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Chronicle AM: At Least Four States Voting on MedMJ, Filipino Prez Could Face ICC, More... (8/25/16)

Michigan legalizers lose a court battle, Oklahoma medical marijuana advocates look to be heading for the ballot box, the 10th Circuit rules that having license plates from marijuana states is not sufficient reason for a stop and search, and more.

Medical marijuana will be on the ballot in at least four states. (Creative Commons/Wikimedia)
Marijuana Policy

Michigan Legalizers Lose Court Bid to Get on Ballot. The backers of the MI Legalize legalization initiative have struck out in court in their bid to get their measure on this year's ballot. The group had collected some 354,000 signatures, well above the 220,00 required, but more than 200,000 of the signatures were gathered outside a 180-day window that the State Board of Canvassers was the only time signatures could be considered. The campaign argued that the 180-day rule was unconstitutional and unfair, but the state Court of Claims ruled Wednesday that the Board of Canvassers was correct. The campaign says it will appeal to the state Supreme Court, but the election clock is ticking and time is running out.

Medical Marijuana

These Four States Will Definitely Be Voting on Medical Marijuana in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.

Arkansas Prohibitionists Go to Court to Block Medical Marijuana Initiative. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.

Oklahoma Medical Marijuana Initiative Has Enough Signatures, But Is Not on the Ballot Yet. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.

Incarceration

Report Finds Women Increasingly Jailed for Drug Offenses. A new report from the Vera Institute for Justice finds that the arrest rate for drug possession for women tripled between 1980 and 2009 and that 29% of women in jails were there for drug offenses. Two-thirds of those women are black or Hispanic, and nearly 80% are mothers, largely single mothers. The report called for localities to adopt cite and release policies and/or decriminalizing drug possession.

Search and Seizure

Marijuana State License Plate is No Reason for Police Stops and Searches, Fed Court Rules. In a case involving a Colorado man pulled over in Kansas, the 10th US Circuit Court of Appeals has ruled that police violated his constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source." Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana. "It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

International

Philippines President Could Face International Tribunal Over Drug War Killings, Senator Says. President Rodrigo Duterte could be charged with crimes against humanity at the International Criminal Court (ICC) over the wave of killings of alleged drug users and sellers since he took office two months ago, according to Sen. Leila de Lima. "There are some experts who are saying that… if this spate of killings go unabated and unchecked, it could reach that point that the ICC could send a prosecutor to our country and investigate all these for possible prosecution under the Rome Statute," she was quoted saying. "This is not a joke. The last thing we need right now is for our dear president to be subjected to an investigation by an international tribunal like the International Criminal Court. I am not threatening the president. I am just stating a fact," she added.

License Plate from a Marijuana State? That's No Reason to Stop and Search, Fed Court Says

Drivers from pot-friendly West Coast states have long complained of "license plate profiling," claiming state troopers more interested in drug interdiction than traffic safety perch like vultures along the nation's east-west interstate highways pull them over on pretextual traffic stops -- going 71 in a 70 mph zone, failing to wait two full seconds after signaling before making a lane change, weaving within a lane -- because their plates make them suspected marijuana traffickers.

Since Colorado blossomed as a medical marijuana state around 2008 (and ever more so since it legalized weed in 2012), drivers bearing the state's license plates have been complaining of getting the same treatment. The practice is so common and well-known along the I-80 corridor in Nebraska that Omaha lawyers advertise about it.

Now, one Colorado driver has managed to get something done about it. Peter Vasquez sued a pair of Kansas Highway Patrol officers over a stop and search on I-70 that turned up no drugs and resulted in no arrest, and on Tuesday, a federal appeals court vindicated him.

On a 2-1 vote, the 10th US Circuit Court of Appeals in Denver ruled that the two troopers violated Vasquez's constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source."

Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana.

"It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

And the troopers didn't really have much other basis for suspicion, the court noted. The troopers said their basis was that Vasquez was driving alone, at night, on a "drug corridor," from "a known drug source area," he had a blanket and a pillow in his car, the blanket might have obscured something, and he seemed nervous.

"Such conduct, taken together, is hardly suspicious, nor is it unusual," Lucero noted.

Vasquez was originally pulled over because the troopers "could not read Vasquez's temporary tag," and when that issue was dealt with, they issued him a warning ticket. What the law required, the court said, was that the troopers then end their contact with him and allow him to go on his way.

But instead, they asked him to submit to a search of his vehicle, and he declined. They then detained him for 15 minutes until a drug dog could be summoned -- another drug war tactic the US Supreme Court deemed unconstitutional in April. The drug dog found nothing, and Vasquez was then released.

The troopers may have been done with Vasquez, but he wasn't done with them or what he saw as their unlawful conduct. He filed a civil lawsuit against the two troopers, Richard Jimerson and Dax Lewis, for violating his 4th Amendment right against unreasonable searches and seizures.

The case had been thrown out in federal district court, but Tuesday's decision revives it. It also sets legal precedent for the entire 10th Circuit, meaning that cops in Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming can't pull you over and search you just because you have a pot-state license plate.

Kansas officials say they plan to appeal to the 10th Circuit's full bench, though, but for now, at least, it's the law.

Denver, CO
United States

Medical Marijuana Update

The federal courts remind the Justice Department that Congress passed a law barring it from using federal funds to go after state-legal medical marijuana operations, Maryland takes a step toward getting its industry up and running, California balks at a medical marijuana grower tax, and more.

National

On Tuesday, a federal appeals court blocked the Department of Justice from going after medical marijuana in states where it is legal. The 9th US Circuit Court of Appeals ruled that the Justice Department can't spend money to prosecute federal marijuana cases if the defendants are in compliance with state laws permitting medical marijuana production and sales. The ruling upholds the Farr-Rohrabacher amendment, passed by Congress in 2014, which prohibits the spending of appropriated funds to interfere in medical marijuana states. That amendment "prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws," the court said.

California

Last Friday, a medical marijuana tax bill died in committee. A bill that would have imposed a tax on commercial medical marijuana growers has been killed in the Senate Appropriations Committee. Assembly Bill 2243 would have imposed a tax of up to $9.25 per ounce of marijuana buds, $2.75 for pot leaves, and $1.25 for immature pot plants. The panel killed the bill after patient advocates said it would impose a burden on patients.

Maryland

On Tuesday, the state named medical marijuana growers and processors. The state Medical Cannabis Commission has awarded preliminary licenses to 20 companies to grow and process medical marijuana and has named the companies selected. The licenses were actually awarded on August 5, but the commission did not reveal the names of the licensees until Monday, so state officials could conduct background checks and review financial records.

New Mexico

On Wednesday, a patient's mom and a marijuana growers sued over the state's medical marijuana shortage. The mother of an infant suffering from a rare form of epilepsy has joined with a state-legal grower to sue the Department of Health over restrictive rules they say are harming patients by making it impossible for producers to supply patients with the medicine they need.

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

Chronicle AM: CA Forfeiture Bill Advances, 9th Circuit Blocks DOJ MedMj Meddling, More... (8/16/16)

California is moving to reform its civil asset forfeiture system, a federal court has told the Justice Department it can't spend funds to prosecute state-compliant medical marijuana businesses, and more.

The federal courts have sent a strong signal to the DOJ when it comes to medical marijuana states: Butt out! (Creative Commons)
Medical Marijuana

Federal Appeals Court Blocks DOJ From Going After Medical Marijuana in States Where It Is Legal. The 9th US Circuit Court of Appeals ruled Tuesday that the Justice Department can't spend money to prosecute federal marijuana cases if the defendants are in compliance with state laws permitting medical marijuana production and sales. The ruling upholds the Farr-Rohrabacher amendment, passed by Congress in 2014, which prohibits the spending of appropriated funds to interfere in medical marijuana states. That amendment "prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws," the court said.

Maryland Names Medical Marijuana Growers and Processors. The state Medical Cannabis Commission has awarded preliminary licenses to 20 companies to grow and process medical marijuana and has named the companies selected. The licenses were actually awarded on August 5, but the commission did not reveal the names of the licensees until Monday, so state officials could conduct background checks and review financial records.

Asset Forfeiture

Bipartisan Asset Forfeiture Reform Bill Passes California Assembly. Civil asset forfeiture reform legislation authored by Senator Holly Mitchell (D-Los Angeles) and David Hadley (R-Torrance) passed the Assembly Floor by a 67-7 vote Tuesday. The bill has already passed the Senate, but must now go back for a concurrence vote. The The bill will require that in all cases where law enforcement seize cash under $40,000, that there be a conviction in the underlying criminal case, before that money flows to law enforcement coffers. The same protection would be afforded homes, land, and vehicles, regardless of value. Under current law, there is not such protection for cases sent into the federal system, and the current threshold for cash in state law is $25,000, established in 1994. The measure is Senate Bill 443.

Chronicle AM: Jamaica Airport Pot Shops Coming, AZ Legalizers Hand in Signatures, More... (6/30/16)

Arizona marijuana legalization advocates turned in signatures today, Massachusetts legalizers filed a campaign complaint against a police chief, Canada takes its first step toward legalization, Jamaica wants airport pot shops, and more.

Good times are coming to Jamaica. (wikimedia.org)
Marijuana Policy

Arizona Legalization Campaign Hands in 200,000 Signatures. The Arizona Campaign to Regulate Marijuana Like Alcohol Thursday handed in more than 200,000 signatures in a bid to get its legalization initiative on the November ballot. The campaign needs 150,000 valid voter signatures to qualify. Given that petition drives typically end up with 20%-30% of signatures deemed invalid, this is going to be a nail-biter. If 20% of signatures are invalid, it qualifies; if 30% are invalid; it fails to qualify.

Arizona Legalization Would Bring in Tens of Millions in Tax Revenues. A new report from the Joint Legislative Budget Committee estimates that legalization would be a half-billion a year market in the state and would generate $82 million a year in revenues for the state from taxes and fees.

Massachusetts Legalization Campaign Files Campaign Finance Complaint Against Police Chief. The Massachusetts Campaign to Regulate Marijuana Like Alcohol Thursday filed a complaint against Walpole Police Chief John Carmichael with the Office of Campaign and Political Finance. The complaint says Carmichael appeared at an event by campaign opponents dressed in police uniform, during working hours, and had arrived in a work vehicle. Under state campaign law, appointed officials may not promote or oppose ballot questions during working hours or use public resources to do so.

Law Enforcement

Texas Man Facing Murder Trial in Cop's Death During Botched Drug Raid Says Friendly Fire Killed Him. Marvin Louis Guy, the Waco homeowner who has been jailed on capital murder charges ever since the May 2014 raid in which Officer Charles Dinwiddie was killed, has filed a federal civil rights complaints charging that Dinwiddie was actually killed by fellow officers as they fired a hail of bullets into his home. The raiders were serving a "no knock" search warrant looking for cocaine; they found none. Guy admitted firing a weapon through his window as the police attempt to break his door down "put me in fear of me and my family's safety," but said that his were not the fatal shots. He is seeking the dismissal of the murder charge and monetary damages.

International

Canada Announces Launch of Marijuana Legalization Task Force. The federal government has taken a first step toward implementing marijuana legalization by announcing the formation of a task force to draft legalization legislation. The government expects to have a bill ready to go by next spring. Over the next four months, the task force will consult with provincial, local, and indigenous governments, as well as youth and experts in healthcare, criminal justice, economics, industry, and law enforcement. It will also talk with companies that have experience in the sale, production, and distribution of the herb.

Jamaica Wants Airport Pot Shops for Tourists. The island nation's Cannabis Licensing Authority is drafting plans for marijuana shops that would allow tourists to buy up to two ounces of weed at airports as they enter the country. People from abroad who are medical marijuana patients could buy ganja without any further ado, but others would have to be licensed by workers at the airport shops.

Medical Marijuana Update

The fight over veterans' access to medical marijuana continues, an Illinois judge tells the state to quit messing around and recognize PTSD, a fired Oregon medical marijuana users wins his job back, and more.

National

On Tuesday, eleven lawmakers asked the House and Senate leadership to restore medical marijuana language in the VA bill. The move came after language allowing VA docs to recommend medical marijuana passed both the House and Senate only to be mysteriously dropped in conference committee. "We feel the failure of the Conferees to include either provision is a drastic misfortune for veterans and is contrary to the will of both chambers as demonstrated by the strong bipartisan support for these provisions," the supporters wrote to congressional leaders on Tuesday. Among the signatories were Rep. Earl Blumenauer (D-OR) and Sens. Steve Daines (R-MT) and Jeff Merkley (D-OR). Other signatories to the letter, all Democrats, include Sens. Kirsten Gillibrand of New York, Barbara Boxer of California, Cory Booker of New Jersey, Tammy Baldwin of Wisconsin, Ron Wyden of Oregon, and Reps. Jared Polis of Colorado, Dina Titus of Nevada and Ruben Gallego of Arizona.

California

On Tuesday, Los Angeles County extended its ban on medical marijuana in unincorporated areas. County supervisors voted to extend by a year a temporary ban on medical marijuana cultivation and distribution in unincorporated areas. The county enacted a 45-day ban earlier this year and then extended it by another month before now extending it for another year. County planning officials said the ban was needed as they study how to regulate medical marijuana, but advocates retorted that the supervisors should concentrate on actually regulating the industry, not on extending bans.

Illinois

On Tuesday, a judge ordered the state to add PTSD to the medical marijuana list. A Cook County judge has ordered the state Department of Public Health to add post-traumatic stress disorder (PTSD) to the list of diseases eligible to be treated with medical marijuana. The sternly worded ruling also said the department's director, Niray Shah, an appointee of Republican Gov. Bruce Rauner, had engaged in a "constitutionally inappropriate private investigation" before deciding to rule against adding PTSD after the medical marijuana advisory board had recommended adding it. The court accused Shah of applying his own standard of medical evidence that "appears nowhere in the Act or the department's rules" and "was contrary to the plain language of the department's rules."

Montana

On Monday, the US Supreme Court refused to hear an appeal from medical marijuana supportersl. The nation's high court refused to hear a challenge to a state law that limits medical marijuana providers to selling it to no more than three patients. In refusing to hear the case, the high court let stand a Montana Supreme Court decision upholding most of a state law that effectively overturned a 2004 voter-approved medical marijuana initiative. New restrictions are now set to go into effect on August 31.

New Mexico

Last Wednesday, the state auditor bemoaned delays in processing ID cards. The state auditor and the attorney general are investigating a backlog of medical marijuana ID card applications as requests for the cards surge. The state has 30 days to issue the issue the cards, but the Department of Health said it is taking 45-50 days, and the auditor's office said it had complaints of wait times of up to 90 days.

Oregon

Last Wednesday, a worker fired for medical marijuana use won his job back. An arbitrator has ordered Lane County to reinstate a worker it fired because he used medical marijuana to deal with the side effects of cancer treatment and it has ordered the county to give him nearly $22,000 in back pay. Michael Hirsh had been employed as a senior programmer for the county before he was fired in December after two employees reported smelling pot smoke on his clothing.

Pennsylvania

Last Friday, state official finished drafting temporary medical marijuana regulations. State health officials announced last Friday that they had completed drafting temporary regs that will allow child patients to use medical marijuana products from outside the state while the state's program is being set up. Applications should be available at the health department's website sometime next month.

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

Chronicle AM: Supremes Open Door to More Lawless Searches, CA Dems Endorse AUMA, More... (6/20/16)

The Supreme Court hands down a pair of rulings supporting law enforcement powers, the California and Arizona marijuana legalization efforts gain powerful endorsements, the feds give up on trying to bust Fedex for shipping prescription pills, and more.

Marijuana Policy

Arizona Congressman Endorses Legalization Initiative. US Congressman Ruben Gallegos (D-Phoenix) announced Monday that he is endorsing the legalization initiative from the Arizona Campaign to Regulate Marijuana Like Alcohol. "Forcing sales of this plant into the underground market has resulted in billions of dollars flowing into the hands of drug cartels and other criminals," Rep. Gallegos said. "We will be far better off if we shift the production and sale of marijuana to taxpaying Arizona businesses subject to strict regulations. It will also allow the state to direct law enforcement resources toward reducing violence and other more serious crimes."

California Democratic Party Endorses Legalization Initiative. Meeting in Long Beach over the weekend, the executive committee of the state Democratic Party voted to endorse the Adult Use of Marijuana Act (AUMA). The initiative would legalize the possession of up to an ounce of weed, allow limited personal cultivation, and allow regulated commercial cultivation and sales.

Colorado Health Department Reports No Increase in Youth Use. Marijuana use among high school students in the state has not increased since legalization, the Health Department reported Monday. The report was based on a statewide student survey. It found that 21% of students had reported using marijuana, in line with earlier figures from the state and below the national average of nearly 22%.

Medical Marijuana

Congressional Pot Fans, Foes Work Together on New Research Bill. Legalization opponent Rep. Andy Harris (R-MD) is joining forces with Congress's "top legal pot advocate," Rep. Earl Blumenauer (D-OR) to file a bill to overhaul federal policies on marijuana research. The bill would make it easier for scientists to conduct research on the medical use of marijuana. It hasn't been filed yet, but is expected this week.

Arkansas Initiative Campaign Hands in Signatures. Supporters of the Arkansans for Compassionate Care medical marijuana initiative handed in more than 110,000 raw signatures to state officials in Little Rock Monday. The initiative only needs some 67,000 valid voter signatures to qualify for the November ballot. If as many as 30% of the signatures are found invalid, organizers would still have enough signatures to qualify.

Asset Forfeiture

Oklahoma Governor Delays Using Card Readers to Seize Money. In the wake of a furious outcry over the Highway Patrol's recent use of ERAD card-reading devices to seize money from debit and credit cards, Gov. Mary Fallin (R) last Friday directed the secretary of safety and secure to delay using the the card-readers until the state can develop a clear policy for their use.

Law Enforcement

Supreme Court Opens Door to More Lawless Police Searches. In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the weight of the federal criminal justice system to come down on small-time criminals whose cases would normally be the purview of local authorities on the other. Taken together, the decisions show a high court that once again give great deference to the demands of law enforcement.

Feds Drop Drug Trafficking Case Against Fedex. Federal prosecutors in San Francisco last Friday suddenly moved to drop all criminal charges against the delivery service, which they had accused of knowingly delivering illegal prescription drugs. In court, presiding Judge Charley Breyer said the company was "factually innocent" and that the DEA had failed to provide it with the names of customers who were shipping illegal drugs. "The dismissal is an act, in the court's view, entirely consistent with the government's overarching obligation to seek justice even at the expense of some embarrassment," Breyr said, according to a transcript of the hearing.

Supreme Court Opens Door for More Lawless Police Searches [FEATURE]

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

In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.

The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the weight of the federal criminal justice system to come down on small-time criminals whose cases would normally be the purview of local authorities on the other. Taken together, the decisions show a high court that once again give great deference to the demands of law enforcement.

In the first case, Utah v. Strieff, the Supreme Court held that evidence obtained from the illegal stop of Strieff should not be thrown out under the exclusionary rule, which requires that illegally seized be suppressed as "fruit of the poisonous tree." The exclusionary rule, which dates back to 1920 and values the rule of law even at the expense of seeing a guilty suspect go free, has long been a bane of judicial conservatives, who have been trying to chip away at it since at least the 1980s.

In Strieff, a Salt Lake City police officer investigating possible drug activity at a residence stopped Strieff without "reasonable cause" after he exited the home. During his encounter with Strieff, the police officer found that he was wanted on a traffic warrant, arrested him, then searched him subsequent to arrest. The police officer found methamphetamine and drug paraphernalia, then charged him with drug and paraphernalia possession.

Strieff argued to suppress the evidence, arguing that it was derived from an unlawful investigatory stop. He lost at the trial and appeals court levels, but the Utah Supreme Court overturned his conviction, holding that an exception to the exclusionary rule known as the "attenuation doctrine" did not apply. The US Supreme Court disagreed.

The attenuation doctrine holds that unlawfully obtained evidence may be used even if "the fruit of the search is tainted by the initial, unlawful detention…if the taint is dissipated by an intervening circumstance," as the Utah Supreme Court described it. In other words, if police acting in good faith violate the law and don't do it flagrantly, they should be able to use any evidence found as a result of that violation in court.

The Supreme Court divided 5-3 on the case, with Chief Justice Roberts joining justices Alito, Breyer, and Kennedy joined Justice Clarence Thomas in his majority opinion. Thomas held that the police misconduct was not bad enough to warrant suppression of the evidence and, besides, police probably aren't going to abuse their powers to do mass searches.

"[The officer's] purpose was not to conduct a suspicionless fishing expedition but was to gather information about activity inside a house whose occupants were legitimately suspected of dealing drugs," Thomas wrote. "Strieff conflates the standard for an illegal stop with the standard for flagrancy, which requires more than the mere absence of proper cause. Second, it is unlikely that the prevalence of outstanding warrants will lead to dragnet searches by police."

Even if someone is unlawfully detained, evidence obtained from them can be used in court, the high court ruled. (wikimedia.org)
The Supreme Court's liberal minority was not nearly as sanguine. Justice Sonia Sotomayor, with Justice Ginsberg concurring, cut right to the heart of the matter:

"The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer's violation of your Fourth Amendment rights," she wrote in her dissent. "Do not be soothed by the opinion's technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants -- even if you are doing nothing wrong. If the officer discovers a warrant for a fine you forgot to pay, courts will now excuse his illegal stop and will admit into evidence anything he happens to find by searching you after arresting you on the warrant. Because the Fourth Amendment should prohibit, not permit, such misconduct, I dissent."

In the second case, Taylor v. United States, the high court upheld the ability of federal prosecutors to use federal law to prosecute people who rob drug dealers, even if the dealers are dealing only in locally-grown marijuana with no evidence of interstate sales. That 7-1 decision is in just the latest in a long line of cases upholding the ability of the federal government to regulate interstate commerce under the Constitution's "commerce clause" and to protect it from robbery or extortion under the 1951 Hobbs Act.

It was the "commerce clause" line of cases that led to the 2005 Gonzales v. Raich decision in which the Supreme Court upheld the ability of the federal government to move against marijuana cultivation and sales even in states where it is legal. In that case, the high court ruled that California medical marijuana patient Angel Raich's cultivation of marijuana plants at her home in California for her use in California implicated interstate commerce and was therefore liable to federal jurisdiction.

Even marijuana grown and sold locally implicates the Constitution's commerce clause, the court has ruled. (flickr.com)
In Taylor, Taylor was part of a Virginia gang known as the "Southwest Goonz" who targeted and robbed marijuana growers and dealers. He was charged under the Hobbs Act with two counts of "affecting commerce or attempting to do so through robbery." In his first trial, which resulted in a hung jury, Taylor offered evidence that the dealers targeted only trafficked in locally-grown marijuana. In his second trial, prosecutors convinced the court to exclude that evidence, and Taylor was convicted on both counts. The 4th US Circuit Court of Appeals affirmed that conviction, "holding that, given the aggregate effect of drug dealing on interstate commerce, the Government needed only to prove that Taylor robbed or attempted to rob a drug dealer of drugs or drug proceeds to satisfy the commerce element."

In an opinion authored by Justice Alito, the Supreme Court agreed.

"[T]he Government met its burden by introducing evidence that Taylor's gang intentionally targeted drug dealers to obtain drugs and drug proceeds," he wrote. "That evidence included information that the gang members targeted the victims because of their drug dealing activities, as well as explicit statements made during the course of the robberies that revealed their belief that drugs and money were present. Such proof is sufficient to meet the Hobbs Act's commerce element."

Only Justice Thomas dissented, arguing that the whole line of "commerce clause" cases granted too much power to the federal government.

"The Hobbs Act makes it a federal crime to commit a robbery that 'affects' 'commerce over which the United States has jurisdiction," Thomas wrote. "Under the Court's decision today, the Government can obtain a Hobbs Act conviction without proving that the defendant's robbery in fact affected interstate commerce -- or any commerce. The Court's holding creates serious constitutional problems and extends our already expansive, flawed commerce-power precedents. I would construe the Hobbs Act in accordance with constitutional limits and hold that the Act punishes a robbery only when the Government proves that the robbery itself affected interstate commerce."

Two cases, two distinct lines of legal precedent, one outcome: Drug cases continue to provide a basis for the expansion of state law enforcement power.

Washington, DC
United States

Medical Marijuana Update

In Oklahoma and Ohio, medical marijuana half-measures are being challenged by initiative campaigns, Oakland tries to create some racial equity in the industry, Maryland medical marijuana hits another delay, and more.

California

On Tuesday, Oakland passed an ordinance designed to encourage minority participation in the industry. The city council unanimously approved a medical marijuana ordinance with an "equity program" that would reserve half of the city's new cannabis permits for people who live in a designated high-crime police beat in East Oakland or were imprisoned for marijuana-related crimes in Oakland in the past 10 years. But the plan is coming under fire from industry leaders who say it may actually be counterproductive to encouraging minority participation and could undercut a pot economy expected to boom if and when the state legalizes marijuana.

Louisiana

Last Wednesday, the House passed a CBD cannabis oil expansion bill. The House approved Senate Bill 271, but because it amended it, the bill must now go back to the Senate for a final vote. Last year, legislators legalized CBD cannabis oil, but only for a handful of conditions. This bill expands those conditions to include seizure disorders. No one can currently use CBD cannabis oils because the legislature is still figuring out how to regulate them.

Maryland

On Tuesday, the Medical Cannabis Commission announced continuing delays in implementing the program. The state approved commission, which was created in April 2014 and is charged with establishing the state's medical marijuana program, says patients probably won't have access to medical marijuana until the late summer of 2017.

Missouri

Last Wednesday, the House rejected a medical marijuana bill. The House killed the bill on a 71-85 vote. That leaves an open path for a medical marijuana initiative whose supporters have handed in signatures and are awaiting confirmation that the initiative has qualified for the November ballot.

Montana

Last Thursday, medical marijuana supporters appealed to the US Supreme Court. The Montana Cannabis Industry Association filed a petition with the US Supreme Court seeking to reverse a state Supreme Court decision that guts the state's once-thriving medical marijuana industry. Petitioners argue that the state Supreme Court mistakenly held that marijuana is universally illegal under federal law and point to the Obama administration's decisions to allow states to implement their own marijuana laws.

Oklahoma

Last Friday, the governor signed a CBD cannabis bill into law. Gov. Mary Fallin (R) has signed into law a CBD cannabis oil expansion bill. Last year, the state approved the use of the oil, but only for people under 18. This bill removes that age restriction.

Last Saturday, medical marijuana advocates began an initiative signature gathering drive. CBD cannabis oil isn't enough for Oklahomans for Health, which began gathering signatures over the weekend for a full-blown medical marijuana initiative. The group has 90 days to gather 66,000 valid voter signatures to get the measure on the November ballot.

Ohio

Last Wednesday, a new poll had overwhelming support for medical marijuana. A new Quinnipiac University poll has support for medical marijuana at very high 90%. The poll comes as a restrictive medical marijuana bill is working its way through the legislature and as a medical marijuana initiative is in the signature-gathering phase. The poll also asked about support for legalization, which came in at 52%.

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

Chronicle AM: MD MedMJ Delay, Ohio's Bad "Good Samaritan" Bill, No RI Referendum, More... (5/17/16)

Another New England legislature fails to act on pot legalization, Maryland's long-awaited medical marijuana program is again delayed, Wisconsin's GOP attorney general wants all employers to drug test their workers, and more.

No medical marijuana for Maryland patients for at least another year. (flickr.com)
Marijuana Policy

Chances Fade for Rhode Island Referendum on Pot Policy. For six years, marijuana legalization bills have failed to even get a vote in the legislature. This year is no exception. There has been some talk of a non-binding referendum to plumb public sentiment on the issue, but it now looks like even that is going nowhere. "A referendum on this year's ballot is unlikely," House Speaker Nicholas Mattiello told The Providence Journal in an email Monday. "I am keeping an open mind on the issue and will continue to analyze it over the summer and fall."

Medical Marijuana

Maryland Medical Cannabis Commission Announces Continuing Delays in Implementing Program. The commission, which is charged with establishing the state's medical marijuana program, announced Tuesday yet another delay in getting the program up and running. The state approved medical marijuana more than two years ago, in April 2014, making this one of the slowest roll-outs yet. The commission now says patients probably won't have access to medical marijuana until the late summer of 2017.

Drug Testing

Wisconsin Attorney General Wants Every Workplace to Test for Prescription Drugs. Attorney General Brad Schimel (R), championing his Dose of Reality program aimed a prescription opioid use, has called on all employers in the state to institute drug testing programs. "We have 163,000 in Wisconsin abusing opiates in some manner. We need to get them help," Schimel said.

Heroin and Prescription Opioids

Ohio Legislature Considers 911 "Bad" Samaritan Law That Could Increase Overdose Deaths. As early as Wednesday, the Ohio Senate could consider a bill, House Bill 110, that was originally designed to save lives but has been amended so badly it could do more harm than good. The original bill was modeled after laws in more than 30 states known as 911 Good Samaritan laws that provide people who call 911 to report drug overdose immunity from arrest for drug possession. The Ohio bill, which some are calling a 911 "Bad" Samaritan law, was amended in committee in ways that would make people less likely to call 911; health experts warn people could die as a result. The bill would limit the number of times people could get immunity from prosecution for reporting an overdose and it requires medical providers to give patient information to police.

Law Enforcement

Texas Trucking Company Owner Asks Supreme Court to Hear Case Against DEA. The owner of trucking company whose semi was used without permission by DEA agents in a failed Zetas sting that left the driver dead wants the US Supreme Court to take up his case. Craig Patty, the owner, had filed a $6.4 million lawsuit for damages in the 2011 incident, which led to a wild shoot-out in northwest Houston. A New Orleans-based appeals court throw out his case in March; now, Patty wants it reinstated. A Patty employee working as a DEA informer took the truck to the Mexican border, then drove a load of Zetas marijuana to Houston, where DEA and local police would swoop in and make arrests, but the truck was attacked before the bust could go down.

Drug War Issues

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