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Chronicle AM: Kratom Ban Delayed (But Still Coming), Mad Drug Arrest Binge in Indy, More... (9/30/16)

California's governor signs asset forfeiture reform and medical marijuana "micro farmer" bills, a Massachusetts town pays out big time for killing an elderly black man in a drug raid, Indianapolis narcs have arrested 1,000 people in two and a half months and think that's success, and more. 

Eurie Stamps. Killed in a 2011 drug raid; now his family wins a $3.75 million settlement. (Stamps family)
Marijuana Policy

Another California Poll Has Prop 64 Winning. A new KPIX 5/Survey USA poll has the Prop 64 legalization initiative winning with 52% of the vote, with 41% opposed. It's the latest in a long line of polls that show the initiative winning, but has it winning by a smaller margin than most other polls.

Medical Marijuana

California Governor Signs Marijuana "Micro Farmer" Bill. Gov. Jerry Brown (D) Thursday signed into law the Cottage Cannabis Farmers Bill, Assembly Bill 2516. The measure creates a new medical marijuana cultivator license for "micro farmers," defined as farms with 2,500 square feet or less of total canopy size for mixed-light cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises.

Kratom

DEA Ban Delayed, But Only for Days. The DEA says that despite loud protests, it's proposed emergency ban on kratom is still coming; it's just been delayed for a few days as the agency deals with paperwork. It was supposed to become Schedule I Friday, but the reprieve could last a week or more. A DEA spokesman said it's "highly accurate" to say the ban won't take effect next week, either.

Asset Forfeiture

California Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Jerry Brown (D) Thursday signed into law Senate Bill 443, which requires a criminal conviction before police can permanently seize property valued at under $40,000. Bill sponsor Sen. Holly Mitchell (D-Los Angeles) sponsored a similar bill last year, but it failed after law enforcement grumbled that it would make it more difficult to go after big drug dealers. Police dropped their opposition after Mitchell agreed to the $40,000 threshold.

Law Enforcement

Family of Massachusetts Man Killed in SWAT Drug Raid Awarded $3.75 Million. The town of Framingham has agreed to pay $3.75 million to settle a lawsuit in the death of Eurie Stamps, 68, who was shot and killed by a Framingham police officer as he laid on the floor of his home complying with officers' demands. It was the killing of Stamps that inspired the Chronicle's tracking of drug war deaths, a work now in its sixth year.

Federal Bill to Require Police Reporting of Deaths and Injuries Filed. Rep. Mark Veasey (D-TX) has filed HR 6217, which would "require States and units of local government to have in place laws requiring law enforcement officers to submit ...... reports when an individual is injured or killed by such a law enforcement officer in the course of the officer’s employment as a condition on receiving certain grant funding, and for other purposes. Currently, there is no federal database on law enforcement killing or injuring suspects.

Indianapolis Narcs on Mad Arrest Binge. A newly formed Indianapolis Metropolitan Police Department drug unit has arrested more than 1,000 people in the past two and half months. Local media is calling it a "success" and IMPD Chief Troy Riggs vowed that more of the same was coming. "We're not backing off," he said. "This is the new normal."

This Week's Corrupt Cops Stories

A Texas border town cop gets nailed for helping a cartel, an Indiana cop prepares to head to federal prison for peddling dope in uniform, and more. Let's get to it:

In Lawton, Oklahoma, a Lawton Correctional Facility guard was arrested last Wednesday for smuggling methamphetamine into the prison. Darnell Buckley apparently ratted himself out, showing Lawton police where he had hidden 204 grams of speed. He also admitted that he was being paid money to smuggle the drugs in. He is charged with trafficking illegal drugs.

In Rio Grande City, Texas, a Rio Grande City police detective was arrested last Thursday for allegedly helping a drug cartel smuggle hundreds of pounds of marijuana into the US over a period of years by staging fake drug busts. Detective Ramon De La Cruz allegedly conspired with the Beltran Cartel to stage drug seizures and provide confidential police information to the gang. De La Cruz would allegedly set up busts where only some of the stash was seized, letting the rest get away.

In Brewton, Alabama, a Holman Correctional Facility guard was arrested Sunday for trying to smuggle illegal contraband into the prison. DeJuan Rudolph, 25, got caught with drugs, cell phones, and other contraband as he came to work. He is charged with trafficking cocaine, possession of a controlled substance, unlawful possession of marijuana, attempting to commit a controlled substance crime, and use of a position for personal gain.

In Indianapolis, a former Anderson police officer was sentenced Monday to eight months in federal prison for selling drugs while on duty and in uniform. Donald Jordan had been charged with one count each of possession with intent to distribute Xanax and hydrocodone and pleaded guilty. He went down last December following a year-long investigation after he sold drugs to a snitch and an undercover FBI agent.

The Charlotte Killing That Sparked Civic Unrest Began With a Joint

The chain of events that led to the death of Keith Lamont Scott at the hands of Charlotte Metropolitan Police Department (CMPD) officers and days of civic unrest in North Carolina's largest city began with a joint, Charlotte police said Saturday.

the fateful, fatal joint (CMPD)
That makes Scott the 38th person to die in domestic drug law enforcement operations so far this year.

In an official statement posted on the CMPD's Facebook page and during a press conference last Saturday afternoon announcing that the department was releasing some police body- and dash-cam videos of the fatal encounter, Charlotte police laid out a timeline of what occurred:

Two plain clothes officers were sitting inside of their unmarked police vehicle preparing to serve an arrest warrant in the parking lot of The Village at College Downs, when a white SUV pulled in and parked beside of them.

The officers observed the driver, later identified as Mr. Keith Lamont Scott, rolling what they believed to be a marijuana "blunt." Officers did not consider Mr. Scott's drug activity to be a priority at the time and they resumed the warrant operation. A short time later, Officer Vinson observed Mr. Scott hold a gun up.

Because of that, the officers had probable cause to arrest him for the drug violation and to further investigate Mr. Scott being in possession of the gun.

Due to the combination of illegal drugs and the gun Mr. Scott had in his possession, officers decided to take enforcement action for public safety concerns…

And Keith Scott ended up dead. According to his family, he was in his vehicle waiting for his son to get off the school bus. But because he was rolling a joint while waiting, and because police just happened to be engaged in an operation nearby, he caught the attention of the cops.

Even when police said they saw him hold up a gun, they used the joint-rolling as probable cause to investigate the presence of the gun. If not for marijuana prohibition, the whole unraveling of events, with dire consequences for Keith Scott, and lamentable ones for the city of Charlotte, most likely would never have occurred.

Charlotte, NC
United States

Chronicle AM: Initiative Polls in AR/CA/ME, Marijuana Arrests at 20-Year Low, More.. (9/26/16)

Polls show thing looking good for marijuana legalization efforts in California and Maine, tight for medical marijuana in Arkansas, possession arrests hit a 20-year-low, and more.

Marijuana Policy

California Poll Has Prop 64 Support at 60%. The latest Field Poll has the Prop 64 legalization initiative winning handily with 60% of the vote. That's roughly in line with other recent polls, all of which have had it above 50%. The Field poll surveyed likely voters. Among demographi groups, only Republicans and conservatives opposed the initiative.

Maine Poll Has Legalization Initiative Leading. A new poll from the University of New Hampshire Survey Center has the Question 1 legalization initiative with 53% support, 38% opposed, and 10% undecided. The poll surveyed likely voters.

Massachusetts Congressman Endorses Legalization Initiative. Rep. Seth Moulton (D-Salem) has bucked the trend among Bay State politicos and come out in support of the Question 4 legalization initiative. "Let's not kid ourselves -- people are using marijuana," he said. "The problem is now that it operates in the shadows. There's no control. We really have an obligation to regulate it and make it as safe as possible."

Wyoming Legislators Ponder Lowering Marijuana Penalty. In off-season discussions, the Joint Judiciary Committee is proposing to make first-offense marijuana possession a misdemeanor, but would make subsequent offenses felonies. The proposal isn't set in stone; a subcommittee is now charged with writing a more detailed one.

Medical Marijuana

Arkansas Poll Shows Tough Battle for Medical Marijuana Initiatives. A new poll from KATV shows the Arkansas Medical Marijuana Amendment (Issue 6) with 49% in support, 43% against, and 8% undecided and the Arkansas Medical Cannabis Act (Issue 7)with 36% in support, 53% opposed, and 11% undecided. "Arkansas voters do appear to distinguish between the two medical marijuana proposals, according to our survey," said pollster Roby Brock. "With legal challenges remaining, high-profile opposition, and the possibility of national groups spending money in support of the issue, these proposals may be the most contested on the November ballot."

Drug Policy

Marijuana Arrests at 20-Year Low, But Other Drug Arrests Take Up the Slack. While still occurring at a rate of nearly one a minute, simple pot possession arrests have fallen to the lowest number since 1996, just under 575,000. That's a 25% decline from just nine years ago, when they totaled just under 800,000. Marijuana arrests now account for just 43% of all drug arrests, down from 52% in 2010. There were some 928,000 drug arrests overall last year, which is a nearly 14% decline from a decade ago. These numbers are from the FBI's annual Uniform Crime Report released Monday.

Chronicle AM: DEA Issues Carfentanil Warning, Malaysia to Hang Man for MJ Trafficking, More... (9/23/16)

The DEA issues a warning on a powerful emerging opioid, Michigan marijuana legalizers turn their eyes to 2018, Malaysia sentences a man to death for pot dealing, and more.

Marijuana Policy

This Year's Legalization and Medical Marijuana Initiatives Could Add $7.8 Billion to US Economy. A new report highlighting the rush of capital into the legal pot business estimates that expanding the legal marijuana market into the states that have initiatives on the ballot this year could add $7.8 billion to the nation's economy by 2020. The report is from New Frontier Data and Arcview Market Research. The report said legalization could generate a billion in taxes in California alone.

Undaunted Michigan Legalizers Lay Plans for 2018. After losing their battle in the courts to get all their signatures counted, the folks at MI Legalize are already gearing up for 2018. The group turned in 354,000 signatures for this year, but some were not counted because they were gathered outside a 180-day window. The group said is going to restructure itself in preparation for another petition drive.

Heroin and Prescription Opioids

DEA Issues Carfentanil Warning to Police and Public. "DEA has issued a public warning to the public and law enforcement nationwide about the health and safety risks of carfentanil. Carfentanil is a synthetic opioid that is 10,000 times more potent than morphine and 100 times more potent than fentanyl, which itself is 50 times more potent than heroin. DEA, local law enforcement and first responders have recently seen the presence of carfentanil, which has been linked to a significant number of overdose deaths in various parts of the country. Improper handling of carfentanil, as well as fentanyl and other fentanyl-related compounds, has deadly consequences," a DEA press release said.

Drug Policy

Sen. Leahy Files Bill to Fund Heroin and Methamphetamine Task Forces. Sen. Patrick Leahy (D-VT) has filed S 3359, which would allocate $17 million a year in grants to state law enforcement to fund drug task forces aimed at heroin, prescription opioid, and methamphetamine trafficking.

International

Dutch Moving Toward Allowing Legal Marijuana Cultivation. Draft legislation that would regulate legal marijuana cultivation now appears to have backing from a majority of members of parliament. The bill had been pushed by the liberal D66 Party, with backing from Labor, Green Links, the Socialists, and an animal rights party. That was not quite enough. But now, two MPs who left the anti-Islamic PVV to form their own breakaway party say they will support the measure, and that should be enough to pass it. Stay tuned.

Malaysia Sentences Unemployed Man to Death for Marijuana Trafficking. The High Court in Kuala Lumpur Friday sentenced Ibrahim Musa Rifal, 32, to be hanged after he was convicted of trafficking about 20 pounds of marijuana. Under the country's 1952 Dangerous Drugs Act, such a charge carries a mandatory death sentence.

This Week's Corrupt Cops Stories

The FBI is investigating a pair of Louisville narcs, the state police are investigating thefts at a Massachusetts police department, a Philly cop gets busted sending pot through the mail, and more. Let's get to it:

In Louisville, the FBI is investigating two Louisville narcotics officers entrusted with intercepting large drug shipments. Officers Kyle Willett and Thomas Barth have been placed on administrative reassignment after Louisville Metro Police received information they "may have violated federal law," a department spokesman said. The pair are members of HIDTA task force and were tasked with inspecting packages in partnership with UPS.

In Lee, Massachusetts, state police are investigating thefts from the Lee Police Department evidence room. At least $1,408 in cash and an unspecified quantity of drugs went missing. The investigation comes two weeks after Lee Police Officer Ryan Lucy resigned and went into rehab. The department hasn't said if Lucy was involved in the thefts.

In Philadelphia, a Philadelphia police officer was arrested Tuesday for trying to send a package of marijuana through the US mail. Officer William Branish Jr. screwed up, though; he used an associate's account at a local business to mail the package, which he incorrectly addressed. When the package came back to the business, Branish was busted. He is charged with simple possession of marijuana and possession with intent to deliver.

In Las Vegas, a prison guard at the High Desert State Prison was arrested Tuesday for trying to smuggle drugs into the prison. Guard Kaleo Gedge went down when drugs were seized from him as he went to work. It's not clear what the precise charges are.

This Week's Corrupt Cops Stories

A Mississippi police chief shoots himself during an investigation into asset forfeiture funds, a Massachusetts police officer shoots herself during an investigation into thefts from her evidence room, an Ohio cop goes to prison for lying on drug search warrants and stealing big time, and more. Let's get to it:

In Braintree, Massachusetts, somebody has been stealing from the police evidence room, according to an audit released Wednesday. The audit found that the Braintree Police Department is missing nearly 5,000 pieces of drug evidence, 60 guns, 4,700 pieces of property evidence, and $407,000 in seized cash are missing. Some drug evidence bags were torn open and emptied, while others had the drugs replaced with other substances. Two of the missing guns were found at the home of Officer Susan Zopatti, who was in charge of the evidence room. She killed herself in May after being interviewed as part of the audit. At least six drug cases have been dropped, and more are likely to follow.

In Bay St. Louis, Mississippi, the police chief shot and killed himself last Thursday after being relieved of duty during an investigation into the department's handling of asset forfeiture funds. Chief Mike De Nardo was being escorted by two deputies out of the police station when he shot himself in the chest.

In Eugene, Oregon, a former Deschutes County sheriff's captain was sentenced last Thursday to five years in federal prison for stealing more than $205,000 from drug buy funds and money seized in drug busts. Scott Beard repeatedly stole funds over a two-year period and laundered them using the bank account of his mistress, whom he treated to a lavish lifestyle. He copped to two counts of theft and two counts of money laundering in May, and was taken into custody upon sentencing.

In Columbus, Ohio, a former Reynoldsburg police officer was sentenced last Friday to 33 months in federal prison for falsifying search warrants in drug cases and stealing $150,000 in property and cash. Shane Mauger had worked with Reynoldsburg Detective Tye Downard, who hung himself in his jail cell after being arrested for using his connections to sell drugs, including drugs stolen from the evidence room. Both were members of the Franklin County Drug Task Force, and at least 15 felony drug cases have been dropped because they lied on search warrant applications. Mauger pleaded guilty in May to conspiracy to deprive persons of the civil rights and theft.

Chronicle AM: MA Init Gets Big Bucks, Chicago's West Side is Heroin "Epicenter", More... (9/12/16)

The California legalization campaign heats up, the Massachusetts legalization campaign is sitting pretty with lots of cash, a North Carolina town becomes the first in the South to adopt Law Enforcement Assisted Diversion (LEAD) for drug users, and more.

People lining up to buy heroin in Chicago. (Chicago PD)
Marijuana Policy

California Legalization Supporters File Complaint Against Opposition Committee. Diane Goldstein, one of the proponents for the Prop 64 legalization initiative, filed a complaint last Friday against Smart Approaches to Marijuana Action, the lobbying and campaign arm of the prohibitionist Project SAM. The complaint claims the committee misreported donations, failed to file contribution reports, and left some contribution reports incomplete, including one for Pennsylvania millionaire Julie Schauer, who gave $1.3 million the opposition.

California Highway Patrol Says It Is Neutral on Legalization Initiative. The state Highway Patrol last Friday clarified that it has not taken a position on the Prop 64 legalization initiative. The move comes after the head of the California Association of Highway Patrolmen criticized the measure for not setting a legal driving limit for the amount of THC in drivers' blood. CHP provided technical assistance to the measure's authors and is involved in implementing medical marijuana regulations signed into law last year.

Massachusetts Legalization Initiative Getting Big Bucks Backing. Supporters of the Question 4 legalization initiative have taken in more than $2.4 million since January, most of it from the New Approach PAC, a group based in Washington, DC, that is led by Graham Boyd. Groups opposing Question 4 have only raised less than $400,000, giving supporters a six-to-one funding advantage.

Heroin and Prescription Opioids

Report Names Chicago's West Side as "Epicenter" of State's Heroin Crisis. A new report from Roosevelt University, Hidden in Plain Sight, examines heroin arrests, hospitalizations, and deaths on the city's West Side and finds that the area accounts for one out of four hospitalizations for overdoses in the entire state. The response to rising heroin use has focused on enforcement, not treatment, said report coauthor Kathy Kane Willis. "Incarceration or arrest is an extremely ineffective and expensive way to treat a health crisis like this. We cannot arrest our way out of this problem," she said. In response to the report, state Rep. La Shawn K. Ford (D-Chicago) has launched the West Side Heroin Task Force to help find evidence-based solutions to the problem.

Law Enforcement

Fayetteville, NC, Starts First Law Enforcement Assisted Diversion (LEAD) Program in the South. This month the Fayetteville Police Department and a number of partners, including the North Carolina Harm Reduction Coalition (NCHRC), are launching a new program to divert low-level drug and sex work (prostitution) offenders to treatment instead of jail. Currently, Fayetteville faces one of the highest rates of opioid abuse in the nation. Last year alone over 500 people were arrested for drug possession in the city. Under the new law enforcement assisted diversion program (LEAD) launched this month, police officers will be able to divert eligible citizens (people with under 4 grams of drugs, no violent record, etc) to treatment providers and social services instead of funneling them through the criminal justice system, where often the cases are thrown out or people serve minimal jail time and wind up back on the streets.

International

Rampant Meth Use is Driving Asia's Drug War. The Philippines isn't the only country in the region waging a deadly "war on drugs." In Thailand and Myanmar, drug users are sentenced to long prison terms, while Indonesia has declared a "narcotics emergency" and resumed the execution of drug convicts. But that tough response is only likely to make things worse, experts said.

Four Dead in Drug War Killings in Five Days, Including One Police Officer

Guns and drugs are a bad combination. Or, more precisely, drug prohibition in a nation where guns are freely available has tremendous potential for fatal conflicts between drug users and sellers and the police who are out to get them. Attempting to enforce widely-flouted drug prohibition laws in a society as heavily armed as this one is a recipe for violent encounters. When the war on drugs intersects with the Second Amendment, the bullets fly.

And the bullets were flying during the first week of September. Four people, including a New Mexico police officer, were killed in three separate incidents of drug law enforcement over a five-day period beginning on September 2. That brings Drug War Chronicle'scount of the killed to 37 so far this year.

During the five years the Chronicle has been tracking drug war deaths, they have occurred at a rate of about one a week. Not so far this month, though.

The number of police officers killed in the drug war has typically been a handful each year, but with four officers already killed so far this year, 2016 could end up being an atypically bloody year for police, too.

Here are the three fatal encounters that left four dead in the drug war since the month began:

On September 2, in Alamogordo, New Mexico, a wanted drug suspect and an Alamagordo police officer died in a shootout after a foot chase. Joseph Moreno, 38, died at the scene, while Officer Clint Corvinus, 33, succumbed to his wounds at a local hospital. Corvinus and another officer encountered Moreno while on patrol, but he took running when they tried to detain him. Gunfire broke out, and the two men were fatally wounded. The New Mexico State Police are investigating. Moreno had a lengthy criminal history, including a stint in state prison in 2001. Since then, he had been arrested numerous times, mostly on drug charges, but also for burglary, robbery, escape, and conspiracy to attempt to commit a violent felony. He had three warrants outstanding when the shootout occurred and was scheduled for court on drug charges in December. During a press conference the same day as the shooting, Alamogordo Police Chief Daron Syling said police had received threats after Moreno's death from people they believe are associated with him. One man was arrested after showing up at the hospital and threatening police.

On September 6, in Omaha, Nebraska, Douglas County sheriff's deputies shot and killed David L. Anderson, 25, as they attempted to arrest him on a felony warrant for possession of a controlled substance. The circumstances are not clear, but deputies reported they were being fired on before opening fire on the black pickup truck Anderson was driving. Witnesses reported deputies pulling Anderson from the truck after it crashed. He was taken to a nearby hospital where he was pronounced dead. Police did not say if a weapon had been recovered. The deputies involved are now on leave and the Omaha Police Department is investigating the incident.

On September 7, in East Lakeland, Florida, members of a Polk County Sheriff's Office "high intensity drug task force" shot and killed Francis Perry, 32, after he refused officers' orders to exit his vehicle and then opened fire with a handgun, police said. The incident began when task force members on patrol spotted Perry driving a black Dodge Charger and recognized him as someone with outstanding warrants. They followed him until he parked in the driveway of a house, and he refused to roll down his tinted window or exit the vehicle. As officers prepared to break the window glass, Perry reached for a 9mm pistol he was wearing on his hip and opened fire. Four officers returned fire, firing 28 rounds, with five striking Perry, who died shortly thereafter at a nearby hospital. "We didn't choose to shoot Francis Perry," Sheriff Perry Judd said at a news conference. "He chose for us to shoot him, and we accommodated him... We can only surmise, ladies and gentlemen, that this guy decided he wanted to end his life here, that this was really a suicide by cop." Perry had a long criminal history and more than $5,000 of meth in his car, police said.

This Week's Corrupt Cops Stories

More jails guards go down, a Louisiana drug task force head gets nailed for ripping off the feds, a Memphis cop gets nailed for trying to extort an alleged drug dealer, and more. Let's get to it:

In Conway, Arkansas, a Faulkner County jail guard was arrested last Thursday for smuggling meth into the jail. Guard Luke Wimberly, 21, is charged with furnishing prohibited articles, delivery of less than two grams of meth, and misdemeanor abuse of office. He made bail the same day.

In Maclenny, Florida, a Baker County jail deputy was arrested last Friday for smuggling drugs into the jail. Deputy Jason Barnett is charged with introducing contraband into a correctional facility and was being held on $25,000 bail. He has been suspended with pay pending termination proceedings.

In Memphis, a Shelby County sheriff's deputy was arrested Wednesday for trying to extort thousands of dollars from a drug dealer. Deputy Jeremy Drewery, 41, threatened the man with arrest before taking $2,000 to go away, an FBI affidavit filed in federal court said. He is charged with violating the federal Hobbs Act, which prohibits attempted or actual extortion.

In Houma, Louisiana, the former head of the Terrebonne Parish Sheriff's Office narcotics division was sentenced Wednesday to six months probation and $16,000 in restitution for stealing federal grant money. He had pleaded guilty earlier to stealing $15,925 that was supposed to be used to support a multi-jurisdictional drug task force in the parish. Prosecutors said that he claimed and approved his own overtime pay for the federal grants, but that he sometimes claimed overtime for narcotics work when he was actually working private security details.

In Toms River, New Jersey, a former state juvenile officer was sentenced last Friday to 60 days in jail for selling heroin near an elementary school. Erica Kotelnicki had been employed at the Ocean County Juvenile Detention Center, but was not on duty when she was arrested with heroin in a parking lot. She copped to possession of heroin with intent to distribute.

Drug War Issues

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