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

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

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

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

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

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

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

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

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

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

Russiaville, IN
United States

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

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

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

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

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

Framed by history

 

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

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

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

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

A legacy of failure

 

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

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

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

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

A northern bias

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Medical Marijuana

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

Law Enforcement

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

Sentencing

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

International

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

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

Chronicle AM: PA MedMJ Bill Finally Moving, WA Governor Vetoes Hemp Bill, More... (3/15/16)

Rhode Island voters may get a say on pot legalization, no medical marijuana deliveries for Los Angeles, the Pennsylvania medical marijuana bill is finally moving, Colombia's high criminal court expands the parameters of decriminalization, and more.

No hemp fields for Washington state after the governor vetoed the hemp bill because...budgets. (votehemp.org)
Marijuana Policy

Rhode Island Governor Open to Legalization Referendum. Gov. Gina Raimundo (D) said today that she is open to the idea of a statewide referendum on marijuana legalization proposed by House Speaker Nicholas Mattiello (D). The referendum would be non-binding. There is "some talk at the General Assembly of maybe putting it on the ballot to ask the voters their opinion of should we do this? And I would be open to that, because I think it's a big issue and it would be good know where the voters stand," Raimundo said. The talk comes as the legislature considers pending legalization proposals.

Medical Marijuana

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

Pennsylvania Medical Marijuana Bill Moves After Long Delay. The House Monday night passed an amended version of Sen. Mike Folmer's Senate Bill 3. The vote comes 10 months after the bill passed the Senate. The bill still faces a final House vote and then must return to the Senate for its approval of the amended version.

Hemp

Washington Governor Vetoes Hemp Bill for No Good Reason. Gov. Jay Inslee (D) has vetoed Senate Bill 6206, which would have legalized industrial hemp production in the state. Inslee's reason nothing to do with the substance of the bill; he is irritated with the legislature for failing to pass a budget bill. Inslee said the hemp measure was "a worthy bill," but he couldn't sign it until "a budget agreement is reached." The bill passed the House unanimously and the Senate 48-1, so a veto override is possible.  

International

Colombian Supreme Court of Justice Rules "Addicts" Can Carry More Than "Minimum Dose" of Drugs. The high criminal court ruled that "addicts" can carry more than the legal "minimum dose" of drugs out of "necessity" without being charged with a crime. The ruling came in the case of soldier caught with 50 grams of marijuana, 2 ½ times the decriminalized amount of 20 grams. Instead of the "minimum dose," the courts will have to contend with the "supply dose," enough of the drug to meet to the user's needs. Prior to this ruling, people caught in excess of the "minimum dose" faced charges of drug possession with intent to traffic. They can still be charged that way, but now have an additional defense.

Bloody Gunfights in Mexico's Reynosa.  Prohibition-related violence flared in the Mexican border town of Reynosa, just across the Rio Grande from McAllen, Texas, Sunday, when at least nine suspected cartel gunmen died in battles with government forces. At least three separate armed clashes took place, with gunmen also setting vehicles afire and blocking roads. The operation was aimed at taking down Gulf Cartel leaders in the city, but it wasn't clear if the police and military found their targets.

 

February's Drug War Deaths

The war on drugs continues to exact a lethal toll, with drug law enforcement-related deaths occurring at a pace of just under one a week so far this year. There were three in January, and four more last month, bringing this year's toll so far to seven.

Of the February killings by police, one was of an unarmed white man, one was of an unarmed black man, and two were of armed black men. In all four cases, police shooters claimed they feared for their lives. In the cases of the three black men killed in the drug war, protests broke out after each killing. That didn't happen with the white guy, though.

The unarmed white man allegedly struggled with an arresting officer, the unarmed black man was holding a cell phone mistaken for a weapon, one armed black man was shot fleeing from police in disputed circumstances, and the other was shot by police as he wore a holstered weapon.

Where the war on drugs intersects with the American obsession with firearms possession, the bodies fall fast. None of the victims actually fired at an officer, but officers' fears of being shot impact the way they approach their duties, and the results are deadly -- even when there's not actually a real gun around.

Here's the February death toll:

On February 5, San Antonio police Officer John Lee shot and killed Antronie Scott, an unarmed black man, after an officer trying to arrest him said he mistook a cell phone in Scott's hand for a weapon. Scott, who was wanted on drug possession and weapons warrants, was being tracked by two detectives, who radioed the uniformed officer to make the arrest.

According to My San Antonio, at a press conference the following day, Police Chief William McManus explained that: "Officer Lee stated that he feared for his life when he discharged a single round" and the shooting happened "in the blink of an eye."

Audio of the incident confirms that Lee shouted, "Show me your hands!" and then shot within seconds. Lee told McManus he though Scott was holding a gun, but it turned out to be a cell phone.

There is no video of the incident because San Antonio police are not yet equipped with body cameras and the officer's dashcam had an obstructed view.

The killing sparked angry protests organized by activist Alvin Perry and Scott's family the following week.

"Just like my shirt says, 'Will I be next?' Anyone one of us could be next," said Perry. "Things like this have happened in San Antonio, but it's been swept under the rug or overlooked."

By the week after that, Scott's family had filed a federal lawsuit against Officer Lee, the police department, and the city of San Antonio. The lawsuit charges that "no reasonable police officer and/or law enforcement officer given the same or similar circumstances would have initiated such a vicious and unwarranted attack on Mr. Scott within a second of directing Mr. Scott to show his hands."

The lawsuit also cited department policy, which allows police too much discretion in use of lethal force.

Chief McManus moved to fire Officer Lee, placing him on "contemplated indefinite suspension" as the first step toward termination.

*****

On February 21, a Seattle police officer shot and killed armed black man Che Taylor, 47, after they encountered him apparently selling drugs while they conducting surveillance in the Wedgewood neighborhood.

According to the Seattle Post-Intelligencer, citing police accounts, officers spotted Taylor wearing a holstered handgun and, knowing he was barred from carrying firearms because of a past felony conviction, swooped in to arrest him as he stood beside the passenger window of a parked car. When officers tried to detain him, he allegedly refused to show his hands and lower himself to the ground as police ordered. So one officer opened fire on him.

The Seattle Police made available dashcam video of the shooting, but it does not clearly show Taylor's actions before he is shot. It does show two police officers armed with rifles approaching an apparently oblivious Taylor, who jerks his head up as they draw near, and then appears to be trying to comply with their contradictory demands -- "Hands up!" and "Get on the ground!" -- before being shot repeatedly by one of the officers.

While police said Taylor was trying to reach for his holstered handgun, the video doesn't show that. It does show the second officer opening fire on Taylor as soon as he (the officer) comes around the car, in what looks an awful lot like a summary execution.

The officer has been identified as Michael Spaulding. This wasn't his first killing. In 2013, he shot and killed a mentally ill man after slipping and falling, arguing that he no choice but to defend himself. That killing was ruled as justified by a King County inquest. The following year, he signed onto a desperate lawsuit to block Justice Department-mandated police use-of-force reforms.

The alternative weekly The Stranger consulted with several veteran police officers who criticized police for issuing contradictory demands and said that, contrary to the police account, he was complying with police orders. One, recently retired from the Kings County Sheriff's Office, who asked not to be identified had this to say:

"From the angle presented, I cannot draw any type of conclusion [about whether the shooting was justified]," he said. "If those officers had body cameras, it would be a lot easier." They were not wearing body cams.

"If they know they're dealing with a person that's armed," he said, "then you want to come in with force showing."

The way officers rush toward the car with their guns out is "standard stuff... That looks pretty textbook."

"From what I saw, he was told to get down, and he was getting down. And while he was down, I don't know what prompted them to shoot... He's getting down. But we can't tell if he's getting all the way on the ground."

"He was obeying commands," the former officer said. "And it looks like the other officer was going in to take control of him, when the officer with the rifle began to shoot."

Here's the video:

 

*****

On February 26, a Pennington County, South Dakota, sheriff's deputy shot and killed Abraham Mitchell Fryer, an unarmed white man. According to the Rapid City Journal, citing police sources, Deputy Robert Schoeberl pulled over Fryer, who was wanted on drug charges, in Rapid Valley just before midnight. Within moments, Fryer was dead, with the Journal reporting that "the shooting apparently came after the two men had fought."

Both men were transported to a local hospital, where Fryer was pronounced dead. Deputy Schoeberl was treated for unspecified injuries and released.

Police were quick to release Fryer's criminal history, calling it "extensive," and noting that he was wanted for failure to appear on marijuana possession, drug possession, and possession with intent to distribute charges in neighboring Meade County. He was also wanted by federal authorities on a weapons charge, but was unarmed at the time he was killed.

The shooting is under investigation by the state Department of Criminal Investigation, which is expected to issue a report within 30 days.

*****

On February 29, Raleigh, North Carolina, police Officer J.W. Twiddy shot and killed Akiel Denkins, an armed black man, after a foot chase. According to the Raleigh News & Observer, Twiddy was attempting to arrest Denkins on outstanding felony drug charges when Denkins took off running.

Police and witnesses agreed that the pursuit began outside a business on East Bragg Street, in a heavily African-American neighborhood, but disagreed on much else. According to a preliminary report from Police Chief Cassandra Deck-Brown, Twiddy caught up with Denkins behind a nearby house and grabbed him. As the pair struggled, Denkins allegedly pulled a handgun from his waistband and "began to move it toward Officer Twiddy," the report said.

"While still struggling with Mr. Denkins, Officer Twiddy drew his duty weapon and fired multiple shots as Mr. Denkins continued to move the firearm in his direction," the report said. "After the first shots were fired, Officer Twiddy felt Mr. Denkins' hand or arm make contact with his duty weapon. Officer Twiddy, fearing that Mr. Denkins was either going to shoot him or attempt to take his duty weapon, stepped back and fired additional shots at Mr. Denkins, who still had the firearm in his hand."

But the report clashes with accounts from witnesses. Denkins' former basketball coach, M.M. Johnson, said he talked to numerous people who were on the street when Denkins got shot.

"They said he took off running," Johnson said. "Everybody that was standing out there was talking about it. Ain't nobody said nothing about a struggle. They said he took off running and the police officer fell and started busting (shooting) because he couldn't catch him."

A preliminary autopsy report showed that Denkins was hit by four bullets -- one in his chest, one on his left forearm, one on his right upper arm, and one on his right shoulder. But the report does not say whether any of the shots came from behind.

Joe Jabari, owner of the building where the pursuit began, said he heard "a lot of people" say Denkins had been shot in the back and that he was "absolutely shocked" at the police chief's report.

"This kid came to me many times, saying, 'I wish I didn't have a felony charge because I need to change,' " he said. "He was trying, honest to God he was trying. That day, I don't know what happened. I'm not defending nobody, but some of these kids feel like they have no choice."

Denkins had previous drug convictions and was out on $10,000 secured bond after being charged in October with two counts of selling or delivering cocaine and one count of felony possession of cocaine with intent to sell or deliver. He had failed to show up for a court date, and an arrest warrant had been issued days before he was killed.

After the shooting, neighborhood residents broke into spontaneous protest, chanting "No Justice, No Peace," and later that evening, a small group gathered around "an anti-police sign with an expletive" that was hoisted on a utility pole.

Denkins' funeral last Friday was attended by more than 200 people, with "people wearing baggy jeans, red bandanas and anti-police T-shirts mingled with people wearing smart suits," as ABC News put it.

"Justice will be served whether we know it or not. Not by men, not by a judge but by the ultimate Supreme Court, Jesus Christ," said friend Aaron Cummings.

Officer Twiddy has been placed on administrative leave while the State Bureau of Investigation looks into the matter.

Chronicle AM: PR Governor Says Legalize It, WY Asset Forfeiture Reform Bill Signed, More... (3/1/16)

Puerto Rico's governor says legalize it, Wyoming's effort to felonize marijuana edibles dies, MPP rolls out its Ohio medical marijuana initiative, and more. 

Puerto Rican Gov. Alejandro Garcia Padilla (Creative Commons)
Marijuana Policy

Puerto Rico Governor Calls for Pot Legalization. Outgoing Gov. Alejandro Garcia Padilla called for marijuana legalization as he gave his last public address as governor Monday. He said doing so would lower both crime and hypocrisy. He said that at the least, legislators should approve a 2013 bill to decriminalize pot possession.

Wyoming Edibles Bill Dies as Lawmakers Tussle Over Making Possession a Felony. A Senate-passed bill, Senate File 96, that made it a felony to possess more than three ounces of marijuana edibles died Monday after failing to advance before a legislative deadline. The House Judiciary Committee last week stripped out the felony provision, but legislative squabbling left the bill dead. The bill was deemed necessary after a pair of state judges ruled that the state's marijuana laws did not apply to edibles. "There really is concern that if you overreach, you can turn activity that was lawful in one state into a felony on this side of the border, and while you may feel that’s the right way, you want to be careful before you undertake to put people in prison for that type of activity, explained Senate Majority Leader Phil Nicholas (R-Laramie). 

Medical Marijuana

MPP Rolls Out Ohio Medical Marijuana Initiative. The Marijuana Policy Project-backed Ohioans for Medical Marijuana has rolled out its proposed constitutional amendment to allow for medical marijuana. The proposal calls for 15 large-scale grow operations and an unlimited number of smaller grows, with five types of business licenses for growers, manufacturers, and retailers. Personal medical marijuana grows would not need to be licensed.

Texas Poll Shows Strong Support for Medical Marijuana. A new Texas Tegna poll suggests Texans are ready to move beyond the limited legalization of CBD cannabis oil and go for full-blown medical marijuana. The poll found that 71% supported expanding the program, with only 19% opposed.

Asset Forfeiture

Indiana Sued Over Asset Forfeiture Fund Disbursements. The Institute for Justice has sued the state to try to force it to enforce its own asset forfeiture laws. They require that proceeds from seizures go to a schools fund, but that hasn't been happening. Instead, police and prosecutors have been keeping the proceeds for themselves.

Wyoming Governor Signs Asset Forfeiture Reform Bill. Last year, Gov. Matt Mead (R) vetoed a bill that would have ended civil asset forfeiture reform, but on Monday he found an asset forfeiture bill he could get behind. Mead signed into law Senate File 46, which does not end civil asset forfeiture, but imposes tighter rules on it. Now, people whose property is seized will get a probable cause hearing within 30 days, with a judge deciding whether to proceed with forfeiture. If property owners can prove they are innocent, the state will have to reimburse their legal costs.

Harm Reduction

Oregon Legislature Unanimously Approves Opioid Overdose Reversal Drug Bill. Following in the footsteps of the House, the Senate Monday unanimously approved House Bill 4124, which allows pharmacists to dispense naloxone (Narcan®) without a prescription. The bill also expands the Prescription Drug Monitoring Program so that emergency room physicians will be able to access the database.

Law Enforcement

Judge Denies Federal Government's Motion to Unlock iPhone in Drug Case. Magistrate Judge James Orenstein in Brooklyn, New York, has denied a government motion to compel Apple to help it unlock an iPhone in a drug case. "Ultimately, the question to be answered in this matter, and in others like it across the country, is not whether the government should be able to force Apple to help it unlock a specific device; it is instead whether the All Writs Act resolves that issue and many others like it yet to come," the ruling says. "For the reasons set forth above, I conclude that it does not. The government's motion is denied." The Justice Department said it would ask Orenstein to review his decision in coming days.

International

Myanmar Christian Anti-Drug Vigilantes Retreat. The Pat Jasan movement, which had attempted to destroy opium crops in Kachin state, has abandoned its efforts after dozens of its members were attacked last week. Some 30 vigilantes were injured in grenade and gunfire attacks by unidentified assailants as they tried to clear poppy fields. 

Chronicle AM: 60% Say Legalize It in CA Poll, AK Pot Shops to Open This Fall, UT MedMj Bill Moves, More... (2/26/16)

Pot shops will come to Alaska this fall, a new poll suggest legalization will come to California this fall, a medical marijuana bill advances in Utah, the Montana Supreme Court puts the hurt on medical marijuana sales, and more. 

Opinion polls suggest marijuana is pretty well normalized in California. (Darrin Harris/Drug Policy Alliance)
Marijuana Policy

Alaska Retail Marijuana Sales to Begin This Fall. The state's Marijuana Control Board has released an updated timeline that says growing and testing licenses will be issued in June and the first retail and manufacturing facility licenses will be issued in September. Shops should open shortly after that. The Board began taking business license applications Wednesday and had 68 the first day.

New California Poll Has 60% for Legalization. A new Probolsky poll asked respondents if they would support a pot legalization initiative "likely bringing in millions in new revenues for government programs." Some 60% said they did, with only 37% opposed. Legalization was supported by all age groups except people over 65. The poll's margin of error was +/- 3.1%.

Michigan Legalization Bill Filed. State Sen. Coleman Young II (D-Detroit) has introduced Senate Bill 813, which would legalize, tax and regulate marijuana commerce in the state. The bill was filed Wednesday and referred to the Senate Judiciary Committee.   

Wyoming House Committee Strips Felony Penalty from Pot Edibles Bill. The House Judiciary Committee voted Thursday to remove language from Senate File 96 that would make possession of more than three ounces of edibles a felony. Instead, the bill now calls for increasingly stiff misdemeanor penalties for second and subsequent convictions for possessing them. The bill has already passed the Senate, so the changes will have to be thrashed out in conference committee.

Medical Marijuana

Georgia Poll Finds Strong Support for Allowing CBD Cannabis Oil Cultivation. An 11Alive News/Survey USA poll has support for growing marijuana for medical purposes at 66%, with only 23% opposed. The poll comes as the legislature is advancing a bill that would have allowed that, but had that provision stripped out in committee. The bill in question is House Bill 722.

Montana Supreme Court Radically Limits Medical Marijuana Sales. In a decision Thursday, the state's high court ruled that medical marijuana providers could be paid for their services, but limited each provider to no more than three patients, banned medical marijuana advertising, and upheld automatic reviews of physicians who recommend it to more than 25 patients. In the decision, the court largely upheld a 2011 law passed by the GOP-dominated legislature aimed at gutting the state's then free-wheeling medical marijuana program.

Utah Medical Marijuana Bill Passes Senate. The Senate voted 17-12 Thursday to approve Senate Bill 73, sponsored by Sen. Mark Madsen (R-Saratoga Springs), which would allow a medical marijuana program in the state, but now allow patients access to raw buds. The vote to approve came despite the opposition of the Mormon Church. The measure now goes to the House, where its prospects are uncertain.

Sentencing

Vera Institute of Justice Report on Jails Released. As part of its Incarceration Trends Project, Vera has released The Human Toll of Jail, which aims to raise the public perception of jail incarceration by shedding light on the everyday experiences of those who pay that toll, or work to decrease it. The report launched Wednesday with 10 stories told in interviews, video, photography, and comics journalism, including people who have been in jail and their families, a prosecutor, a public defender, a judge, and others on the frontlines of local justice systems.

International

Clashes Break Out Between Burmese Christian Anti-Drug Vigilantes and Opium Farmers. Members of the vigilante group, Pat Jasan, who had been in a stand-off with security forces near opium growing region, reported they had been ambushed by opium farmers, leaving three people injured and about 30 others taken prisoner by the farmers. Security forces had allowed the vigilantes to clear some opium fields, but they then engaged in skirmishes with farmers who have vowed to protect their crops. 

Chronicle AM: NH, NM Legalization Bills Killed, FL & WY Forfeiture Reform Advances, More... (2/15/16)

A pair of state marijuana legalization bills get defeated, a pair of state asset forfeiture reform bills advance; House Republicans want states to be able to drug test food stamp recipients, Senate Democrats want $600 million in anti-heroin funding, Mexico cartel mayhem continues, and more.

Senate Democrats want $600 million to fight the heroin and pain pill epidemic. (Chicago PD)
Marijuana Policy

New Hampshire House Kills Legalization Bill. The House voted last Thursday to kill House Bill 1694, which would have legalized the use of marijuana by adults. The House has previously passed legalization, only to see if die in the Senate. Another legalization bill, House Bill 1610, is currently before the House Criminal Justice and Public Safety Committee.

New Mexico Senate Kills Legalization Initiative Bill. The state Senate last Friday voted 24-17 to kill SJR 5, which would have placed a constitutional amendment to legalize marijuana on the November ballot. Six Senate Democrats voted "no" along with all the Republican members.

North Dakota Legalization Initiative Needs Redo. State Attorney General Wayne Stenehjem (R) said last Thursday that a legalization petition submitted the day before was flawed because it used a list of Schedule I substances that was not current. Eric Olson, who heads the sponsoring committee for the initiative, said the committee will resubmit the petition. The group has until July 11 to come up with some 13,000 valid voter signatures.

Medical Marijuana

Hawaii Lawmakers Ponder Bill That Would Allow Outdoor, Greenhouse Grows. Under the state's medical marijuana law, the Department of Health has decided that all cultivation must take place in an enclosed structure, but lawmakers say that wasn't their intent, and they are preparing a bill that would clarify that medical marijuana could be grown in the open air, in greenhouses, or in shade houses.

Massachusetts Doubles Amount of Medical Marijuana Patients Can Purchase. The Department of Public Health last Friday more than doubled the amount of medicine patients can possess after regulators said laboratories can ensure the safety of the drug. Now, patients will be able to buy up to 10 ounces of medical marijuana every two months.

Asset Forfeiture

Florida Asset Forfeiture Reform Bill Advances. A bill that would end civil forfeiture was approved by the Senate Appropriations Subcommittee on Criminal Justice last Thursday. The measure is Senate Bill 1044, sponsored by Sen. Jeff Brandes (R-St. Petersburg).

Wyoming Asset Forfeiture Reform Bill Advances. A bill that would end civil forfeiture was approved by the House Judiciary Committee last Thursday. The measure is House Bill 14. It is nearly identical to a bill that easily passed the legislature last year, only to be vetoed by Gov. Matt Meade (R). It looks like another veto showdown could be coming.

Drug Policy

London School of Economics Issues "After the Drug Wars" Report. A new report from the London School of Economics, After the Drug Wars, calls for the war on drugs to be replaced by sustainable development goals (SDGs). The report is endorsed by Colombian President Juan Manuel Santos and five Nobel Prize recipients. "The question now is not, whether to end the 'war on drugs', but what to replace its failed policies with," said Dr John Collins, coordinator of LSE IDEAS International Drug Policy Project and editor of the report. "The path to drug peace becomes clearer if we look to the SDGs as the way to address the root causes of many socioeconomic problems, one of which is problematic drug use. It is also the way to tackle the systemic causes of illicit market violence, which is often a product of and worsened by hard-line prohibitionist policies. The global priorities should be -- develop first, manage drug issues second. If states pursue prohibitionist policies in the absence of development and political integration, the result is usually instability, violence and failures on drug control goals. To be successful states must recognise that policies need to be properly sequenced. Focusing on the SDGs over counterproductive drug control goals is the way to do this."

Democrats Seek $600 Million for Emergency Heroin Bill. Just after the Senate Judiciary Committee approved the Comprehensive Addiction and Recovery Act (Senate Bill 524), Senate Democrats announced they will try to add a $600 million funding measure authored by Sen. Jeanne Shaheen (D-NH) to the bill. The measure includes funding for treatment, prevention, and recovery at the state level, as well as funding for treatment and law enforcement programs. Senate Majority Leader Mitch McConnell (R-KY) is expected to bring the Recovery Act to the Senate floor shortly.

Drug Testing

House Republicans Pushing Measure to Allow States to Drug Test Food Stamp Recipients. Rep. Robert Aderholt (R-AL), chair of the House Agricultural Appropriations Subcommittee, last Thursday unveiled a measure that would allow states the option of drug testing people who apply for the federal Supplemental Nutrition Assistance Program (SNAP) program. The Agriculture Department, which administers the program, currently says states cannot impose new requirements, such as drug testing, under the program.

Harm Reduction

Alaska Naloxone Bill One Vote Away From Passage. A bill to increase access to opioid overdose reversal drugs passed its final House committee vote last Friday and now heads for a House floor vote. The measure, Senate Bill 23, has already passed the Senate. It grants immunity for those prescribing or administering naloxone (Narcan) and allows pharmacies to legally dispense the drugs to members of the public without a prescription.

Law Enforcement

Maine Bill to Stiffen Penalties for Out of State Drug Dealers Advances. The Criminal Justice and Public Safety Committee voted mainly along party lines last Wednesday to approve LD 1541, which would increase the sentences for out of state drug dealers. The measure advanced despite criticism that it would be difficult to prove drug importation in court and that the state already sufficiently punishes drug dealers. It is being championed by Gov. Paul Le Page, who was called for the use of the guillotine to execute drug dealers, called for vigilantes to shoot drug dealers, and accused black drug dealers from New Year of impregnating white Maine girls.

International

Four Swiss Cities to Create Cannabis Club Pilot Projects. Basel, Bern, Geneva, and Zurich have agreed to launch a pilot project for cannabis clubs where consumers could use the drug. The projects are to be run over four years and will be scientifically evaluated. But they must first be approved by canton governments and the federal office of public health.

Mexican Cartel Prison Battle Leaves 49 Dead. A battle last Wednesday between Zetas cartel members and rivals from other drug gangs left 49 people dead at the Topo Chico prison near Monterrey. One inmate was killed by gunfire; the rest by being stabbed with bottles or blades or by being hit with objects. The prison has long housed Zetas, who dominate much of its interior.

Upstart Mexican Cartel Makes a Move on Tijuana. After five years of relative peace in the border town, killings are on the increase, with many of the victims described as low-level members of the city's drug trade. The uptick in violence is being blamed on the Jalisco New Generation cartel, which has been leaving messages with mutilated corpses on city streets or hanging from bridges. People were being killed at a rate of more than two a day in January, making it the most violent January since 2010. Jalisco New Generation is believed to be challenging the Sinaloa cartel, which currently dominates the Tijuana drug trade.

Chronicle AM: Historic Federal Drug Budget, 2015 CO MJ Sales Nearly $1 Billion, More... (2/10/16)

A marijuana legalizer wins a presidential election primary, Western states take up marijuana issues, the Obama administration balances demand and supply anti-drug spending in a historic first, and more.

Colorado sold nearly a billion in buds (and edibles) last year. (wikipedia.org)
Marijuana Policy

Marijuana Legalizer Wins New Hampshire Democratic Primary. Vermont Sen. Bernie Sanders (I) swept to victory in neighboring New Hampshire's Democratic election primary, defeating presumed frontrunner Hillary Clinton with 60% of the vote to Clinton's 39%. Sanders becomes the first presidential primary candidate to win a state while supporting marijuana legalization, a sign of the times.

Colorado Marijuana Sales at Almost a Billion Dollars Last Year. Medical and adult marijuana sales in the state totaled $996,184,788 last year, the Department of Revenue reported Tuesday. Those sales generated $135 million in taxes and fees for the state.

New Mexico Bill for Legalization Initiative Advances. If approved by the legislature, the measure would allow voters to vote in November on a constitutional amendment legalizing and regulating marijuana. The bill, SJR 6, sponsored by Sen. Geraldo Ortiz y Pino (D-Albuquerque), was approved by the Senate Rules Committee today.

Oregon Bill to Let Out of State Investors Join Pot Businesses Advances. The bill, House Bill 4014, removes the two-year residency requirement for license applicants included in a law passed last year by the Legislature. The measure won a committee vote today and now heads for a House floor vote.

Wyoming Decriminalization Bill Snuffed Out. A bill that would have decriminalized small-time pot possession in the Cowboy State died in the House Tuesday. The measure, House Bill 3, filed by Rep. James Byrd (D-Cheyenne) died on a 21-37 vote. This is the third straight year decrim bills have been filed and then killed in the legislature.

Drug Policy

White House Drug Budget Makes History By Equalizing Demand and Supply Funding Levels. For the first time since the creation of the Office of National Drug Control Policy (ONDCP -- the drug czar's office), the proposed federal anti-drug budget balances spending on law enforcement and interdiction (supply) with spending on treatment and prevention (demand). The White House budget request released today seeks $15.8 billion for treatment and prevention and $15.3 billion for law enforcement, domestic and overseas. "The President's 2017 Budget calls for our country's largest investment in treating and preventing substance use disorders in history," said Michael Botticelli, Director of ONDCP. "By funding public health and public safety efforts at near-identical levels, this budget demonstrates the Obama Administration’s ongoing commitment to a balanced approach to drug policy. The Budget recognizes how important it is to expand access to prevention, treatment, and recovery support services so we can prevent youth substance use, provide treatment to those in need, and sustain long-term recovery."

International

Macedonia Medical Marijuana Measure Wins Committee Vote. The parliament's Health Committee Tuesday approved an amendment to the country's drug laws that would allow for the medicinal use of marijuana. The change is being proposed by the Ministry of Health, which said: "The need to change this law comes from the requests of patients who want to have the option to use naturally derived cannabis products, under strict supervision. The amendments would allow patients to have access to strictly controlled products, improving on the current situation when some patients use unverified products without any supervision regarding the dosage," the ministry said.

New Cartel Emerges in Mexico's Michoacan. Police in Michoacan have detained a dozen people carrying banners proclaiming the emergence of a new criminal enterprise in the state. The banners announced the appearance of the New Family cartel, whose name suggests it is a successor to the Family Michoacana cartel. That gang was displaced by the Knights Templars in 2010, who were in turn displaced by armed vigilantes backed by the Mexican state in 2013. The banners announced that the New Family would "clean up" people who supported the Jalisco New Generation Cartel, which has been moving into the state. "All those who contribute to this scum will be punished," the banner reportedly proclaims.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

January Drug War Deaths: Two in Night-Time Raids, One Unarmed and Fleeing From Police

At least three people were killed by American police enforcing the war on drugs last month, including one young man who died in a late-night drug raid that netted a little more than a quarter pound of marijuana.

Two of the dead were killed in night-time drug raids. Both were allegedly armed, although in neither case is it asserted that they fired on police. In both cases, police have not mentioned -- nor have local media asked -- whether these were kick-the-door-down, SWAT-style no-knock raids.

In a country where firearm ownership is both cherished and widespread, surprise police assaults that could be mistaken for home invasions can well result in homeowners grabbing their weapons to protect themselves and their domiciles. And then getting shot dead for doing so. Was that the case in these two deaths? We will likely never know. (The homeowners sometimes shoot and kill the invading police, too, but, unlike the police, they tend to get charged with murder.)

The third case raises a different kind of issue. Here, the victim was fleeing from police and made the all-too-familiar move "toward his waist band." He also had something in his hand, but it wasn't a weapon. And now he's dead, too. An unarmed man, running away from the police, is killed they were so quick to fear for their own lives.

Here are January's drug war deaths:

  • On January 4, deputies in Louisiana's Beauregard Parish doing a night-time drug raid shot and killed Eric John Senegal, 27. They also shot and killed a dog at the house. The house was under investigation for drug activity and the deputies were serving a narcotics search warrant, according to State Police Troop D spokesman Sgt. James Anderson. Sheriff Ricky Moses later explained that the deputies "encountered an armed suspect who has been identified as Eric J. Senegal and an attacking dog which resulted in the deaths of both Mr. Senegal and the dog." The sheriff didn't say what kind of weapon Senegal had or whether the raid was a no-knock raid. The search warrant for the raid said deputies were looking for marijuana, cocaine, and illegal pills. There hasn't been any word on whether they found anything. State police have opened an investigation a A local television station's Facebook posting of a story about his death generated numerous and heated responses as the national debate over police use of force hit home for commenters.
  • On January 5, police in Ceres, California, shot and killed Albert Thompson, 28, after he fled from them at a small apartment complex. The officers were on patrol "because of prior illegal drug activity there," according a Ceres Police news release. When the police arrived, Thompson took off running, and the officers gave chase. Police said Thompson reached for something at his waist, and the officers fired, striking and killing him. Initial police reports said an "item" was found near Thompson's body. It was later revealed that the item was a hand torch. Thompson was a parolee-at-large wanted by the state Department of Corrections and Rehabilitation.
  • On January 16, West Virginia state troopers helping Elkins police execute a midnight drug search warrant shot and killed William Keith Waldron, 26, when he met them armed with a shotgun. Waldron "did wield a firearm and as a result officers did defend themselves by firing at the subject," prosecutors explained in the criminal case against one of the two other men in the home at the time of the raid. Police have not said whether the raid, which included at least seven officers, was a no-knock raid. They found a little over a quarter-pound of weed, some plastic baggies, and a scale.

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