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This Week's Corrupt Cops Stories

This article has been updated with additional cases, due to a change in our publishing schedule. Material appearing in the original version of this article is unchanged.

Jail and prison guards are dropping like flies, a Border Patrol agent heads for prison for helping a cartel, a Louisiana cop develops a case of sticky fingers, and more. Let's get to it:

In Beekman, New York, a state prison guard was arrested January 23 when he arrived at work with more than a pound of pot. Green Haven Correctional Facility guard Orianna Lord, 37, went down after an investigation by State Police and special investigators for the Department of Corrections. Lord turned around when she arrived at work to find supervisors conducting employee searches, but was detained in the parking lot, where she was found with the weed. She is charged with Criminal Possession of Marijuana in the 2nd Degree, a Class D Felony, Promoting Prison Contraband in the 1st Degree (attempted), a Class D Felony, and Promoting Prison Contraband in the 2nd Degree, a Class A Misdemeanor.

In Huntington, West Virginia, a state prison guard was arrested January 23 after being seen on surveillance video briefly entering an inmate's cell before her shift began. Guard Brittany Branham, 28, went down after, upon further investigation, supervisors found contraband including a crack pipe in the inmate's possession. She was arrested on unspecified charges.

In New York City, a New York jail guard was arrested January 26 for twice selling cocaine to an undercover narc while at the correctional academy. Guard Rushauney Stephenson, 24, made the two sales a half hour apart, and was then taken into custody. He is charged withtwo counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance, police said. He was being held on $50,000 bond.

In Wisner, Louisiana, a Wisner police officer was arrested last Tuesday on charges he pocketed cash evidence from a drug bust. Eddie Bowens, Jr., 35, went down after Wisner Police did an internal investigation and discovering missing cash. He faces a single count of malfeasance in office.

In Moberly, Missouri, a Moberly police officer was arrested last Wednesday for allegedly stealing money during a drug raid. Officer Mark Mueller, 51, went down after local prosecutors noticed a discrepancy in the evidence inventory for the raid and asked the Highway Patrol to investigate. Mueller reportedly did not include some high denomination bills in the inventory. He faces charges of tampering with physical evidence and stealing less than $500. Oh, and Mueller is now a former Moberly police officer; he was fired upon arrest.

In Jackson, Mississippi, a Hinds County jail guard was arrested Monday for allegedly bringing drugs into the prison. Brodrick Cardale Taylor, 21, is accused of delivering marijuana, synthetic cannabinoids, Xanax, and ecstasy in a plan to deliver it to an inmate. It's not clear yet what the formal charges are. Taylor had only been on the job for two months.

In Somerville, Massaschusetts, a Sussex County sheriff's officer pleaded guilty January 25 to engaging in a sexual relationship with a woman undergoing drug court probation and tipping her off to surprise weekend drug tests. Officer William Lunger, 35, had been charged with four counts of official misconduct, one count of theft, and one count of conspiring to defraud a drug test, but copped to third-degree conspiracy to commit official misconduct. Lunger is now headed to prison for three years.

In Buffalo, New York, a former Erie County sheriff's deputy pleaded guilty last Monday to smuggling drugs into the Erie County Holding Center. Adam Fiegl copped to criminal possession of a controlled substance, and was sentenced to conditional discharge and community service.

In Brownsville, Texas, a former Border Patrol agent was convicted last Wednesday of helping Mexican drug cartels, but found innocent of chopping a man's head off. Joel Luna used his official position to help a cartel move illegal guns and ammunition south of the border and illegal drugs north. He was found guilty of two counts of engaging in organized criminal activity. His brother Eduardo was sentenced to life in prison after being found guilty of the murder.

In Cleveland, Ohio, a former Linndale police officer was sentenced last Monday to more than three years in federal prison for helping to sell large amounts of club drugs in the Cleveland area. Jonida Alicka, 29, conspired with her sister and others to bring MDMA and high quality marijuana from Canada to Cleveland and lived a lavish lifestyle with her illicit earnings. She had copped in August to possession with intent to distribute and conspiracy to distribute a controlled substance.

In Oakland, California, a former TSA agent was sentenced last Friday to nearly two years in prison for helping smuggle 24 pounds of marijuana through airport security. Kiana Scott Clark, 29, admitted working with co-conspirators to allow them to smuggle drugs in their carry-on baggage on at least two occasions. She had earlier pleaded guilty to one count of conspiring to defraud the United States and one count of conspiring to distribute a controlled substance. She will begin serving her sentence in April.

Gorsuch on Grass: Where Does Trump's Supreme Court Pick Come Down on Marijuana? [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Where does Donald Trump's pick for the Supreme Court come down on weed? The record is pretty sparse.

Neil Gorsuch hasn't made any known public pronouncements about marijuana policy, and despite his tenure on the 10th US Circuit Court of Appeals in Denver, he hasn't ruled in any cases that directly take up the issue.

But he has ruled on some marijuana cases, and he didn't go out of his way to support freeing the weed in them. And there's at least one marijuana-related case he's ruled on that demonstrates a disquieting deference to law enforcement.

In Feinberg et al. v. IRS, Gorsuch ruled against a Colorado dispensary that sought not to report data about its operation to the IRS because marijuana remains illegal under federal law and it feared incriminating itself. But in passing, he offered some commentary on the legal weirdness of state-legal but federally illegal marijuana commerce.

"This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. Officials at the Department of Justice have now twice instructed field prosecutors that they should generally decline to enforce Congress's statutory command when states like Colorado license operations like THC. At the same time and just across 10th Street in Washington, D.C., officials at the IRS refuse to recognize business expense deductions claimed by companies like THC on the ground that their conduct violates federal criminal drug laws. So it is that today prosecutors will almost always overlook federal marijuana distribution crimes in Colorado but the tax man never will."

And he marveled at the federal government's contortions as it sought to accommodate commerce in a substance it considers illegal.

"Yes, the Fifth Amendment normally shields individuals from having to admit to criminal activity. But, the IRS argued, because DOJ's memoranda generally instruct federal prosecutors not to prosecute cases like this one the petitioners should be forced to divulge the requested information anyway. So it is the government simultaneously urged the court to take seriously its claim that the petitioners are violating federal criminal law and to discount the possibility that it would enforce federal criminal law."

Gorsuch also pointedly noted the provisional nature of the Obama administration's decision to work with -- instead of against -- the states experimenting with marijuana legalization.

"It's not clear whether informal agency memoranda guiding the exercise of prosecutorial discretion by field prosecutors may lawfully go quite so far in displacing Congress's policy directives as these memoranda seek to do. There's always the possibility, too, that the next... Deputy Attorney General could displace these memoranda at anytime."

This is, of course, something of which the marijuana industry and legalization advocates are painfully aware and explains much of the movement's agonizing over the nomination of pot foe Sen. Jeff Sessions (R-AL). A single signature on a new policy memorandum at the Justice Department could throw the industry into chaos.

As Tom Angell notes at the MassRoots blog, Gorsuch ruled in a 2010 case, US v. Daniel and Mary Quaintance, that a couple charged with federal marijuana distribution offenses couldn't use the Religious Freedom Restoration Act as a defense because their claims weren't sincere.

"Numerous pieces of evidence in this case strongly suggest that the [couple's] marijuana dealings were motivated by commercial or secular motives rather than sincere religious conviction... "The record contains additional, overwhelming contrary evidence that the [couple was] running a commercial marijuana business with a religious front."

In other words, if you're trying to run a real marijuana ministry, don't be selling weed.

But it's a 2013 case, Family of Ryan Wilson v. City of Lafeyette and Taser International , that raises disturbing implications that go beyond marijuana policy into the broader realm of police use of force. In that case, Gorsuch held that a police officer's fatal tazing of Wilson, who was fleeing a marijuana arrest, was "reasonable."

"[T]he illegal processing and manufacturing of marijuana may not be inherently violent crimes but, outside the medical marijuana context, they were felonies under Colorado law at the time of the incident... And Officer Harris testified, without rebuttal, that he had been trained that people who grow marijuana illegally tend to be armed and ready to use force to protect themselves and their unlawful investments."

As Angell noted, that ruling in particular had the National Urban League tweeting its concern and calling for close scrutiny of Gorsuch's record within hours of Trump's announcement of his selection.

Overall, Gorsuch hasn't provided a whole lot of hints about how he might rule on cases revolving around the conflict between state and federal marijuana, although he has shown he's aware of it. Any members of the Senate Judiciary Committee representing states where medical or recreational marijuana commerce is legal might want to be asking for some clarification when his confirmation hearings come around.

This Week's Corrupt Cops Stories

Maybe we should call this "This Week's Corrupt Prison Guards," since we have a trio of those bad boys, and an extremely sticky-fingered Louisiana sheriff's deputy. Let's get to it:

In Crowley, Louisiana, a former deputy's theft of funds was upgraded in an audit Monday. Maxine Trahan had been charged last April with stealing in excess of $25,000 in cash seized in drug busts, but a new audit from the state's Legislative Auditor says she actually stole $194,500. Trahan, who was the sheriff's office's spokesperson, began the pilferage in 2003, but it wasn't detected until last year. Theft and related charges are pending.

In Concord, New Hampshire, a federal prison guard was indicted January 11 for allegedly taking bribes to smuggle drugs and cell phones into the federal prison in Berlin. Latoya Sebree is accused of receiving payments in return for bringing contraband including prescription drugs, synthetic cannabinoids, and suboxone to prisoners. She is charged with bribery of a public official and providing contraband to an inmate in a federal prison.

In Montgomery, Alabama, a state prison guard was arrested Sunday after being caught carrying drugs as he came to work. Antwan Dandre Giles, 27, got nailed carrying over an ounce of meth, marijuana, synthetic cannabinoids, oxycodone, hydrocodone, and buprenorphine, and Xanax. He is charged with possession of marijuana, trafficking in illegal drugs, and five counts of unlawful possession of a controlled substance.

In Columbus, Georgia, a former Stewart County prison guard was sentenced last Thursday to six months in prison for smuggling marijuana to inmates at the county jail. James Royal, 43, smuggled the pot into the jail and then had prisoners' families pay him via Western Union money transfers. It's not clear what the precise charge was.

Chronicle AM: More State Forfeiture Bills, Colombia Drug Farmers Organizing, More... (1/24/17)

Colorado high court rules cops don't have to give your legal weed back if they seize if, changes in the Arkansas medical marijuana law go to the governor, there's more asset forfeiture activity in the states, Colombia's drug crop growers organize, and more.

Asset forfeiture abuses are leading to corrective efforts in more and more states. (Creative Commons/Wikimedia)
Marijuana Policy

Colorado Supreme Court Says Cops Don't Have to Give Seized Marijuana Back. The state Supreme Court ruled Monday that police cannot be forced to return marijuana to a defendant acquitted of pot crimes, because that would cause them to violate the federal Controlled Substances Act. "The return provision requires law enforcement officers to return, or distribute, marijuana," the decision says. "Thus compliance with the return provision necessarily requires law enforcement officer to violate federal law." Three justices disagreed, however, saying that the CSA "immunizes federal and state officers from civil and criminal liability in the circumstances at issue here." But they lost.

Virginia Bill to End Drivers' License Suspension for Possession Advances. A bill that would undo an existing state law requiring the suspension of drivers' licenses for people convicted of pot possession was approved by the Senate Courts of Justice Committee Monday. The measure, Senate Bill 1091 still need approval from the full chamber.

Texas Judge Recommends No Punishment for Teacher Who Smoked Pot in Colorado. A teacher who admitted legally consuming marijuana while in Texas should not face any legal or professional penalty, an administrative judge has ruled. The Texas Education Agency sought to suspend the teacher's license for two years after she handed in a urine sample that tested positive for marijuana. The judge found that the teacher was not "unworthy to instruct" and that there was no evidence to suggest she was under the influence of marijuana while teaching. The TEA will have to make a final decision.

Medical Marijuana

Arkansas Legislature Approves Changes to Medical Marijuana Law. With the state Senate's approval Monday, House Bill 1058 now goes to the governor. It passed the House last week. The bill removes a requirement that doctors declare the benefits of medical marijuana outweigh the risk to the patient. It also specifies that patient information submitted to qualify for medical marijuana is "confidential," but would not be considered "medical records" subject to the Health Information Privacy Protection Act.

Illinois State Treasurer Asks Trump for Clarity on Banking for Medical Marijuana Industry. State Treasurer Michael Frerichs said Monday he sent a letter to President Trump urging him to give clear guidance to the banking industry on marijuana. Frerichs said currently federal law makes it difficult for legal businesses to get loans and restricts customers to cash-only transactions.

North Dakota House Approves Bill Preventing Worker's Comp from Paying for Medical Marijuana. The House overwhelmingly approved House Bill 1156 Monday. Passed in response to voters' approval of a medical marijuana initiative in November, the bill prevents the state Workforce Safety and Insurance agency from paying for medical marijuana to treat a workplace injury. Legislators said marijuana remains illegal under federal law.

Kratom

Florida Kratom Ban Effort Gets Senate Companion Bill. Rep. Kristin Jacobs' (D) lonely crusade to ban kratom is not quite as lonely today. Democratic state Sen. Darryl Rouson has filed Senate Bill 424, which, like Jacobs' House bill, would add the active ingredients in kratom to the state's list of controlled substances.

Asset Forfeiture

Alaska Civil Asset Forfeiture Reform Bill Filed. State Rep. Tammie Wilson (R-North Pole) has filed House Bill 42, which would end civil asset forfeiture by requiring law enforcement obtain a criminal conviction before property is seized. "This has to do with the belongings that are taken," Wilson said. "They still can seized. But now there will be a process for those who were not involved to be able to get their items back without a lengthy proceeding and have to get an attorney to be able to do that."

Oklahoma Asset Forfeiture Bill Coming Back. State Sen. Kyle Loveless (R-Oklahoma City) will once again file asset forfeit legislation this year. The bill would require convictions before asset forfeiture unless the property is valued at more than $50,000, if the person denies any connection to the property, or is deported or otherwise unavailable. Similar efforts in past years have been blocked by strong law enforcement lobbying efforts.

Wisconsin Asset Forfeiture Bill Filed. A bipartisan group of lawmakers is preparing an asset forfeiture reform bill that would require a criminal conviction before any seizure takes place, that any seizure be proportional to the offense, and that proceeds from forfeitures be directed to state general funds, and not law enforcement. The bill is not yet available on the legislative website.

Drug Testing

North Dakota Welfare Drug Testing Bill Filed. State Sen. Tom Campbell (R-Grafton) has filed Senate Bill 2279, which would require the state Department of Human Services to develop a procedure for testing welfare applicants suspected of illegal drug use. The bill would deny benefits for a year to applicants who refuse a drug assessment, refuse a drug test, or don't participate in a treatment program. Similar legislation has been introduced the last three sessions. The Department of Human Services does not support it.

International

Colombia Coca, Opium, and Marijuana Farmers to Form Association. The growers are planning to found the National Coordinator of Coca, Marijuana, and Opium Growers to try "to forge a common negotiating front with the government to influence any potential agreements on drug control that come as a result of peace talks with the Revolutionary Armed Forces of Colombia (FARC). The organization would have national reach and appears to be an effort to create a political coalition with the aim of directly negotiating with the government. Notably, such a coalition could form a future political support base for an eventual FARC political party. By linking the future of a FARC party to the issue of forceful eradication, which the group would almost assuredly oppose, the pace of eradication in Colombia could end up slowing even further," Stratfor reported.

This Week's Corrupt Cops Stories

It's been a quiet week on the corrupt cops front, but there's still a bit of nefariousness afoot. A Pennsylvania cop gets nailed for ripping off heroin for his own use, and more. Let's get to it:

In Donora, Pennsylvania, a part-time Donora police officer was arrested last Tuesday for stealing 133 bags of heroin that had been seized as evidence during a search. Officer James B. Johnson, 29, has allegedly confessed to taking the heroin from the evidence room, saying he intended it for his own personal use. He is charged with several drug offenses, theft, obstruction, tampering and misapplication of entrusted property.

In Baltimore, a Baltimore police officer was convicted last Thursday of tipping off suspected drug dealers. Officer Stacy Plater went down after FBI agents showed photos of suspects at a roll call, knowing that Plater knew one of them. Plater took the bait, asking if he could keep the photo, and then calling the drug dealer with a heads up. He was convicted on an official count of misconduct by a jury and faces a February sentencing date.

Stingray: Privacy, Surveillance, the War on Drugs, and Your Phone [FEATURE]

special to Drug War Chronicle by independent investigative journalist Clarence Walker, cwalkerinvestigate@gmail.com

Raymond Lambis is a free man -- at least for now.

He was looking at 10 years to life on federal drug charges, but the case was built on a controversial technology -- "Stingray" -- and in a precedent-setting 2016 decision widely celebrated by legal experts and privacy advocates, a federal judge ruled that use of the device without a search warrant violated the Fourth Amendment's proscription against unreasonable search and seizure.

The decision -- and the technology -- has implications that go far beyond the shadowy world of drug dealers and DEA agents. Stingray is a generic term for a cell-site simulator, a device that can mimic cell towers as a means of tracking down cell phones. Law enforcement can use Stingray to pick up phone calls, voicemail messages, and text messages, and to pinpoint the physical location of a targeted phone to within a few feet.

In the Lambis case, federal prosecutors argued that they didn't need a warrant to use the wide-ranging Stingray, but federal district court Judge William H. Pauley shot them down.

"Absent a search warrant," Judge Pauley held in his 14-page opinion, "the government may not turn a citizen's cell phone into a tracking device."

But that's exactly what DEA agents did to build their case against Lambis. They used Stingray to locate his cell phone inside his family residence, then conducted a warrantless search of his bedroom and uncovered a large amount of cocaine.

Federal prosecutors had a fallback argument -- that even if a warrant were necessary to track Lambis' phone, once his father gave agents at his door permission to enter and Lambis then "consented" to a search, the search should be allowed -- but Pauley wasn't having that, either.

"The procurement of a 'voluntary' consent to search based upon a prior illegal search taints that consent," he held.

US District Court Judge William H. Pauley
But if federal prosecutors have their way, the DEA and other federal agents will be able to do it again. In September, prosecutors from the US Attorneys Office for the Southern District of New York filed an appeal of Pauley's decision with the US 2nd Circuit Court of Appeals.

"We're obviously disappointed about that," Lambis' attorney Alan Seidler told Drug War Chronicle.

So is the Electronic Frontier Foundation. Rebecca Jeschke, a digital rights analyst for the group, told the Chronicle that if the government wins on appeal, everyone's privacy will be eroded.

"As we use cell phones more and more, a successful appeal will touch nearly every American," she said.

A successful appeal would be salt in the wounds of legal scholars and privacy advocates who hailed Pauley's forceful decision in Lambis as a major victory against warrantless surveillance by the government.

"This is the first federal ruling I know of where a judge squarely ruled that the Fourth Amendment required police to get a warrant to use a Stingray, and further, suppressed evidence derived from warrantless use of the technology," ACLU Attorney Nathan Wessler told the New York Times at the time. "After decades of secret and warrantless use of Stingray technology by law enforcement to track phones, a federal judge has finally held authorities to account."

According to an ACLU report, at least 60 state, local, and federal law enforcement agencies in 23 states have used Stingray to suck up citizens' cell phone data.

Stingray in the Lambis Case

According to court documents, the trail to Raymond Lambis' front door began with a DEA investigation into an alleged drug pipeline importing large amounts of cocaine from South America beginning in early 2015. DEA agents obtained a wiretap warrant to glean information about the numbers dialed from a specific cell phone.

After agents obtained the warrant, they monitored messages off a Blackberry between two suspected drug traffickers. During one particular conversation agents overheard a voice referring to someone named "Patilla," whose phone had a 646 area code.

Messages between Patilla and the other, unnamed party indicated that Patilla could supply hydrochloric acid, which is used by traffickers in the heroin-refining process. DEA agents then got a warrant to order the phone company to provide "approximate location," or "cell-site location information" (CSLI).

A frequent complaint of defense attorneys and privacy advocates has been that law enforcement, and DEA agents in particular, will mislead judges into thinking the warrant they sign off on is to get specific cell-site information from a carrier when what agents are really doing is using Stingray to locate a person's phone or actual address. As the Chronicle reported in 2013, "The Stingray technology not only raises Fourth Amendment concerns, it also raise questions about whether police withhold information from judges to monitorcitizens without probable cause.That's what happened in Lambis.

In the Lambis case, DEA Special Agent Kathryn Glover obtained a warrant seeking cell-site data and location information for that 646 phone, but did not tell the judge DEA would be using Stingray to conduct a search to pin down Lambis' exact location.

"So they went to the effort to get a warrant, but then didn't tell the judge they intended to use that same warrant to use a Stingray," ACLU technology specialist Christopher Soghoian told Ars Technica. "It is so important for federal courts to recognize that use of a Stingray is a search of a Fourth Amendment-protected place, and not only is a warrant required, but the court authorizing the surveillance must be told they are authorizing the use of a Stingray."

But the phone carrier's CSLI data, which Agent Glover said in her warrant application would be used to track down the 646 phone, only guided DEA agents to the "general area" of Broadway and 177th Street in Manhattan. To pinpoint the 'house or building where the phone most likely resided with its owner the DEA unleashed Stingray to first zero in on the exact building and then on the exact apartment.

A DEA technician using a hand-held Stingray walked through the building until he picked up the strongest signal -- coming from inside the Lambis apartment. Then, DEA agents knocked on the door, and Lambis' father allowed the gun-toting agents inside. When agents asked if anyone else lived there, the elderly man knocked on his son's door, and Lambis opened it up only to be confronted by the DEA.

Faced by the agents in his home, he then consented to a search of his bedroom, where agents discovered a kilo of cocaine, empty ziplock bags, a scale, and eight cell phones. He was charged with possession of cocaine with intent to distribute and other drug-related charges. It was Lambis' defense motion to throw out that evidence as a result of an unlawful search that led to Pauley's ruling.

The States Aren't Waiting for the Federal Courts

The courts aren't the only place Stingray is running into headwinds. Thanks to decisions like that in the Lambis case, some states have begun passing privacy legislation aiming at protecting citizens' cell phone data from warrantless searches by Stingray or similar cell-site simulators used by police. Among them are California, Illinois, Minnesota, Rhode Island, Virginia, and Washington.

"Citizens have the right to expect that they will not have their personal information investigated by police without a warrant," said Rep. Edith H Ajello (D-Providence) after passage of a 2016 Rhode Island bill that prohibits obtaining cell phone data by cell-site technology.

"Requiring a warrant won't make it difficult for police to do their job," concurred Sen. Donna Nesselbush (D-North Providence). "It's essentially updating search warrant law for the information age."

"As advances in technology enable police to more efficiently investigate and solve crimes, it's important that we help them to know they are following state laws and the Constitution," said Illinois Sen. Daniel Bliss (D-Evanston) upon passage of similar legislation there in 2016. That law, the Citizen Privacy Protection Act, went into effect January 1.

While the states aren't waiting for the federal courts to provide protections, the Lambis decision and related controversies over Stingray technology have created such a firestorm that the Justice Department and the Department of Homeland Security are now requiring agents to obtain a warrant before using Stingray in investigations. But that could change if the appeals court rules in the government's favor. Stay tuned.

Journalist Clarence Walker can be reached at cwalkerinvestigate@gmail.com.

This Week's Corrupt Cops Stories

This week, it should be "This Week's Corrupt Jail Guards," since that's all we've got. Let's get to it:

In Houma, Louisiana, a Lafourche Parish jail guard was arrested last Tuesday on drug trafficking charges. Guard LaShanta Williams, 36, went down after a two-month investigation into drugs being sent from California. Williams's brother was the actual target of the investigation, but after he was arrested, Williams allegedly returned to the home she shared with him and removed evidence. She is charged with obstruction of justice and transactions involving proceeds from drug offenses.

In Sevierville, Tennessee, a Sevier County jail guard was arrested last Thursday for smuggling drugs into the county jail. Corrections Officer Joshua Davis, 24, went down after authorities received a tip that he was plotting with an inmate and the inmate's mother to bring narcotics into the jail and searched him when he arrived at work and found drugs. He is charged with introducing contraband into a penal facility, criminal conspiracy, and possession of Schedule III drugs. The inmate and his mother were also arrested.

Chronicle AM: Guam Gov Files Legalization Bill, More Iran Drug Executions, More... (1/11/17)

Marijuana legalization bills get filed in Guam and the District of Columbia, the Global Drug Policy Commission asks Obama to commute more sentences, Chris Christie vows to fight drug addiction during his last year in office, and more.

Iran has already executed ten drug offenders this year, with another dozen set to face the gallows. (iranhr.org)
Marijuana Policy

Guam Governor Files Legalization Bill. Gov. Eddie Calvo Tuesday introduced a bill to legalize marijuana on the US island territory. "I am introducing this bill, not because I personally support the recreational use of marijuana, but as a solution to the regulatory labyrinth that sprouted from the voter-mandated medical marijuana program," Calvo said in a press release. The measure would legalize marijuana for people over 21 and impose a 15% tax on sales. Medical marijuana patients would be exempt from the tax.

DC Councilmember Files Bill for Legal Marijuana Commerce and Regulation. Councilmember David Grosso Tuesday filed a bill to establish a full tax and regulatory framework for legal marijuana commerce. If passed, the bill would put the District in conflict with Congress, which must approve city spending. But Grosso said that Congress had forced the District's hand with its meddling in city affairs.

Drug Policy

New Jersey Governor Vows to Heighten Fight Against Drug Addiction. In his final state of the state address, Gov. Chris Christie (R) said he will spend his last year as governor fighting drug addiction. "Our state faces a crisis which is more urgent to New Jersey's families than any other issue we could confront," Christie told the legislature in Trenton. "Beyond the human cost, which is incalculable, there is a real cost to every part of life in New Jersey." Christie is pushing for treatment instead of jail for nonviolent drug offenders, expanded drug courts, and expanded needle exchange programs, among other initiatives.

Law Enforcement

Federal Bill to Clear Way for more Surplus Military Gear for Police Filed. Rep. John Ratcliffe (R-TX) has filed House Resolution 426, which would bar the federal government from limiting the sale or donation of excess federal property to state and local agencies for law enforcement purposes. The bill is a response to the Obama administration's short-lived decision last year to block the transfer of military-style equipment to domestic police forces.

Sentencing

Global Drug Policy Commission Asks Obama to Free More Prisoners. In an open letter to the outgoing president, the commission, which includes a number of former heads of state, thanked Obama for his efforts to shift from a punitive approach to drugs, noted that he had freed more than a thousand drug war prisoners through his clemency program, and asked for more: "We hope that in these final days of your presidency, you will use the power of your office to commute even more prison sentences of low-level drug offenders, and restore dignity and hope to their lives," the commission wrote. "May your example inspire not only your successor, but also governors across the country."

International

Colombia Coca Cultivation Set to Increase. Colombia's post-conflict minister, Rafael Pardo, said Tuesday that coca cultivation will increase this year, the third year in a row that has seen increases in the country's coca crop. Pardo said part of the reason was the government's turn away from using aerial eradication, but that a bigger part was the government's devaluation of the peso, which dramatically increased profit margins for drug traffickers.

Iran Starts New Year With Spate of Drug Executions. The world's leading drug executioner is at again. In the first week of the new year, Iran executed 16 people, 10 of them for drug offenses. Iran executes hundreds of people each year, with drug offenders accounting for an increasing number of them. In 2015, the last year with full statistics, 66% of all executions in Iran were for drug offenses. Another 12 prisoners were set to be executed for drug offenses this week.

California's Six Largest Cash Crops: Marijuana is a Monster [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

California's agricultural bounty is fabled, from the endless olive and almond groves of the Central Valley to the world-class grapes of the Napa Valley to the winter vegetables of the Imperial Valley to the garlic fields of Gilroy, and beyond. But the biggest item in California's agricultural cornucopia is cannabis.

According to report last week from the Orange County Register, California's marijuana crop is not only the most valuable agricultural product in the nation's number one agricultural producer state, it totally blows away the competition.

Using cash farm receipt data from the state Department of Food and Agriculture for ag crops and its own estimate of in-state pot production (see discussion below), the Register pegs the value of California's marijuana crop at more than the top five leading agricultural commodities combined.

Here's how it breaks down, in billions of dollars:

  1. Marijuana -- $23.3
  2. Milk -- $6.28
  3. Almonds -- $5.33
  4. Grapes -- $4.95
  5. Cattle, calves -- $3.39
  6. Lettuce -- $2.25

That estimate of $23.3 billion for the pot crop is humongous, and it's nearly three times what the industry investors the Arcview Group estimated the size of the state's legal market would be in the near post-legalization era. So, how did the Register come up with it, and what could explain it?

The newspaper extrapolated from seizures of pot plants, which have averaged more than two million a year in the state for the past five years, and, citing the UN Office on Drugs and Crime, used the common heuristic that seizures account for only 10% to 20% of drugs produced. That led it to an estimate of 13.2 million plants grown in the state in 2015 (with 2.6 million destroyed), based on the high-end 20% figure.

It then assumed that each plant would produce one pound of pot at a market price of $1,765 a pound. Outdoor plans can produce much more than a pound, but indoor plants may only produce a few ounces, so the one-pound average figure is safely conservative.

The $1,765 per pound farm gate price is probably optimistic, though, especially for outdoor grown marijuana, which fetches a lower price than indoor, and especially for large producers moving multi-dozen or hundred pound loads.

They grow pot plants by the millions in the Golden State. (Twitter)
And maybe law enforcement in California is damned good at sniffing out pot crops and seizes a higher proportion of the crop than the rule of thumb would suggest. Still, even if the cops seized 40% of the crop and farmers only got $1,000 a pound, the crop would still be valued at $8 billion and still be at the top of the farm revenue heap.

And it would still exceed the estimate of what the state's legal marijuana market would look like -- in 2020. Arcview estimated revenues of $6.5 billion by then under legalization. For 2015, the year the Register is looking at, Arcview pegged the state's legal (medical) market at $2.8 billion.

Even making conservative assumptions about the value of the pot crop, it's clear that California pot producers are growing billions of dollars' worth of marijuana that is not accounted for by the state's legal market. Where does it all go? Ask any of those state troopers perched like vultures along the interstate highways heading back east.

That's a phenomenon that's not going to stop when California's legal marijuana market goes into full effect. It's not going to stop until people in states like Illinois and Florida and New York can grow their own. In the meantime, California pot growers are willing to take the risk if it brings the green.

This Week's Corrupt Cops Stories

A newly elected West Virginia sheriff has a meth problem, a Kentucky drug detective develops a case of sticky fingers, and more. Let's get to it:

In Spencer, West Virginia, the newly elected Roane County sheriff was arrested Tuesday on charges he stole methamphetamine from the evidence room of his previous employer, the Spencer Police Department. Sheriff Bo Williams faces removal from office after being charged with grand larceny. He had been placed on leave and resigned from the Spencer Police in December after investigators found evidence bags in his car and home. Williams has admitted to the theft and said he had been strung out for more than a year.

In Louisville, Kentucky, a former Louisville Metro Police detective pleaded guilty December 22 to stealing cash from UPS packages he was inspecting as part of the Narcotics Airport Interdiction Team. Kyle Willet, 48, "would identify UPS packages that possibly contained cash. He would then take the packages to his vehicle and open them. On a number of occasions, he then stole the contents of (the) packages." Federal prosecutors said he got away with nearly $75,000 in cash. Willet's attorney said that he was sorry, "but I think it's important for everyone to know that's whose money it was. It's cartel drug dealer money." Willet copped to one count of theft from interstate commerce and is looking at up to 10 years in federal prison when sentenced in April.

In Philadelphia, a former Bucks County jail guard was sentenced last Wednesday to between six and 23 months in prison for trying to smuggle suboxone into the Bucks County Correctional Facility in return for a $500 bribe. John Christopher Dingle, 36, copped to one count of possession with intent to deliver a controlled substance. Dingle said he was trying to help a prisoner who had helped him maintain order, but the prisoner's girlfriend was secretly working with the cops, and he was arrested after accepting suboxone strips as part of the plan.

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