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This Week's Corrupt Cops Stories

An Oklahoma sheriff and his deputy went a bit too far with asset forfeiture efforts, a Louisiana sheriff and his narcs went a bit too far in mistreating prisoners, and more. Let's get to it:

In Abingdon, Virginia, a Washington County jail guard was arrested March 22 on charges he was smuggling drugs into the jail. Guard Justin Andrew Brown, 22, went down after officials were tipped that a guard was smuggling contraband. Brown now faces charges of intent to distribute an imitation controlled substance, conspiracy to distribute a Schedule II drugs, and attempt to deliver drugs to a jail. He was jailed at the same place he worked until he made bail days later.

In Berkeley Township, New Jersey, an Ocean County juvenile justice officer was arrested last Tuesday as she allegedly prepared to make a heroin sale in parking lot near an elementary school. Erica Kotelnicki, 35, is charged with heroin distribution. A search of her home yielded more heroin, cocaine, scales, and cash. She has been suspended without pay.

In Columbus, Indiana, a former Columbus police narcotics supervisor was arrested last Wednesday on charges he stole drugs from the evidence room. Jeremy Coomes, 38, supervised the Columbus Police Narcotics Unit until October 2015, when an audit turned up various discrepancies, including missing drugs. An Indiana State Police investigation pointed to Coomes, who they said took drugs and sometimes replaced them with different items. He faces a number of charges, including possession of methamphetamine, possession of cocaine, theft, and official misconduct.

In Wagoner, Oklahoma, the Wagoner County sheriff and a deputy were arrested last Thursday over their efforts to use civil asset forfeiture to take $10,000 from a motorist. Sheriff Bob Colbert and Deputy Jeffrey Gragg claimed they were going by the book in seizing what they claimed were drug proceeds, but a grand jury disagreed, indicting them on conspiracy, bribery, and extortion charges. Colbert and Gragg pulled over a driver and his passenger, then arrested them for "possession of drug proceeds" when they declared they owned the cash. The driver then asked what he could do to stay out of jail and Gragg told him that the only way he was "going to go home was to disclaim his ownership in the $10,000." The sheriff and his deputy then released the pair and deleted records of their arrests. The money was placed in the sheriff's asset forfeiture fund.

In Edcouch, Texas, a former Edcouch police officer was arrested last Friday on charges he took cocaine from a March 2013 drug seizure. Vicente Salinas allegedly switched out four of 15 bundles of cocaine that had been turned over to the Hidalgo County Task force. No word on what the official charges are.

In New Orleans, a ninth Iberia Parish sheriff's deputy pleaded guilty last Thursday in a growing investigation into the sheriff's office. Deputy Jeremy Hatley pleaded guilty to deprivation of rights and making false statements in a case that centers around the repeated beating of inmates by deputies, including six former department narcotics agents. The deputies who copped pleas are expected to testify against Iberia Parish Sheriff Louis Ackal and Lt. Gerald Savoy, who had initial court appearances last week.

In Leesburg, Virginia,a former Loudon County sheriff's deputy was found guilty last Thursday of stealing $229,000 from the department's asset forfeiture program. Frank Pearson, 45, was found to have been sticking his hand in the cookie jar for more than a decade, even though he bizarrely claimed to have no memory of doing so. He's looking at up to 10 years in prison.

In Miami, a former Miami Police officer was sentenced last Friday to nearly four years in state prison for taking money for offering protection during drug deals. Jose Maldonaldo Dick, a seven-year veteran of the force, had been charged with two counts of armed cocaine trafficking, which is punishable by up to life in prison, but copped to a single count of providing protection for a drug dealer and being paid to do so. Dick has already spent 18 months behind bars awaiting trial.

Chronicle AM: NYPD Targets Addicts for Felony Dealing Busts, DC Cannabis Club Ban, More... (4/5/16)

Bernie talks pot in Wisconsin, Pittsburgh is a mayor's signature away from pot decriminalization, the DC city council votes to ban social consumption, NYPD narcs are targeting street addicts for felony trafficking busts, and more.

Marijuana Policy

Bernie Sanders Talks Marijuana Legalization in Final Wisconsin Speech. Democratic presidential contender Bernie Sanders sought to win votes in Wisconsin Sunday night by not only hitting his standard themes of economic inequity, but also emphasizing his progressive marijuana and drug policy approach, including removing marijuana from the Controlled Substances Act. "Today, under the Federal Controlled Substance Act, marijuana is listed as a schedule one drug alongside of heroin," said Sanders. "Now we can argue when scientists do the pluses and minuses of marijuana, but everyone knows marijuana is not a killer drug like heroin." The Vermont senator also addressed racial disparities in marijuana law enforcement: "(Criminalization of marijuana) becomes a racial issue as well, because it turns out that blacks and whites smoke marijuana at equal levels," Sanders said. "Blacks are four times more likely to get arrested for marijuana than are whites."

Pittsburgh Council Approves Decriminalization. The city council voted 8-1 Tuesday to make small-time marijuana possession a summary offense rather than the misdemeanor mandated by state law. Mayor Bill Peduto now has 10 days to sign the ordinance. Possession of small amounts will now be punishable by a $25 fine, with a $100 fine for smoking in public.

DC Council Votes to Ban Marijuana Social Clubs. The council voted 7-6 Tuesday to uphold a ban on marijuana consumption outside of private homes, making the ban permanent. The move is a reversal from the council's earlier position, which was to enact a temporary ban and set up a task force to study the issue.

Medical Marijuana

Marijuana Reform Groups Call for Hearings on CARERS Act. The Drug Policy Alliance, Americans for Safe Access, and the National Cannabis Industry Association have all issued calls for the US Senate to take up the CARERS Act (Senate Bill 683), which would protect state-legal medical marijuana activities from federal interference. The bill, filed by Sens. Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), and Rand Paul (R-KY) has been stuck in the Senate Judiciary Committee for more than a year. Committee Chair Sen. Charles Grassley (R-IA) has refused so far to let it move.

Oklahoma CBD Bill Advances. Last year, the legislature approved a bill allowing children with epilepsy to use CBD cannabis oils, and now it is moving to allow adults to use it as well. A Senate committee approved House Bill 2835, which would remove the age restriction. The measure has already passed the House and awaits a Senate floor vote.

Law Enforcement

NYPD Is Busting Low-Level Addicts for Small-Time Drug Sales, But Ignoring Dealers. The NYPD is using undercover narcotics officers to seek out drug addicts, ask them for help in scoring drugs, give them money to make the buy, and then arresting them on felony drug trafficking charges. The narcs didn't even bother to go after the dealers the small-time addicts were scoring from, the New York Times reports. Last year, nearly 5,000 people were charged with dealing small quantities of heroin or cocaine.

International

Europe Spends $27 Billion a Year on Illicit Drugs, Monitoring Agency Says. The European Monitoring Center for Drugs and Drug Addiction (EMCDDA) said in a report Tuesday that EU citizens shell out about $27 billion for illicit drugs each year."Illicit drug production and trafficking remains one of the largest and most innovative criminal markets in Europe," Europol director Rob Wainwright said in a statement.

(This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays 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.)

Virginia Cop Gunned Down Last Week Was Doing a Drug War Training Exercise

The Virginia State Trooper shot and killed at the Greyhound Bus Station in Richmond, Virginia, last week died while on a drug war training exercise aimed at patrons of the transportation hub.

Trooper Chad Dermyer, 37, was gunned down by James Brown III, an Illinois man with a lengthy criminal record, who in turn was shot and killed by Dermyer's colleagues. Two women were wounded in the gunfire, neither with life-threatening injuries.

The two fatalities come as a shock, but hardly a surprise. According to Drug War Chronicle, which has been tallying deaths directly related to domestic drug law enforcement activities since 2011, the killings bring this year's total to eleven. Over the past five years, drug war deaths have occurred at a pace of roughly one a week, and this year so far is about on track.

Of those 50 or so drug war deaths each year, only a handful have been police officers. But Dermyer is the second law enforcement officer to be killed upholding drug prohibition in a 10-day period: An Indiana deputy was killed March 22 in a misbegotten midnight drug raid over a single syringe.

In Richmond last Thursday, as Fox 10 TV reported:

State Police were at that station for a training exercise on how to intercept drugs at bus terminals, which are often critical transfer points for narcotics. Dermyer had just been training for his new position around 2:40 when he was shot by a man he approached as part of that training, according to State Police.

"The male subject pulled out a handgun and shot Chad multiple times," Virginia State Police Superintendent Col. W. Steven Flaherty said. "The male subject continued firing his weapon, as two state police troopers opened fire."

The Washington Post added a bit more detail:

[State Police Superintendent W. Steven] Flaherty said Dermyer and other troopers were at the station to train for what is called a counterterrorism and criminal interdiction unit. The unit is assigned to public transit areas and highways to identify and question people deemed suspicious. It is a way of intercepting drugs and guns.

Dermyer, wearing a dark blue uniform that resembles fatigues, had started to question the man when the assailant pulled out a gun and shot the trooper, police said. Dermyer was not wearing a protective vest.

Flaherty said the conversation lasted about 30 seconds. He said he did not know what drew Dermyer's attention to the man. Two other troopers returned fire, police said. Flaherty said the squad's training assignment was: " 'If you see some suspicious behavior, go over and engage and have a conversation.' That was what was taking place here."

While it may have been a "training exercise," what police were doing was surveilling and accosting real people in real life. And it got very real indeed when Dermyer stopped Brown, who was armed and who had an extensive criminal record, with arrests on counts ranging from the petty -- "failure to obey police, resisting a corrections officer, numerous drug charges" -- to the ugly -- "aggravated battery of a pregnant woman" -- to the quite serious -- "murder, intent to kill, aggravated battery with a firearm, felony possession of a weapon." (It's not clear which of those arrests actually resulted in convictions and on what charges.)

According to his aunt, who helped raise him and with whom he stayed until she kicked him out in December, Brown really didn't like cops. The aunt, Edith Brown of suburban Chicago, told WTVR News Brown had been to prison and had had enough.

"He said he would never go back to prison again," she said. "He would fight it out with them. He had a lot of anger about the police in the past," she said. "He pretty much thought he wanted to be infamous... in terms of having a showdown. He always praised those people who got into shootouts with police."

It's difficult to tease out the role of drug prohibition in the incident where Dermyer's and Brown's lives intersected -- and ended. It's embedded in an intricate tapestry of race and class, crime and criminalization, permanent paranoia and militarized policing. But the war on drugs is one of the threads, and now, two more people are dead.

Richmond, VA
United States

Chronicle AM: More Obama Commutations, SC Town Pays Big for Killing Teen in Pot Bust, More... (3/30/16)

The president has commuted sentences for another 61 federal drug offenders, Maine legalizers are fighting to get their signatures validated and their initiative on the ballot, a South Carolina town pays out big for the death of a local teen in a small-time pot bust, and more.

Zach Hammond's family has settled a lawsuit over his death in a small-time pot sting operation gone bad. (Hammond family photo)
Marijuana Policy

Maine Senate Approves Marijuana DUID Bill. The Senate voted 19-14 Wednesday to pass LD 1628, which establishes a blood level for THC over which the driver is presumed to be impaired. The bill sets the limit at 5 nanograms of THC per milliliter of blood, the same as the states of Colorado and Washington. The bill now goes to the House.

Maine Legalization Campaign Gets Hearing On Invalidated Signatures. At a court hearing Wednesday, the Campaign to Regulate Marijuana Like Alcohol fought to get more than 17,000 invalidated signatures reinstated. The campaign accused Secretary of State Matthew Dunlap of using an "unconstitutionally vague" interpretation of election laws to invalidate the signatures -- all of which were notarized by the same person. Dunlap said the notary's signature didn't match his on-file signature. By invalidating the 17,000 signatures, Dunlap ensured that the initiative campaign would not qualify for the November ballot. The court has until April 11 to render a decision.

Oregon Governor Signs Marijuana Edibles Bill. Gov. Kate Brown Tuesday signed into law Senate Bill 1511, which allows people 21 and over to purchase edibles and extracts at dispensaries. The bill also allows recreational pot stores to sell medical marijuana tax-free to registered patients.

Medical Marijuana

Rhode Island Patients Protest Proposed Medical Marijuana Tax. Protestors gathered at the State House Tuesday to just say no to Gov. Gina Raimondo's (D) plan to impose a tax on patient and caregiver growers. "We have pain, we have cancer, taxing us is not the answer," they chanted. Under her plan, caregivers would have to pay $350 per plant and patients who grow their own would have to pay $150. The protest took place just before the House Finance Committee took up the proposal.

Heroin and Prescription Opioids

Full Transcript of President Obama's Atlanta Remarks on Heroin and Pain Pills. The White House has released the full transcript of the discussion panel in which President Obama took part Tuesday as part of the National Prescription Drug Abuse and Heroin Summit in Atlanta. Click the title link for the transcripts.

Law Enforcement

Family of Zach Hammond Settles Police Killing Lawsuit. The South Carolina teenager was shot and killed by police last summer as he sat in his pick-up truck. The teenage girl who was his passenger was the target of an attempted bust over the sale of a bag of weed, and police shot Hammond as he attempted to pull away from the scene. His family has settled the lawsuit for $2.1 million. State investigators last year concluded that the killing was justified, but the city has just paid up.

Sentencing

Obama Pardons More Drug Offenders. President Obama today granted clemency to 61 more federal drug offenders, more than a third of whom were serving life sentences. That brings to 248 the number of sentences commuted by Obama, more than the six previous presidents combined. He was also set to meet today with people whose sentences had been commuted by previous presidents to discuss their experiences with reentry and how the process can be strengthened. On Thursday, he will hold a Life After Clemency briefing at 2:00pm EDT, which can be viewed live at www.whitehouse.gov/live.

This Week's Corrupt Cops Stories

A crooked Louisiana deputy working on a DEA task force pleads guilty, an Ohio reserve police officer gets caught slinging ecstasy, and more. Let's get to it:

In Rocky River, Ohio, a Linndale reserve police officer was arrested last Tuesday on charges she was slinging marijuana and ecstasy. Reserve Officer Jonida Alicka and her sister, Denisa, are accused of obtaining ecstasy in Canada and distributing it in Ohio. They are both charged with possession with intent to distribute marijuana and ecstasy.

In Mount Holly, New Jersey, a state prison guard was arrested last Thursday on charges he was selling drugs to inmates. Guard Jacquae Hollinshead went down after a long-term investigation by the Department of Corrections into prisoner drug use at the Garden State Youth Correctional Facility. She is charged with possession of a controlled substance with intent to distribute, official misconduct, money laundering, and providing contraband to inmates.

In Covington, Louisiana, a former Tangiapahoa Parish sheriff's deputy pleaded guilty March 11 in a scheme to re-sell seized drugs. Johnny Domingue, 27, was arrested in January for crimes that occurred while he was a member of DEA task force. A second Tangipahoa deputy was arrested on similar charges last month. They were both accused of stealing oxycodone pills and cash during one drug raid, stealing methamphetamine and cash in another, and Domingue was accused of also breaking into the evidence room and stealing 20 pounds of marijuana.

Drug War Idiocy: One Indiana Deputy Killed, Another Wounded in Midnight Drug Raid Over a Syringe

Howard County Sheriff's Deputy Carl A. Koontz, 27, was shot and killed and Sgt. Jordan F. Buckley, 35, was shot and wounded in a midnight drug raid gone wrong Sunday night in Russiaville, Indiana. The target of the raid, Evan Dorsey, 25, was later found dead of a self-inflicted gunshot wound inside the mobile home that was raided.

According to Drug War Chronicle, which has been tallying deaths directly related to domestic drug law enforcement activities since 2011, the killings bring this year's total to nine. Over the past five years, drug war deaths have occurred at a pace of roughly one a week, and this year so far is right on track.

In this case, they died over a syringe. That's right -- as the Indianapolis Star reported, the deputies were serving an arrest warrant on Dorsey for failure to appear in court over possession of a syringe.

The deputies went to the mobile home where Dorsey was staying shortly after midnight Sunday. According to Howard County Sheriff Steven Rogers, they were part of a team that included sheriff's deputies, Kokomo police officers, and the Russiaville town marshal.

Rogers said officers knocked on the door and announced their presence, but got no answer. He said the deputies "were shot as they entered the home."

Roger's account (or the Star's reporting) doesn't make clear just exactly how officers "entered the home." No one answered the door, so they either just opened it and entered or broke it down and entered. In either case, there were now armed intruders in the residence in the middle of the night. They were met with gunfire from Dorsey.

A SWAT team was called to the scene, but got no response from Dorsey. Two hours later, the SWAT team entered the home and found Dorsey dead of a gunshot wound. An autopsy released Monday described the wound as self-inflicted.

The death of a sheriff's deputy and a citizen in this incident should call into question the decision-making that led to the fatal encounter. Is failure to appear in court for possession of a syringe such a serious offense that it requires a midnight drug raid? In a nation where owning guns is seen as an inalienable right, should police be risking their lives breaking into homes in the night when they could reasonably assume an armed resident might mistake them for intruders? And above all, in retrospect, was it worth it?

While some states have legalized the possession of syringes without a prescription, many continue to criminalize their possession through drug paraphernalia laws. In Indiana, possession of a syringe is a violation of the paraphernalia law, and possession of a syringe with any detectable amount of an illicit drug exposes carriers to drug possession charges.

Russiaville, IN
United States

Myths, Moralism, and Hypocrisy Drive the International Drug Control System

Julia Buxton is Associate Dean and Professor of Comparative Politics at the School of Public Policy, Central European University, Budapest. Follow her on Twitter: @BuxtonJulia

This article is published as part of an editorial partnership between openDemocracy and CELS, an Argentine human rights organisation with a broad agenda that includes advocating for drug policies respectful of human rights. The partnership coincides with the United Nations General Assembly Special Session (UNGASS) on drugs.

In April 2016, the international community will convene for the United Nations General Assembly Special Session on the World Drug Problem (UNGASS). This event, held two years early due to the urgency of the drug situation and intensity of drug-related violence, presents an opportunity to question the fundamentals of international drug policy. Despite overwhelming evidence that a century-long quest to control human behavior and drug markets through international treaties and national legislation has failed, there is little expectation of change. The vested interests in retaining the status quo are significant, with sclerosis legitimized through the recurrent exhortation to improve international co-operation.

Major institutional and policy change is required and will ultimately be unavoidable. The treaty system and international drug control institutions stemming from the first international drug conference in 1909 have set us on an orientation within drug policy that does not reflect the dynamics of global drug markets or protect us from drug related harms. Control efforts and resources are skewed toward drugs such as cocaine and heroin, when synthetic drugs such as methamphetamine dominate markets. Enforcement is focused on countries of the global south, when the global north is the world’s key zone for the manufacture and export of illicit substances, and where the bulk of drug trade profits are realized.  

Framed by history

 

From its initiation, the drug control system has responded to the perceived risk from narcotic plants grown in the global south. In 1909, the ‘great powers’ of the day met in Shanghai to discuss controls on opium, a freely traded commodity derived from opium poppy. The result was a seismic market shift, overturning centuries of colonial engagement in opium poppy cultivation in far flung empires of south Asia, and ending the popular use of opium for purposes of pain or pleasure.

The resulting 1912 International Opium Convention of The Hague was the first international drug treaty. It set the intellectual and institutional direction for the drug control system, strategies and approaches that operate today. To put it another way, today we respond to the complex, transnational challenges of HIV/AIDS, internet-based drug sales and international organized crime through a framework devised by imperial powers at a time when women could not vote or wear trousers, when nose size and skin color were seen to determine brain size and civility, and when addiction was understood as a problem of ‘godlessness’.

Over the course of a century, the treaty system has evolved through to the most recent 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, incorporating into the control system a diversity of plants, weeds, shrubs and chemicals deemed “evil” and harmful to the “health and welfare of mankind”. At no point has the United Nations, which administers and oversees the treaty system, reconsidered first principles – as set out in 1912 and institutionalized in the 1961 Single Convention on Narcotic Drugs – that it is desirable or even possible for states to prohibit access to a selected range of intoxicating substances. 

Sovereign states remain locked into the goal of eliminating, or at least significantly curbing the production, distribution and use of drugs. They must cooperate on international control efforts and, in line with the 1961 Single Convention, they are required to treat participation in the drug trade as “punishable offenses when committed intentionally”, and as “serious offenses […] liable to adequate punishment particularly by imprisonment or other penalties of deprivation of liberty”.

A legacy of failure

 

These efforts to control human behavior and to terminate the supply of harmful substances cannot succeed, even if recurrently stepped up, militarized and coercively enforced. According to the latest figures from the United Nations Office on Drugs and Crime (UNODC), 1 out of 20 people between the ages of 15 and 64 years used an illicit drug in 2013. This is despite punitive national policies to prevent consumption, including by depriving users of illegal drugs of their freedom, access to their children, employment and medical care, and even their right to life.

The use of cocaine, heroin, cannabis and amphetamines remains a ‘global habit’ in a borderless world, configured around a sophisticated, lucrative and innovative transnational market that supplies a diversity of ever cheaper drugs to an estimated 246 million people.  

The 1961 Single Convention looked to eliminate opium use within 15 years, with a 25-year schedule for cocaine and cannabis. In 1998, the UN promoted a “drug-free world”, to be achieved within ten years, and a host of cultivating countries have, over the decades, committed to achieving zero-cultivation of narcotic drug crops. But just as demand reduction targets have never been met, neither have those relating to supply. At over 7,000 tons in 2014, opium production reached its highest level since the 1930s. There was an estimated 120,000 hectares under coca bush cultivation in 2013 (with potential for the manufacture of 662 to 902 tons of cocaine). Meanwhile, as stated in the UNODC’s “World Drug Report 2015”, advances “in cannabis plant cultivation techniques and the use of genetically selected strains have led to an increase in the number of cannabis harvests, as well as in the yield and potency of cannabis”.

As set out by Yury Fedotov, executive director of the UNODC, “we have to admit that, globally, the demand for drugs has not been substantially reduced and that some challenges exist in the implementation of the drug control system”. This acknowledgement has not led to any questioning of mission, or the plausibility of prohibiting access to certain drugs – even with evidence that nine out of ten users are not considered dependent or problematic. Neither has there been engagement with the reality that making certain substances illegal has made them more attractive to produce and supply. Criminalization has converted freely growing plants into billion dollar crops, high profit margins incentivize illicit supply, while the ‘success’ of drug seizures serves only to elevate prices. A utopian goal is being pursued through a strategy that makes it unachievable. 

A northern bias

 

In policy and implementation, drug control remains overwhelmingly preoccupied with opium poppy and coca leaf. International counter-narcotics efforts and assistance – both military and development – have focused on ‘producer’ states such as Colombia, Bolivia and Peru (coca leaf), Mexico (opium poppy) and south Asian countries such as Afghanistan, Burma and Laos PDR (opium poppy). However, as successive UNODC World Drug Reports demonstrate, opioids and cocaine are not the most widely consumed drugs, or arguably the most dangerous.

Contemporary drug markets, measured in terms of seizures and reported use, are increasingly dominated by synthetic drugs: ‘Amphetamine Type Substances’ (ATS) such as methamphetamine and amphetamine, as well as Ecstasy (MDMA) and a raft of ‘New Psychoactive Substances’ (NPS) of which 450 were reported in 2014. The key manufacture and export zones for these drugs are not the global south, but west and east European countries and north America. Patterns of drug flows are the reverse of the dynamics envisioned in the treaty framework. The old delineation of consumer and producer states no longer exists, and the global north is now the key producer region, including for cannabis.

This raises the more difficult question of accounting for the inconsistent application of counter-narcotics efforts, and the gross inequalities in terms of costs and impacts. An estimated 164,000 people were killed during the counter-narcotics surge of 2007 to 2014 in Mexico, a death toll higher than Iraq and Afghanistan combined. But the thought of militarizing supply control in the Netherlands – a leading producer country – on the level experienced by Mexico, is unconscionable. Why are Colombia, Bolivia and Afghanistan acceptable theaters for violent weaponized counter-narcotic operations, and not Poland or Canada?

Moreover, the lack of high level violence in the drug markets of these northern producer countries signifies that illicit markets can be peaceful. From this perspective, it is the disruptive market interventions, weapons flows and training of paramilitary counter-narcotics units that are the drivers of violence in the global south, not the drug markets themselves. Similarly, in relation to northern interventions, how can it be the case that the EU and US fund cannabis eradication in the global south while legalizing or decriminalizing domestically? 

The north’s deflection of its leading role in the drug trade is institutionalized in the treaty system and international drug control institutions. The result is that we have remarkably little information about the evolving threats to mankind’s ‘health and welfare’ posed by synthetics. As set out in the preface to the 2013 World Drug Report, ATS use “remains widespread globally, and appears to be increasing in most regions”, with crystalline methamphetamine “an imminent threat”. Yet while we have each hectare of coca and opium meticulously researched, there is a paucity of data and information on the manufacture of synthetic drugs, or their consumption. It was not until 2008 that the UNODC launched dedicated ATS analysis through the UNODC Global SMART Program(Synthetics Monitoring: Analyzes, Reporting and Trends), with the aim of generating, analyzing and reporting on the synthetic drug market, and improving global responses to the rise in ATS manufacture, trafficking and consumption.

Drug control is constantly re-legitimized by a moral narrative of protecting health, welfare and security. Yet by downplaying the role of European and North American countries in the drug trade, and the historical salience of synthetic markets by default, the system is creating public health risks, it cannot anticipate change in dynamic markets, and it has an insufficient evidence base for policy. Indicative of this is the acknowledgement in the 2016 World Drug Report that, “the sheer number, diversity and transient nature of NPS currently on the market partly explain why there are still only limited data available on the prevalence of use of many NPS. Those difficulties also explain why both the regulation of NPS and the capacity to address health problems related to NPS continue to be challenging.”

In 2012, the International Narcotic Control Board that monitors treaty enforcement, set out that, “dividing countries into the categories of “drug-producing”, “drug-consuming” or “transit countries” has long ceased to be realistic. To varying degrees, all countries are drug-producers and drug-consumers and have drugs transiting through them.” Despite institutional acknowledgement of market transformations, the new geopolitical realities of the drug trade are not reflected in enforcement activities, in the language of drug control institutions, or in the allocation of resources for research, education, treatment and rehabilitation. These remain concentrated on coca and opium poppy, cocaine and heroin.

From the local to the global level, we are, with some small exceptions, locked into arcane, counterproductive and illogical policies that violate fundamental rights and freedoms, spread disease, exacerbate violence, and which impede development – in the view of other UN agencies. The UNODC, which sits in an institutional silo, uses the benign term “unintended consequences” to refer to the wholly negative impact of counter-narcotics policies and how these are disproportionately borne along stratified racial, class and geographic lines. The myths, Victorian moralism and hypocrisy that frame international drug policy need to be confronted if we are to progress to rights-based interventions that genuinely reduce harm. In other words, drug policies which are fit for the twenty-first century.           

This article is published as part of an editorial partnership between openDemocracy and CELS, an Argentine human rights organization with a broad agenda that includes advocating for drug policies respectful of human rights. The partnership coincides with the United Nations General Assembly Special Session (UNGASS) on drugs.

Chronicle AM: Canada Wakes Up the CND, Tampa Pot Decrim, CA Legalization Init Getting Signatures, More... (3/17/16)

California's leading legalization initiative is one-quarter of the way home, Tampa is the latest Florida locality to decriminalize pot possession, the Canadians wake up the Commission on Narcotic Drugs with a very reform-oriented speech, and more.

Canada came out strong for harm reduction and marijuana legalization at the Commission on Narcotic Drugs in Vienna this week.
Marijuana Policy

California AUMA Legalization Initiative Has 25% of Needed Signatures. The Adult Use of Marijuana Act (AUMA) initiative has accumulated nearly 100,000 signatures since petitioning began in January. It has until July 5 to turn in a total of 365,880 valid voter signatures to qualify for the November ballot. While other initiatives are out there, this one, supported by tech billionaire Sean Parker and Lt. Gov. Gavin Newsom (D), is the one most likely to have the dollars behind to actually make the ballot.

Tampa Decriminalizes Pot Possession. The city council has passed an ordinance that decriminalizes the possession of up to 20 grams of marijuana. The move was supported by the mayor and the police chief. Now, possession will no longer be a misdemeanor, but will be a civil infraction punishable by a $75 fine for a first offense, $150 for a second, and $450 for any subsequent offenses.  Tampa now joins a number of South Florida localities that have decriminalized, as well as Central Florida's Volusia County.

Medical Marijuana

New York State Senator Unveils Medical Marijuana Expansion Package. State Sen. Diane Savino  (D-Staten Island) has introduced a package of bills—Senate Bills 6998, 6999, and 7000—designed to expand the state's constricted medical marijuana program. One bill would allow nurse practitioners to recommend medical marijuana, another would allow the five organizations licensed to grow and sell medical marijuana to double the amount of dispensaries they can open from four to eight, while another would expand the conditions for which marijuana could be recommended.

Law Enforcement

Denver Cops Instructed to Not Punch Suspects Believed to Be Swallowing Drugs. The Denver Police Department's Office of the Independent Monitor recommended Tuesday that the department adopt new policies to provide guidance to officers when they arrest a suspect believed to be trying to swallow the evidence.  "The OIM recommends that the DPD revise its Use of Force Policy to provide specific guidance on what types of force are permitted, and prohibited, to remove potential contraband from the mouths of persons being placed under arrest. The OIM further recommends that this revised policy prohibit the use of strikes to force persons being place under arrest to spit out potential contraband," the report reads. The recommendation comes in the wake of a widely-decried 2014 incident in which an officer was recorded repeatedly punching a man who was allegedly trying to stuff a heroin-filled sweat sock into his mouth.

Sentencing

Groups File Brief Seeking Reduction in Life Sentence for Silk Road's Ross Ulbricht. The Drug Policy Alliance (DPA) filed an amicus brief Thursday urging the US 2nd Court of Appeal to reduced the life without parole sentence meted out to Ross Ulbricht, who was convicted of operating the Silk Road drug sales website. Joining DPA in the brief were Law Enforcement Against Prohibition, JustLeadershipUSA, and retired federal judge Nancy Gertner.  "Mr. Ulbricht’s draconian sentence flies in the face of evolving standards of decency," said Jolene Forman, Staff Attorney at the Office of Legal Affairs for the Drug Policy Alliance and lead author of the brief. "Nationally, lawmakers are working across the political aisle to reduce harsh sentences for drug offenses. And, many of our allies in Europe consider life without parole sentences inhumane."

International

Canada's New Liberal Government Wakes Up the Commission on Narcotic Drugs Meeting. A speech from a Canadian representative at the Commission on Narcotics Drugs (CND) meeting in Vienna this week was met with eruptions of applause from the audience after the speaker, Assistant Deputy Minister of Health Hilary Geller, made clear that the Liberals were embracing harm reduction, including safe injection sites, and marijuana legalization. Geller's speech not only contrasted sharply with the previous Conservative government's anti-drug reform positions, but also with the cautious pronouncements made by other nations. At the end of the speech, the audience of government officials and NGO leaders gave Geller a standing ovation.

Mexico Captures Cartel Leader Tied to Border Shootouts. After a bloody weekend in Reynosa, where at least a dozen people were killed in clashes between cartel gunmen and soldiers and cartel gunmen set up burning street barricades, federal police Monday captured the Gulf Cartel leader who was allegedly the target of the federal action on the border. The man arrested is Cleofas Alberto Martinez Gutierrez, who officials said was the cartel's number two boss in Reynosa. They found him at a Mexico City race track. 

This Week's Corrupt Cops Stories

Another DEA scandal is brewing in the Big Easy, more jail guards gone wild, another cop with a pill problem, and more. Let's get to it:

In New Orleans, a "golden boy" DEA agent is at the center of an investigation into misconduct in a multi-agency drug task force he led. An FBI-led criminal inquiry has focused on several sheriff's deputies who served on the task force and are suspected of stealing cash and selling drugs. The problems with the DEA in New Orleans resulted last month in the head of the New Orleans being recalled to Washington.

In Lisbon, Ohio, a Columbiana County jail guard was arrested last Friday as he tried to smuggle drugs into the jail. Corrections Officer Steven Michael Hamilton, 27, was caught carrying joints, pills, and loose tobacco into the jail hidden inside a Burger King bag. He admitted being paid $50 to do so. He is charged with illegal conveyance of a drug of abuse.

In Corinth, Mississippi, an Alcorn County jail guard was arrested last Saturday as he tried to smuggle drugs, alcohol, and other contraband into the jail. Acting on a tip, sheriff's deputies searched Ethan Wayne Little's vehicle when he reported to work and found meth, cocaine, marijuana, tobacco, alcohol, and a cell phone bundled in a package. It's not clear what the precise charges are.

In Wilkes-Barre, Pennsylvania, a former Dupont police officer was convicted Tuesday of letting a drug dealer go free in exchange for prescription pain killers. Kenneth Shotwell, 46, was convicted of bribery, obstruction of justice, and official oppression. He went down after pulling over the known dealer, accusing him of driving on a suspended license, and then letting him go in exchange for oxycodone tablets.

In Sacramento, California, a former deputy US Marshal was sentenced last Thursday to 10 years in federal prison for ripping off 24 pounds of marijuana from drug dealers in Yuba City. Clorenzo Griffen, 38, and two acquaintances stole the weed at gunpoint in a motel parking lot, but then attracted the attention of a Highway Patrol officer by blowing through a stoplight as they fled. The robbers then abandoned their vehicle, and Griffen ran into a nearby building—which happened to be the Sutter County Sheriff's Office—where he was arrested.

In Philadelphia, a former prison guard was sentenced Monday to 2 ½ years in federal prison for delivering OxyContin pills to prisoners in return for cash. Joseph Romano, 31, pleaded guilty in December to attempted organization and two counts of attempted distribution of controlled substances. He quickly confessed to his offenses, and that confession helped lead to a sting that resulted in the indictment of five other prison guards. Romano said he was addicted to opioates because of an injury and said he would focus on his recovery. 

Medical Marijuana Update

Michigan dispensaries get raided, a CBD cannabis oil bill comes back to life in Georgia, a CBD cannabis oil bill dies in Utah, Pennsylvania is just a couple of votes away from medical marijuana, and more.

California

On Monday, an appeals court upheld LA's ban on medical marijuana deliveries A three-judge appellate court panel upheld a lower court's decision to temporarily ban Nestdrop, an app that allowed people in the city to have marijuana delivered to their door. But the decision will have an impact beyond Nestdrop; the justices held that under the city's zoning law, Proposition D, all delivery services are barred from operating in the city.

Georgia

On Monday, the CBD cannabis oil bill wa revived. Supporters of House Bill 722, which would expand access to CBD cannabis oil, have resurrected the measure by attaching its language to an old Senate bill. It could go to a House vote as early as today. The bill would expand conditions that qualify for CBD cannabis oil and allow companies outside the state to ship it in. Language that would have allowed in-state marijuana cultivation to produce the oil was stripped out earlier in the House.

Michigan

On Sunday, dispensary raids sparked protests. Nearly a hundred people took to the streets outside the Michigan State Police Gaylord Post Sunday to protest raids against 12 Oswego County dispensaries two days earlier. The Straits Area Narcotic Enforcement (SANE) team led the raids, which were the second such law enforcement assault on patient access in the area in the past year.

On Tuesday, more raids were revealed. The West Michigan Enforcement Team (WEMET) has raided four dispensaries for allegedly selling medical marijuana to cardholders who were not their registered patients. Two were in Saugatuck, one in Allegan City, and one in Pullman. Twelve other Northern Michigan dispensaries were raided last week.

Nebraska

On Monday, a state medical marijuana political party was formed. Cornhusker activists tired of waiting for the legislature to act have formed a political party, Legal Marijuana Now Nebraska, and are preparing a signature drive to put medical marijuana to the voters. The will need to gather 6,500 valid voter signatures by August 1 to qualify for the November ballot.

Ohio

On Tuesday, the medical marijuana initiative campaign resubmitted initiative language. That didn't take long. Last Friday, Attorney General Mike DeWine (R) rejected the Ohioans for Medical Marijuana initiative because of deficiencies in its summary. On Tuesday, the campaign submitted revised language. After 20 days of review by state officials, the campaign will then have until July to gather 306,000 valid voter signatures to qualify for the November ballot. Pennsylvania

 

Last Thursday, a key House member said he would allow a vote on the medical marijuana bill this week. Ten months after the Senate approved Sen. Mike Folmer's Senate Bill 3, the House will finally vote on it this week. On Monday, the bill began to move. The House Monday night passed an amended version of Sen. Mike Folmer's Senate Bill 3. The vote comes 10 months after the bill passed the Senate. The bill still faces a final House vote and then must return to the Senate for its approval of the amended version. South Dakota Last Wednesday, the House killed a CBD cannabis oil bill. A bill that would have allowed for the use of CBD cannabis oil was killed in the House Wednesday on a 25-43 vote, with one "no" voter suggesting parents who lobbied for it should move to another state. The measure, Senate Bill 171, had already passed the Senate, and Republican Gov. Dennis Daugard had suggested he would sign it. Rep. Kristin Conzet (R-Rapid City) told people suffering seizure disorders they should move elsewhere. "I don’t like the road that we’re going down at this time," she said. "This is not a bill for South Dakota." 

Utah

Last Thursday, the legislative killed a CBD cannabis oil bill. First, lawmakers killed an actual medical marijuana, Senate Bill 73, and then, a watered-down substitute, Senate Bill 89 died as lawmakers could not come to agreement on late amendments on the last day of the session. The stage is now set for a medical marijuana initiative drive by patients and supporters frustrated with the legislature's inaction.

 

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

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