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Chronicle AM: Poll Finds More Republicans Want to Legalize Pot Than Not, More... (7/22/16)

It's one of those all-weed news days, with Republicans reaching the tipping point on marijuana legalization, Canadian provincial leaders demanding quick action on legalization, and more. 

Marijuana Policy 

Poll Finds For First Time More Republicans Support Marijuana Legalization Than Oppose It. A new YouGov.com survey has support for legalization nationwide at 55%, in line with other recent polls, but also finds that for the first time, more Republicans support ending pot prohibition than continuing it. Among GOP voters, 45% favored legalization and 42% were opposed. As recently as January 2014, 60% of Republicans opposed legalization. The shift comes not because Republicans are warming to marijuana, but because they trying to suppress it is a waste of money, YouGov pollster Peter Moore said. "The most interesting thing about this is, literally, that the Republican attitude towards marijuana itself hasn't changed that much. The only thing that's changed is the attitude toward prohibition."

Medical Marijuana

Guam Lawmakers Reject Proposed Medical Marijuana Rules. Lawmakers Wednesday unanimously passed a measure to reject the health department's latest draft of proposed rules and regulations as too strict. The move came after stakeholders and the public raised concerns about the latest draft. "They have stated that this set of rules and regulations will not be beneficial to patients for a number of reasons, including the high fees and strict layers of regulations," Sen. Tina Muna Barnes told her fellow lawmakers during the session.

Illinois Judge Orders State to Reconsider Rejecting Medical Marijuana for Migraines. Cook County Circuit Court Associate Judge Rita Novak has overturned the Department of Public Health's denial of a petition to add migraines to the list of conditions for which medical marijuana can be recommended. That doesn't mean that migraines will necessarily be added to the list, but the department must now reconsider its decision.

International

Canadian Provincial Premiers Call for Quick Action on Marijuana Legalization. Meeting in Whitehorse, Yukon, provincial heads of government called on the federal government to move quickly on legalizing marijuana. The premiers said they wanted to avoid a situation of patchwork enforcement and distribution across the country. The Liberal federal government has said it will legalize marijuana and has recently created a task force to do so.

Chronicle AM: House Passes Opioid Bill Without $$, CA Drug Felonies Plummet, More... (7/11/16)

California felony drug arrests are down, Colombian coca production is up, the Arizona marijuana legalization initiative is trailing in a new poll, Congress moves toward final passage of the Comprehensive Addiction and Recovery Act, but there's a fight over funding, and more.

The House passes the Comprehensive Addiction and Recovery Act, but spurns efforts to pay for it. (wikimedia.org)
Marijuana Policy

Arizona Poll Has Legalization Initiative Trailing. A new poll from O.H. Predictive Insights has the legalization initiative sponsored by the Arizona Campaign to Regulate Marijuana Like Alcohol losing on election day. The poll found 52.5% opposed, with only 39% in favor. The initiative has not yet officially qualified for the ballot, but is expected to after supporters handed in 100,000 more signatures than needed, providing plenty of cushion for invalidated signatures. The campaign does have significant resources; it looks like it will need them to turn the numbers around.

Arizona Supreme Court Rules Mere Smell of Marijuana is Grounds for Search, Even Though It's a Medical Marijuana State. The state's high court ruled Monday that the mere smell of marijuana is sufficient grounds to obtain a search warrant, even though the state has legalized medical marijuana. But the court also held that the legal foundation for such a search can go up in smoke if police have evidence the suspected marijuana use or possession is legal under state law. The case is State v. Sisco.

North Dakota Legalization Initiative Campaign Comes Up Short. North Dakotans will not be voting on marijuana legalization this fall. Sponsors of the initiative conceded Monday they only had about 10,000 signatures, and they needed 13,452 valid signatures to qualify. Monday was the deadline for turning in signatures.

Medical Marijuana

Illinois Medical Marijuana Sales Continue Climbing. The state saw $2.57 million in medical marijuana sales in June, up from $2.3 million in May, according to figures from the state Department of Agriculture. Sales total $13.8 million since the first dispensaries started operating last November. The numbers should increase even further once two new qualifying conditions -- PTSD and terminal illness -- come on line. They've already been approved, but the Department of Health is in the midst of preparing new rules and application forms.

North Dakota Medical Marijuana Initiative Campaign Hands in Signatures. The North Dakotans for Compassionate Care campaign handed in some 15,500 raw signatures for its medical marijuana initiative Monday, the last day for handing them in. The campaign needs 13,452 valid voter signatures to qualify, so there is very little cushion for invalidated signatures. Stay tuned.

Heroin and Prescription Opioids

House Approves Comprehensive Addiction and Recovery Act, But Without Requested Funding. The House last Friday gave final approval to S. 524, the Comprehensive Addiction and Recovery Act (CARA), but beat back Democratic efforts to provide additional funding for it. The Obama administration had asked for $1.1 billion, and House Democrats tried in vain last week to $925 million in funding. The White House has suggested it may veto the bill if no extra funding is attached. House Republicans said funding was available elsewhere. The measure is a conference committee compromise, with the Senate set to give final approval this week.

Sentencing

California Drug Felony Arrests Plummet in Wake of Prop 47. What happens when you change drug felonies to misdemeanors? Drug felonies plummet. Felony drug arrests in California dropped between 68% and 73% between 2014 and 2015 according to new data from the California Attorney General. Marijuana felonies followed a similar curve, dropping from 13,300 in 2014 to 8,856 last year. On the other hand, misdemeanor drug arrests nearly doubled, from 92,469 in 2014 to 163,073 last year.

International

Poll Finds Majority of British MPs Favor Medical Marijuana. Some 58% of British MPs back the use of medical marijuana, according to the polling firm Populus. Only 27% were opposed. Support was strongest among Scottish National Party MPs (88%), followed by Labor (60%), and even 55% of Tories were on board.

Colombia Coca Boom Underway. The UN Office on Drugs and Crime reported last Thursday that coca cultivation had increased by 39% last year and nearly doubled since 2013. Some observers speculate that it reflects coca growers' belief that this could be the last chance to grow the cash crop before a peace deal between the government and the leftist guerrillas of the FARC takes hold. Colombia government officials said the largest increases in cultivation are in areas controlled by the FARC.

Chronicle AM: MA Init Passes Two Hurdles, Feds Ease Docs' Buprenorphine Limits, More... (7/6/16)

It's a two-fer for Bay State legalizers today, the feds move to ease the opioid problem, Italy's top anti-Mafia and anti-terrorism prosecutor comes out for marijuana legalization, and more.

It looks like they will be voting on marijuana legalization in Boston in November. (regulatemassachusetts.org)
Marijuana Policy

Massachusetts Legalization Initiative Turns in Final Batch of Signatures. The Campaign to Regulate Marijuana Like Alcohol Tuesday handed in some 25,000 signatures to comply with a final signature gathering requirement before its legalization initiative can appear on the November ballot. Proponents only need 10,971 valid voter signatures for the measure to qualify for the ballot. The campaign already successfully completed a larger signature gathering campaign in the spring, but had to do a second round under state law after the legislature refused to act on the initiative petition.

Massachusetts Supreme Court Okays Legalization Initiative for Ballot… With Changes. The state's Supreme Judicial Court Wednesday ruled that the legalization initiative from the Massachusetts Campaign to Regulate Marijuana Like Alcohol can appear on the November ballot. But the court also massaged the language of the title -- changing it from "Marijuana Legalization" to "Legalization, Regulation, and Taxation of Marijuana" -- and the summary language that will appear on the ballot. The new summary reads as follows: "A YES VOTE would allow persons 21 and older to possess, use, and transfer marijuana and products containing marijuana concentrate (including edible products) and to cultivate marijuana, all in limited amounts, and would provide for the regulation and taxation of commercial sale of marijuana and marijuana products." (Changes highlighted in bold).

Heroin and Prescription Opioids

Feds Raise Patient Limits for Buprenorphine Docs. The US Department of Health and Human Services (HHS) has nearly tripled the number of opioid-addicted patients who can be prescribed buprenorphine by a single doctor. Under old rules, doctors were limited to treating 100 patients; now, the cap has been set at 275. The drug is used to help wean people off heroin and prescription opioids.

International

Italy's Anti-Mafia Prosecutor Says Legalize "Soft Drugs." As the Italian parliament prepares to take up marijuana legalization later this month, the country's top anti-Mafia and anti-terrorism prosecutor, Franco Roberti, has endorsed the proposal, calling for the legalization of "soft drugs" as a means of redirecting police resources and weakening the finances of terrorist groups. Under prohibition, he said, "cannabis production is one of the main financing sources of terrorists. If we want to give a blow to the Mafia and the Taliban, we must remove this extraordinary financing channel from illegality."

Bolivia's Coca Crop is Under Control, UN Says. Bolivia has brought the number of acres under coca cultivation down to 50,500, the UN Office on Drugs and Crime reported Tuesday. Since farmers are allowed to plant 50,000 acres to supply the country's traditional and industrial coca market, that means that only 1% of production is destined for the illicit market. Cocaine continues to be exported through Bolivia, the agency said, but it coming from Peru.

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: CA Will Vote on Legalization, Veterans' MedMJ Fight Not Over Yet, More... (6/29/16)

That nation's most populous state will vote on marijuana legalization in November, federal legislators keep fighting for medical marijuana access for veterans, a New Jersey needle exchange bill nears passage, the ACLU goes after the Border Patrol for abuses at interior check points, and more.

Marijuana Policy

It's Official -- California Will Vote on Marijuana Legalization in November. A broadly-backed initiative to legalize marijuana in the country's most populous state will be on the California ballot in November. The secretary of state's office made it official Tuesday afternoon, certifying that a random sample of more than 600,000 signatures turned in showed there were enough valid signatures to qualify the measure. "Today marks a fresh start for California, as we prepare to replace the costly, harmful and ineffective system of prohibition with a safe, legal and responsible adult-use marijuana system that gets it right and completely pays for itself," said Jason Kinney, spokesperson for the Adult Use of Marijuana Act (AUMA).

Medical Marijuana

Eleven Lawmakers Ask House and Senate Leadership to Restore Medical Marijuana Language in VA Bill. The move comes 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.

Illinois Judge Orders State to ADD PTSD to 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."

Los Angeles County Extends Ban on Medical Marijuana in Unincorporated Areas. County supervisors voted Tuesday 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.

Harm Reduction

New Jersey Needle Exchange Bill Nears Passage. The Senate Monday gave final approval to a bill that would allow localities across the state to enact needle exchange programs. The Assembly is expected to approve changes in the Senate version of the bill Thursday. The measure, Assembly Bill 415, would then await the signature of Gov. Chris Christie (R) to become law. The state enacted a law allowing pilot needle exchange programs a decade ago.

Law Enforcement

ACLU Accuses Border Patrol of Wrongful Detentions, Seizures The ACLU of Arizona Tuesday filed a formal complaint with the Department of Homeland Security and its constituent agency, US Customs and Border Protection, demanding an investigation into "abuses arising from Border Patrol interior operations." "At the same time the Justice Department and the Obama administration are rightly urging local police to adopt 'best practices' -- ending racial profiling, collecting stop data, and curbing police militarization and asset forfeiture abuses -- we see the nation's largest law enforcement agency, CBP, rejecting those commonsense reforms," said James Lyall, a staff attorney with the ACLU. "The federal government is effectively saying, 'Do as I say, not as I do,' which leaves Border Patrol free to target citizens and non-citizens alike with these increasingly extreme and abusive practices."

Chronicle AM: Obama Commutes More Drug Sentences, Majority for Legalization in New Poll, More... (6/6/16)

President Obama keeps chipping away at the federal drug prisoner population, Weldon Angelos finally goes free, yet another poll has a national majority for marijuana legalization, the new Filipino president encourages vigilante violence against drug dealers, and more.

President Obama has commuted another 42 drug sentences, including 20 lifers. (whitehouse.gov)
Marijuana Policy

Another National Poll Has Majority Support for Legalization, Near Unanimous Support for Medical Marijuana. A Quinnipiac University poll released Monday has support for marijuana legalization at 54%, with 41% opposed. That's in line with a bevy of polls in the past couple of years showing majority support for legalization. The new Quinnipiac poll also had support for medical marijuana at 89%, with only 9% opposed, and 87% support for allowed Veterans Administration doctors to recommend it to vets with PTSD.

Anti-Legalization Forces Seek Backing of Rightist Casino Billionaire. The anti-reform group Smart Approaches to Marijuana, led by Kevin Sabet, is seeking funding from Nevada casino billionaire Sheldon Adelson, who contributed millions of dollars to defeat a medical marijuana initiative in Florida in 2014. Adelson is also a major funder of Republican presidential candidates, having spent $15 million supporting Newt Gingrich in 2012.

Massachusetts Supreme Court to Hear Challenges to Legalization Initiative. The high court is set to hear two challenges Wednesday to the legalization initiative from the Campaign to Regulate Marijuana Like Alcohol. One challenge alleges that organizers have misled voters about its ramifications and claims it would allow for the sale of GMO marijuana, while the other challenge says the words "marijuana legalization" in the initiative's title are misleading because it doesn't legalize it for people under 21.

Medical Marijuana

Montana Initiative Coming Up on Signature Deadline. Backers of Initiative 182, which seeks to restore the state's medical marijuana program demolished by the legislature in 2011, say they have some 30,000 raw signatures as a June 17 deadline draws near. They need 24,000 valid signatures to qualify. Initiative watchers generally assume as many as 30% of gathered signatures could be invalidated. If that were the case right now in Montana, the initiative would not make the ballot.

Drug Testing

Michigan Supreme Court to Hear Case of Mother Jailed for Refusing Drug Test in Son's Juvenile Case. The state's high court will hear the case of Kelly Michelle Dorsey, who was jailed for contempt of court in 2012 for refusing to take a drug test in a case involving her minor son, because the son was under the court's jurisdiction, not Dorsey. An appeals court held that forcing mothers to submit to drug tests in such cases was unconstitutional, but upheld a finding a contempt of court for her refusal. Now, the state Supreme Court is set to weigh in.

Sentencing

Obama Commutes Sentences for 42 More Drug Offenders, Including 20 Lifers. President Obama last Friday added another 42 names to the ever growing list of federal drug prisoners whose sentences he has commuted. That brings to 348 the number of commutations Obama has handed out, more than the last seven presidents combined. For a list of names of the newly commuted, go here.

Mandatory Minimum Sentencing Poster Child Weldon Angelos Freed After 12 Years. The Salt Lake City rap and hip hop label owner and small-time pot dealer was sentenced to 55 years in federal prison because he carried a pistol strapped to his ankle during marijuana deals. Now he is a free man after prosecutors moved to cut his sentence.

New Hampshire GOP Senator Wants to Jack Up Mandatory Minimums for Fentanyl. Sen. Kelly Ayotte (R-NH) is planning to offer an amendment to the National Defense Authorization Act this week that would vastly increase mandatory minimums for fentanyl. Currently, it takes 100 grams of a mixture containing fentanyl to garner a five-year mandatory minimum; under Ayotte's proposal, it would only take half a gram. The Drug Policy Alliance and Families Against Mandatory Minimums are among those opposing the move.

International

Israeli Security Minister Opposes Marijuana Decriminalization. Public Security Minister Gilad Erdan said Sunday he opposes such a move because it could increase traffic accidents and police have no way of preventing drugged drivers from getting behind the wheel. He also said that policies were already lax and the decriminalization would amount to legalization. Opposition from Erdan and Health Minister Yaakov Litzman has delayed a vote on a decriminalization bill that was supposed to take place Sunday.

Philippines President Encourages People to Kill Drug Dealers. President Rodrigo Duterte used a televised speech Saturday night to encourage citizens to shoot and kill drug dealers who resist arrest. "Please feel free to call us, the police, or do it yourself if you have the gun -- you have my support," adding, "Shoot him and I'll give you a medal." He also threatened to kill drug addicts. Duterte, the former mayor of Davao City, was reputed to have been involved with death squad killings. Apparently some Filipino voters wanted to hear that or didn't mind, since they just elected him president.

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: VT Legalization Bill Hits Bump, MedMJ Bills Killed in NE, SC, More... (4/8/16)

A Vermont House committee has changed the tax and regulate marijuana legalization bill into a two-plant cultivation decriminalization bill, medical marijuana bills get snuffed in Nebraska and South Carolina, interest in asset forfeiture reform continues, and more.

Marijuana Policy

DEA to Review Marijuana Classification. The DEA will decide whether to reclassify marijuana "in the first half of 2016," the agency said in a letter to US senators. The agency was responding to a 2015 letter from Sen. Elizabeth Warren (D-MA) and seven other Democratic senators, who urged the federal government to make it easier to study marijuana 's medical benefits. Marijuana is currently placed in Schedule I, along with heroin and LSD, as a drug with a high abuse potential and no medical uses.

California Report Calls for Strict Rules on Growers, Drivers. The Public Policy Institute of California has released a report calling for tight regulatory oversight of legal marijuana cultivation, sales, and distribution as well as highlighting the need to ensure that drivers are not impaired. "California should err on the side of more restrictive regulation," said report co-author Patrick Murphy. But California NORML disagrees, saying that "restrictive regulations will only divert business to California's robust unregulated gray market."

Maine Court Rules in Favor of Legalization Initiative on Signatures Issue. A Kennebec County Superior Court judge ruled Friday that the state may have improperly invalidated thousands of petition signatures because it rejected petitions without actually reviewing all of them. The secretary of state's office must now review all the disputed petitions and place the measure on the November ballot if it finds enough signatures were gathered. The state had invalidated more than 17,000 voter signatures because it said the notary's signatures on the petitions didn't match the signature it had on file. That was enough to disqualify the initiative.

Vermont House Committee Changes Legalization Bill to Cultivation Decrim Bill. The House Judiciary Committee Wednesday dramatically rewrote Senate Bill 241, turning the tax and regulate legalization bill into one that would only decriminalize the cultivation of up to two marijuana plants. Committee Chair Rep. Maxine Grad (D-Moretown) said it became clear that she didn't have the votes to pass the Senate version. If the new House version passes, it would have to be reconciled with the Senate version. The Senate legalization bill had no provision for home cultivation.

Medical Marijuana

Nebraska Medical Marijuana Bill Killed. The bill, LB 643, failed Tuesday night when it was filibustered on the second round of consideration and sponsor Sen. Tommy Garrett (D-Bellevue) fell three votes short of ending the filibuster.

South Carolina Senate Committee Kills Medical Marijuana Bill. The Senate Medical Affairs Committee voted 7-4 Thursday to kill Senate Bill 672, the Medical Marijuana Program Act. "This is a bad idea. It's a pathway to recreational usage," said Sen. Mike Fair (R-Greenville).

Asset Forfeiture

Alaska House Committee Rewrites Asset Forfeiture Bill. The House Judiciary Committee has approved a stripped-down civil asset forfeiture bill. The originally broad-ranging bill has now been reduced to only abolishing non-criminal forfeitures, and now heads to the House Finance Committee. The Judiciary Committee said it will work on a broader reform bill for the next session, but wanted to get something passed this year.

Delaware Bill to End Civil Asset Forfeiture Filed. A bipartisan group of legislators Wednesday filed a bill to end civil asset forfeiture in the state. "In America, the government should not be able to take your property unless they can prove you did something wrong," Sen. Colin Bonini, (R-Dover) said at a news conference.

Nebraska Asset Forfeiture Bill Stays Alive. A bill to restrict property seizures from people not convicted of a crime has won second-round approval after lawmakers amended it to address law enforcement concerns. The amendments will allow state law enforcement agencies to continue to participate in the Justice Department's Equitable Sharing program, which allows local police to end-run state laws that direct seized funds into the general fund or other specified funds. Under the federal program, the feds keep 20% and the local agency gets 80%. The bill is LB 1106.

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