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Chronicle AM -- March 14, 2014

No legalization for Maryland this year, the ASA national conference is coming soon, Utah (!) passes a package of policing reform bills, welfare drug testing goes down in flames in Indiana, the Swiss ponder cannabis clubs, and more. Let's get to it:

A bill before Utah's governor would begin to rein in SWAT in the Beehive State. Only Maryland has done something similar.
Marijuana Policy

Michigan Activists Plan Slew of Local Reform Initiatives. Marijuana reform activists are planning "a tsunami move in November 2014," with plans to put initiatives aimed at legalizing or decriminalizing possession, use or transfer of small amounts of marijuana on private property by persons 21 or older on the local ballot in at least eight towns and cities, and perhaps a dozen more. The Safe Michigan Coalition, the folks behind successful initiatives in Lansing, Ferndale, and Jackson last year, are also behind this effort.

NORML PAC Endorses Tommy Wells for DC Mayor. NORML PAC, the campaign and lobbying arm of NORML, announced today that it is endorsing Councilman Tommy Wells for mayor of Washington, DC. "Councilman Wells is a passionate crusader for the cause of marijuana law reform," stated NORML PAC manager Erik Altieri, "Wells showed his skill and acumen for the issue when he championed the District's marijuana decriminalization measure, which was overwhelmingly approved by the DC City Council just this month. The District of Columbia would greatly benefit from having his compassion, knowledge, and strong leadership in the mayor's office. Under a Tommy Wells administration, DC will continue to roll back its failed prohibition on marijuana and move towards a system of legalization and regulation."

Maryland Legalization Bill Dies, But Decriminalization Bill Still Lives. A bill that would have legalized marijuana in Maryland, House Bill 880 from Rep. Curt Anderson (D-Baltimore), died for lack of support in committee yesterday, but a decriminalization bill, Senate Bill 364, filed by Sen. Robert Zirkin (D-Montgomery) passed the Senate and is now before the House Judiciary Committee.

Colorado Appeals Court Rules Some Marijuana Convictions Can Be Thrown Out. Some people convicted of possessing small amounts of marijuana can ask for those convictions to be thrown out under the law that legalized recreational marijuana in Colorado, the state's second-highest court ruled Thursday. The Colorado Court of Appeals said people whose cases were under appeal when Amendment 64 on recreational marijuana took effect in December 2012 are eligible to have their convictions reversed. The case is Colorado v. Brandi Jessica Russell.

Medical Marijuana

ASA National Conference in Washington, DC, April 5-7. The country's leading medical marijuana advocacy group, Americans for Safe Access (ASA), formally announced today its second annual Unity Conference, "Navigating Medical Cannabis in the Mainstream," to be held in Washington, DC on April 5-7, 2014. The conference will highlight medical and legal experts, policymakers, and a wide array of workshops and panels focusing on scientific research, strategic planning, and skills building. Click on the links for more details.

Washington Medical Marijuana Regulation Bill Dies. A legislative effort to roll Washington's medical marijuana program into its I-502 legal marijuana system has died at the last minute after House Republicans tried to use it to divert a share of marijuana tax revenue to cities and counties. Senate Bill 5887 sponsor Sen. Ann Rivers (R-La Center) said the bill was doomed by "immovable positions" even after a last-minute push by the governor. The bill would have required existing dispensaries to either get legal under I-502 or close, would have ended collective gardens, and would have reduced the amount of marijuana patients could possess and the number of plants they could grow.

Utah CBD Medical Marijuana Bill Passes Legislature. A bill that would allow children with epilepsy to use CBD cannabis oil has passed the legislature and now heads for the governor's desk. House Bill 105 won final approval in the House Thursday.

Drug Testing

Pre-Job Offer Drug Tests Violate ADA, Federal Court Rules. Pre-offer drug tests to determine the use of both legal and illegal drugs violates the Americans with Disabilities Act's (ADA) prohibition on pre-offer medical inquiries, a federal court in Pennsylvania ruled last week. The ADA contains an exception for tests solely "to determine the illegal use of drugs," but the court held that the urine drug screens qualified as medical exams because they tested not just for drugs but also for other medical purposes. The case is EEOC v. Grane Healthcare Co. and Ebensburg Care Center, LLC, d/b/a Cambria Care Center.

Indiana Welfare Drug Testing Bill Dies on Ties Vote in Senate. A bill to drug test welfare recipients suspected of using drugs died last night on a dramatic tie vote in the Senate. Senate Bill 1351 had already passed the House by a margin of 81-17, but Senate opponent said the measure unfairly targeted poor people and that other states that have adopted such programs have found they were not cost effective.

Law Enforcement

Utah Legislature Passes Policing Reform Bills. Three bills to impose some controls on law enforcement have been sent to the governor's desk in Utah. House Bill 70 originally would have limited the use of "dynamic entry" search warrants to situations involving violent crime, but was watered down. It still, however, imposes some restrictions on such searches. Senate Bill 185 would require police agencies with SWAT teams to report on why and how often they are used. Only Maryland has approved a similar law. And House Bill 185 requires police to obtain a warrant before searching the contents of a cell phone, including bulk data collection through technologies like Stingray.

Drugged Driving

Drugged Driving Bill Passes Vermont House. A bill that makes it easier for police to charge drivers with drugged driving passed the House Thursday. House Bill 501 changes existing law to use the same definition of "under the influence"of drugs as has been established for alcohol. Under current law, drugged driving can only be proven if someone drives unsafely, but the proposed law would change that to enable a conviction "when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug." The state Supreme Court has held that any drug presence constitutes "under the influence." The bill now heads to the Senate.

International

Swiss Cities Consider Backing Cannabis Clubs. Municipal governments in at least five Swiss cities are considering plans to allow "cannabis clubs" or user associations. Local governments in Basel, Bern, Geneva, Lausanne, and Zurich are contemplating the move, with Geneva taking the lead. A working group will present a final proposal to authorities in June, but the move would require changes in federal law.

British Deaths From New Synthetics "Inflated," Former Drug Advisors Say. The National Program on Substance Abuse Deaths (NSPAD) reported 68 deaths in 2012 from the use of "legal highs" or new synthetic drugs, but two former government drug advisors say that figure includes many deaths from substances that "are already illegal, not new, and/or not psychoactive." Professor David Nutt and Dr. Les King of the Independent Scientific Committee on Drugs said only 11 of the 68 deaths actually occurred with new synthetics. "What is certain is that if the current government review of legal highs is to be taken seriously and lead to health improvements then there must be a proper definition of terms and improved data collection," they said. "Moreover the data must be properly and independently audited so the effects of any change in the law can be properly evaluated."

(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 -- March 10, 2014

California's Democrats endorse marijuana legalization, Caricom gets ready to talk marijuana, Attorney General Holder calls for expanded access to naloxone to prevent overdose deaths, legislatures in the Pacific Northwest make moves on medical marijuana, and more. Let's get to it:

Caribbean leaders are discussing ganja this week. (wikimedia.org)
Marijuana Policy

Rep. Jared Polis Introduces Federal Marijuana Impaired Driving Bill. Rep. Jared Polis (D-CO), a supporter of marijuana legalization, has introduced the Limiting Unsafe Cannabis-Impaired Driving (LUCID) Act, which would expand the federal definition of an impaired driver to include those impaired by marijuana use. The bill is not yet available online, and the devil is in the details. Stay tuned.

California Democratic Party Endorses Legalization. The California Democratic Party voted Sunday to include in its platform a plank "to support the legalization, regulation and taxation of pot in a manner similar to that of tobacco or alcohol."

Support for Legalization at CPAC. Attendees at the Conservative Political Action Conference in Washington included many supporters of marijuana legalization, according to both a Huffington Post informal survey and a CPAC straw poll, which had 62% saying legalize it.

Medical Marijuana

New Jersey Program Won't Consider Adding New Conditions Until 2015. A Health Department spokesperson said late last week that the state's medical marijuana program will not consider expanding the list of conditions covered under state law until next year. That would appear to contradict the law, which required the health department to consider adding new diseases requested by the public after it submitted two annual reports, beginning in 2011, charting the program's progress. It also required the health department to produce a biennial report in 2012 and every two years after assessing whether there were enough growers to meet demand. But the Chris Christie administration didn't issue any reports at all until late last month, and now says it is too soon to add more illnesses.

Washington Senate Votes to Regulate Medical Marijuana. Legislation that would essentially fold the state's existing medical marijuana program into the I-502 legalization framework passed the Senate Saturday. Senate Bill 5887 would require dispensaries to be licensed under the legalization format. Patients could get their medicine there or grow their own, and they could voluntarily register with the state to get a partial tax break and buy greater quantities than allowed under general legalization. The measure now goes to the House, which has already passed a bill that requires mandatory patient registration. The session ends this week.

New York Assembly Democrats Roll Medical Marijuana Bill into Budget Proposal. In a bid to finally get medical marijuana through the legislature, Assembly Democrats have folded a bill to do that into this week's budget proposal. The bill resembles the Compassionate Care Act introduced by Assemblyman Dick Gottfried (D-Manhattan), but is not identical to it.

Harm Reduction

Holder Calls Heroin ODs "Urgent Public Health Crisis," Calls for Expanded Naloxone Access. US Attorney General Eric Holder Monday said the Justice Department was stepping up efforts to slow the increase in heroin overdose deaths. As part of that effort, he reiterated the administration's call for more law enforcement agencies to be equipped with the opiate overdose reversal drug naloxone (Narcan).

Methamphetamine

Pseudoephedrine Restriction Bill Introduced in Missouri House. Reps. Stanley Cox (R-118) and Kenneth Wilson (R-12) have filed a bill that lowers limits on the amount of pseudoephedrine-based medicines that people can purchase each month, sets an annual limit on purchase amounts, lowers the amount people can legally possess, and requires a prescription for anyone with a felony drug offense. House Bill 1787 is similar to legislation filed earlier this year in the Senate. That bill, Senate Bill 625, is currently before the Senate Judiciary Committee.

International

LEAP Proposes Amendment to UN Drug Treaties. Law Enforcement Against Prohibition (LEAP) has proposed an amendment to the UN drug treaties, the legal backbone of global drug prohibition. The amendment seeks to "eliminate the criminalization-oriented drug policy paradigm and replace it with a health, harm reduction, and human rights-oriented policy." The proposed amendment is accompanied by a letter to world leaders from LEAP executive director Neill Franklin. Read the amendment by clicking on the title link and sign onto it at the MoveOn.org link here.

Caricom Leaders to Debate Marijuana Legalization This Week. Leaders of the Caribbean Community (Caricom) trade bloc will discuss a preliminary report on decriminalizing marijuana and exploring its medicinal uses at a two-day summit beginning today on the Caribbean island of St. Vincent. The summit comes on the heels of a research report released last week by Caricom researchers that found such moves could help the region's sluggish economy.

Mexico Kills La Familia Cartel Leader -- Again. Mexican authorities are reporting that that they killed Nazario "El Mas Loco" (The Craziest One) Moreno in a shootout in Michoacan Sunday. The funny thing is that Moreno, one time leader of the La Familia Cartel, was also reported killed by authorities in December 2010. But his body was never found, and now government spokesmen say he was still alive and was acting as head of La Familia's replacement, the Knights Templar Cartel.

Chronicle AM -- February 24, 2014

Marijuana politics continues to dominate the drug news, but meanwhile, the FDA has banned its first tobacco product, the DEA wants you to snitch out pain pill abusers, Delaware makes diverting a pain pill a felony -- and speaking of Delaware and diversion, someone has been diverting Oxycontin from the medical examiner's office, and more. Let's get to it:

Indian-style "bidi" cigarettes -- been banned by the FDA. (wikimedia.org)
Marijuana Policy

Bankers Still Leery Over Doing Marijuana Business. Although the federal government has issued new guidelines designed to ease their fears, financial institutions need to be convinced that they will not be prosecuted should they open accounts for marijuana businesses. "As it stands, possession or distribution of marijuana violates federal law, and banks that provide support for those activities face the risk of prosecution and assorted sanctions," said Frank Keating, president of the American Bankers Association. While he appreciates the effort by the feds, "that doesn't alter the underlying challenge for banks," he added.

Governors Not Too Keen on Legalization. The nation's governors gathered for the National Governors' Association meeting over the weekend, and they were generally not eager to follow Colorado and Washington down the path toward legalization. They worried about the kids and public safety, and Colorado Gov. John Hickenlooper (D) counseled them to go slow.

Zero Tolerance DUID Bill Introduced in California. Assemblymen Jim Frazier (D-Oakley) and Lou Correa (D-Santa Ana) have introduced a bill that would make it illegal to drive with any detectable amount of THC in one's blood. The bill is Assembly Bill 2500. Correa introduced a similar measure last year, but it was defeated.

Forty Maine Lawmakers Urge Consideration of Marijuana Legalization. On Friday, more than 40 state lawmakers in Maine co-signed a memo authored by State Representative Diane Russell that was delivered to the Appropriations & Financial Affairs Committee. The memo encouraged the committee to keep all options on the table in their upcoming financial deliberations, including potential tax revenue derived from an adult, non-medical market for marijuana. "All options should be on the table," Rep. Russell stated in the memo. "In this spirit, we propose committee members give serious consideration to the revenue options associated with legalizing, taxing and regulating cannabis for responsible adult use."

Marijuana Legalization Bill Filed in Florida. Rep. Randolph Bracy (D-Orange County) last Thursday introduced a legalization bill, House Bill 1039. No word yet on where it's headed.

Maryland Marijuana Reform Measures Get Hearings Tuesday. The Senate Judicial Proceedings Committee will hold hearings on a legalization bill and a decriminalization bill Tuesday. The legalization bill is Senate Bill 658, sponsored by Sen. Jamie Raskin (D-Montgomery). The decriminalization bill is Senate Bill 364, sponsored by Sen. Robert Zirkin (D-Baltimore).

Maryland Poll Has Plurality for Legalization. A new Washington Post poll has support for marijuana legalization at 49%, with 43% opposed. Of those opposed, 48% support decriminalization. That means support for decrim is over 70%.

Medical Marijuana

Big Majority for Medical Marijuana in Ohio. A new Quinnipiac poll has support for medical marijuana at 87% in the Buckeye State.

Utah CBD Medical Marijuana Bill Passes House Committee. A bill that would allow children with epilepsy to use high-CBD cannabis oil passed the House Law Enforcement Committee on an 8-2 vote last Thursday. House Bill 105 now heads to the House floor.

Prescription Drugs

Delaware Law Makes Taking Your Brother's Pain Pills a Felony. A bill drafted by state Attorney General Beau Biden in a bid to stop illegal prescription drug use makes it a felony for a family member or health care professional to divert prescription medications. Offenders will also be placed on a scarlet letter list, the Adult Abuse Registry. House Bill 154 was signed into law by Gov. Jack Markell (D) last week.

Law Enforcement

Missing Dope Scandal at Delaware Medical Examiner's Office. Drugs sent to the Medical Examiner's Office for testing between 2010 and 2012 have gone missing, sometimes replaced with fakes, investigators said Saturday. At least 15 drug cases have been flagged as having tainted or missing evidence, but that could just be the tip of the iceberg. Almost all of the cases involve Oxycontin. The Medical Examiner's Office has quit doing drug analysis for the time being as the investigation continues.

Jury Awards $2.3 Million to Family of Georgia Pastor Killed By Narcs. A federal jury has awarded $2.3 million to the wife of Jonathan Ayers, a Georgia pastor gunned down by plainclothes narcotics officers as he attempted to flee from them at a gas station. They were investigating a woman who had allegedly sold $50 worth of cocaine, and saw her in his car. The narcs jumped out at Ayers and he attempted to flee, slightly striking one of them. They then shot him nine times, killing him. Read Radley Balko's complete piece at the link above to get all the hideous details.

DEA Wants You to Rat Out Suspected Pain Pill Abusers. The DEA is rolling out a new text-messaging system to report illegal prescription drug use and sales. Pilot programs are underway in Philadelphia and Georgia. The federal agency is also distributing pamphlets to 1,200 Atlanta-area pharmacies to encourage the use of the reporting system.

Tobacco

FDA Bans First Tobacco Product. For the first time, the Food and Drug Administration (FDA) has used its regulatory powers to ban a tobacco product. The agency moved against "bidis," a style of cigarette from India. Banned are Sutra Bidis Red, Sutra Bidis Menthol, Sutra Bidis Red Cone, and Sutra Bidis Menthol Cone, which are manufactured by Jash International. FDA used its authority under the 2009 Family Smoking Prevention and Tobacco Control Act to ban them as "not substantially equivalent" to tobacco products sold as of February 15, 2007.

Harm Reduction

Georgia Harm Reduction Bills Moving. A 911 Good Samaritan bill (House Bill 965) and a naloxone access bill (House Bill 966) are moving in the legislature. The former passed out of the House Rules Committee Monday and is set for a floor vote tomorrow, while the later goes before the Rules Committee tomorrow. It's time to call your representatives, says Georgia Overdose Prevention.

Buffalo Police to Carry Opioid Overdose Reversal Drug. Police in Buffalo, New York, are the latest law enforcement personnel to begin carrying naloxone, the opioid overdose reversal drug, with them in a bid to reduce overdose deaths. "We've seen a nationwide epidemic of heroin overdoses. It's hitting Buffalo. It's hitting the suburbs," said Police Commissioner Daniel Derenda. "Basically, if somebody's overdosing, this could save their life."

International

Italian Harm Reductionists Call for Thorough Review of Drug Policies. The Italian Harm Reduction Association (ITARDD) issued an open letter Monday calling on politicians and the state to engage in a national dialogue about drug policy that includes harm reduction. The group also called for control over drug policy to be taken from the Anti-Drug Policy Department and be put in the hands of the health and welfare ministries.

Belgian Socialists Adopt Marijuana Legalization Plank. The Belgian socialist party SP.A (the Flemish socialist party) narrowly adopted a proposal by its Young Socialist section to legalize marijuana. The move came at the party's congress in Brussels, ahead of elections set for May 25.

Jamaica Governing Party Legislative Leader Hints Decriminalization is Coming. Leader of Government Business in the House of Representatives Phillip Paulwell signaled that decriminalization is coming to Jamaica this year. "It is my view that decriminalization of the weed will become a reality this (calendar) year, arising from the parliamentary debate and the support by the majority of the members, I believe it will be approved this year." But legalization is out of the question for now, he added.

Chronicle AM -- February 12, 2014

Overdose prevention is big news today as the drug czar chimes in in favor, more than a dozen congressmen call on Obama to re- or de-schedule marijuana, the Italian Supreme Court undoes a bad drug law, and more. Let's get to it:

Eighteen Congressmen Call for Marijuana Rescheduling or Descheduling. In a Wednesday letter to the White House, 18 congressmen urged President Obama to tell Attorney General Holder to ease up on marijuana. "We request that you instruct Attorney General Holder to delist or classify marijuana in a more appropriate way, at the very least eliminating it from Schedule I or II. Furthermore, one would hope that your Administration officials publicly reflect your views on this matter," said the letter signed by 17 Democrats and one Republican. The letter's lead author is Rep. Earl Blumenauer (D-OR).

Texas Governor Candidate Wendy Davis Says She Would Consider Decriminalization, Supports Medical Marijuana. Democratic gubernatorial candidate Wendy Davis told the Dallas Morning News editorial board she would consider decriminalizing marijuana possession and she supports medical marijuana. "We as a state need to think about the cost of that incarceration and, obviously, the cost to the taxpayers as a consequence of it, and whether we're really solving any problem for the state by virtue of incarcerations for small amounts of marijuana possession," Davis said. "I personally believe that medical marijuana should be allowed for. Certainly as governor I think it's important to be deferential to whether the state of Texas feels that it's ready for that."

Pennsylvania Governor Candidate Allyson Schwartz Calls for Decriminalization, Supports Medical Marijuana. Leading contender for the Pennsylvania Democratic Party gubernatorial nomination US Rep. Allyson Schwartz told the Philadelphia Weekly Monday she favors decriminalization and medical marijuana. "I do believe that marijuana is over-criminalized. And what we should do is decriminalize possession," she said. She also said she would sign a pending medical marijuana bill. "If it came to my desk, I would be supportive," she said.

New Mexico Senate Rules Committee Stalls Marijuana Legalization Resolution. State Sen. Gerald Ortiz y Pino (D-Bernallillo) saw his Senate Joint Resolution 10 stalled on a tie vote in the Senate Rules Committee Tuesday. The bill would have legalized possession for those 21 and over and set up a regulated system of marijuana commerce.

New Mexico House Committee Approves Study of Legalization Effects. A measure that asks the Legislative Finance Committee to study the effects of marijuana legalization in other states passed the House Appropriations and Finance Committee Tuesday. House Memorial 38, filed by Rep. Bill McCamley (D-Las Cruces), should now be headed for a House floor vote.

Arizona Decriminalization Bill for Small-Time Possession With Intent Filed. Rep. Mark Cardenas (D-Phoenix) has introduced a bill that decriminalizes possession with intent to sell of less than an ounce of pot, make possession of less than two pounds with intent to sell a petty offense, and make possession of more than two pounds with intent to sell a misdemeanor. The measure would also decriminalize growing if the yield is less than two pounds. The bill is House Bill 2474; it has been assigned to the House Judiciary and Rules committees.

Medical Marijuana

Medical Marijuana Supporters Rally in Oklahoma City. Supporters of medical marijuana led by Oklahoma NORML rallied at Oklahoma State Capitol today, and also did lobbying and training.

Harm Reduction

Drug Czar Calls for Overdose Antidote Drug to Be More Widely Available. The Office of National Drug Control Policy (ONDCP, the drug czar's office) called Tuesday for making the overdose antidote drug naloxone (Narcan) more widely available. "The Obama Administration is encouraging first responders to carry the overdose-reversal drug naloxone," ONDCP said in a blog post. "When administered quickly and effectively, naloxone immediately restores breathing to a victim in the throes of an opioid overdose. Because police are often the first on the scene of an overdose, the administration strongly encourages local law enforcement agencies to train and equip their personnel with this lifesaving drug… Used in concert with "Good Samaritan" laws, which grant immunity from criminal prosecution to those seeking medical help for someone experiencing an overdose, it can and will save lives."

Boston Mayor Calls for All First Responders to Carry Overdose Antidote. Boston Mayor Martin Walsh Tuesday responded to a spike in drug overdoses in the city by calling on all first responders to carry naloxone (Narcan), a medication used to reverse opioid overdoses. Both heroin and prescription opioid overdoses have jumped since 2009. Walsh announced a series of community workshops on the issue.

Indianapolis Police to Carry Overdose Antidote. Beginning next month, the Indianapolis Metropolitan Police will begin a pilot program where police officers are trained in the use of and will carry with them naloxone (Narcan) to reverse overdoses. Heroin overdose deaths have doubled in the city since 2011.

Maine Governor Opposes Bill to Increase Access to Overdose Antidote. Maine Gov. Paul LePage (R) opposes a bill to make the opioid antagonist naloxone (Narcan) more widely available, saying it would encourage drug use. The sponsor of the bill, Legislative Document 1209, Rep. Sara Gideon (D), said the governor's health policy advisor told her he would oppose the bill. "His main objection is his belief -- and I have to emphasize 'his belief' because there is no evidence that supports this at all -- his belief that increasing the availability of Narcan or naloxone will lead the drug user or drug abuser to have this feeling of invincibility," Gideon said. The Tea Party Republican governor last year vetoed bills to increase naloxone availability and create a Good Samaritan 911 law. Fatal heroin overdoses in the state quadrupled between 2011 and 2012.

Drugged Driving

New Mexico Drugged Driving Bill Advances. A drugged driving bill passed out of the House Transportation and Public Works Committee Tuesday. House Bill 190, filed by Rep. Bill Rehm (R-Albuquerque), would make driving with any detectable level of controlled substances, including marijuana and prescribed drugs evidence of driving under the influence of drugs. Such evidence would not automatically guarantee a conviction, but could be used to shore up prosecutions. The bill ran into opposition from, among others, the Drug Policy Alliance, which said it was likely to entrap regular users of marijuana or medical marijuana. The bill now moves to the House Judiciary Committee.

Synthetic Drugs

Missouri Synthetic Drugs Bill Advances. A bill that adds several specific substances to the state's list of banned synthetic cannabinoids advanced on a voice vote in the House Tuesday. House Bill 1051 is designed "basically to stay ahead of or try to keep up with new chemicals as they come out," said bill sponsor Rep. Shawn Rhoads (R-West Plains). The bill needs one more House vote before moving to the Senate.

International

Italian Supreme Court Strikes Down Law Equating Marijuana With Heroin. The Italian Supreme Court Tuesday struck down a 2006 law that removed the distinction between "soft" and "hard" drugs, stiffening prison sentences for marijuana and hash offenders, and filling the country's prisons with low-level pot offenders. The expectation is that thousands of them will soon be freed.

Groups Call for UN to Freeze Vietnam Anti-Drug Aid Over Death Penalty. Harm Reduction International and the anti-death penalty groups Reprieve and the World Coalition Against the Death Penalty have called on the United Nations to freeze anti-drug aid for Vietnam after it sentencing 30 people to die for heroin trafficking. In a letter to the Vienna-based UN Office on Drugs and Crime (UNODC), they said they had raised concern for several years about UN support for countries that impose the death penalty for drug offenses and that UNODC had internal human rights guidance that required it "to cease support for a country if it is feared the support may facilitate executions." UNODC had not replied as of Wednesday afternoon.

Marijuana Seeds Dropped from Slovak Controlled Substances List, New Drugs Added. President Ivan Gasparovic Tuesday signed legislation that will drop marijuana seeds from the list of illegal drugs in Slovakia because they do not contain cannabinoids. But the updated list will now include eight new drugs, including buphedrone, desoxypipradrol and 4-methylamphetamine, and it down-schedules GHB to allow doctors to prescribe drugs containing it.

(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 22, 2013

The momentum for marijuana legalization continues in the US, but Australia's New South Wales rejects medical marijuana even for the terminally ill. There's plenty more news, too. Let's get to it:

Coming soon to a legal retail outlet near you (if you live in Colorado). (wikipedia.org)
Marijuana Policy

World's First-Ever Marijuana Retail License Issued in Colorado. Officials in Central City, Colorado, issued the world's first legal marijuana retail license Thursday. The license went to Annie's, currently operating as a medical marijuana dispensary. Annie's must still obtain a state license. Legal retail marijuana sales begin on January 1.

Oregon Legislators Meeting Today on Marijuana Legalization. Oregon lawmakers are meeting today to lay the groundwork for a possible marijuana legalization initiative to put before voters in November 2014. Senate Judiciary Chairman Floyd Prozanski (D-Eugene) said he would push for such an initiative. New Approach Oregon has already filed its own legalization initiative, which Prozanski called "a great first draft," but then added that legislators should vet it.

Poll: Marijuana Legalization Has Majority Support in Indiana. The 2013 Hoosier Poll finds that 52.2% of adults in the state favor making "marijuana a regulated substance much like the way we regulate the use of alcohol and tobacco products." Only 45.3% were opposed. Support reached a whopping 78.1% when respondents were asked if "marijuana should be taxed like alcohol and tobacco products, or not."

Maine Legislative Council Rejects Legalization Bill. The Maine Legislative Council, made up of 10 leading legislators, Thursday night rejected a marijuana legalization bill sponsored by Rep. Diane Russell (D-Portland). That means the bill will have to go through the regular legislative process next year, or the voters will decide through a referendum.

Medical Marijuana

Four California US Representatives Call on Northern California US Attorney to Stop Harassing Dispensaries. Reps. Barbara Lee (D), George Miller (D), Sam Farr (D), and Eric Swalwell (D) Thursday released excerpts of a letter they sent to US Attorney for Northern California Melinda Haag challenging her "hostility toward dispensaries." They criticized Haag's approach as "counterproductive and economically prohibitive," as well as being out of step with Obama administration policies as set down in August's Justice Department memo. "It is far past time for commonsense and economic sense to prevail in policies and actions related to medical cannabis dispensaries that serve the patients in our communities," said Rep. Lee. "This harassment and constant threat of prosecution should end."

Drug Testing

Northern Marianas Bill Would Require Twice a Year Drug Tests for Elected Officials. A bill being crafted in the Northern Marianas Islands House of Representatives would require all elected officials to undergo drug tests every six months. The bill is being drafted by former cop Rep. Christopher Leon Guerrero, but is likely to be found unconstitutional if it ever passes, given federal court precedents.

Law Enforcement

Ohio Makes First Arrest under Automobile "Secret Compartment" Drug Law. An Ohio man arrested Tuesday for driving a vehicle that contained a hidden compartment becomes the first person charged under the state's 2012 law (Senate Bill 305) making it a felony to add a secret compartment with the intent of using it to conceal drugs for trafficking. Norman Gurley's vehicle had a secret compartment, but it contained no drugs or evidence of drugs.

Sentencing

Attorney General Holder Blasts High US Incarceration Rates at Colombia Conference. US Attorney General Eric Holder ripped into US incarceration policies at a conference of security ministers in Colombia Thursday, calling our imprisonment rates "both inadvisable and unsustainable." Holder added that the resort to mass incarceration "results in far too many Americans serving too much time in too many prisons -- and beyond the point of serving any good law enforcement reason." He also signaled that other countries should have greater flexibility in drug control policies. "We must acknowledge that none among us can fight this battle on our own, or by implementing a 'one-size-fits all' approach."

International

No Medical Marijuana for the Terminally Ill in Australia's New South Wales. The state government in New South Wales has rejected a request that terminally ill patients be granted an exemption to use marijuana to ease their pain. A bipartisan parliamentary committee had recommended that AIDS and terminally ill patients be allowed to possess up to a half-ounce for medical reasons, but the state government rejected the recommendation, saying the potency and safety of medical marijuana cannot be guaranteed. The decision was "cannabis hysteria at its worst," said Green MP John Kaye. "It's absurd to argue that someone dying of cancer should be denied access to a little bit of pain relief because it's the same substance some people use illegally."

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.com/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.com/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

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