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Chronicle AM: Bumper Afghan Opium Crop, No Monopoly Needed for MJ Research, Says State, More... (5/5/16)

It's harvest time in Afghanistan and the poppy crop is bountiful, the State Department says UN drug treaties don't require a NIDA monopoly on research marijuana, CBD bills get signed by the governor in Alabama and go to the governor in Oklahoma, South Dakota's internal possession law is obstructing sentencing reforms, and more.

It's a bumper crop of opium poppies for Aghanistan this year. (unodc.org)
Marijuana Policy

Massachusetts Legalization Foes Attack Marijuana Potency. The anti-legalization Campaign for a Safe and Healthy Massachusetts, led by Gov. Charlie Baker (R), Boston Mayor Martin Walsh (D), and House Speaker Robert DeLeo (D), is set to make an issue of marijuana potency as it attempts to blunt support for the state's legalization initiative. It's a 21st Century version of former drug czar William Bennett's "not your father's marijuana."

Oregon To Allow Recreational Edibles Sales Beginning in June. The Oregon Health Authority issued draft temporary rules Wednesday that will allow the sale of marijuana edibles to recreational users at medical marijuana dispensaries beginning in June. Recreational pot shops aren't open yet, but adults who want to purchase marijuana have been able to do so at dispensaries. Now, they will be able to buy edibles there, too.

Medical Marijuana

State Department Says NIDA Monopoly on Research Marijuana Unnecessary. The Bureau of International Narcotics and Law Enforcement at the State Department has gone on record stating that the United States could issue multiple licenses for the cultivation of cannabis for medical and scientific purposes without violating the United Nations Single Convention on Narcotic Drugs treaty. The statement came in response to a direct request from Senator Kirsten Gillibrand (D-NY) regarding whether issuing multiple licenses to grow medical marijuana was a violation of the Single Convention. The State Department's interpretation is at odds with that of the Drug Enforcement Administration (DEA) which has always maintained that the treaty only allows a single license, which is granted to the National Institute on Drug Abuse (NIDA). This has created what is referred to as the "NIDA monopoly on cannabis," which has stalled medical cannabis research for years.

Alabama Governor Signs CBD Medical Marijuana Bill. Gov. Robert Bentley (R) Wednesday signed into law "Leni's Law," House Bill 61, which will allow the use of CBD cannabis oil to treat people suffering from debilitating seizures. The bill is named for Leni Young, a child whose family had to move to Oregon because her CBD treatment was illegal in Alabama. The family reports a dramatic reduction in seizures since using cannabis oil.

Oklahoma Legislature Approves CBD Cannabis Oil Bill. The House Wednesday voted 69-14 to approve a bill expanding the medicinal use of CBD cannabis oils. Last year, the state approved CBD cannabis oil, but only for people under 18. This bill, which now awaits the governor's signature, removes that age restriction.

Heroin and Prescription Opioids

Connecticut Bill Would Increase Penalties for Synthetic Opioids. The legislature is considering House Bill 5524, which changes the definition of narcotic substances to include fentanyl and its derivatives. This would expose fentanyl sellers to up to 15 years in prison, as opposed to the up to seven years in prison they currently face.

Drug Policy

South Dakota's Internal Possession Laws An Obstacle to Sentencing Reform, Report Finds. Criminal justice reforms have slowed the growth of the state's prison population, but South Dakota is still locking up too many drug offenders because of a state law that makes ingestion of a controlled substance a felony. That's the bottom line of a new report issued Thursday by the Urban Institute's Justice Policy Center.

Drug Testing

Wisconsin Governor Signs Unemployment Benefits Drug Testing Order. Gov. Scott Walker (R) Wednesday signed an emergency order mandating drug testing for people seeking unemployment benefits. Those who refuse the drug test will have their benefits denied; those who fail it must undergo drug treatment and a job skills assessment in order to retain benefits. The rule will take effect when published later this week.

International

High Yields for Afghanistan's Poppy Crop This Year; Taliban Happy. Farmers and officials in Helmand Province, the heartland of Afghan opium production, are reporting high yields thanks to abundant rainfall and the cancellation of government eradication campaigns. Taliban members were taking part in return for wages and taxes, in cash or in kind, as well as recruiting new members from among the seasonal laborers who scrape the resin from the poppy pods. "We are happy that we had a good harvest this year compared with previous years," said Abdul Rahim Mutmain, a farmer in Musa Qala district. "There is no security concern for a single laborer being checked or robbed by the police," Mr. Mutmain said. "The entire district is under Taliban control and the bulk of the harvesters are Taliban." He added, "Actually, this is the Taliban regime -- you can take your narcotics anywhere or anytime you want to sell them."

Medical Marijuana Update

A CBD bill passes in Alabama, the feds give up on going after the country's largest dispensary, Oakland moves to expand medical marijuana operations, and more.

Alabama

Last Friday, . Both houses of the legislature have now approved "Leni's cannabis oil to treat their ailments. Gov</p><p><strong>California</strong></p><p style=">On Tuesday, the feds ended their attempt to shut down Harborside Health Centers. Federal prosecutors have reached a "historic agreement" with Harborside to end their efforts to seize the Oakland and San Jose dispensaries for violating federal drug laws. In return, Harborside agrees not to pursue further legal action against the federal government. "We are gratified that the government has finally seen fit to lay down its arms against Harborside in this case," said Harborside attorney Henry Wykowski. "The will of the people is for medical cannabis dispensaries to operate free from federal threats of closure. We hope we are on the cusp of a policy change and that the Department of Justice will no longer target state-legal dispensaries for forfeiture."

Oakland approved medical marijuana expansion<p style=">Colorado

ConnecticutIllinoisstandards for approving new conditions are too strict.

New Hampshire</strong></p><p style=">New Hampshire's First Dispensary Opens. The Sanctuary Alternative Treatment Center opened in Plymouth last Saturday. It's the first dispensary in the state to open for business. It only took nearly three years after the state's medical marijuana law was approved for this to happen.

Ohio

On Tuesday, legislators revealed that their medical marijuana bill won'[t allow smoking. Vaping is okay, but toking is not under House Bill 523, the bill being considered by the legislature. The bill would also bar home cultivation. Proposed ballot initiatives, however, would allow both smoking and home cultivation, so the legislature's effort to undercut initiatives by passing its own bill may still not be enough to blunt the popular measures.

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

Chronicle AM: CA Init Hands in Plenty of Signatures, CT Passes Sweeping Opioids Bill, More... (5/4/16)

Californians will have a chance to vote on marijuana legalization this year, Oakland moves ahead with medical marijuana expansion, Connecticut passes a sweeping bill aimed at the opioid crisis, and more.

Marijuana Policy

California AUMA Legalization Initiative Hands in Signatures. Supporters of the Sean Parker-backed Adult Use of Marijuana Act (AUMA) legalization initiative handed in some 600,000 signatures Tuesday. They only need 365,000 valid voter signatures to qualify for the November ballot. It looks very much like California will vote on legalizing marijuana this fall. Under the AUMA, adults 21 and over could possess and transport up to an ounce and grow up to six plants. The AUMA would also create a system of licensed and regulated marijuana cultivation and commerce.

After Killing Legalization, Vermont House Approves Move to Develop System to Regulate Legal Marijuana. Legalization is dead for this year, but the House Tuesday voted to approve a measure that would begin the development of system to regulate legal adult marijuana use. The House approved House Bill 858 after amending it to include language establishing a commission to "propose a comprehensive regulatory and revenue structure that establishes controlled access to marijuana in a manner that, when compared to the current illegal marijuana market, increases public safety and reduces harm to public health." The commission would be required to provide its recommendations to the legislature by the end of the year.

Medical Marijuana

Oakland Approves Medical Marijuana Expansion. The city has given its okay for a plan to license up to eight more dispensaries a year, as well as creating the city's first-ever licenses for farms, kitchens, and labs. The move came on a pair of unanimous city council votes after 16 months of laying the political groundwork. The council must come back later and approve the changes one more time before they're final.

Colorado Legislature Approves Bill to Help Young Medical Marijuana Patients. The legislature has approved House Bill 1373, which orders school districts to come up with policies to accommodate students who are medical marijuana patients. The measure does not allow smokable marijuana at school, nor does it require school employees to administer marijuana-based medicines. That will be left to parents or primary caregivers. Gov. John Hickenlooper (D) is expected to sign the bill into law.

Ohio Medical Marijuana Bill Won't Allow Smoking. Vaping is okay, but toking is not under House Bill 523, the bill being considered by the legislature. The bill would also bar home cultivation. Proposed ballot initiatives, however, would allow both smoking and home cultivation, so the legislature's effort to undercut initiatives by passing its own bill may still not be enough to blunt the popular measures.

Heroin and Prescription Opioids

Connecticut Legislature Approves Sweeping Opioids Bill. The state Senate Tuesday passed comprehensive opioid legislation that would put a one-week cap on first-time opioid prescriptions to treat acute pain. The bill would also require localities to ensure that first responders have access to the overdose reversal drug naloxone, limit liability for health care providers who administer naloxone, and strengthen the state's prescription monitoring system. Gov. Dannel Malloy (D) is expected to sign it shortly.

Feds Give Up on Effort to Seize Nation's Largest Medical Marijuana Dispensary [FEATURE]

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

In a stunning victory for California's marijuana industry, federal prosecutors have agreed to end their years-long effort to close and seize Oakland's Harborside Health Center, the nation's largest dispensary with more than 100,000 patients.

Inside Harborside. (HarborsideHealthCenter.com)
Harborside broke the news with a press release Tuesday, followed up by a press conference attended by Oakland officials who have stood by the dispensary since then-US Attorney Melinda Haag went after in 2012.

The effort to shut down Harborside was part of a broader offensive against the state's medical marijuana industry. Prosecutions and threats of prosecutions forced more than 500 dispensaries to shut down, but Harborside stood firm, didn't fold, and fought hard against the federal moves to seize its properties.

"When US Attorney Melinda Haag first filed suit to seize the property Harborside is located in, I vowed we would never abandon our patients... and predicted Harborside would outlast the efforts to close us down," Harborside Executive Director Steve DeAngelo said in the statement. "Today, thanks to the deep support of our community and our elected officials, and the skill and determination of our legal counsel, that prediction has come true."

"It's a great day for Oakland and for all of California," Oakland Mayor Libby Schaaf said at the press conference. "The federal government isn't going to waste tax dollars trying to frustrate the desires of Californians to have safe access to medical cannabis."

Harborside also stood firm because it had the money to do so. The dispensary, which also operates a facility in San Jose, brings in about $25 million a year from medical marijuana sales and was able to hire the finest legal talent in attorney Henry Wykowski.

"We are gratified that the government has finally seen fit to lay down its arms against Harborside in this case," Wykowski said. "The will of the people is for medical cannabis dispensaries to operate free from federal threats of closure. We hope we are on the cusp of a policy change and that the Department of Justice will no longer target state-legal dispensaries for forfeiture."

But Harborside's success also made it an appealing target for US Attorney Haag. In July 2012, she filed a civil forfeiture action against Harborside, claiming it violated federal drug laws.

"The larger the operation, the greater the likelihood that there will be abuse of the state's medical marijuana laws, and marijuana in the hands of individuals who do not have a demonstrated medical need," Haag wrote.

Still, Harborside counted on local support, and got it in spades. In October 2012, the city of Oakland sued the federal government in a bid to block the Justice Department from seizing the dispensary's properties. The city argued that shutting down Harborside would harm its patients and force them into the black market to get their medicine.

Between then and now, Harborside won a series of legal victories that allowed it to stay open and avoid eviction, but the city's lawsuit was ultimately rejected by the 9th US Circuit Court of Appeals last August. In the meantime, though, developments at the federal level worked in Harborside's favor. In 2014, Congress approved an amendment by California Congressmen Sam Farr (D) and Dana Rohrabacher (R) that blocks the Justice Department from using federal funds to go after medical marijuana programs in states where it is legal. That amendment was reauthorized last year.

The US Attorney's Office for Northern California has not commented on the decision to drop the case, but the different federal landscape most likely played a key role.

Oakland politicians praised the move.

"Today's decision by the U.S. attorney is a victory for health care access," said Rep. Barbara Lee (D-Calif.), who represents Oakland and pressed for the DOJ to drop the case against Harborside. "For decades, Harborside has helped ensure members of our community can access their medicine. It's past time for the federal government to stop standing between these patients and their medicine."

"Harborside Health Center has been a strong positive presence in Oakland, both for the patients they serve, the workers they employ, and for the vital public services that are supported by their tax revenues," said Oakland City Councilmember Rebecca Kaplan. "I am glad that Oakland's work on the federal case helped keep Harborside open during this dispute, and heartened to know that the threat against them is now removed."

The federal war on medical marijuana in California appears to be ending with a whimper, not a bang.

Oakland, CA
United States

Chronicle AM: VT Legalization Bill Killed, Feds End Harborside Action, More... (5/3/16)

Marijuana legalization is dead in Vermont this year, Tennessee cuts repeat pot possession penalties, the German health minister says medical marijuana is coming early next year, and more.

There is no joy in Montpelier after the House killed marijuana legalization.
Marijuana Policy

Tennessee Reduces Repeat Marijuana Possession Penalties. Gov. Bill Haslam (R) has signed into law House Bill 1478, which eliminates a provision in state law that makes a third conviction for pot possession a felony. Instead of facing one to six years in state prison, third offenders will now face up to a year in jail.

Vermont House Votes Down Pot Legalization Bill. The House voted 121-28 today to kill the marijuana legalization bill passed by the Senate in February. While Senate Bill 241 is dead, the House continues to work on a proposal to expand decriminalization from one ounce to two and to allow individuals to grow up to two plants. Stay tuned.

Medical Marijuana

Feds End Attempt to Shut Down, Seize California's Harborside Dispensaries. Federal prosecutors have reached a "historic agreement" with Harborside to end their efforts to seize the Oakland and San Jose dispensaries for violating federal drug laws. In return, Harborside agrees not to pursue further legal action against the federal government. "We are gratified that the government has finally seen fit to lay down its arms against Harborside in this case," said Harborside attorney Henry Wykowski. "The will of the people is for medical cannabis dispensaries to operate free from federal threats of closure. We hope we are on the cusp of a policy change and that the Department of Justice will no longer target state-legal dispensaries for forfeiture."

Illinois Medical Marijuana Board Okays New Health Conditions. The board voted Monday to add ten qualifying conditions for medical marijuana use. Among them were PTSD and chronic pain, which were rejected earlier this year by Gov. Bruce Rauner (R). The board members also said they doubted the conditions would be approved and complained that Rauner's standards for approving new conditions are too strict.

Harm Reduction

North Carolina Needle Exchange Bill Filed. State Sen. Stan Bingham (R-Guilford County) has introduced Senate Bill 794, which would allow needle exchanges to operate legally in the state. The bill is set for committee assignment sometime this week.

International

German Health Minister Says Medical Marijuana Coming Early Next Year. Health Minister Hermann Groehe said Tuesday that the country will legalize medical marijuana early next year. "Our goal is that seriously ill patients are treated in the best possible way," Groehe said, adding that he will present draft legislation to the cabinet Wednesday.

Chronicle AM: ME to Vote on Legalization, AK "Pot Cafes," AL Passes CBD MedMJ, More... (5/2/16)

Lots of Maine news today, Alaska could see "pot cafes," a New Hampshire asset forfeiture bill gets gutted under police pressure, and more.

Coming to Maine?
Marijuana Policy

Alaska Marijuana Draft Regulations Include Pot Cafes. Alaska could become the first legalization state to actually allow social marijuana smoking in designated businesses. The state's Marijuana Control Board has crafted draft regs that would allow users to toke up inside retail stores. The draft regs are now awaiting public comment. While "public" marijuana use is banned, the regs create an exemption for retail stores to seek an "onsite consumption endorsement" to their licenses. Stores with that endorsement could then set aside an area for people to consume marijuana.

California GOP Opposes AUMA Legalization Initiative. The state Republican Party voted at its convention over the weekend to oppose the Adult Use of Marijuana Act (AUMA) marijuana legalization initiative. "We must not turn this plague loose on our children and the people of California," said Sen. Jim Nielsen (R-Gerber, who also called marijuana an "entry-level" drug that leads to addiction. California Democrats have endorsed the initiative.

It's Official: Maine Will Vote on Legalization in November The final obstacle to a popular vote was removed last Friday, when state legislators punted on their chance to act on the citizen legalization initiative, opting instead to send the question to the voters instead. Earlier, the Campaign to Regulate Marijuana Like Alcohol, which organized the state's legalization initiative had to go to the courts to force recalcitrant state officials to properly count all the signatures, and they did so.

Vermont House Takes Up Marijuana Legalization Today. The House is considering legalization today, albeit in a roundabout fashion. One House committee rejected the legalization measure, Senate Bill 241, while another amended it to legalize possession and personal cultivation, but not regulated, legal marijuana commerce. The Senate responded by pasting SB 241 into another bill, House Bill 858, which the House is considering today. Stay tuned!

Medical Marijuana

Alabama Passes CBD Medical Marijuana Bill. Both houses of the legislature have now approved "Leni's Law," which would allow people with seizure disorders or other debilitating medical conditions to use CBD cannabis oil to treat their ailments. Gov. Robert Bentley (R) is expected to sign the bill into law.

Connecticut Medical Marijuana Expansion Bill Passes Legislature. A bill that would allow children with certain debilitating medical conditions to use medical marijuana has passed out of the legislature after a final Senate vote last Friday. Gov. Dannel Malloy (D) is expected to sign House Bill 5450 into law.

New Hampshire's First Dispensary Opens. The Sanctuary Alternative Treatment Center opened in Plymouth last Saturday. It's the first dispensary in the state to open for business. It only took nearly three years after the state's medical marijuana law was approved for this to happen.

Asset Forfeiture

New Hampshire Asset Forfeiture Bill Scaled Back Under Police Pressure. The state Senate last Thursday stripped a provision from an asset forfeiture reform bill that would have directed funds seized by police to the state's general fund rather than to the agency that seized them. The move came after police chiefs said not letting them keep the goodies would "handcuff" them.

Oklahoma Governor Signs Asset Forfeiture Reform Bill. Gov. Mary Fallin (R) last Thursday signed into law a bill that will allow people whose property is subject to asset forfeiture to recover attorney fees when they challenge the seizures. The new law goes into effect November 1.

Drug Policy

Maine Decriminalizes Drug Possession, Moves to Adopt Pre-Arrest Diversion Program. Last Thursday, a bill that would make simple drug possession a misdemeanor instead of a felony passed into law without the signature of Tea Party Gov. Paul LePage. The bill, LD 1554, decriminalizes the possession of up to 200 milligrams of heroin. Earlier this month, the legislature also approved a bill that would fund Law Enforcement Assisted Diversion (LEAD) programs, which have proven successful in Seattle and other cities.

Harm Reduction

Maine Legislature Overrides Governor's Veto of Overdose Reversal Drug Bill. The legislature voted last Friday to override gubernatorial vetoes of LD 1457 and LD 1552, which would allow access to naloxone without a prescription and provide public funding for needle exchange, respectively. Gov. Paul Le Page had claimed "naloxone does not save lives, it merely extends them until the next overdose" and complained that the $70 cost would not be repaid.

International

Canada Supreme Court Throws Out Mandatory Minimums for Drug Traffickers. In a decision last Friday, the high court ruled mandatory minimums for repeat drug offenders are unconstitutional. The case is R. v. Lloyd.

Video Killed the Drug Conviction: Chicago Narcs Busted Lying Through Their Teeth [FEATURE]

Part 10 of an occasional series on police and prosecutorial misconduct by Clarence Walker, cwalkerinvestigate@gmail.com.

It was just another marijuana bust by Chicago's crack dope squad and should have resulted in an easy conviction, but thanks to a forgotten camera, things didn't exactly work out the way the cops planned. Now, the pot dealer is free, he has a bunch of cash in pocket, and it's the cops who are facing justice.

It went down on June 6, 2013, when three Chicago Police narcotics officer and a pair of suburban Glenview police officers pulled over Joseph Sperling on the pretext that he had failed to properly use his turn signal, then claimed Sperling told them there were drugs in his vehicle. The cops said they found marijuana in plain view and arrested Sperling on marijuana possession and distribution charges. Business as usual, so far.

But when it came time to go to court the following March, things went south for the cops. Prosecutors had been questioning Chicago PD narcotics officer William Pruente, who said in sworn testimony that when police pulled over Sperling they immediately smelled marijuana and ordered him to exit the vehicle and stand at the rear of the car.

Then, defense attorney Steven Goldman asked the veteran narc if Sperling was handcuffed after he got out of the car.

"No, he was not handcuffed," Pruente replied. "He was not under arrest at that time."

Chicago narcotic officers Sergeant James Padar and Vince Morgan and Glenview Police officers James Horn and Sergeant Theresa Urbanowski backed up Pruente's story.

Then, as Urbanowski was testifying, defense attorney Goldman dropped a bombshell. He interrupted the testimony to inform Judge Catherine Haberkorn that he needed to offer a videotape into evidence.

In a moment of courtroom drama like something out of "Law and Order," Goldman revealed that the video came from Urbanowski's police cruiser and that it flatly contradicted the sworn testimony of the police officers. The police had been lying to the court and to the judge and the video would prove it, Goldman said.

As Goldman patiently took Urbanowski back over the events she'd testified about, he played the recording and asked her to describe the difference between her original testimony and what was happening on the tape.

The footage contradicted the testimony of the police officers. Pruente had testified that Sperling had not been arrested or handcuffed until the cops had found the dope in plain view, but the video showed Pruente walking up to Sperling's car, reaching in the open window, unlocking the door, pulling Sperling out, handcuffing him, and placing him in the back seat of a patrol car. Only then did the officers move to search the car.

The video clearly showed the officers spending minutes thoroughly searching Sperling's car before finding weed and a small amount of psychedelic mushrooms in a black duffel bag.

As defense attorney Goldman noted during questioning, if the drugs had really been in plain view on the front seat of the vehicle, the officers had no need or reason to search it because they already had the drugs.

The brazen distance between the officers' testimony and what the video revealed infuriated Judge Haberkorn, who immediately granted Goldman's motion to suppress the evidence because the video showed police had neither probable cause to arrest Sperling nor a warrant to search his vehicle.

"This is very outrageous conduct," Haberkorn said from the bench. "All the officers lied on the stand today. All their testimony is a lie. There is strong evidence it was a conspiracy to lie in this case, for everyone to come up with the same lie."

Haberkorn then dismissed the criminal charges against Sperling.

"If this could happen to me, it could happen to anyone," said Sperling, then 23, during a press conference with reporters after the release of his videotaped arrest. "I just happen to be one of the lucky few that had a video that proved the officers were wrong."

The Cook County criminal justice system may have been done with Sperling, but he wasn't done with it. Shortly after the charges were dismissed, he filed a federal civil rights lawsuit alleging illegal search and seizure against the Chicago and Glenview police departments. And he won. The two cities involved settled the suit, paying Sperling $195,000 for his troubles.

Others who have been similarly victimized could do the same. Under the US Code Section 1983, citizens are allowed to sue police in federal court as a result of an illegal search and arrest if the officer acted with malice "under color of law."

In Sperling's case, attorney John Loevy argued in the lawsuit that there was insufficient legal justification for officers to stop and arrest Sperling and search his vehicle, which was done without probable cause. Those illegal actions violated Sperling's civil rights under the Fourth, Fifth, and Fourteenth amendments, as prescribed under Section 18 US Code 242. The argument was strong enough to force the cities to settle.

Cook County State's Attorney Anita Alvarez (twitter.com)
Former Houston Police homicide and narcotic gang investigator Rick Moreno told Drug War Chronicle the officers lied to protect an informant when they could simply have gone by the book and done their bust right.

"Once those officers had all the information about this guy having dope in his car they needed a warrant," Moreno explained.

But the narcs plotted a scheme disguised as a routine traffic stop to avoid having to obtain one.

"What they've done in this case was a 'wall off' technique." Moreno said, referring to a strategy most narcotic officers use to put a wall between the officer and the information provided by a snitch. And if everything goes as planned, the officer gets the dope without a warrant, they got the dope dealer and the snitch is protected."

"The biggest casualty in the war on drugs is the truth," said Chicago civil attorney Jon Loevy, who represented Sperling in his civil rights lawsuit.

"The ends justify the means," said criminal defense attorney Goldman, explaining the attitudes that drove the cops to lie on the stand. "So because they get the bad guy off the street or the drugs out of their hands, everybody's happy."

Well, not everybody, not when the lies are so blatant they cannot be ignored. The Cook County criminal justice system wasn't done with the cops caught lying on the witness stand. Sgt. Urbanowski's camera had caught them red-handed, and four of them were indicted by a Cook County grand jury on perjury, obstruction of justice, and official misconduct charges in June 2015. They all face up to five years in prison on each count. The three Chicago police officers were immediately suspended, and the Glenview police officer was later fired. Their trials got underway this week.

"The foundation of our criminal justice system rests on the concept of truthful testimony," said Cook County States' Attorney Anita Alvarez in a press statement announcing the indictments. "We expect it from our witnesses and we demand it from our police officers."

The criminal charges filed against the officers made headlines across the state and constituted another black mark against the much criticized Chicago Police Department. But the buzz around the courthouse was not just over the charges, but whether they would lead to the dismissal of other drug cases in which the charged cops were involved.

Calls to the Cook County prosecutor's office regarding whether the four indicted officers would be investigated for perjury or illegal tactics in previous drug cases have not been returned.

While Sperling won $195,000 in damages from his illegal search and seizure lawsuit, legal experts say such victories are rare. Defendants usually don't pursue such suits due to lack of funds, and if a case involving a bad search is dismissed, most defendants are just relieved the case is over and they no longer face charges, said Penn State University law professor David Rudovsky, a leading civil rights and criminal defense attorney and author of The Law of Arrest, Search, and Seizure.

Penn State law professor David Rudovsky (law.penn.edu)
Rudovsky told Drug War Chronicle there is also another reason such lawsuits are rare.

"Why would a jury award money for damages to a criminal already proven to have committed a crime?" he asked rhetorically.

Police perjury is nothing new -- the practice has even generated its own nickname, "testilying" -- but the Sperling case has renewed debate over why law enforcers resort to breaking the law.

"Police perjury in court to justify illegal dope searches is commonplace," wrote former San Francisco police commissioner Peter Keane in a much-cited article on the topic.

"I've heard some police officers say in a social setting, 'If [the defendant] is going to lie to beat the case, why can't I lie too?" Cook County Public Defender, and former prosecutor Abishi Cunningham Jr. related.

"When police lie to make a case on someone they are saying the criminal justice system doesn't work... so I'm going to do it my way," Houston civil and criminal attorney Annie Briscoe told the Chronicle.

Briscoe recalled a drug case involving police illegal search where police recovered a sizeable amount of drugs from a client of hers. Houston police claimed he resembled a fugitive they were looking for. With her client facing up to life in prison, Briscoe convinced the trial judge to throw out the charge because of illegal search and seizure through the simple expedient of showing the judge a photo of the fugitive, who looked nothing like her client.

While the judge called Briscoe's client "one lucky guy," Briscoe had a slightly different take.

"The law should be enforceable by way of truth," she said.

Police are also incentivized by the war on drugs to cut corners so they can reap monetary rewards, whether through asset forfeiture or by earning federal anti-drug grants through aggressive enforcement actions. And each bust makes their numbers look better.

As NYPD Officer Adil Polanco once revealed through a surfeit of honesty, "Our primary job is not to assist anybody, our primary job is to get those numbers and come back with them. You have to write somebody, arrest somebody, even if the crime is not committed, the number is there."

Yes, there are numerous reasons cops lie. But none of them justify the lying, or the corrosive effect such behavior has on public trust and respect for law enforcement. These Chicago police officers are about to find out just how seriously the system takes such dishonesty, especially when it is so blatant the system can't pretend it doesn't see it.

Chicago, IL
United States

Medical Marijuana Update

The DEA approves a PTSD medical marijuana study, a Senate committee votes to rein in the DEA on medical marijuana, a Utah poll has very strong support for medical marijuana, and more.

National

Last week, the Senate Appropriations Committee voted to prevent the DEA from undermining state medical marijuana laws. The committee voted 21-8 to approve an amendment offered by Senator Mikulski (D-MD) to protect state medical marijuana laws from federal interference by the Department of Justice and Drug Enforcement Administration. After decades of inactivity on marijuana reform, Congress has moved at lightning pace to advance marijuana reform in recent years. Last week the Senate Appropriations Committee voted to allow Veterans Administration doctors to recommend marijuana. The Committee approved similar amendments last year as well as an amendment to allow state-legalized marijuana businesses to access banks and other financial services. The Mikulski amendment is expected to pass the full Senate as well as the House. Similar amendments were passed by Congress last year and the year before.

Last week, DEA approved a Colorado-funded study on marijuana and PTSD. It's the first time the agency has given permission to use raw marijuana in a controlled clinical trial for PTSD. Enrollment in the study could begin as early as next month. The study is one of nine funded by historic grants from the Colorado Health Department, which are in turn funded by medical and legal marijuana fees and tax revenues.

Connecticut

Last week, the House approved medical marijuana for kids. The House voted overwhelmingly last week to expand the state's four-year-old medical marijuana program to include children. The bill also includes a provision to create a Board of Physicians to review requests for new ailments to be added the list of qualifying conditions, which currently lists 17 diseases or syndromes. The bill now goes to the state Senate.

Iowa

On Monday, a href="http://globegazette.com/news/iowa/gop-medical-cannabis-plan-voted-down/article_f665abe6-90a0-58d9-b756-fed6c88a88d8.html" target="_blank">a CBD medical marijuana expansion bill was killed. A Republican-backed bill to expand the number of ailments for which Iowans could use CBD cannabis oil was defeated in the House Monday. Democrats said the proposal did not go far enough, while some Republicans objected to any effort to legalize marijuana, medicinal or otherwise. The bill was defeated 61-36.

Montana

On Monday, the state Supreme Court delayed enforcement of its medical marijuana rollback. The state high court said it will delay enforcement of its February ruling dramatically rolling back the state's medical marijuana program. The court said its ruling would now not go into effect until August 31. Montana activists and medical marijuana industry spokesman have said the rollback would force the closure of dispensaries and leave patients in the lurch. Supporters are also working on an initiative campaign to put a revamped medical marijuana system before the voters in November.

Utah

On Wednesday, a new poll found strong support for medical marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.

Chronicle AM: NH Decrim Back From the Dead, 4/20 MJ Sales Topped $37.5 Million, More... (4/27/16)

Americans spent a lot of money on weed for 4/20, Dana Rohrabacher endorses California's AUMU pot legalization initiative, New Hampshire decrim rises from the dead, and more.

Marijuana Policy

4/20 Pot Sales Hit $37.5 Million. Americans spent more than $37.5 million on legal marijuana purchases on the 4/20 stoner holiday, according to MJ Freeway, a global cannabis business seed-to-sale tracking software provider. That's up by more than 30% over 2015.

Conservative GOP Congressman Endorses California's AUMA Legalization Initiative. Rep. Dana Rohrabacher (R-Costa Mesa) has announced his support for the Adult Use of Marijuana Act (AUMA) legalization initiative. "As a Republican who believes in individual freedom, limited government and states' rights, I believe that it's time for California to lead the nation and create a safe, legal system for the responsible adult use of marijuana," said Rohrabacher. He is the second California congressman to endorse the initiative. Rep. Ted Lieu (D-Torrance) announced his support last week.

Michigan House Approves Marijuana Drugged Driving Study Bill. The House voted 107-1 Tuesday to approve House Bill 5024, which would create a commission to research and recommend a threshold for THC that would establish evidence of impaired driving. The bill now goes to the Senate.

New Hampshire Decriminalization Reemerges. The decriminalization bill had been killed, but the House Criminal Justice and Public Safety Committee voted 12-7 Tuesday to bring decrim back to life. The committee voted to amend Senate Bill 498, which deals with discretion in sentencing, to make possession of up to a quarter ounce of marijuana a civil infraction instead of a misdemeanor. The bill will come before the House next month.

Medical Marijuana

Utah Poll Finds Strong Support for Medical Marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.

Law Enforcement

Family of Florida Man Slain in Marijuana Raid Awarded $500,000. The family of Derek Cruice, who was shot in the face and killed during a small-time marijuana raid in Deltona, Florida, in March 2015, will receive $500,000 in a settlement from Volusia County. Cruice was unarmed when he was shot in his living room by a Deltona police officer. The officer was never charged with a crime.

International

Israeli Police Won't Stop Busting People for Marijuana. Even though a former police commissioner has called for the country's police to reexamine their approach to marijuana in the face of increasing acceptance of its use, police aren't taking up the suggestion. Instead, police have decided that "enforcement policies should continue as they are." One police officer said he needed to be able to bust drug users in order to get at dealers.

Chronicle AM: CT Opioids Bill Passes House, CA Drug Sentence Reduction Bill Killed, More... (4/26/16)

DC marijuana activists scored a White House meeting, Montana medical marijuana patients catch a temporary break, hemp states could be protected from federal interference, Canada just says no to decrim ahead of pot legalization next year, and more.

A Connecticut bill would provide broader access to the opioid overdose reversal drug naloxone. (wikimedia.org)
Marijuana Policy

White House Staffers Meet With DC Marijuana Activists. Adam Eidinger and Nikolas Schiller of the DC Cannabis Campaign met with White House staffers Monday and urged them to commit the administration to a marijuana policy summit at the White House. They didn't get any answers from the staffers, but Eidinger said they did get "a lot of nods, a lot of smiles."

Nebraska and Oklahoma Try Again to Derail Colorado's Pot Legalization. After being turned away by the US Supreme Court in their bid to overturn marijuana legalization in Colorado, the two neighboring states have asked to be added to another case at the US 10th Circuit Court of Appeals in Denver brought by opponents of legalization. The case consolidates two separate lawsuits brought by a group of county sheriffs and the owners of a rural property, and now, Nebraska and Oklahoma hope it will include them, too.

Medical Marijuana

Iowa CBD Medical Marijuana Expansion Bill Killed. A Republican-backed bill to expand the number of ailments for which Iowans could use CBD cannabis oil was defeated in the House Monday. Democrats said the proposal did not go far enough, while some Republicans objected to any effort to legalize marijuana, medicinal or otherwise. The bill was defeated 61-36.

Montana Supreme Court Delays Enforcement of Medical Marijuana Rollback. The state high court said it will delay enforcement of its February ruling dramatically rolling back the state's medical marijuana program. The court said its ruling would now not go into effect until August 31. Montana activists and medical marijuana industry spokesman have said the rollback would force the closure of dispensaries and leave patients in the lurch. Supporters are also working on an initiative campaign to put a revamped medical marijuana system before the voters in November.

Hemp

Senate Committee Approves Amendment to Block Federal Interference With Hemp. Sens. Jeff Merkley (D-OR) and Ron Wyden (D-OR) offered an amendment to the Senate Commerce, Justice, and Science appropriations bill that would prevent the federal government from interfering with implementation of state hemp laws, and the Appropriations Committee passed it last Friday. More than half the states have laws allowing farmers to cultivate hemp, but they faced the prospect of the DEA taking action against them. That will end if the amendment survives the rest of the appropriations process.

Heroin and Prescription Opioids

Connecticut House Passes Comprehensive Opioid Bill. The House Monday unanimously approved House Bill 5053, which would widen access to the overdose reversal drug naloxone, put a seven-day cap on first-time opioid prescriptions, strengthen the prescription monitoring program, provide a release from liability for Good Samaritans who administer naloxone, and add staffing for emergency medical care and the Alcohol and Drug Policy Council. The bill now goes to the Senate.

Sentencing

California Bill to Reduce Drug Sentences Fails. A bill to repeal sentencing enhancements for certain drug offenses died in the Senate Monday after some senators warned that it would favor drug dealers. The measure, Senate Bill 966, filed by Sen. Holly Mitchell (D-Los Angeles), would have repealed a law that adds three years in prison for people convicted of drug distribution offenses if they have previously been convicted on similar charges. All Republican members voted against it, as did three Democrats, while five more Democrats abstained. The bill lost 18-16.

International

Canada Will Not Decriminalize Marijuana Possession Ahead of Legalization. The Liberal government has made it clear that it will not move to end marijuana possession arrests ahead of its push to legalize marijuana, which it said it will undertake next year. "The current provisions of the CDSA [Controlled Drugs and Substances Act] regarding marijuana will remain in place until they are replaced by new legislation that will legalize and strictly regulate marijuana, Ian McLeod, a spokesperson for the Ministry of Justice, said. "Marijuana will not be decriminalized prior to legalization."

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