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Pot Apocalypse Looms, Marijuana Foes Warn

Not everybody is happy with Thursday's Justice Department announcement that it would not interfere with taxed, regulated, and legalized marijuana in Colorado and Washington. While the announcement was greeted with accolades (and some questions) by the drug policy reform community, opponents of marijuana law reform were up in arms and prophesying hellfire and damnation.

It's Reefer Sadness for prohibitonists today.
"Decades from now, the Obama administration will be remembered for undoing years of progress in reducing youth drug use in America," Dr. Paul Chabot of the Coalition for a Drug Free California said in a statement. "This president will be remembered for many failures, but none as large as this one, which will lead to massive youth drug use, destruction of community values, increased addiction and crime rates."

Chabot is also the the coauthor, along with Richard Morgan, of "The Eternal Battle Against Evil: A Comprehensive Strategy to Fight Terrorists, Drug Cartels, Pirates, Gangs, and Organized Crime," and the coalition web site also hawks Morgan's "Soros: The Drug Lord. Pricking the Bubble of American Supremacy."

While Chabot, with his Anslingerian fulminations and Manichean thinking, represents old school Reefer Madness-style prohibitionism, the new school prohibitionists aren't too pleased either.

"We can look forward to more drugged driving accidents, more school drop-outs, and poorer health outcomes as a new Big Marijuana industry targeting kids and minorities emerges to fuel the flames," warned former US Rep. Patrick Kennedy in a statement issued by Project SAM (Smart About Marijuana), a neo-prohibitionist organization that couches its policy aims amid public health concerns.

"This is disappointing, but it is only the first chapter in the long story about marijuana legalization in the US. In many ways, this will quicken the realization among people that more marijuana is never good for any community," said Project SAM cofounder and director Kevin Sabet.

Project SAM warned that after the Obama administration instructed prosecutors to go easy on medical marijuana in 2009, "public health consequences soared" and called on the federal government to fund "robust data monitoring systems" to track those alleged consequences.

"In Colorado, we've seen an explosion of consequences among kids as a result of the new industry that emerged around so-called medical marijuana after 2009," remarked Christian Thurstone, SAM Board Member and Denver Health treatment provider. "We now have to prepare the floodgates."

Just what will come through those floodgates, though, is unclear. Reform advocates point to 2011 data showing that youth marijuana use declined in Colorado since the state adopted its system of regulated dispensaries in 2009.

CADCA conference (nationalservice.gov)
The taxpayer-funded Community Anti-Drug Coalitions of America (CADCA) also weighed in with disappointment, doom, and gloom.

"The Department of Justice announced that it will not sue to block the implementation of laws in Colorado and Washington that legalize marijuana, despite the fact that these laws are in conflict with federal law," said CADCA head Gen. Arthur Dean in a statement. "CADCA and its more than 5,000 community coalitions across the country have been anticipating a response from the administration that would reaffirm the federal law and slow down this freight train. Instead, this decision sends a message to our citizens, youth, communities, states, and the international community at large that the enforcement of federal law related to marijuana is not a priority."

"The fact remains that smoked marijuana is not medicine, it has damaging effects on the developing adolescent brain, and can be addictive, as evidenced by the fact that 1 in 6 youth who use it will become addicted," Dean claimed, adding that the country is in "a growing crisis" as marijuana law reforms take hold. "The nation looks to our Justice Department to uphold and enforce federal laws. CADCA is disappointed in the Justice Department's decision to abdicate its legal right in this instance. We remain gravely concerned that we as a nation are turning a blind eye to the serious public health and public safety threats associated with widespread marijuana use."

Despite the bitter disappointment of the prohibitionists, marijuana law reform is moving forward, and the momentum is only likely to accelerate in the years to come. We may see in a few years if their dire warnings are correct -- if the country is still standing, that is.

In Profit-Sharing Scheme, Oklahoma DA Used Contractor for Highway Drug Stops

An asset forfeiture scheme that utilized a private security contractor to stop vehicles on Interstate 40 in Caddo County, Oklahoma, has been shut down after garnering strong criticism. Caddo County District Attorney Jason Hicks suspended the stops earlier this month after getting a tongue-lashing from a local judge.

highway drug interdiction search (ncjtc.org)
Hicks got the bright idea of hiring the private security contractor Desert Snow LLC to do on-site training with his local drug task force. Desert Snow claims to have trained more than 30,000 police across the country in interdiction techniques. "Providing criminal and terrorist interdiction training since 1989,"it boasts on its web site, and "20+ years of high quality 'no nonsense' instruction in the pursuit of America's worst criminals."

But beyond paying the private operators to train police, the contract DA Hicks agreed to in January gave Desert Snow 25% of all assets seized during training days and 10% of all assets seized even on days the contractors were not present.

Hicks told The Oklahoman he hired the contractors "because his drug task force had little success on drug stops" and because "he hoped to make money for his office from the drug stops because of a loss of federal funds."

Stops were made on a stretch of I-40 in Caddo County, and on some occasions, no drug were found and no one was arrested, but police seized money anyway after claiming that a drug-sniffing dog had alerted. Desert Snow had earned $40,000 so far this year from its share of seizures and was in line to receive another $212,000 from an $850,000 seizure before the program blew up in its face.

Under Oklahoma law, asset forfeiture funds are to be split among law enforcement agencies that took part in the operation. But in the deal brokered with Desert Snow, the private contractor gets its cut off the top.

The sweet deal came to an end earlier this month at a hearing where a local judge learned that Desert Snow owner Joe David had pulled over a pregnant driver on I-40 and questioned her even though he is not a state-certified law enforcement officer. David was wearing a gun and possibly a shirt that said "POLICE" on the back, according to his testimony. The stop was one of 400 conducted over a five-day period with Desert Snow in February.

"I'm shocked," said Caddo County Special Judge David Stephens at a July 2 hearing. "For people to pull over people on I-40 without that license is shocking to me."

Stephens urged David not to do it again. "If you do, I hope to see you soon, wearing orange," he said, referring to the color of jail uniforms in Caddo County.

The pregnant woman and her passengers were found to be carrying 25 pound of pot, but the criminal charges against her have been dismissed. Her attorney, Al Hoch, called for reform of the state's asset forfeiture laws, saying seized money should go to the state general fund instead of directly to law enforcement.

"Law enforcement is supposed to be a public service function, not a for-profit enterprise," he said.

Those remarks were echoed by well-known Oklahoma defense attorney Irven Box, who is representing a Colorado man charged with marijuana possession after he was pulled over for a cracked windshield. Private companies shouldn't be getting paid with funds from drug stops they are involved in, he said.

"That at least gives the appearance that these seizures are done for profit and not to protect the citizens," Box said.

Anadarko, OK
United States

Chronicle Book Review: Cannabis Nation and Marijuanamerica

Cannabis Nation: Control and Consumption in Britain, 1928-2008, by James Mills (2013, Oxford University Press, 292 pp., $65.00 HB)

Marijuanamerica: One Man's Quest to Understand America's Dysfunctional Love Affair with Weed, by Alfred Ryan Nerz (2013, Abrams Image, 271 pp., $19.95 HB)

The United States and the United Kingdom seem to be in two quite different places when it comes to marijuana and marijuana policy. On this side of the Atlantic, two states have legalized the weed, and in all likelihood, more will follow in 2014 and more yet in 2016. Meanwhile, medical marijuana continues to expand, and states that aren't quite ready for legalization are moving toward decriminalization.

National polls here are consistently showing that support for marijuana legalization has crossed the threshold into majority territory, weed-smoking is now the stuff of casual comment instead of horrified gasps, and, in what could the clearest sign of marijuana's growing acceptance, profit-minded entrepreneurs are beginning to line up for a chance to grab the grass ring. It's almost, but not quite, as if we have already won, and all that's left is clearing the last holdouts of pot prohibition.

On the other side of the Atlantic, things seem to be heading in the opposite direction. Heeding the advice of its drug experts (an increasingly rare thing there), Britain in effect decriminalized marijuana in 2004, but backtracked four years later, pushing it a notch back up its dangerous drug schedules. The British press is full of reports of raids on "cannabis factories," or what we would call indoor gardens, and replete with the sort of Reefer Madness nonsense that would make Harry Anslinger blush.

Fertilizer becomes "poison cannabis chemicals," the deadly "skunk" turns kids into homicidal "feral youths," and anti-cannabis crusade victims regularly appear before the courts to go through the self-abasing ritual of explaining that they should have mercy because their cannabis addiction ruined their lives. They know what they're supposed to say. When it comes to marijuana, in feels like 1963 in Britain instead of 2013.

Cannabis Nation and Marijuanamerica certainly reflect those differences in style as well as substance, even if they don't explain them. (And why should they? Neither makes a pretense at being a comparative study.) The former is a stately academic review of British pot policy in the last century, relying heavily on governmental files, diplomatic archives, commission reports, and police arrest records, while the latter is an impressionistic journey through American weed's Wild West, relying heavily on interviews, first-person reporting, some participatory journalism, and copious amounts of the chronic itself.

Despite their differences in tone and subject matter, both are worthwhile contributions to the rapidly increasing literature around marijuana and marijuana law reform. Cannabis Nation is authored by respected British drug historian James Mills and is the sequel to his 2003 Cannabis Britannica, which traced Britain's involvement with the herb from 1800 into the beginning of the 20th Century. In this second volume, Mills not only tracks the emergence of marijuana consumption in the metropole, but also the impact of Britain's legacy as a colonial power on its encounter with the weed.

There are parallels with the American experience, but also differences. In both countries, marijuana was the province of outsiders. Here, it was Mexicans and black jazz musicians who were the original consumers; in Britain, as Mills shows, it was South Asian, Caribbean, and Arab colonial subjects who brought pot-smoking to Albion. And before the aftermath of World War II, when Commonwealth citizens flooded into Britain, marijuana use was rare indeed. Mills shows the pre-war pot arrests were almost nonexistent, counted in the dozens annually, and almost entirely of merchant seamen of Arab or Indian descent enjoying their shore leave.

It was only in the post-war era that British marijuana consumption began to spread rapidly, first among the Commonwealth emigrants, for whom its use was long-engrained in their home cultures, and then among working- and middle-class Anglo-Saxon youth. By the 1960s, the issue of marijuana exploded with the arrest and jailing of Rolling Stones guitarist Keith Richard and subsequent campaigns for liberalization led by the Beatles and other counter-cultural figures. But Mills downplays the importance of the counter-culture rebellion, arguing that for many young British consumers, marijuana was no more (and no less) than something to get intoxicated with, not a token of cultural revolt.

In fact, the British marijuana reform movement gets relatively short shrift, as Mills concentrates on the doings of the politicians, ministries and constabularies. It is worth noting that, thanks to the drug diplomacy in the era of the League of Nations, Britain not only got a broad understanding of the plant's widespread use (British India lobbied hard for a relaxed approach, while British Egypt lobbied equally hard for a tough prohibition), but British police were mobilized to police marijuana early -- before there was any consumption to speak of.

One of Mills' key points is that nearly a century later, the police continue to play the key role in British pot policy. In the wake of the 1960s' pot controversies, politicians adopted the "British compromise," maintaining existing marijuana prohibition, but leaving the level and intensity of enforcement up to the police. As he shows, with politicians treating marijuana as a political football, that's still the case. Such a stratagem may work for the police, less so for marijuana growers and consumers, but it raises the question of whether law enforcers should be de facto policy-makers.

Overall, Cannabis Nation is a key contribution to the history of British pot politics, an academic treatise that is also quite readable and provocative, and one that disentangles the political and social forces behind marijuana use and reform in Britain. Given its $65 cover price, though, you're probably going to want to read it at your university library, or else hope that an affordable paperback edition appears.

Alfred Nerz inhabits a different world from James Mills. His Marijuanamerica is only among the most recent of dozens of popular accounts of the reefer revolution sweeping the US, and he traverses lots of familiar territory: He attends Oaksterdam University, interviews Richard Lee and Harborside Health Center's Steve DeAngelo, then heads for Humboldt County to smell the revolution for himself.

Amidst his travels, Nerz takes detours to address the issues around marijuana use -- is it helpful or harmful? What are its physical effects? Is it addictive? And should I quit smoking so much? -- and does so with verve, wit, and an engaging way with the science.

But what makes Marijuanamerica stand out in an increasingly crowded field is Nerz's own story of getting involved with California marijuana "outlaws." The book opens with him cruising eastbound down Interstate 80 just outside of Omaha with 100 pounds of weed in the trunk and a Nebraska State Patrol trooper on his tail. For someone carrying a personal pot stash down the nation's interstates, such an encounter is frightening; for someone carrying several felonies worth, it is absolutely terrifying.  You'll have to buy the book to discover how that experience turned out.

In Northern California, a mightily stoned Nerz managed to hook up with a marijuana grower and distributor nicknamed Buddha Cheese, spend time at some of his grow sites scattered throughout the Emerald Triangle and the Sierra, and get a very close-up look at outlaw marijuana production without even the pretense of it being destined for the medical marijuana market. It's a sketchy, criminal scene, with lots of riff-raff and shady characters, just as one would expect in an underground criminal economy. It's a load of Buddha Cheese's product Nerz is driving to the East Coast, hoping to pocket $200 a pound for his troubles, a nifty $20,000 for toting his hundred-pound load. (Given the pot glut and dropping prices on the West Coast, getting the weed to the other coast can be the difference between $2,000 a pound at home and $6,000 a pound in New York or Philadelphia.)

Nerz's sojourn with the outlaws is eye-opening and somewhat disturbing, but also refreshing. There have been an awful lot of words written about medical marijuana, with its noble purveyors working to alleviate human suffering. And most of them are true. But California also produces one hell of a lot more pot than even its wide-open medical marijuana market can absorb, and so do growers in Colorado, Oregon, Washington, and other medical marijuana states. It's the All-American combination of enthusiasm for a wonderful plant that gets you nicely high, the desire to stick it to "the man," and the impulse to get rich quick. That's been part of America's pot culture for the past half-century at least, and it's nice to get past the sanctimony of medical marijuana and back to the outlaws.

You will want to read Cannabis Nation if you have a serious interest in the history, politics, and diplomacy of marijuana in England, and you'll have fun doing so. You don't need to be nearly as serious with Marijuanamerica, and you'll most likely have more fun, especially hanging out with those shady pot outlaws and Nerz himself. But both would make nice additions to your drug literature bookshelf.

Oregon Bills Easing Marijuana Penalties Become Law

Oregon Gov. John Kitzhaber (D) Monday signed into law two measures that will reduce the punishments for certain marijuana-related offenses. The changes go into effect immediately.

The first, Senate Bill 40, lowers the penalties for possession of more than an ounce of pot. Under the old laws, possession of more than four ounces was a Class B felony punishable by up to 10 years in prison. Now, it becomes a Class B felony, punishable by up to five years in prison. Similarly, possession of between one and four ounces was a Class B felony; now, it becomes a Class B misdemeanor punishable by up to six months.

SB 40 also reduces the penalties for marijuana cultivation. Unlawful manufacture was a Class A felony punishable by up to 20 years in prison; now, it becomes a Class B felony dropping the maximum sentence by half.

Possession of less than an ounce of pot is decriminalized in Oregon, but people cited for possession also faced a mandatory suspension of driving privileges unless there were "compelling circumstances" not do. Senate Bill 82 eliminates that suspension. It does not, however, lift the mandatory suspension of driving privileges for people caught with more than an ounce.

Oregon is likely to be one of the next states to attempt to legalize marijuana outright. An underfunded initiative there in 2012 got 47% of the vote, and efforts to get a new initiative (or initiatives) on the ballot for 2014 have already been announced.

Salem, OR
United States

Sex, Lies, and a Georgia Drug Frame-up [FEATURE]

Special to Drug War Chronicle by investigate journalist Clarence Walker, cwalkerinvestigate@gmail.com.

Part five of an ongoing investigative series, "Prosecutorial Misconduct and Police Corruption in Drug Cases Across America."

With a plot out of a Hollywood movie or a gripping Lifetime TV show, a mesmerizing drama of sex, power, frame-ups, planted drugs, and lies unfolded in real life in Georgia when two Murray County sheriff's deputies recently pleaded guilty in federal court for their part in a scheme to send an innocent woman to prison. Now both deputies await sentencing on charges of obstruction of justice and perjury stemming from an FBI civil rights investigation into the odd goings-on Down South.

http://stopthedrugwar.org/files/angela-garmley.jpg
Angela Garmley (courtesy attorney McCracken Poston)
The woman in question, Angela Garmley, had filed a complaint with the Georgia Judicial Qualification Committee alleging that Chief Magistrate Judge Bryant Cochran solicited sex from her in return for legal favors in a pending assault case in which she was the victim. Shortly after Garmley filed her complaint, she was arrested on August 14, 2012 in sleepy Chatsworth, Georgia, and charged with possession of methamphetamines.

"My client was set up and framed with methamphetamine drugs by Judge Bryant Cochran, whom she had accused of soliciting her for sex in exchange for legal favors in a case she had in Cochran's court," attorney McCracken Poston told the Chronicle.

Poston, a former Georgia state representative from nearby Ringgold with a reputation as a crack attorney, is representing Garmley in a civil lawsuit against Murray County. And Garmley isn't alone. Since this scandal broke, three women who worked in Cochran's court have filed a separate lawsuit against the judge and the county claiming Cochran sexually harassed them while county officials negligently failed to protect their rights.

"The judge, two deputies, and a handyman named C.J. who is employed at Judge Cochran's property conspired to plant the drugs on my client. And if the frame-up hadn't been discovered my client would've been facing 25 to 30 years in prison," Poston said, echoing the allegations made it the lawsuit.

Although Garmley's drug charge was dismissed a week later at the request of investigators when the frame-up was exposed, she is still suffering the consequences of her false arrest. Under Georgia law, it takes one year for the charge to be removed from Garmley's record, and the arrest has already cost her.

"My client was denied a much higher paid job due to the felony drug charge on her record and what the judge and cops did to her. Nobody should have to suffer like that," Poston said.

Lust and Privilege at the County Courthouse

According to Garmley's lawsuit -- and largely supported by the record in judicial proceedings so far -- she went to the courthouse on April 9, 2012 in regard to an assault on her by three persons the previous day. When Garmley arrived at Cochran's office, he requested that she meet with him alone, preventing her sister, who had been an eyewitness to the assault, from attending or providing a corroborating statement.

"While privately sitting in chambers with Cochran, I related details about the assault," Garmley said in the lawsuit.

But Cochran was more interested in the state of her marriage, the suit alleges, whether or not she had cheated on her estranged husband, and whether the persons who assaulted her "have anything on her to hurt her divorce from Joe Garmley." While shying away from particulars of the assault, Cochran made repeated comments about "how pretty" Garmley was and then veered into even more uncomfortable territory.

"My wife doesn't take care of my sexual needs and I need a mistress to have sex with I can trust," Garmley said Cochran told her. He had "a real boner" for her and wanted her to return to his office the following week, he added flirtatiously, the lawsuit alleges.

Garmley played along as if interested in his offer, the suit alleges, and then Cochran upped the ante by asking Garmley to send him a photo of herself in a seductive way to let him take a "sneak peek" at what he was going to get. After giving Garmley his private cell number, Cochran, with a fixed stare at Garmley, gave her a direct order: "Come back on Wednesday with a dress and no panties so we can have sex."

Garmley told investigators and her attorney that she complied with Cochran's request for a revealing photo, sending him pictures of herself in her underwear.

"I sent the pictures hoping Judge Cochran would permit my assault case to move forward to get justice," Garmley stated in her suit. "But I had no intention of meeting behind closed doors without panties to have sex with the judge."

Instead, Garmley filed a complaint against Cochran with judicial authorities, and that's when her experience with Murray County justice shifted from bad dream to nightmare.

Deputy Josh Greeson (courtesy attorney McCracken Poston)
The Drug Bust That Wasn't

Within days of filing her complaint against Cochran, Garmley suddenly found herself on the wrong side of the law, charged with possession of methamphetamine after a roadside traffic stop by Murray County Sheriff's Deputy Josh Greeson. Greeson's arrest report -- now in the hands of the FBI, the Georgia Bureau of Investigation, the US Attorneys Office, and Garmley's attorneys -- provided the official version of events.

"On 8-14-2012, while patrolling Eastbound on the Brown Bridge Road I noticed a vehicle heading Westbound with its bright lights on. As the vehicle passed me I turned around to make a traffic stop for failure to dim its bright lights," Greeson wrote. "Failure to dim headlights is an indicator someone under the influence of drugs or alcohol."

Garmley was a passenger in the vehicle, being given a ride by a male friend, Jason Southern, who was also charged with meth possession, as well as driving with a suspended license, and who is also a plaintiff in Garmley's lawsuit. Southern was giving Garmley a ride to the property she shared with her estranged husband, who lived in a separate residence on the property.

"When the vehicle pulled into the trailer park at 4177 Brown Bridge, I turned my blue lights on for the vehicle to stop," Greeson wrote in his report. "When I got out I approached the passenger side and requested to see both the driver and the passenger driver's license. Mr. Southern stated his license was suspended."

Then Joe Garmley showed up and began angrily arguing with his wife and Southern. Joe Garmley repeatedly ignored Deputy Greeson's orders to step away from the vehicle and continued to argue with his wife. Greeson then arrested him for obstruction of justice. Joe Garmley is also a plaintiff in Garmley's lawsuit.

"When Mr. Garmley was arrested," Poston explained, "his offense was a simple misdemeanor that he could have bonded out on that same night, but guess what? Mr. Garmley was held overnight without bond."

Returning to the business at hand, Deputy Greeson continued to investigate.

"When Mrs. Garmley stepped out of the vehicle she stumbled and had slurred speech, which led me to believe that she was on some sort of illegal drug," he reported. "I asked Ms. Garmley if she had used any illegal drugs or if there was any illegal drugs inside the vehicle and she said no. I asked Ms. Garmley if I could run my dog around her vehicle to assure me that there wasn't anything illegal in the vehicle and she stated it was fine to search her vehicle if I wanted. I got my K-9 Ruhl out of my patrol car and started my search at the back driver's side tail light."

Greeson also noted in his report that during the first search of the vehicle with the K-9 dog that the animal sniffing enhanced at the driver's side front tire and front lower part of the door. "On my second pass by the driver's side, the sniffing of the K-9 enhanced again."

"Due to my training with Ruhl at the South Georgia K-9 school, I was certain that his alert was true," Greeson wrote. "And based on my police training about different techniques that are used to hide narcotics, I looked up under the vehicle and located a small metal can stuck to the front of the vehicle right under the driver's door. When I opened the can there were bags of a crystal substance believed to be methamphetamine."

Garmley denied that the drugs were hers. "Then Mrs. Garmley said this was a set up," Greeson wrote in the report.

At this point, Murray County Sheriff's Captain Michael Henderson, a first cousin to Judge Cochran, appeared on the scene. "You happen to be in the wrong place," he told Southern, according to the lawsuit.

Both Ms. Garmley and the driver, Jason Southern, were charged with possession of meth and hauled off to jail while her husband Joe was transported to jail in a separate vehicle. Garmley posted a $2,500 bond and was released from jail. Her husband Joe also posted bail, but Southern remained in jail.

"Once Angela told me what happened, I knew the whole case stunk to high heaven," attorney Poston said. "My client and I had been on TV about the sexual allegations that Ms. Garmley had filed against Judge Cochran with the State Judicial Qualification Board and all of a sudden, my client gets pulled over and drugs were found in her car. I told the judge in open court that my client had been set up and that I would have the case investigated," Poston added.

Poston complained to the Georgia Bureau of Investigation (GBI), and GBI investigator James Harris launched an immediate investigation, questioning Deputy Greeson, Captain Henderson, and others involved. That's when the official story began to fall apart.

A Frame-Up Exposed

http://stopthedrugwar.org/files/garmley-car.jpg
Garmley's distinctive automobile that was stopped (courtesy attorney McCracken Poston)
The day after the arrest, Deputy Greeson testified that he had not received prior information about Garmley's white Dodge vehicle prior to pulling it over. During GBI agents' interviews with  Greeson a week later, he insisted again that he had not been instructed to pull Garmley over. But by then, Poston and Garmley had reported to investigators that a man known as "C.J.," who worked as a handyman for Judge Cochran, had confessed to planting the drugs on Garmley's car.

"This C.J. guy confessed to me and Garmley that Judge Cochran paid him money to plant the drugs on Garmley's vehicle," Poston told the Chronicle. "She told both me and GBI investigators that on the night prior to her arrest, C.J. came by her house around 1:30am acting strange, asking Garmley if her father, who no longer lived with her, wanted to trade off his guitar. Mrs. Garmley said as C.J. talked, she noticed him watching her cell phone, but she moved it. C.J. said the judge told him that if he got ahold of Garmley's phone that he would get paid more, particularly because Garmley had the judge's phone number and text messages."

Realizing that his cell phone log could be subpoenaed regardless of whether his messages were deleted, Greeson finally cracked, telling investigators that Henderson had asked him to pull the drug-planted car over and to keep quiet about it.

"Henderson asked Greeson not to tell investigators about his order to pull Garmley's car over, which put Greeson in a position to lie about it, and that's a conspiracy," said Poston. "Captain Henderson then changed course and confessed his role in the scheme to have Garmley's car stopped so Greeson could find the planted drugs."

Surrounded by reporters, Greeson sobbed as he recalled having feared to refuse Captain Henderson's order to deny knowing ahead of time about Garmley's car having drugs. Greeson also said Henderson visited his home before he spoke with GBI about Garmley's arrest.

"I can't remember exactly how Henderson put it, but he said for me not to mention about the lookout on the vehicle and that I was the only one who knew about the lookout. And if I didn't say nothing about it, nobody would know," he said. "I was always told to stay on Henderson's good side."

Both Henderson and Greeson were fired from the sheriff department and Cochran,who had just been reelected for a third term, abruptly resigned his judgeship a day after the arrests of Garmley, her husband Joe, and Jason Southern.

Henderson later told investigators he arrived at the arrest scene to assist Greeson with Garmley's husband Joe after he appeared on the scene and disrupted the investigation. Judge Cochran denied Garmley's allegations and further denied that he resigned because of them, instead offering up that he had resigned over warrants he had pre-signed for officers when he wasn't available during normal hours. Pre-signing warrants is a breach of judicial ethics; it would allow any officer to pick up a blank warrant with Cochran's signature and fill in the blanks to effect the arrest of search of a citizen without the judge's knowledge or any judicial oversight.

Michael Henderson, 41, a former captain with Murray County Sheriff Department pleaded guilty on March 27 to obstructing a civil rights investigation into allegations surrounding the "throw down" dope found under Mrs. Garmley's vehicle as well pleading guilty to a charge of tampering with a witness pending a civil rights investigation. He faces up to 20 years in prison with a fine up to $250,000.

Josh Greeson, 26, pleaded guilty on April 12 to similar charges after previously denying he had not been instructed by then-Captain Henderson to pull over Garmley's drug-laden car as she headed home. Greeson admitted to obstructing a pending public corruption and civil rights violations by tampering with a government witness -- Angela Garmley. Greeson also admitted to deleting text messages and call logs that he received on his phone from Henderson and Cochran on the night he stopped Garmley with the planted drugs.

As part of their plea deals, both Greeson and Henderson agreed to tell everything they knew about the set-up, as well as what Judge Cochran knew. The investigation continues. Judge Cochran has yet to be indicted on any criminal charges, and the same goes for the man known as C.J., who admitted to planting the drugs. But both are named in Garmley's civil suit.

The case has drawn howls of outrage from prosecutors, law enforcement, and defense attorneys alike.

"The criminal justice system is based on the premise that police officers must be honest and truthful above all," said Northern District of Georgia US Attorney Sally Quillian Yates. "Mr. Henderson and Mr. Greeson weren't, and such conduct cannot stand."

"We as taxpayers should all be horrified," said prominent Houston criminal defense lawyer Vivian King. King is host of a weekly court justice program called Truth & Justice. "We as taxpayers should hold our judges and law enforcement officers to a higher standard and if found guilty they should be punished. And the judge in this case should be disbarred."

"I never had fellow narcotics officers plant drugs, but usually when something like this happens, there is usually a woman somewhere in the mix," said retired Houston police narcotics officer Billy Williams, and the case of Judge Cochran was no exception. "So he abused his power for sex and a woman brought him down."

Henderson and Greer await sentencing, and Poston is urging them to sing like canaries.

"Under federal sentencing guidelines the only thing the deputies can do to help themselves is to tell everything they know about my client being framed with the drugs and that includes everything they know about the judge's involvement," he said. "I suspect there are more people involved or knew the dope was planted because Judge Cochran made several calls to the sheriff department about my client's vehicle having drugs inside."

In this case of lust, power, and justice perverted, the fat lady is yet to sing.

Chatsworth, GA
United States

CA Police Chase of Pot Car Ends in Fatal Crash

A Nevada man died Monday afternoon after his marijuana-laden car crashed during a high speed police pursuit on Interstate 80 in the Sierra Nevada Mountains. The as yet unnamed man becomes the 13th person to die in US domestic drug law enforcement operations so far this year.

According to KCRA TV, the California Highway Patrol began pursuing a BMW near Big Bend, and the chase lasted 20 minutes at speeds exceeding 100mph before the BMW driver lost control, his car went airborne, and containers and jars of marijuana went flying.

According to KCRA's reporter, Claire Doan, it was the transport of marijuana "which might have started this traffic nightmare on I-80."

In addition to the deceased driver of the BMW, two California Conservation Corps workers who were working on the side of the highway were also injured, with one of them suffering "major head injuries" and being transported by helicopter to a hospital in Sacramento.

Dutch Flat, CA
United States

Colorado Marijuana Commerce Bills Approved

The Colorado legislature Wednesday approved a pair of bills that will establish a regulated marijuana market for adults. The legislature was charged with doing so when voters approved the marijuana legalization Amendment 64 last November.

On the down side, the legislature earlier approved another bill, House Bill 1325, which would set a level of THC in the blood above which drivers would be presumed to be impaired. Drivers with 5 milligrams or more of THC per milliliter of blood would be considered to be impaired, but could challenge that presumption in court.

The marijuana regulation bills are House Bill 1317 and House Bill 1318. The former creates the framework for regulations governing marijuana retail sales, cultivation, and product manufacturing, while the latter enacts a 10% special sales tax (above and beyond standard sales taxes) and a 15% excise tax on wholesale sales.

Under Colorado law, the tax bill will have to be approved by voters in November. But three-quarters of Colorado voters support such pot taxation, according a Public Policy Polling survey.

"The adoption of these bills is a truly historic milestone and brings Colorado one step closer to establishing the world's first legal, regulated, and taxed marijuana market for adults," said Mason Tvert, director of communications for the Marijuana Policy Project, who served as an official proponent and campaign co-director for the ballot measure approved by Colorado voters in November. "Facilitating the shift from the failed policy of prohibition to a more sensible system of regulation has been a huge undertaking, and we applaud the many task force members, legislators, and others who have helped effect this change," Tvert said. "We are confident that this legislation will allow state and local officials to implement a comprehensive, robust, and sufficiently funded regulatory system that will effectively control marijuana in Colorado."

Look for an in-depth analysis of the new regulations coming soon.

Denver, CO
United States

Medical Marijuana Update

Rhode Island is set to see its first dispensary open next, Mendocino County faces down the feds, and more news from around the country. Let's get to it:

California

On Tuesday, the city of Concord banned outdoor grows. The "outdoor cultivation of medical marijuana" is banned by ordinance in order to properly "maintain and protect the public health, safety and welfare of the citizens of Concord." The ban came despite appeals from a number of residents to delay or defeat the ordinance. The vote was unanimous.

Also on Tuesday, Mendocino County officials announced they had reached agreement with federal prosecutors on limiting the feds' fishing expedition into the county's legal medical marijuana growers' program. No personal identifying information from the county's program will be released to US Attorney Melinda Haag. In October, Haag had demanded just about anything to do with the program -- names and locations of pot gardeners, county bank records, "any and all" legal correspondence, etc. The county fought back, hiring a San Francisco attorney to fight the federal subpoena. Now, the feds have backed down.

Also on Tuesday, Humboldt County supervisors okayed a Myrtletown dispensary. The Humboldt Collective had operated there, but had its permit revoked after a former director was arrested last year in Pennsylvania on marijuana trafficking charges. The new directors have made minor changes sought by the county, and now they have received permission to remain in business.

Florida

On Wednesday, activists were meeting with a key state senator in a bid to keep a medical marijuana bill alive. Senator Aaron Bean, chair of the Senate Health Policy Committee, has the bill, Senate Bill 1250, locked up in committee. No word yet on whether he has been moved to allow the bill to progress. The bill is also known as the Cathy Jordan Medical Cannabis Act, after a medical marijuana patient who was arrested along with her husband for growing her medicine. Charges against the couple were dropped last week.

Maine

On Friday and Saturday, dispensary workers rallied to protest working conditions. The workers' target was Wellness Connection of Maine, which operates four dispensaries in the state. Workers said it was ignoring their concerns about working conditions and refusing to recognize their union. Demonstrations took place in Hallowell Friday and Portland Saturday. Wellness Connection said it was committed to caring for its workers and doesn't object if they want to join a union.

Massachusetts

On Wednesday, state regulators were debating proposed state medical marijuana rules. One proposed rule would require dispensaries to test their products for contaminants. Americans for Safe Access is calling for state-licensed, independent labs that would not be at risk of federal sanctions because they would not test narcotics and other federally regulated drugs. The proposed rules also include state inspections of dispensaries "at any time without prior notice."

Michigan

Last Wednesday, the state Supreme Court said it would review the legality of a city ban on medical marijuana-related activities. The city of Wyoming had passed a zoning ordinance barring the use, manufacture, or cultivation of medical marijuana, and the court said it wants to review whether the ordinance is superseded by the state's voter-approved medical marijuana law. Significantly, the court also plans to consider if the state law is preempted by a federal law that makes marijuana use illegal.

Montana

Last Friday, a drugged driving bill that could affect patients was signed into law. The bill creates a 5 nanogram per milliliter per se drugged driving level for THC. In addition to the penalties for drugged driving, if convicted under the law, patients would face revocation of their state registry identification card.

New Jersey

On Tuesday, Gov. Chris Christie proposed $1.6 million for the state's medical marijuana program in his state budget. That's more than twice the current spending level. The budget assumes that more dispensaries will open next year. So far, only one out of the six authorized by the state is actually in operation. But patient advocates said a greater budget wouldn't help patients until onerous regulations imposed by the Christie administration are revised.

Oregon

On Tuesday, a bill allowing medical marijuana for PTSD passed the Senate Judiciary Committee. Senate Bill 281 now moves to the Senate floor. Currently, medical marijuana is currently allowed for patients with certain debilitating medical conditions such as cancer, glaucoma, Alzheimer's disease, HIV and AIDS. The bill would add PTSD to the list.

Rhode Island

Last Thursday, what will be the state's first dispensary got its license. The Thomas C. Slater Compassion Center is now set to open April 19.

West Virginia Bill Would Drug Test Teens for Driver Licenses

A bill introduced Tuesday in the West Virginia House of Delegates would require prospective teen drivers to pass three separate drug tests before receiving a full drivers' license. It's only the latest drug testing proposal to emerge at the statehouse in Charleston this year.

teen driving lesson
Introduced by Del. Joe Ellington (R-Mercer), House Bill 2528 would require teens to "pass a drug test designed to detect illegal consumption of controlled substances" before getting a learner's permit, before getting an intermediate license, and before getting a full license.

"So the goal was: they really want to get that driver's license -- their incentive would be to not use anything and maybe not bow down to peer pressure to succumb to drug use," Ellington explained to WSAZ News Channel 3 in Charleston Tuesday night.

Ellington, an obstetrician, is the minority chair of the Health Committee and member of the Roads and Transportation Committee, where the bill has been referred.

Charleston has been a hotbed of drug testing fever in recent years, which have repeatedly seen bills introduced that would require drug testing of welfare recipients. There's another one this year, as well as bills that would expand drug testing of coal miners and require health care providers to release drug testing records of minors to their parents.

It's not just Republicans at the statehouse. Last year, Gov. Earl Ray Tomblin (D) issued an executive order requiring participants in the state's job training programs to undergo mandatory, suspicionless drug testing.

The enthusiasm for drug testing in Charleston remains despite the sobering results of Tomblin's job trainee drug testing. The first six months of testing resulted in just five failed tests out of 562.

Charleston, WV
United States

US Supreme Court Upholds Drug Dog Search of Truck

The US Supreme Court Tuesday upheld the use of police dog's sniff of a truck, finding that training and testing records were sufficient indicators of the dog's reliability and gave police probable cause for the search. The high court in 2005 upheld the legality of highway drug dog searches; in this case, the court focused on the reliability of drug dog searches.

In deciding the case, the high court reversed a decision from the Florida Supreme Court. The Florida court had held that a wide array of evidence was necessary to establish probable cause for the search, including field performance records that would indicate how many times the dog had falsely alerted. Without such records, the Florida court held, police could not establish probable cause.

Tuesday's ruling came in Florida v. Harris, in which Clayton Harris had been pulled over by a police officer in Liberty County in 2006. The drug dog, Aldo, alerted to the truck's door handle, the officer searched the truck, and methamphetamine precursor chemicals were found. Clayton was arrested on meth-related charges.

Harris was again pulled over by the same officer while out on bail, and Aldo again alerted on his vehicle. This time the vehicle search came up empty. Harris's attorneys challenged Aldo's reliability in part because of this second alert that turned up nothing. The Florida Supreme Court agreed with their argument that the dog's performance in the field needed to be assessed in order to determine probable cause for the search.

But not the US Supreme Court. It unanimously reversed the decision.

A drug dog's "satisfactory performance" in a certification or training program provided sufficient probable cause to trust its alert, Justice Elena Kagan wrote for the majority. "The question -- similar to every inquiry into probable cause -- is whether all the facts surrounding a dog's alert, viewed through the lens of common sense, would make a reasonably prudent person think that a search would reveal contraband or evidence of a crime," Kagan wrote. "A sniff is up to snuff when it meets that test."

The case is one of two Florida drug dog cases before the Supreme Court this session. In the other, the high court takes up the question of whether a drug dog can sniff the front doorstep of a home without a search warrant. The Supreme Court has upheld drug dog searches of vehicles on the highway and packages at delivery service warehouses, but in other cases has shown greater deference to Fourth Amendment requirements at residences.

Washington, DC
United States

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