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Fort Worth Man Killed in Drug Raid

A Fort Worth, Texas, resident was shot and killed by members of the Tarrant County Narcotics Unit as they executed a search warrant Friday night. The as yet unidentified victim becomes the 36th person to die in US domestic drug law enforcement operations so far this year.

According to WFAA TV News, citing a Fort Worth police captain, six members of the unit's Northeast Division arrived at the Tulip Tree Drive residence at about 8:45pm. When they broke down the door, the man inside was holding a shotgun and pointing it at officers.

One officer from nearby Euless fired once at the man, striking him at the chest. He was pronounced dead at the scene.

While police did not identify the man, they did say he was 30 years old.

Four other people inside the home were taken into custody, but it is not clear if they were actually arrested.

The Fort Worth Police Department is investigating the shooting.

Fort Worth, TX
United States

DEA Raiding Medical Marijuana Dispensaries in Denver! [FEATURE]

DEA and IRS agents backed up by Denver and other state and local law enforcement raided a number of Denver area medical marijuana dispensaries and grow operations Thursday. The US Attorney for Colorado's office confirmed the raids were taking place.

a Denver medical marijuana dispensary (not one of those raided Thursday) (wikipedia.org)
"The Drug Enforcement Administration, Internal Revenue Service Criminal Investigations, the Denver Police Department and state and local law enforcement are today executing lawfully obtained search warrants and seizure warrants," said Jeff Dorschner, spokesman for the US Attorney for Colorado's office in a Thursday statement

"Although we cannot at this time discuss the substance of this pending investigation, the operation under way today comports with the Department's recent guidance regarding marijuana enforcement matters," Dorschner added. "As this is an on-going investigation, no additional information will be made available," he said.

Dorschner was referring to an August 29 Justice Department memorandum to federal prosecutors that said the Obama administration would not interfere with marijuana legalization provided certain boundaries were not crossed. US Attorney for Colorado John Walsh laid them out in his own statement that same day.

"Of particular concern to the US Attorney's Office are cases involving marijuana trafficking directly or indirectly to children and young people; trafficking that involves violence or other federal criminal activity; trafficking conducted or financed by street gangs and drug cartels; cultivation of marijuana on Colorado's extensive state and federal public lands; and trafficking across state and international lines," Walsh explained.

The Thursday raids come less than two months before state-legal marijuana retail stores open for business on January 1.

The Denver Post reported that the number of sites hit was "about a dozen," while the alternative weekly Westword put the number at fewer than 20, although that number is tentative. Among businesses mentioned by "reliable sources within the scene" to Westword are VIP Wellness, Cherry Top Farms, marQaha, and Swiss Medical in Boulder. Westword printed a photo of police cars in the parking lot of marQaha, while the Post printed a photo of piles of uprooted marijuana plants lying in the snow outside Swiss Medical.

Westword also reported that the owner of Swiss Medical told it that the raid there was prompted by one person among multiple tenants using its space, but that the raiders seized all the plants belonging to anyone who had a grow there. That's similar to what happened at Cherry Top Farms in 2011, when federal raiders targeting one grower seized all the plants on the scene.

"We do not yet know the details of these latest federal actions, so it is too soon to say what inspired them," said Denver-based Marijuana Policy Project spokesman Mason Tvert. "The Justice Department said it would respect states' rights to regulate marijuana, and that it would not go after businesses as long as they are complying with state laws. We hope they are sticking to their word and not interfering with any state-regulated, law-abiding businesses."

Tvert emphasized that at this point he does not know whether any of the businesses struck are accused of violating state laws.

"Colorado has demonstrated that regulating marijuana works," Tvert said. "Those businesses that are in clear compliance with state laws are meeting the needs of the community and not causing problems. As a result, they have not faced much in the way of federal interference. If a business is suspected of violating state laws, they will likely face increased scrutiny, and if they are found to be in violation, they will likely face consequences. That is how our society treats alcohol, and that is how we expect to see marijuana treated."

Denver-based attorney and marijuana activist Rob Corry was less diplomatic. He told the Post the Justice Department was acting like a bully and targeting "mostly mom-and-pop businesses."

"That is true to form, the DOJ, behaving like the classic schoolyard bully picking on the little guy," he said. "The DOJ needs to explain in a logical fashion why they are picking and choosing, going after only some of these entities when every one of them selling marijuana is running afoul of the federal law."

Denver, CO
United States

New Daily Roundups from Drug War Chronicle

If you've been following Drug War Chronicle on our web site the past week, you have probably noticed a new, daily feature, "Chronicle AM." The AM is a roundup of stories that have hit the news wires. As Phil noted in his award speech two weeks ago, there is too much happening now to be able to give it all even medium-level coverage, much less to do so quickly. Chronicle AM is a way to survey a lot of the important stories each day, and we continue to publish our usual features and newsbriefs on a daily basis too. The following are the stories we noted in Chronicle AM installments during the past week.

Marijuana Policy

New Hampshire Marijuana Legalization Bill Dies in Committee. House Bill 492, which would have taxed and regulated marijuana like alcohol was defeated in the House Criminal Justice and Public Safety Committee Wednesday on an 11-7 vote. The action came just a week after a state poll showed 60% supported the bill.

Federal Judge Cuts Marijuana Sentences. Maryland US District Court Judge James Bredar Monday handed down sentences lighter than called for in federal guidelines in a major marijuana smuggling case, saying such offenses are "not regarded with the same seriousness" as they were just a few decades ago. Bredar also noted that the federal government's decision to largely leave marijuana sales in legalization states raised "equal justice" concerns.

Amendments Filed to California Marijuana Legalization Initiative. Americans for Policy Reform, the people behind the 2014 Marijuana Control, Legalization and Revenue Act initiative, Wednesday filed amendments to the proposed law. They include strengthening some penalties and clarifying medical marijuana patient ID card requirements. This is one of two initiatives aiming at 2014 in California, neither of which have big donor support.

Portland, Maine, Marijuana Legalization Initiative Draws Late Opposition. Small signs urging Portlanders to "Vote No on Question 1, NO to POTland" have begun popping up just days before the city votes on legalization next week. Who put them up is a mystery; no group has filed paperwork at city hall opposing the initiative. The initiative would not legalize marijuana per se, but would allow people 21 and over to "engage in activities for the purposes of ascertaining the possession of marijuana and paraphernalia."

Arkansas Attorney General Rejects Marijuana Legalization Initiative. Attorney General Dustin McDaniel Tuesday rejected the ballot title for a proposed legalization initiative, saying the language was ambiguous. This is the second time he has rejected the measure, which can still be rewritten and resubmitted.

Colorado to Vote Tuesday on Marijuana Tax. Colorado voters will decide Tuesday whether to impose a 15% excise tax on marijuana sales to pay for school construction and a 10% sales tax to pay for marijuana regulation. The tax vote wasn't included in Amendment 64 because state law requires any new taxes to be approved by the voters. The measure is expected to pass despite opposition from some marijuana activists.

No Pot in Washington Bars, State Regulators Say. The Washington State Liquor Control Board Wednesday filed a draft rule banning any business with a liquor license from allowing on-site marijuana use. The state's pot law already bars public use, including in bars, clubs, and restaurants, but some businesses have tried to find loopholes allowing customers to use on premise, such as by having "private clubs" within the establishment.

DC Marijuana Reform Moves Could Spur Congress to Ponder Legalization. The DC city council appears set to approve decriminalization, and DC marijuana activists are pondering a 2014 ballot initiative to legalize marijuana. That could set the stage for Congress to finally turn its sights on federal marijuana legalization, Bloomberg News suggested in this think piece.

One-Fourth of Americans Would Buy Legal Weed, Poll Finds. At least one out of four Americans (26%) said they would buy marijuana at least on "rare occasions" if it were legal, according to a Huffington Post/YouGov poll released Thursday. Only 9% said they buy it on rare occasions now. One out of six (16%) of respondents said they never buy it now, but might if it were legal.

Dispensaries like this one could become marijuana retail stores in Colorado.
Let A Hundred Pot Shops Bloom… in Colorado. The Colorado Marijuana Enforcement Division reported late last week that it has received applications from 136 people seeking to open adult use marijuana retail stores. By law, only people currently operating medical marijuana businesses could apply. Those who applied by the end of October will have decisions on their applications before year's end, meaning they could open on January 1, the earliest date adult marijuana sales will be allowed in the state.

NYC Subway Vigilante Bernie Goetz Busted in Penny Ante Marijuana Sting. The New York City man who became a national figure after shooting four teens who asked him for money on the subway back in 1984 was arrested last Friday over a $30 marijuana sale. Bernie Goetz is accused of selling the miniscule amount of marijuana to an undercover officer.

Colorado Voters Approve Marijuana Taxes. Colorado voters approved a taxation scheme that will add 25% in wholesale and retail taxes to the price of legally sold marijuana in the state. Proposition AA was winning with 64% of the vote at last report.

Three Michigan Cities Approve Marijuana Measures. Voters in the Michigan cities of Lansing, Jackson, and Ferndale handily approved local measures to legalize the possession of small amounts of marijuana by adults 21 and over. The measures passed with 69% of the vote in Ferndale, 63% in Lansing, and 61% in Jackson. The trio of towns now join other Michigan cities, including Grand Rapids and Detroit, that have municipally decriminalized pot possession.

Medical Marijuana

Florida Lawmakers Oppose Medical Marijuana Initiative. Florida House and Senate leaders said late last week that they will join Attorney General Pam Bondi (R) in asking the state Supreme Court to block a medical marijuana initiative from going to the ballot. "We certainly don't want a situation like they've got in Colorado," explained state Rep. Doug Holder (R-Venice). Petitioners have gathered only about 200,000 of the more than 600,000 signatures they need to make the ballot. They have until February, unless the state Supreme Court puts the kibosh on the effort.

Florida Governor Candidate Supports Medical Marijuana Initiative. Candidate for the Democratic gubernatorial nomination Nan Rich said last Friday she supports a proposed medical marijuana ballot initiative. "I've seen the research, I've studied the issue, and I've met with patients who clearly benefit and desperately need medically prescribed cannabis," Rich said in a statement. "That's why I'm signing the petition to get this important measure on the ballot in 2014 and I'm calling on all of my friends and supporters to do the same. There is simply no reason patients should suffer when an effective, safe, and organic remedy is readily available."

Washington State Regulators to Hold Hearing on Controversial Medical Marijuana Plans. The Washington state Liquor Control Board announced last Friday it will hold a hearing November 13 in Lacey to take public testimony on proposed changes to the state's medical marijuana system. Regulators have issued draft recommendations that would reduce the amount of medical marijuana patients could possess and end their ability to grow their own, among other things.

Search and Seizure

Federal Appeals Court Blocks Judge's Ruling on NYPD Stop-and-Frisk. The 2nd US Court of Appeals in New York City blocked an order by District Court Judge Shira Scheindlin requiring changes in the NYPD's much criticized stop-and-frisk program. In an unusual move, the appeals court also removed Judge Scheindlin from the case, saying she had violated the code of conduct for federal judges by giving media interviews and publicly responding to criticism of her court. Scheindlin had found that NYPD violated the civil rights of tens of thousands of people by subjecting them to stop-and-frisk searches based on their race.

New Mexico Man Sues over Forced Anal Drug Search. A Deming, New Mexico, man detained for running a stop sign allegedly had his buttocks clenched when ordered out of his vehicle by police, leading them to suspect he had drugs secreted in his rectum. Police obtained a search warrant from a compliant judge, then had medical personnel forcibly subject the man to repeated anal probes, enemas, and a colonoscopy in a futile attempt to find any drugs. In addition to the unreasonableness of the invasive searches, they also took place outside of the jurisdiction where the warrant was issued and after the timeline specified in the warrant. The victim, David Eckert, ought to be picking up a nice check one of these years.

Second New Mexico Anal Drug Search Victim Emerges. Yesterday, the Chronicle AM noted the case of Deming, New Mexico, resident David Eckert, who was subjected to anal probes, enemas, x-rays, and colonoscopies without his consent after being pulled over for running a stop sign. The cops suspected he had drugs. He didn't and is now suing the police, the county, and the medical personnel who participated. Now, a second victim has emerged. Timothy Young was stopped for failure to use a turn signal. As was the case with Eckert, a drug dog -- Leo the K-9 -- alerted, but as was the case with Eckert, no drugs were found, despite the extensive invasive searches. Turns out the drug dog has not been certified for more than two years and has a history of false alerts, and the hospital where the searches were conducted was not within the jurisdiction of the search warrant. It looks like another New Mexico resident will get a big check at the taxpayers' expense one of these days.

Drug Testing

Truckers Object to Federal Bill to Allow Hair Drug Tests. A bill pending in Congress, House Resolution 3403, the "Drug Free Commercial Driver Act of 2013," is drawing opposition from an independent trucker group, the association's organ Landline Magazine reports. The bill would allow trucking companies to use hair testing for pre-employment and random drug tests. Currently, federal regulations mandate urine testing and allow hair testing only in conjunction with urine tests, not as a replacement. Hair-based testing can reveal drug use weeks or months prior to the testing date. The independent truckers accuse bill sponsors of carrying water for larger trucking firms that want to undercut their competition.

Michigan Governor Signs Unemployment Drug Testing Law. Gov. Rick Snyder (R) Tuesday signed a bill that denies unemployment benefits to job seekers who fail employer drug tests. The law is in effect for one year as a pilot program.

Drug Testing Provision Stripped from New Hampshire Hep C Bill. A bill written in the wake of an outbreak of Hep C infections linked to an Exeter Hospital employee will not include random drug testing for health care employees. The bill, House Bill 597, originally contained such language, but it was stripped out in the House Health, Human Services, and Elderly Affairs Committee. Federal courts have held that drug tests constitute a search under the meaning of the Fourth Amendment and thus require probable cause, except in limited circumstances.

Psychedelics

New Group Formed to Assure Sustainability of Psychedelic Plants. The Ethnobotanical Stewardship Council was launched at the International Drug Policy Reform Conference in Denver last weekend. It will concentrate on "assuring the sustainability and safe use of traditional plants," and prominently mentioned ayahuasca in its formation announcement.

Sentencing Reform

Bipartisan Mandatory Minimum Reform Bill Introduced in US House. On Wednesday, Reps. Raul Labrador (R-ID) and Bobby Scott (D-VA) introduced the Smarter Sentencing Act, which would significantly reform mandatory minimum drug sentencing policies. Companion legislation in the Senate, Senate Bill 1410, was introduced in July. The bills would halve mandatory minimum sentence lengths and expand safety valve access, as well as extend retroactivity under the Fair Sentencing Act of 2010.

Study Shows Way to Louisiana Sentencing Reform. A study released Tuesday by the Reason Foundation, the Pelican Institute for Public Policy, and the Texas Public Policy Foundation details how Louisiana can reduce its prison population and corrections spending without lessening public safety by eliminating mandatory minimum sentences for nonviolent offenders and reforming its habitual offender law. The study, "Smart on Sentencing, Smart on Crime: Reforming Louisiana's Determinate Sentencing Laws," is available online here.

International

At Least Five Dead in Mexico Vigilante vs. Cartel Clashes. Attacks in the Western Mexican state of Michoacan, home of the Knights Templar cartel, between anti-cartel vigilantes and cartel members left at least five dead and thousands without electric power last weekend. The fighting erupted after anti-cartel "self defense forces" marched Friday in the Knights Templar stronghold of Apatzingan and accelerated over the weekend. Vigilantes said they saw the bodies of at least 12 cartel members.

UNODC Head Says Afghan Opium Crop is Thriving, Spreading. In remarks in advance of the release of the UN Office on Drugs and Crime's annual Afghan opium survey early in November, UNODC head Yury Fedotov warned that the poppy crop will increase for the third straight year and that cultivation had spread into formerly poppy-free areas under central government control. Afghanistan accounts for about 90% of the global illicit opium supply.

New Zealand to Host International Conference on Drug Reform Laws. The country has drawn international attention for its innovative approach to new synthetic drugs -- regulating instead of prohibiting them -- and will be the site of a March 20, 2014 "Pathway to Reform" conference explaining how the domestic synthetic drug industry began, how the regulatory approach was chosen and how it works. International attendees will include Drug Policy Alliance head Ethan Nadelmann and Amanda Fielding, of Britain's Beckley Foundation.

Canada SSDP to Hold National Conference in Vancouver. Canadian Students for Sensible Drug Policy (CSSDP) will hold its sixth annual conference on November 22-24 in Vancouver, BC. Featured speakers will include Donald McPherson, head of the Canadian Drug Policy Coalition; Dana Larsen, director of Sensible BC and the Vancouver Dispensary Society; and Missi Woolrdige, director of DanceSafe, among others.

Hong Kong Docs Criticize Government Drug Testing Plan. The Hong Kong Medical Association said Monday that a government plan to allow police to test anyone for drug use based on "reasonable suspicion" is flawed and violates basic human rights. The local government began a four-month consultation on the plan in September, and now the doctors have weighed in. The association said that drug testing was an unproven method of reducing drug use and resources should instead be devoted to prevention and education campaigns and cooperation with mainland police against drug trafficking.

India to Greatly Expand Opiate Maintenence Centers. Responding to an increase in the number of injection drug users, the Indian government is moving to expand the number of its Opiate Substitution Therapy (OST) centers six-fold, from a current 52 to 300 by the end of the year. Drug user groups, including the Indian Drug Users Forum, and harm reduction groups, such as Project Orchid have been involved in planning the expansion. It's not clear what drug the Indians are using in OST.

Ireland Parliament to Debate Marijuana Legalization This Week. A private motion by independent Dail, or Irish parliament, member Luke "Ming" Flanagan will be debated on Tuesday and Wednesday. Flanagan's bill would make it legal to possess, grow, and sell marijuana products.

Cartel Violence Flares in Mexican Border Town. Sunday shootouts between rival drug trafficking organizations and between traffickers and soldiers left at least 13 people dead in the Mexican border town of Matamoros, just across the Rio Grande River from Brownville, Texas. Four men and a woman were killed in clashes between rival gangs, and eight more died in fighting with Mexican Marines. Somewhere north of 75,000 people have been killed in violence since former President Felipe Calderon called out the armed forces to wage war on the cartels six and a half years ago. Meanwhile, the drugs continue to flow north and the guns and cash flow south.

Toronto Mayor Rob Ford (wikipedia.org)
Toronto Mayor Admits He Smoked Crack, But Says He's Not an Addict. Months after rumors of a video showing Toronto Mayor Rob Ford smoking crack cocaine emerged, but only days after Toronto police said they had a copy of that video, Ford told reporters Tuesday that he had indeed smoked crack, but that he did so "in a drunken stupor" and that he wasn't an addict. Time will tell if his political career survives the revelation.

Marijuana Legalization Debate Looms in Morocco. Moroccan activists and politicians are close to firming up a date later this month for the parliament to hear a seminar on the economic implications of legalization hosted by the powerful Party of Authenticity and Modernity. Morocco is one of the world's largest marijuana producers, with output estimated at 40,000 tons a year, most of which is transformed into hashish and destined for European markets.

Czech Police in Mass Raid on Grow Shops. Although the Czech Republic has a reputation as a pot-friendly destination, recreational marijuana use remains illegal. Czech police served up a reminder of that reality Tuesday, raiding dozens of stores that sell growers' supplies. Police seized fertilizer, grow lights, and marijuana growing guidebooks and said they suspected store owners of violating drug laws by providing people with all the equipment they needed to grow their own. There was no mention made of any arrests.

New Zealand Court Says Employer Can't Force Workers to Undergo Drug Tests. New Zealand's Employment Court has ruled that companies cannot impose random drug tests on workers, nor discipline them for refusing such a test. Mighty River Power Company had a collective bargaining agreement with workers, which allowed testing only under specified circumstances, but initiated random drug tests later. If the company wants random drug test, the court said, it would need to negotiate a new provision in the collective bargaining agreement.

Mexican Military Takes over Key Pacific Seaport in Bid to Fight Cartels. The Mexican military has moved into the major port of Lazaro Cardenas and the adjoining town of the same name in the violence-plagued state of Michoacan. Soldiers are now responsible for policing duties, and all 113 police officers in Lazaro Cardenas have been sidelined until they undergo drug testing and police training. The port of Lazaro Cardenas is the main entrepot for precursor chemicals used in the manufacture of methamphetamine, which is produced in the state by the Knights Templar cartel. The Knights are also engaged in ongoing fighting with vigilante "self-defense" forces in the state.

(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--November 5, 2013

An especially egregious drug war excess in New Mexico makes the news, the mayor of Toronto 'fesses up to smoking crack, Morocco gets ready to talk marijuana legalization, and more. Let's get to it:

Toronto Mayor Rob Ford (wikipedia.org)
Drug Testing

Drug Testing Provision Stripped from New Hampshire Hep C Bill. A bill written in the wake of an outbreak of Hep C infections linked to an Exeter Hospital employee will not include random drug testing for health care employees. The bill, House Bill 597, originally contained such language, but it was stripped out in the House Health, Human Services, and Elderly Affairs Committee. Federal courts have held that drug tests constitute a search under the meaning of the Fourth Amendment and thus require probable cause, except in limited circumstances.

Search and Seizure

New Mexico Man Sues over Forced Anal Drug Search. A Deming, New Mexico, man detained for running a stop sign allegedly had his buttocks clenched when ordered out of his vehicle by police, leading them to suspect he had drugs secreted in his rectum. Police obtained a search warrant from a compliant judge, then had medical personnel forcibly subject the man to repeated anal probes, enemas, and a colonoscopy in a futile attempt to find any drugs. In addition to the unreasonableness of the invasive searches, they also took place outside of the jurisdiction where the warrant was issued and after the timeline specified in the warrant. The victim, David Eckert, ought to be picking up a nice check one of these years.

International

Toronto Mayor Admits He Smoked Crack, But Says He's Not an Addict. Months after rumors of a video showing Toronto Mayor Rob Ford smoking crack cocaine emerged, but only days after Toronto police said they had a copy of that video, Ford told reporters Tuesday that he had indeed smoked crack, but that he did so "in a drunken stupor" and that he wasn't an addict. Time will tell if his political career survives the revelation. 

Marijuana Legalization Debate Looms in Morocco. Moroccan activists and politicians are close to firming up a date later this month for the parliament to hear a seminar on the economic implications of legalization hosted by the powerful Party of Authenticity and Modernity. Morocco is one of the world's largest marijuana producers, with output estimated at 40,000 tons a year, most of which is transformed into hashish and destined for European markets.

Czech Police in Mass Raid on Grow Shops. Although the Czech Republic has a reputation as a pot-friendly destination, recreational marijuana use remains illegal. Czech police served up a reminder of that reality Tuesday, raiding dozens of stores that sell growers' supplies. Police seized fertilizer, grow lights, and marijuana growing guidebooks and said they suspected store owners of violating drug laws by providing people with all the equipment they needed to grow their own. There was no mention made of any arrests.

New Zealand Court Says Employer Can't Force Workers to Undergo Drug Tests. New Zealand's Employment Court has ruled that companies cannot impose random drug tests on workers, nor discipline them for refusing such a test. Mighty River Power Company had a collective bargaining agreement with workers, which allowed testing only under specified circumstances, but initiated random drug tests later. If the company wants random drug test, the court said, it would need to negotiate a new provision in the collective bargaining agreement.

Tennessee Cops Kill Man in Meth Lab Raid

Sullivan County sheriff's deputies shot and killed a man attempting to flee in a vehicle Friday night as they conducted a raid on a residence where a meth lab was suspected to be operating. Kenneth Ray Clark, 47, becomes the 33rd person to die in US domestic drug law enforcement operations so far this year.

According to the Bristol Times-News, citing police sources, officers with the Sheriff's Office Vice Unit, the 1st Judicial Drug Task Force, and the Tennessee Methamphetamine Task Force were dispatched to a Bristol residence after receiving information that a meth lab was operating there and that a person with outstanding warrants was there.

Upon arriving at the property, officers found Clark in a vehicle. Police said he refused to get out of the vehicle and, in an attempt to flee the scene, "tried to run over at least two officers." Officers then opened fire on the vehicle, striking Clark. Clark managed to drive approximately a mile, where police found him dead in his vehicle.

Clark was wanted on a probation violation warrant in Sullivan County. He also reportedly had an unspecified outstanding warrant from nearby Bristol, Virginia.

Although Clark allegedly "tried to run over at least two officers," there was no mention of any injury to any of the officers involved.

The shooting will be investigated by the Tennessee Bureau of Investigation.

Bristol, TN
United States

Medical Marijuana Update

The feds back off in some Southern California asset forfeiture cases, an Iowa newspaper tells local authorities to back off from prosecuting a cancer patient, and several states move forward with implementing their medical marijuana laws. And more. Let's get to it:

Arizona

Last Thursday, Navajo County sheriff's deputies raided a dispensary in Pinetop. They hit the Beyond Compassion dispensary, owned by Mike Lytle. Lytle also owned the Mountain Meds dispensary in Lakeside that was raided earlier this year. He was charged with five drug-related felonies in that case, which is still pending. He racked up two more felony possession of marijuana for sale charges Thursday.

Arkansas

Last Thursday, the state attorney general approved the wording of a medical marijuana initiative. Attorney General Dustin McDaniel approved an initiative submitted by Arkansans for Compassionate Care that would allow patients to grow their own or buy it from a dispensary. McDaniel earlier approved another medical marijuana initiative that would not allow patients to grow their own.

California

On Tuesday, federal prosecutors dropped their case against an Anaheim landlord whose property they tried to seize over a $37 medical marijuana sale. Under federal pressure, Tony Jalali had already evicted a dispensary he had rented to when the feds brought their asset forfeiture action. Prosecutors had been seeking to drop the case for months, but had insisted that he agree to surprise inspections and promise never to rent to another dispensary. They didn't get that, but Jalali did agree not to demand that the US government pay his attorney fees. The feds dropped the case with prejudice, meaning they cannot threaten to seize his property again. They also dropped two other asset forfeiture cases, but those agreements have been finalized with the courts.

Last Thursday, a Riverside County dispensary sued the city of Murrieta over its decision to ban dispensaries and medical marijuana delivery services. Compassionate Care Beneficiaries seeks a peremptory writ of mandate to set aside the city's decision. It alleges that Murrieta violated state environmental laws by failing to evaluate the potential air pollution and traffic impacts of barring dispensaries and forcing residents who use marijuana legally for medicinal purposes to drive miles farther to obtain it.

On Tuesday, the Santa Cruz County Board of Supervisors moved closer to new medical marijuana regulations. The board is considering rules that would prohibit dispensaries within 600 feet of schools or each other, restricts hours and signage, and could require background checks of dispensary managers or dispensary board members. They would also limit home grows to 100 square feet indoors and 1,000 square feet outdoors. The ordinance will have a final vote on October 22.

Connecticut

Late last month, the state began accepting cultivation and dispensary applications. Patients have been able to sign up for the medical marijuana registry for the past year, but no one has yet been authorized to cultivate marijuana. Now, the state is finally moving forward.

Iowa

On Sunday, the Quad-City Times editorialized against prosecuting a cancer patient for growing medical marijuana. The newspaper accused the Scott County justice system of enforcing "the letter of a law that is doing much more harm than good" in the case of Benton Mackenzie, who was arrested along with his wife, son, and parents for growing marijuana he used to alleviate his cancer treatments. Mackenzie was jailed for two months until authorities realized they might be stuck with his medical bills, and is now free awaiting trial. "Iowa is overdue for marijuana law reform in response to growing clinical evidence of its medicinal value," the paper concluded. "Iowa and Illinois are overdue for decriminalizing a substance readily available despite decades of targeted enforcement." The Quad Cities are a trans-Mississippi River metropolitan area consisting of Davenport and Bettendorf, Iowa, and Moline and Rock Island, Illinois (and East Moline, too).

Kansas

Last Friday, the Kansas Silver-Haired Legislature endorsed medical marijuana. The group focuses on legislation affecting Kansas senior citizens and said in a resolution that medical marijuana brings relief for numerous conditions "often found among senior citizens" as well as slowing the progress of two conditions common to senior citizens -- Alzheimer's Disease and glaucoma. Medical marijuana has gained virtually no traction in the Republican-dominated state legislature.

Michigan

Last Thursday, a Lansing couple whose medical marijuana use resulted in the state seizing their infant daughter saw felony drug charges against them dropped. Steve and Maria Green were arrested on marijuana manufacturing charges in 2011, but the Oakland County prosecutor dropped the charges after it was proven that Steve Green was a patient and his wife a caregiver. But the filing of those charges played a role in the state's decision last month to remove their daughter from their home. It's unclear how the dropping of charges will affect their battle to regain custody of their daughter, who is currently living with Maria Green's mother.

Nevada

On Friday, state officials released their 80-page draft medical marijuana dispensary regulations. The move comes after the legislature this year passed a dispensary bill, which is set to go into effect in April. The state Division of Public and Behavioral Health released the draft, which sets broad guidelines for growers, dispensaries and test labs. The draft has already excited numerous concerns and comments, and is subject to revision.

New Jersey

Last Friday, a second dispensary won approval to start selling marijuana to patients. The Health Department announced that the Compassionate Care Foundation in Egg Harbor Township can open for business. It has been growing marijuana since June, but has not announced an exact opening date. The state has authorized six dispensaries, but so far, only one has opened.

Vermont

On Tuesday, the Rockingham Selectboard approved an ordinance banning dispensaries. The vote came after the police chief said he didn't want a dispensary in the city and a village resident said the town already faced drug abuse issues. The ordinance can be overturned by a majority of voters at the next town meeting.

Washington

On Sunday, a medical marijuana farmers' market reopened in Seattle. While providing candies, lotions, and dried buds to patients, the market is also part of an ongoing fight by the state's patients and medical marijuana industry to ensure that their rights are kept in mind as the state moves toward legally regulated marijuana for all adults.

Wisconsin

Last Thursday, two Democratic legislators announced they would file a medical marijuana bill in the state legislature. Rep. Chris Taylor of Madison and Sen. Jon Erpenbach of Middleton held a news conference Thursday to announce a new bill, saying marijuana can provide pain relief other medication doesn't. A similar measure in 2010 got a hearing, but went nowhere after that under Democratic leadership. In 2011, a similar bill got nowhere at all under a Republican-controlled legislature. The Republicans still control both houses.

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

Armed Drug Suspect Killed in Houston SWAT Raid

A drug suspect was shot and killed by a member of a Houston Police Department SWAT team early Wednesday. The as yet unnamed man becomes the 30th person to die in US domestic drug law enforcement operations so far this year.

According to the Houston Chronicle, which cited police sources, SWAT team members were executing a narcotics search warrant at dawn in northeast Harris County when they encountered the man, described as a Hispanic in his 40s or 50s. As SWAT members entered the home from the side and front, "the suspect produced a handgun when confronted and was shot by a member of the team." The shooter was identified as Houston Police Officer SJ Hamala.

The dead man was one of four people named in the warrant. The other three were not found at the residence and remain at large.

Police said they used a SWAT team to conduct the raid because they had information the suspect had many weapons in his home.

At last report, narcotics officers were on the scene and conducting an investigation. No word yet on what, if anything, was seized.

Houston, TX
United States

Big Payout in Drug Raid Killing of Ex-Marine

An Arizona county and several towns will pay big-time for the killing of homeowner Jose Guerena in a 2011 SWAT drug raid. The jurisdictions will pay $3.4 million to his widow to settle a lawsuit she filed after his death, the Associated Press reported last Thursday.

Jose Guerena
Guerena was gunned down in the hallway of his home by invading SWAT officers as he crouched defensively with an AR-15 in his hands. Five SWAT officers fired 72 shots at him, hitting him 22 times and killing him on the spot.

He had returned early that morning from working an overnight shift at the ASARCO mine, and was asleep in bed when his wife warned him that armed assailants were surrounding the house. He instructed his wife and four-year-old son to hide in a closet while he grabbed his rifle and went to confront the intruders. Police initially claimed he fired first, but that turned out not to be the case.

The case became a cause célèbre for critics of aggressive police tactics, even roiling the waters of the local Republican Party. A Google search for "Jose Guerena" now returns more than 62,000 hits.

His widow filed a $20 million lawsuit against Pima County and the towns of Marana, Sahuarita, and Oro Valley, all of which had officers on the SWAT team. She alleged that the SWAT team acted negligently throughout, beginning with the signing of the search warrant and extending to the period after Guerena was shot, when police left him lying on the floor for more than an hour before allowing medical treatment to begin.

Pima County prosecutors could find no fault with the raid or the SWAT team.

"Under the circumstances, and based upon our review of all the available evidence, we have concluded that the use of deadly force by the SWAT Team members was reasonable and justified under the law," ruled Pima County District Attorney Barbara LaWall. "Accordingly, the Pima County Attorney's Office finds no basis to prosecute," she concluded in her report.

Tucson, AZ
United States

New Orleans Police Officer Jailed for 2012 Drug War Killing

A New Orleans police officer who gunned down an unarmed 20-year-old man during a 2012 drug raid pleaded guilty to manslaughter last Friday and was led off to begin serving a four-year prison sentence. Joshua Colclough, 29, who resigned from the force the previous day, apologized to the family of his victim, Wendell Allen, before he was led away.

Colclough was part of a police team that raided a Gentilly home in March 2012 as part of a marijuana investigation. A shirtless, unarmed Allen appeared at the top of the stairs as Colclough searched the house, and Colclough shot and killed him.

Defense attorney Claude Kelly said Colclough made a split-second decision.

"Josh will live with this as will the Allen family, until the day he dies," Kelly said in court.

Colclough's apology to the family was the second in as many days. The day before the hearing, he met with Allen family members and tearfully apologized. The meeting was taped by WVUE-TV.

"I wanted to tell you for a very long time how sorry I am. I am so very sorry," he said during that meeting.

"I prayed for you. I prayed God have mercy on your soul, but what took you so long?" the victim's mother, Natasha Allen said at one point, also crying.

"I am so sorry it took so long. I'm very sorry for what I've put your family through," Colclough said.

Drug War Chronicle tallied 63 drug war deaths in 2012. Eight of the dead were law enforcement officers. Of the 55 civilian deaths, only two resulted in an officer being charged.

The other case was that of Ramarley Graham, an 18-year-old New York City resident who was gunned down in his own bathroom by an undercover officer who pursued him thinking he was armed. NYPD Officer Richard Haste was indicted in that case, but the indictment was dismissed because of prosecutorial error. The Justice Department is now investigating to determine if federal civil rights charges can be filed.

New Orleans, LA
United States

Chronicle Book Review: Rise of the Warrior Cop

Rise of the Warrior Cop: The Militarization of America's Police Forces, by Radley Balko (2013, Public Affairs Press, 382 pp., $27.99 HB)

Whatever happened to Officer Friendly? You may recall that program, designed to improve police-community relations by acquainting children and young adults with law enforcement officers and explaining to them that police were their friends and were there to help. It was popular in the 1960s, but largely died out by the 1980s, although vestiges remain at a few police departments scattered around the country.

There may still be a smiling Officer Friendly on the force somewhere these days, but you wouldn't know it, because he's all dressed up in paramilitary gear, looking like an Imperial Storm Trooper, and that smiling face (if it exists at all) is hidden behind the darkened visor of his riot helmet.

To be sure, Officer Friendly was always a public relations effort. Even back in the halcyon 1960s, his friendliness toward you was largely determined by your net wealth, your neighborhood, and your race. But back then, we still had a working Fourth Amendment and we didn't have the war on drugs at least the drug war that we have today. We didn't have SWAT teams marauding across the landscape. And if not all police officers were really friendly, at least they looked like normal human beings, not winners of a Darth Vader look-alike contest. [Ed: Most police officers aren't on SWAT teams and don't dress like Darth Vader -- but you know what we're saying.]

Written by veteran investigative journalist Radley Balko, who's been covering the drug war, policing, and criminal justice beat for years at places like Reason magazine, the Cato Institute and Huffington Post, Rise of the Warrior Cop explains what happened. It's a long story whose origins go back to colonial days, but in Balko's hands, an entertaining and illuminating story -- as well as depressing and frightening -- told with verve and gusto, meticulously researched, and filled with telling historical detail.

Balko traces the origins of policing back to the colonies and exposes the tension between fears of a standing army and the need for an effective force to maintain public order. He shows how the values (and fears) of the Founding Fathers were expressed both in the Castle Doctrine ("a man's home is his castle") and the Bill of Rights, whose 3rd Amendment forbade the stationing of troops in private homes in peacetime and whose Fourth Amendment protected persons and their homes from government intrusion without a warrant.

Balko's telescoping work brings us rapidly to the dawn of the contemporary period a half-century ago, when rising crime rates and social disorder sparked heightened public concern and increased willingness by the public and the men in blue to resort to ever more repressive and aggressive policing measures to stem the tide of anarchy unleashed by pot-smoking hippies, anti-war activists, and uppity blacks.

And if you want to put a face on the militarization of American policing, Balko has just the man for you: former LAPD Chief Darryl Gates, advocate of professionalized law enforcement, creator of the first SWAT team and proponent of harsh measures against drug users -- he told Congress they should be executed. Gates was first out of the blocks with SWAT, but in the years since then, SWAT teams popped up first in other big cities, then in medium-sized cities, and then in smaller towns and cities across the country.

Originally designed to be used in rare situations involving the need for special weapons and tactics (Special Weapons And Tactics, SWAT), such as riots like the one that swept Los Angeles in 1965 and hostage situations, such as the shootout involving the Symbionese Liberation Army, the group who kidnapped Patty Hearst, in 1974, Balko details how SWAT has undergone "mission creep." From being used rarely and only in the most extreme circumstances in the beginning, SWAT teams now are deployed dozens of times a day, tens of thousands of times a year, and are routinely used against low-level, nonviolent drug offenders.

The application of such aggressive policing gets people killed, including both cops and innocent citizens, as well as criminals. As he guides the reader through recent history, we revisit ugly scenes that regular Chronicle readers may recall, and some that many have doubtless never heard of. The litany of needless deaths because of law enforcement overkill is infuriating -- and terrifying.

Of course, police alone did not militarize themselves. Politicians, especially those trying to win votes playing the "law and order" card, encouraged, enabled, and emboldened police. And, as Balko brilliantly shows, the imperatives of the drug war were a key motivator for political leaders like Richard Nixon, Ronald Reagan, and George Bush the Elder, all of whom expanded and deepened the war on drug users and sellers largely for political gain.

The flip-side of the undeniable militarization of American policing is the steady erosion of the Castle Doctrine and the Fourth Amendment. Balko does a real service by detailing a line of Supreme Court decisions dating back decades, but really beginning to bite in the past 30 years, that successively eroded Fourth Amendment protections. While aimed, of course, at only the worst criminals, the loss of those protections is suffered by all of us.

It really seems like America is degenerating into a variety of police state, with peaceful demonstrators confronted by police riot squads, "no-knock" raids that seem more in place in a war zone than in an American city, a cornucopia of federal dollars and surplus military equipment turning every Barney Fife into Robocop. In addition to the imperatives of the drug war, police militarization has only been heightened by our now more than decade-long War on Terror.

But Balko sees some hopeful signs. He credits the rise of social media for casting a glaring light on police abuses and ensuring that the evidence is widely circulated. He notes that enthusiasm for the drug war is lagging and skepticism about government is growing. And he charts the beginnings of a path back to an America where the police are peace officers.

"The best reform to scale back the overly militarized, dangerously civil-liberties averse style of policing that prevails in this country would be to end the drug war all together," he writes, while acknowledging that's not very likely. But barring the end of drug prohibition, the federal government could at least end the federal drug war and the federal incentives to militarized policing. No more federal taxpayer dollars for local police funding, no more Byrne Grants to fund those cowboy drug task forces, no more surplus military equipment to turn local police into occupying armies (at least in certain neighborhoods).

Beyond that, local officials can work to halt the "mission creep" that has seen SWAT go from riots and hostage situations to raiding poker games and bars serving underage drinkers, or doing "administrative searches" of unlicensed barbers, as happened in Miami. And does the Department of Education really need its own SWAT team? And, as Maryland did after the infamous SWAT raid on Berwyn Heights Mayor Cheye Calvo, states can start demanding transparency and accountability from police commanders in the way they deploy such specialized units.

Rise of the Warrior Cop is an important book and deserves to be read by small government conservatives, civil libertarian liberals, police commanders, and politicians alike.  Balko makes a very strong case that the status quo is a threat not only to our liberties and our way of life, but to the very values on which the country was founded.

After reading Rise of the Warrior Cop, I'm in a bad mood. Some of the people responsible for this militarization of our police, like Darryl Gates, Richard Nixon, and Ronald Reagan are already burning in hell where they belong. Others, like Bush the Elder drug czar Bill Bennett, who also called for the death of drug users, civil liberties be damned, are not there yet, but deserve to be. Still others, like Joe Biden and a majority of the Supreme Court, are currently serving in some of the highest offices of the land. I guess I better not say what I think of them. I don't want to be visited by a SWAT team.

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