijuana Policy

Brookings Institution Report Finds Colorado's Legalization is Succeeding. The Brookings Institution's Center for Effective Public Management today released a report on how well Colorado is managing marijuana legalization. The title of the report, "Colorado's Rollout of Legal Marijuana is Succeeding," pretty much spells it out. "The state has met challenging statutory and constitutional deadlines for the construction and launch of a legal, regulatory, and tax apparatus for its new policy," according to the report authored by John Hudak, a Brookings fellow in Governance Studies. "In doing so, it has made intelligent decisions about regulatory needs, the structure of distribution, prevention of illegal diversion, and other vital aspects of its new market. It has made those decisions in concert with a wide variety of stakeholders in the state." Click on the link to read the full report.

Georgia Libertarian Party Endorses Marijuana Legalization. The Libertarian Party of Georgia says "legalize it." In a Wednesday press release, the party came out four-square for legalization. "Georgia voters should be allowed to vote on the issue", said state party chair Doug Craig. "If the voters were allowed to vote we believe they would vote to legalize. Rights should never be determined by popular vote, but polling gives us a good indication on where the public stands on the issue. As Libertarians, we support giving the public the freedom to choose. Lawmakers should study the issue and allow public input into forming a better policy that stops treating otherwise law abiding citizens as criminals."

Albuquerque Decriminalization Initiative Up in the Air After City Messes Up Signature Requirements. What a mess! The city of Albuquerque told initiative organizers they needed 11,000 signatures to qualify for the ballot, so to ensure that they had a comfortable cushion, organizers turned in 16,000 signatures. Then, two days after signatures were handed in, the city said it had made a mistake, and organizers needed 14,000 signatures to qualify. The measure could still qualify, but if it comes up with more than 11,000 valid signatures, but less than the 14,000 needed to make the ballot, look for legal action.

East Lansing, Michigan, Decriminalization Initiative Campaign Turns in Signatures. The Coalition for a Safer East Lansing turned in about 2,300 signatures for its decriminalization initiative Tuesday. If they end up with enough valid signatures to qualify, the measure will go on the ballot in November. Similar efforts are afoot in more than a dozen other Michigan towns and cities.

Medical Marijuana

National Bureau of Economic Research Report Finds Medical Marijuana Has Not Led to More Teen Use. The finding comes in the working paper Medical Marijuana Laws and Teen Marijuana Use. "Our results are not consistent with the hypothesis that the legalization of medical marijuana caused an increase in the use of marijuana among high school students. In fact, estimates from our preferred specification are small, consistently negative, and are never statistically distinguishable from zero," the authors said.

Drug Policy

Broad Coalition Forms to Highlight Plight of Drug War's Youngest Victims. More than 80 civil rights, immigration, criminal justice, racial justice, human rights, libertarian and religious organizations are joined by notable figures such as Michelle Alexander in calling for an end to the war on drugs in the name of protecting children both in Latin America and here in the United States. They have all signed on to a letter of support for new policies. The signatories -- which include the Black Alliance for Just Immigration, Center for Constitutional Rights, Institute of the Black World, Presente.org, Students for Liberty, United We Dream, William C. Velasquez Institute, and the Working Families Organization -- are notable for their diversity in cause and focus, yet have come together around the issue of the drug war's impact on youth, at home and abroad. Click here for a full list of supporters.

Law Enforcement

Detroit Police in Yet Another Militarized Drug Blitz. In the latest in a series of mass raids under the rubric of "Operation Restore Order," heavily armored Detroit Police SWAT teams and other officers targeted the Ninth Precinct on the city's east side today. More than a hundred police were involved. The first house they hit had no drugs, the second contained some weapons and drug paraphernalia, the third resulted in the seizure of a couple dozen crack rocks.

One Seattle Police Officer Wrote 80% of Marijuana Tickets; Now, He's Off the Streets. One police officer who apparently doesn't think much of Washington's marijuana legalization law -- he wrote snide remarks on some of the tickets -- is responsible for a whopping 80% of all public pot smoking tickets written by the Seattle Police in the last six months. In one instance, Officer Randy Jokela used a coin toss to decide whom he would cite. He has been assigned to other duties while the department's Office of Professional Accountability investigates.

International

Marc Emery Vows Political Revenge on Canadian Conservatives. Out of prison in the US, but still stuck in an American deportation center awaiting his return to Canada, "Prince of Pot" Marc Emery is vowing political revenge on Canada's Conservatives. He has served nearly five years in federal prison for selling marijuana seeds after the Conservatives allowed him to be extradited from Canada. "My own government betrayed me and I'm going to wreak an appropriate amount of political revenge when I get home and campaign against the Conservative government," Emery said. "The whole thing is nonsense. I should never have been turned over to the US government," said the fervent Liberal supporter. Canadian elections are next year.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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 -- July 23, 2014

South Portland, Maine, will vote on marijuana legalization in November, medical marijuana researcher Dr. Sue Sisley's campaign to be reinstated is picking up steam, Mississippi officials get an earful at a public forum on a welfare drug testing law, and more. Let's get to it:

Evo Morales is not only president of Bolivia; he's also the president of the country's largest coca growers' union. (wikimedia)
Marijuana Policy

South Portland, Maine, Marijuana Possession Legalization Initiative Qualifies for November Ballot. Officials in South Portland confirmed today that a citizen initiative to make marijuana possession legal for adults within city limits has qualified for the November 2014 ballot. Citizens for a Safer Maine, a Marijuana Policy Project affiliate, submitted more than 1,500 signatures, and just 959 valid signatures of registered city voters were required. The South Portland City Council will consider whether to enact the measure or refer it to city voters at its meeting scheduled for August 4.

Delaware House Hearing on Marijuana Decriminalization Today. The House Public Safety and Homeland Security Committee is holding a hearing on a decriminalization bill today. The amended version of House Bill 371 would make possession of up to an ounce a civil offense, punishable only by a fine. Under current law, small time possession is a misdemeanor that can garner up to six months in jail.

Medical Marijuana

National Herbal Medicine Industry Group Issues Guidelines for Medical Marijuana Manufacture. The American Herbal Products Association (AHPA) today released medical marijuana manufacturing guidelines, completing its compendium of industry standards. The guidelines complement those set by American Herbal Pharmacopoeia (AHP) for the plant's identity, purity, quality and botanical properties.

Arizona Judge Rules Patients Can Sell to Other Cardholders. A Pima County Superior Court judge has thrown out charges against a medical marijuana patient who offered plants to sale to other cardholders for a $25 "donation," holding that the state's medical marijuana law is vague and can be interpreted as allowing for such activities. So far the ruling only applies to the case at hand, but local prosecutors have vowed to appeal, and a favorable higher court ruling would set precedent statewide.

Campaign to Reinstate Arizona Medical Marijuana Researcher Picks Up Steam. Veterans rallied yesterday at the University of Arizona College of Medicine in Phoenix in support of medical marijuana researcher Dr. Sue Sisley, who says she was fired because of political opposition to her research on the use of medical marijuana for PTSD in veterans. A Change.org petition seeking her reinstatement now has 66,000 signatures (30,000 of them from yesterday alone) and a there is also a Facebook page supporting her.

Drug Testing

Mississippi Public Forum on Welfare Drug Test Law Leads for Calls to Amend It. A welfare recipient, civil liberties advocates, and Democratic politicians strong criticized the state's new law mandating drug testing for some welfare recipients at a public hearing yesterday. They called for it not to be implemented until it can be amended by the legislature. No one spoke in support of the law.

Law Enforcement

Orange County, Florida, Women Sue SWAT Team Over Violent Drug Raid. A mother and daughter are suing the Orange County Sheriff's Office after a SWAT team drug raid left a family dog dead and the daughter wounded by police gunfire inside their own home. The raid was aimed at a relative who didn't even live at the residence. Police found marijuana seeds and "drug paraphernalia" in the room where the relative had stayed, but charges against him were later dropped.

International

Bolivian President Wins Reelection as Head of Country's Largest Coca Growers Union; Vows to Expand Crop if Re-Elected as President. Evo Morales was a coca grower union leader before he was elected president of the country, and he's still a coca grower union leader. He was just reelected as head of the union, and he told union members that Bolivia needs a new law for coca production that would allow for expanded cultivation.

Chronicle AM -- July 16, 2014

The House okays marijuana banking, DC decriminalizes tomorrow, DC expands its medical marijuana program, Miami-Dade taxpayers pay for a particularly heinous killer drug raid, a lot of states did sentencing reforms last year, and more. Let's get to it:

Marijuana businesses could go to the bank under a measure passed by the House today. (Drug Policy Alliance/Sandra Yruel)
Marijuana Policy

House Votes to Let Banks Take Deposits from Marijuana Businesses. In a historic vote this afternoon, the US House has approved an amendment to the Treasury Department appropriations bill barring the agency from spending any money to punish financial institutions that provide services to marijuana businesses where it is legal. The amendment was sponsored by Reps. Heck (D-WA), Perlmutter (D-CO), Lee (D-CA) and Rohrabacher (R-CA). It passed with bipartisan support.

DC Decriminalization Law Goes Into Effect Tomorrow. As of one minute after midnight, the possession of an ounce or less of marijuana will be decriminalized in the nation's capital. Jail time for pot possession will be replaced with a $25 fine. A Republican-led effort in the House to block it remains alive, but will not stop the law from taking effect -- at least for now. That effort still has to get through the Congress and overcome White House opposition, and that looks like a long-shot at this point.

Grosse Point, Michigan, Initiative to Legalize Up to an Ounce Turns in Signatures. A municipal initiative campaign to legalize the possession of up to an ounce of pot in the Detroit suburb of Grosse Point turned in more than 600 signatures today. The group needs 493 valid voter signatures to qualify for the November ballot. Grosse Point is one of a handful of Michigan towns with similar campaigns this year, including Berkley, Hazel Park, Huntington Woods, Oak Park, and Pleasant Ridge.

Santa Fe, New Mexico, Initiative to Decriminalize Marijuana Possession Turns in Signatures. Progress Now New Mexico and Drug Policy Action (the campaign arm of the Drug Policy Alliance) have submitted more than 7,000 signatures for an initiative that would decriminalize the possession of up to an once of marijuana. They need 5,763 to qualify for the ballot.

Medical Marijuana

DC City Council Approves Medical Marijuana Expansion. The city council Tuesday approved legislation to loosen restrictions on the District's medical marijuana program. The measure replaces a restrictive list of defined illnesses and conditions with a blanket authority for doctors to recommend medical marijuana for "any condition for which treatment with medical marijuana would be beneficial, as determined by the patient's physician."

Michigan Legislature Set to Vote on Medical Marijuana Improvement Measures This Week. Senate Majority Leader Randy Richardville (R) said he expects the Senate to vote this week on a pair of measures to improve the state's medical marijuana program. One would allow localities to govern their own dispensaries; the other would allow the sale of edibles and concentrates.

LA Medical Marijuana Farmers' Market Hit With Temporary Injunction. A Los Angeles Superior Court judge Tuesday issued a temporary restraining order shutting down a medical marijuana farmers' market that drew thousands when it opened a couple of weeks ago. A hearing on a permanent injunction is set for August 6.

Thousands Sign Petition Supporting Fired University of Arizona Researcher. A petition demanding that the University of Arizona research scientist Dr. Suzanne Sisley be rehired after being fired after she won federal approval to study marijuana for military veterans with post-traumatic stress disorder has received more than 27,000 signatures. Sisley made no bones about blaming conservative Arizona political figures for her firing. Click on the link to read her comments.

Harm Reduction

Ohio Cops Slow to Carry Overdose Reversal Drug. Gov. John Kasich (R) signed a law allowing law enforcement officers to carry and administer the opiate overdose reversal drug naloxone in March, but Ohio police are slow to get with the program. Police in Columbus said they have no plans to carry it "anytime soon," and many rural agencies are also unwilling to do it. About 17 people a week are dying from opiate overdoses in Ohio. Under the new law, the drug is also available to friends, family members, and "others who may be in a position" to assist with reversing overdoses.

Law Enforcement

Miami Agrees to Pay in Death Squad-Style Police Drug Robbery Sting Killings. Miami-Dade taxpayers will shell out $600,000 to the families of three men killed by a Miami-Dade SWAT team during a drug house robbery sting. Four men, including an informant for the police, were gunned down when they appeared on the scene of a home they had been told was stuffed with drugs for them to rob. The informant's family didn't join the settlement; it is pursuing a wrongful death lawsuit in federal court. Police video of the raid shows officers firing dozens of shots into the body of a man already on the ground. It also shows the informant surrendering to police moments before they shot and killed him, too. Prosecutors suspect police officers of misconduct but were unable to develop enough evidence to charge any of them.

Almost All US Wiretaps Are for Suspected Drug Deals. A new Administrative Office of US Courts report reveals that not only did wiretaps hit an all time high last year, but that nearly 90% of them were for drug investigations. Of the 3,576 wiretaps sought by federal law enforcement agencies, 3,115 were for drug investigations.

Sentencing

Vera Institute of Justice Releases Report on 2013 State Sentencing Reforms. The report, Recalibrating Justice: A Review of 2013 State Sentencing and Corrections Trends, finds that 35 states passed at least 85 bills to reform sentencing and corrections last year. The legislation generally focused on reducing prison populations, strengthening community-based corrections, supporting reentry, and creating better research and analysis to drive policy decision-making.

International

Dutch Border Town Cannabis Café Owner Cleared of Most Charges. The owner of the Checkpoint Café in the in the town of Ternuezen near the Belgian border has been cleared of most charges against him by an Amsterdam appeals court. The café was closed in 2007 for violating government rules on soft drug sales, and the owner was found guilty of membership in a criminal organization. But the appeals court ruled that the state had not proven Checkpoint knowingly broke the rules. It was the second such decision in the past month.

Chronicle AM -- July 11, 2014

A St. Paul drug raid is raising questions about police tactics, the hemp industry wants to clarify something, Tennessee gets its first bust under a law criminalizing drug-using pregnant women (and its first threat of a legal challenge), Pennsylvania issues opiate prescribing guidelines, and more. Let's get to it:

One of the two dogs killed in a St. Paul SWAT team raid that scored a bong and a grinder. (family photo)
Marijuana Policy

New Mexico Municipal Decriminalization Initiatives Halfway There on Signatures. Decriminalization initiative signature-gathering campaigns in Albuquerque and Santa Fe are at the halfway point in terms of signatures gathered. Two groups, Progress Now New Mexico and Drug Policy Action, the campaign arm of the Drug Policy Alliance, are leading the effort. The campaigns reported having half the 5,673 signatures needed in Santa Fe. They also need 11,203 signatures in Albuquerque; organizers say they are more than halfway there in the Duke City as well.

Medical Marijuana

Minnesota Governor Names 16 to Medical Marijuana Task Force. Gov. Mark Dayton (DFL) has named the members of a state task force charged with monitoring the effectiveness of the state's new limited medical marijuana law. Included are four patients or their parents, four law enforcement entities, four substance abuse treatment providers and four health care providers. It also includes two lawmakers each from the House and Senate, as well as the commissioners of Health, Human Services and Public Safety. Click on the link for a list of members.

Hemp

Hemp Industries Association Clarifies That CBD Extracts Are Not "Hemp Oil." The trade group the Hemp Industries Association has released a statement emphasizing that cannabidiol (CBD) extracts are not "hemp oil" and warning against misbranding them as such. The CBD extracts are made from marijuana flowers for medicinal purposes, while hemp oil, produced by pressing hemp seeds, is a food item containing only tiny amounts of CBD. Click on the link to read the full statement.

Pregnancy

First Woman Arrested Under Tennessee's New Law Criminalizing Pregnant Women Who Use Drugs. A 26-year-old Monroe County woman has been charged with assault on her fetus for using methamphetamine shortly before she gave birth under a new law that allows prosecutors to press assault and child endangerment charges against women who use drugs. Under that law, "a woman may be prosecuted for assault for the illegal use of a narcotic drug while pregnant, if her child is born addicted to or harmed by the narcotic drug." But neither doctors nor prosecutors have shown any harm to the woman's newborn baby.

Tennessee ACLU Seeking to Challenge New Law Criminalizing Pregnant Women Who Use Drugs. The ACLU of Tennessee is currently seeking plaintiffs to challenge the new law criminalizing pregnant women who use drugs. The law is the first of its kind in the country. "This dangerous law unconstitutionally singles out new mothers struggling with addiction for criminal assault charges," said Thomas Castelli, Tennessee ACLU legal director. "By focusing on punishing women rather than promoting healthy pregnancies, the state is only deterring women struggling with alcohol or drug dependency from seeking the pre-natal care they need. ACLU-TN stands ready to challenge this law and encourages any woman concerned about the impact this law will have on her to contact us." Click on the link for more information.

Prescription Opiates

Pennsylvania Releases Guidelines for Prescribing Opiates. State officials and the Pennsylvania Medical Society have released new voluntary opiate prescribing guidelines as part of an effort to reduce overdose deaths. The guidelines are aimed at family practice doctors who are not pain treatment specialists. A University of Wisconsin pain policy specialist, James Cleary, said the guidelines were "very responsible," but raised concerns that opiates remain available for those who truly need them. Task force members responded that finding the proper balance was critical.

Law Enforcement

St. Paul SWAT Drug Raid Scores Bong, Grinder; Leaves Two Dogs Dead. A St. Paul, Minnesota, police SWAT team executing a no-knock search warrant at a family home burst through the front door without notice at 7:00am and promptly shot and killed the family's two pet pit bulls. "The first thing I heard was 'boom,'" said homeowner Larry Lee Arman. "Bop, bop, bop, bop, bop. Right in front of us. I was laying right there and I really thought I was being murdered," he said "I don't want to say by who. I thought it was, like, the government." Police said they thought they were entering a dangerous environment and had a right to eliminate potential threats with lethal force, but Arman said he wasn't a dangerous drug dealer, only a pot smoker. The SWAT team's haul seems to bear him out. They seized only "clothing, a glass bong, and suspected marijuana remnants in a metal grinder."

International

New York Times Takes a Look at Barcelona's Cannabis Clubs. The New York Times has a lengthy profile of Barcelona's burgeoning cannabis social club scene. It reports that the clubs, where members may buy and consume marijuana, now have 165,000 members, and that they are creating marijuana tourism. Officials are concerned.

Barcelona Police Arrest Cannabis Club Leaders. Police in Barcelona Friday arrested the president and at least three other members of the city's cannabis club federation FEDCAC. The group said it was not told why they were arrested, but other Spanish press reports said it was on money laundering charges. The bust comes as the city tries to crack down on the burgeoning clubs, which are legal under Spanish law, but have been testing the limits.

Transnational Institute Analyzes Colombia/FARC Accord on Drugs, Finds It Lacking. In a policy briefing on the Colombian peace accords, the Transnational Institute finds that FARC guerrillas are only "part of the problem" in the "complex scenario" of Colombian drug trafficking; that it effectively excludes rural settlers, indigenous and African-descent communities; that the agreement ratifies existing prohibition-based approaches to drugs; and that it ignores the ongoing progress in adopting other drug control models. Other than that…

Florida Man Killed in SWAT Raid Over Small-Time Marijuana Sales

A Tampa, Florida, man was shot and killed by members of a SWAT team executing a search warrant over small-time marijuana sales on May 27. Jason Westcott, 29, becomes the 25th person to die in US domestic drug law enforcement operations so far this year.

[Editor's Note: This case illustrates why we call on readers to let us know if they come across a report of a drug war-related death. Although we run Google searches to find such incidents, this one didn't pop up on the radar until the Tampa Bay Times ran a thorough investigative piece -- a rarity with such incidents -- on it this week. Absent that report, we would have missed it. So, please, feel free to send your tips and links our way.]

According to the Tampa Bay Times article, a Tampa Police SWAT team executing a warrant for marijuana sales knocked on the door of the home shared by Westcott and his roommate on the evening of the 27th, but both men were sleeping. When no one answered, police entered through the unlocked front door.

The roommate, who was sleeping on a couch, was taken into custody without incident, but Westcott, who had been sleeping in a bedroom, picked up a weapon upon hearing the intruders and moved toward the bathroom, from where he could see his surveillance monitor. Upon encountering Westcott in the hallway between the bedroom and the bathroom, two SWAT officers opened fire, shooting him five times with a semiautomatic shotgun and a handgun.

Police claim Westcott pointed his weapon at them. He never fired it. Instead, hit once in the arm and twice in the side, he collapsed on the bathroom floor. He received medical attention from a SWAT medic on scene, then was transported to a local hospital, where he died.

Ironically, the only previous contact Westcott had had with Tampa police was several months earlier, when he contacted them to say he was worried that a man who had been at his house planned to rob him and had threatened to kill him. According to people close to Westcott, investigating officers told him: "If anyone breaks into this house, grab your gun and shoot to kill." Tampa police now deny they ever said anything like that.

The Times investigative piece also looked into the police drug investigation that precipitated the fatal raid. They found that despite police statements that they began looking at Westcott because of complaints from neighbors, the investigation actually began when a snitch reported that he was selling marijuana.

Over a period of months, that same snitch made several small marijuana purchases from Westcott, in amounts ranging from $20 to $60. The grand total of marijuana purchased by the snitch was less than $200. When the raid actually went down, police found a grand total of 0.2 grams of weed.

Westcott's roommate said the pair were habitual pot smokers, but that they never kept more than 12 grams in the house at a time to avoid felony charges. And he said that the pair engaged in a bit of social dealing, nothing more.

"We would just sell a blunt here and there to our friends or whatever. It was no crazy thing," he said. "There weren't people coming in and out of our house every day," he said. "It wasn't paying any bills. We were still broke... going to work every day."

Police initially said an undercover officer had made the drug buys, but later admitted it was the snitch who had done so. The roommate said if police had made the buys themselves, they would have realized that they were not facing violent drug traffickers, and Westcott might still be alive.

"Nobody can believe that this happened to Jason. They can't understand how this could happen to Jason," said Westcott's mother, Patti Silliman of New Port Richey. "No one can figure this out."

But the Hillsborough State Attorney's Office has already determined that the two police officers who shot at Westcott -- Cpl. Eric Wasierski and Officer Edwin Perez -- were justified in the use of deadly force. And Tampa Police Chief Jane Castor defended both the drug investigation and actions of the officers involved.

"Mr. Westcott lost his life because he aimed a loaded firearm at police officers. You can take the entire marijuana issue out of the picture," Castor said. "If there's an indication that there is armed trafficking going on -- someone selling narcotics while they are armed or have the ability to use a firearm -- then the tactical response team will do the initial entry."

The Tampa Bay Times investigative report is worth reading in its entirety. One could only wish that every drug war death got the same treatment. If that were the case, we might end up with a lot less of them.

Tampa, FL
United States

Chronicle AM -- June 26, 2014

It's UN anti-drug day, and protests to mark it are going on in at least 80 cities around the world, House Republicans move to block DC decrim, the Oregon legalization initiative looks set to make the ballot, the ACLU has a strong new report out on SWAT teams, and more. Let's get to it:

fundraiser for the Florida medical marijuana initiative, at the Vicente-Sederberg law firm following the NCIA summit
Marijuana Policy

Cannabis Business Summit Draws Big Crowd in Denver. More than 1,200 people attended the Cannabis Business Summit sponsored by the National Cannabis Industry Association in Denver this week. Look for a Chronicle report on it in coming days.

Oregon Legalization Initiative to Hand in Signatures Today. It looks like Oregonians will vote on marijuana legalization this November. The New Approach Oregon initiative campaign will hand in 145,000 signatures to state officials today; they only need some 87,000 valid ones to qualify for the ballot.

House Committee Votes to Block Decriminalization in DC. The House Appropriations Committee yesterday passed an amendment to the 2015 Financial Services and General Government Appropriations bill intended to prevent the District of Columbia from implementing its recently passed law decriminalizing the possession of marijuana. It also has the potential to end the District's medical marijuana program. The amendment, offered by Rep. Andy Harris (R-MD), passed by a vote of 28-21. Reform advocates will seek a floor vote to remove this amendment from the bill when it proceeds to the House floor.

No Vote on Legalization in the Rhode Island Legislature. The 2014 legislative session has ended without the Marijuana Regulation, Control, and Taxation Act never coming up for a vote. Maybe next year.

Oakland Shuts Down a Trio of Measure Z Speakeasies. For the past decade, recreational marijuana retail outlets have quietly operated in Oakland, protected by Measure Z, which makes the private use of marijuana by adults law enforcement's lowest priority. But in recent weeks, Oakland police have raided and shut down three of the speakeasies. The police say their enforcement actions are driven by complaints.

Sentencing

Two More Cosponsors for the Smarter Sentencing Act. The Smarter Sentencing Act has picked up two more cosponsors, bringing the total to 41, 27 Democrats and 14 Republicans. The latest cosponsors are Rep. Ann Kuster (D-NH) and Rep. Katherine Clark (D-MA).

Senate State and Foreign Operations Funding Bill to Include Sentencing Reform Language. Advocates working with Senate Judiciary Chair Pat Leahy's (D-VT) office report that the Senate committee report on the issue will include language making sentencing reform part of US foreign policy and an issue the State Department promotes when working on police training and judicial reform in other countries. Click the link to read the language.

Law Enforcement

ACLU Issues Report on Militarization of American Policing. The American Civil Liberties Union has released a new report on the excessive militarization of American policing, War Comes Home. The report concentrates on the use of SWAT teams, and fnds that 80% of SWAT deployments were not hostage rescue or other dangerous missions, but to serve search warrants, mainly for drugs. The report also examines the abuses associated with SWAT teams. This is strong stuff.

International

Global Demonstrations Against Drug War Today Mark UN Anti-Drug Day. Protestors in at least 80 cities around the world are taking the opportunity of UN anti-drug day to call not for more drug war, but for less. Click on the link for more details.

British Khat Ban Now in Effect. The British ban on the East African herbal stimulant plant khat has now gone into effect. There are fears the Somali community will be targeted and that a black market will now emerge.

British Doctors Reject Marijuana Legalization, Urge Cigarette Ban for Those Born After 2000. Meeting at their annual conference, members of the British Medical Association rejected a proposal to call for legalizing marijuana, but voted in favor of a ban on cigarettes for people born after 2000. The BMA's rejection of legalization was "both unscientific and unethical," said Steve Rolles of the Transform Drug Policy Foundation.

Uruguay's First Grower's Club Begins Registration Process. The Association of Cannabis Studies of Uruguay has registered to become the first officially recognized marijuana growing club in the country. The club headed by Laura Blanco will have 40 members. Joining a club and enjoying the fruits of collective grows is one of three ways to legally obtain marijuana under Uruguay's new law. The other options are registering to buy it from pharmacies or growing your own individually.

Mexico Wants More Black Hawk Choppers for Anti-Drug Activities. Mexico has formally requested to purchase five UH-60M Black Hawk helicopters for it war on drugs. The choppers are to be equipped with GPS/inertial navigation systems, forward-looking radar systems, and 10 7.62mm machine guns each. The proposed deal would be worth an estimated $225 million

Chronicle AM -- June 3, 2014

That Georgia drug raid last week that left a toddler seriously burned and in a medically-induced coma continues to spark outrage, the DC pot possession and cultivation legalization initiative is halfway there, New York's governor signs a deal for CBD medical marijuana trials that critics say isn't nearly enough, a former Brooklyn DA is in hot water over misusing seized drug money, and more. Let's get to it:

Baby "Bou Bou" is in a medically induced coma after a SWAT team threw a flash-bang grenade into his crib during a drug raid.
Marijuana Policy

DC Initiative Halfway There on Signature Count. The Washington, DC, initiative to legalize the possession and cultivation of small amounts of marijuana has collected some 30,000 signatures, of which it says some 12,500 are actually valid. It has until July 7 to come up with the 22,500 valid signatures needed to make the November ballot. Signature-gathering is in full swing; campaign head Adam Eidinger said he expected another 10,000 raw signatures by early next week.

Rhode Island Legalization Bill Gets Hearing Today. The state Senate Judiciary Committee was set to hold a hearing today on Senate Bill 2379, the Marijuana Regulation, Control and Tax Act. It would allow adults to possess up to one ounce and grow one plant, and create a regulated and taxed system of marijuana commerce.

Medical Marijuana

New York Governor Signs Deal for CBD Trials; Medical Marijuana Say That's Not Good Enough. Gov. Andrew Cuomo (D) announced today that his administration has signed a deal with GW Pharmaceuticals to do a trial of its high-CBD, no-THC seizure drug Epidiolex. But medical marijuana advocates said the plan is too limited and will take too long, and Cuomo should be backing the Compassionate Use Act, a full-blown medical marijuana bill, instead of trying to blunt efforts to pass it by enacting half-measures.

South Carolina Governor Signs Limited CBD Medical Marijuana Bill Into Law. South Carolina Gov. Nikki Haley (R) yesterday signed into law Senate Bill 1035, which will allow for the use of high-CBD cannabis oil to treat seizures in children with epilepsy. The new law calls for a clinical trial at the Medical University of South Carolina, as well as a committee to study the feasibility of growing new strains in the state.

Asset Forfeiture

Ex-Brooklyn DA Accused of Using Seized Funds to Finance Reelection Campaign. Former Brooklyn District Attorney Charles Hynes may have used drug money seized from dealers to pay a campaign political consultant more than $200,000, according to a report from New York City's Department of Investigations. The money didn't help; Hynes was defeated in his bid for reelection. Now, he could face larceny charges.

Law Enforcement

Georgia Governor Wants to See Results of Investigation into SWAT Drug Raid That Left Toddler Badly Burned. Gov. Nathan Deal (R) said Monday he was awaiting the results of an investigation into a drug raid last week in which a SWAT team threw a flash-bang grenade into a residence. That grenade landed in a crib when a 19-month-toddler, Bounkham "Bou Bou" Phonesavanh, was sleeping, burning his face and chest and leaving him in a medically-induced coma at a local hospital. No drugs were found in the raid, no guns were found in the raid, and the person sought by police wasn't there. "Any time you have bad facts like this one, it does give you cause for concern," Deal said. "It's one of those things that require a thorough investigation… to know what if anything we can learn from it." Deal's comments came as public outrage over the incident is growing. Attorneys for the Phonesvanh family are calling for state and federal investigations into the raid.

In Winona County, Minnesota, the Drug War Dominates the Court Docket. Here are the latest results from the Winona County Circuit Court in Winona, Minnesota: Drug charges accounted for 50% of the 10 cases charged this week. There were two people charged with meth possession, one with meth possession and trafficking marijuana, one with trafficking amphetamines, and one for "felony second-count marijuana possession." The other charges were one DUI, one child sex assault, one domestic battery, one carrying a concealed weapon (and drug paraphernalia), and one burglary. Winona County butts up against the Mississippi River in southeastern Minnesota.

International

Southeast Asia's Tough Anti-Drug Policies Actually Exacerbating Opium Production, Report Says. A new report from the Transnational Institute, Bouncing Back -- Relapse in the Golden Triangle, finds that tough anti-opium cultivation policies by governments in Southeast Asia, especially Myanmar, have had a balloon effect, pushing production into areas outside the control of central governments. Instead of aiming to be drug-free by 2015, which is the current goal of the ASEAN nations, regional governments should rethink their policies and find "least harmful ways" to manage the issue.

Georgia's Drug Policies Remain Regressive, Repressive. A lengthy article from Eurasianet.org examines drug policies in the former Soviet republic of Georgia and finds them largely stuck in the dark ages. A few grams of marijuana can still earn someone years in prison, while treatment and prevention don't get much emphasis. Suspected drug users can be forced to submit urine samples for drug testing, then arrested and jailed or fined if they test positive. The fines are a lucrative income stream for the Georgian government. Click on the link to read the whole thing.

Tampa SWAT Team Kills Armed Man in Marijuana Grow House Raid

A Tampa, Florida, police SWAT team attempting to carry out a drug search warrant shot and killed a man they said pointed a gun at them Tuesday night. Jason Joseph Westcott, 29, becomes the 19th person to die in US domestic drug law enforcement operations so far this year.

According to Bay News 9, citing police sources, the residence had been under surveillance after undercover officers bought "narcotics" there on several occasions since March. A SWAT team was used in the raid because police knew Westcott had guns in the home.

The Bay News 9 story used anodyne language to describe the raid, saying only that police "entered" the residence. It is not clear from the reporting whether this was a no-knock raid or how the police entered the residence.

Police said one man in the front of the house surrendered when the SWAT team entered, but that Westcott, who was found armed in a back room, pointed his gun and officers and was then shot.

Although police repeatedly referred to "narcotics," the only "narcotic" Westcott was accused of selling was marijuana. Police found a hydroponic marijuana grow in his home.

Westcott had no prior criminal record except for one incident of driving without a license.

Tampa, FL
United States

Chronicle AM -- May 29, 2014

Minnesota becomes the 22nd medical marijuana state, the California Senate passes a medical marijuana regulation bill and a bill equalizing crack and powder cocaine offenses, a new study reports on who current heroin users are, there are a series of votes set for today to rein in the DEA, a Canadian court allows heroin-assisted treatment trials to move forward, and more. Let's get to it:

Cocaine is cocaine, whether rock or powder, and the California Senate has voted to treat it like that. (wikimedia.org)
Marijuana Policy

Michigan Poll Has Support for Legalization at 42%. A Detroit News/WDIV-TV poll released today has support for marijuana legalization at 42%, with 52% opposed. The poll conducted by the Glengariff Group of Chicago surveyed 600 voters. It has a margin of error of +/ -4%. "There is a sharp difference in attitudes on marijuana legalization among voters under and over the age of 40," said pollster Richard Czuba. "And while Democratic voters support legalization of marijuana, independents and Republican voters strongly oppose legalization." Click the link for more demographic details.

Washington, DC, Initiative is Sweating the Signature-Gathering. Organizers of the DC initiative to legalize the possession and cultivation of small amounts of marijuana -- but not the legalization and regulation of marijuana sales -- are "a little nervous" about the progress of their signature-gathering campaign. They have until July 7 to collect 22,373 valid voter signatures. They had collected some 19,000 raw signatures by Monday, but of the 16,734 that have been processed, only 5,360 have been found to be valid.

Delaware Decriminalization Bill Filed. Rep. Helene Keeley (D-Wilmington) today introduced a decriminalization bill, House Bill 371. It would make possession of up to an ounce a civil offense with a maximum $100 fine for people 21 and over. Currently, possession is a misdemeanor punishable by up to six months in jail.

Medical Marijuana

Minnesota Governor Signs Medical Marijuana Bill. Gov. Mark Dayton (DFL) today signed into law the medical marijuana bill approved earlier this month by the legislature. It allows for eight distribution centers across the state to by supplied by two medical marijuana manufacturers. The bill does not allow for the smoking of medical marijuana; but it can be vaped or eaten. Some medical marijuana groups are calling the law "overly restrictive."

California Senate Approves Medical Marijuana Regulation Bill. The state Senate yesterday approved Senate Bill 1262, sponsored by Sen. Lou Correa (D-Anaheim). It is supported by cities and law enforcement, and would impose tighter controls on dispensaries, cultivation, and recommending. A competing bill, Assembly Bill 1894, sponsored by Assemblyman Tom Ammiano (D-San Francisco) was expected to be voted on today. If both pass their respective houses, look for a compromise.

Drug Policy

Congress Set to Vote Today on Four Amendments to Reign in DEA. Congress is set to vote today on at least four amendments aimed at reigning in the Drug Enforcement Administration (DEA). One would prohibit DEA from interfering in states that allow medical marijuana; another would prohibit it from blocking hemp seed imports in states that have approved hemp research; a third would prohibit it from undermining state laws that allow for hemp cultivation; and a fourth would reject a proposed $35 million increase in the DEA's FY 2015 budget.

Heroin

Today's Heroin Users Are Mainly Young, White and Not in the Big City, New Study Finds. A new research article published in the Journal of the American Medical Association finds that, unlike the heroin boom of the 1960s, most heroin users today are young white men whose opiate habits overwhelmingly started with prescription pain pills. "Our data show that the demographic composition of heroin users entering treatment has shifted over the last 50 years such that heroin use has changed from an inner-city, minority-centered problem to one that has a more widespread geographical distribution, involving primarily white men and women in their late 20s living outside of large urban areas," the authors concluded.

Law Enforcement

Minnesota Prosecutor "Sending a Message" Charges Five Teens With Murder in Teen Girl's Overdose Death. Washington County Attorney Pete Orput has charged five local teenagers with murder in the January death of a 17-year-old girl who died after taking a new synthetic hallucinogen. "We think there's a moral obligation to keep kids free of drugs," said Orput. "We're sending a message that suppliers will be held fully to account." Those charged include a 19-year-old, an 18-year-old, and three 17-year-olds. Orput said the three minors will be charged as adults. The 19-year-old is accused of being the dealer; the others bought some of the drug and shared it among themselves and the dead girl.

Customs to Curtail Searches of General Aviation Aircraft Not Crossing Borders. After loud complaints from private pilots that their domestic flights were being searched for drugs by Customs agents, the Customs and Border Protection agency (CBP) has announced it will curtail the searches. An official told National Public Radio yesterday that "his agency has heard pilots' grievances and the program is being altered so as not to needlessly affront law-abiding pilots." The Airline Operators and Pilots Association has been raising a stink about the issue for the past year, saying it has received more than 50 reports from members who recounted their encounters with law enforcement at airports.

Georgia SWAT Team Throws Flash-Bang Grenade, Burns Toddler in Drug Raid. A 2-year-old child was burned when members of the Habersham County Special Response Team deployed a "distraction device" as they executed a drug search warrant early yesterday morning. The raid came a day after a snitch made a drug buy at the home and reported no children present. The raiders got themselves a no-knock warrant and breached the door of the home. "What had happened was there was a playpen -- a Pack N Play -- that was pushed up against the door, and when they breached the door it wouldn't open up because of the Pack N Play," Sheriff Joey Terrell said. "It was just wide enough to toss the flash bang in, then they had to physically push it [Pack N Play] on out of the way to get in. That's when the team medics saw the child, stopped at the child, took the child out and began first aid. "The door that we entered was the door that we bought dope out of -- that's why entered at that door," Terrell said. "Our team went by the book. Given the same scenario, we'll do the same thing again. I stand behind what our team did," he maintained. He blames the target of the warrant. Read the whole story at the link.

Sentencing

California Senate Approves Bill to Eliminate Crack/Powder Cocaine Sentencing Disparity. The state Senate Wednesday approved a bill that would equalize the penalties for crack and powder cocaine sales and make it easier to get probation for either. The measure is Senate Bill 1010, introduced by Sen. Holly Mitchell (D-Los Angeles). It now goes to the Assembly.

International

Peru Names Former Defense Minister as New Drug Czar. President Ollanta Humala has named former Defense Minister Luis Otorala as the new head of the Peruvian anti-drug agency, DEVIDA. He replaces Carman Masias. Otarola said that while eradication of coca crops will continue, greater emphasis will be placed on economic alternatives for farmers. Hardline critics said the move and the new emphasis "showed a weakening in the resolve of the government" to confront the drug trade. Peru is once again the world's leading coca and cocaine producer.

Medical Marijuana Bill Introduced in Philippines. Rep. Rodolfo Albano III has filed a medical marijuana bill in the Philippine legislature. House Bill 4477, the Compassionate Use of Medical Cannabis Bill, is intended "to provide accessible, affordable, safe medical cannabis to qualifying patients."

British Columbia Supreme Court Grants Injunction for Heroin Treatment Study to Continue. Canada's BC Supreme Court today granted an injunction for an exemption from federal drug laws for participants in the SALOME study (The Study to Assess Long-term Opioid Maintenance Effectiveness). The injunction will allow doctors in the study to continue prescribing heroin to patients for whom other treatment options have been ineffective.

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