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A Thousand March for "El Chapo" in Culiacan

As many as a thousand people marched through the streets of Culiacan, the capital of Sinaloa state, Wednesday in support of arrested Sinaloa Cartel leader Joaquin "El Chapo" Guzman.

El Chapo's supporters march in Culiacan Wednesday (www.blick.ch)

They called for his release from a Mexican prison and for him not to be extradited to the United States. Many of them said he provided employment in poor areas of the nearby Sierra Madre mountains and that his group had provided security for residents.

Many were dressed in white, holding signs with messages that included "Don't Extradite El Chapo," "We Want Chapo Freed," and "Sinaloa Supports You, Chapo."

"The government doesn't give any job opportunities," said Daniel Garcia, an unemployed 20-year-old. "The situation is, honestly, really difficult and he helps out the young people, giving them jobs."

"We support 'Chapo' Guzman because he is the one who gives us jobs and helps out in the mountains," said Pedro Ramirez, who was part of a group of 300 who had travelled from Badiraguato, a town in the Sierra Madre where Guzman was born 56 years ago.

Another demonstrator said he trusted Guzman more than any elected official.

The obvious question, of course, is how did this demonstration come about? Going back to Pablo Escobar in Colombia, drug traffickers have sought and won popular support by providing jobs, services, and facilities to communities where they operate. Mexican traffickers have done the same thing, hosting children's parties and building soccer stadiums and the like.

Was this a spontaneous outpouring of support for Sinaloa's most famous son? Or did El Chapo's buddies buy themselves a demonstration? In either case, the power of the cartels to mobilize popular support should not be underestimated.

Location: 
Culiacan
Mexico

Chronicle AM -- February 24, 2014

Marijuana politics continues to dominate the drug news, but meanwhile, the FDA has banned its first tobacco product, the DEA wants you to snitch out pain pill abusers, Delaware makes diverting a pain pill a felony -- and speaking of Delaware and diversion, someone has been diverting Oxycontin from the medical examiner's office, and more. Let's get to it:

Indian-style "bidi" cigarettes -- been banned by the FDA. (wikimedia.org)
Marijuana Policy

Bankers Still Leery Over Doing Marijuana Business. Although the federal government has issued new guidelines designed to ease their fears, financial institutions need to be convinced that they will not be prosecuted should they open accounts for marijuana businesses. "As it stands, possession or distribution of marijuana violates federal law, and banks that provide support for those activities face the risk of prosecution and assorted sanctions," said Frank Keating, president of the American Bankers Association. While he appreciates the effort by the feds, "that doesn't alter the underlying challenge for banks," he added.

Governors Not Too Keen on Legalization. The nation's governors gathered for the National Governors' Association meeting over the weekend, and they were generally not eager to follow Colorado and Washington down the path toward legalization. They worried about the kids and public safety, and Colorado Gov. John Hickenlooper (D) counseled them to go slow.

Zero Tolerance DUID Bill Introduced in California. Assemblymen Jim Frazier (D-Oakley) and Lou Correa (D-Santa Ana) have introduced a bill that would make it illegal to drive with any detectable amount of THC in one's blood. The bill is Assembly Bill 2500. Correa introduced a similar measure last year, but it was defeated.

Forty Maine Lawmakers Urge Consideration of Marijuana Legalization. On Friday, more than 40 state lawmakers in Maine co-signed a memo authored by State Representative Diane Russell that was delivered to the Appropriations & Financial Affairs Committee. The memo encouraged the committee to keep all options on the table in their upcoming financial deliberations, including potential tax revenue derived from an adult, non-medical market for marijuana. "All options should be on the table," Rep. Russell stated in the memo. "In this spirit, we propose committee members give serious consideration to the revenue options associated with legalizing, taxing and regulating cannabis for responsible adult use."

Marijuana Legalization Bill Filed in Florida. Rep. Randolph Bracy (D-Orange County) last Thursday introduced a legalization bill, House Bill 1039. No word yet on where it's headed.

Maryland Marijuana Reform Measures Get Hearings Tuesday. The Senate Judicial Proceedings Committee will hold hearings on a legalization bill and a decriminalization bill Tuesday. The legalization bill is Senate Bill 658, sponsored by Sen. Jamie Raskin (D-Montgomery). The decriminalization bill is Senate Bill 364, sponsored by Sen. Robert Zirkin (D-Baltimore).

Maryland Poll Has Plurality for Legalization. A new Washington Post poll has support for marijuana legalization at 49%, with 43% opposed. Of those opposed, 48% support decriminalization. That means support for decrim is over 70%.

Medical Marijuana

Big Majority for Medical Marijuana in Ohio. A new Quinnipiac poll has support for medical marijuana at 87% in the Buckeye State.

Utah CBD Medical Marijuana Bill Passes House Committee. A bill that would allow children with epilepsy to use high-CBD cannabis oil passed the House Law Enforcement Committee on an 8-2 vote last Thursday. House Bill 105 now heads to the House floor.

Prescription Drugs

Delaware Law Makes Taking Your Brother's Pain Pills a Felony. A bill drafted by state Attorney General Beau Biden in a bid to stop illegal prescription drug use makes it a felony for a family member or health care professional to divert prescription medications. Offenders will also be placed on a scarlet letter list, the Adult Abuse Registry. House Bill 154 was signed into law by Gov. Jack Markell (D) last week.

Law Enforcement

Missing Dope Scandal at Delaware Medical Examiner's Office. Drugs sent to the Medical Examiner's Office for testing between 2010 and 2012 have gone missing, sometimes replaced with fakes, investigators said Saturday. At least 15 drug cases have been flagged as having tainted or missing evidence, but that could just be the tip of the iceberg. Almost all of the cases involve Oxycontin. The Medical Examiner's Office has quit doing drug analysis for the time being as the investigation continues.

Jury Awards $2.3 Million to Family of Georgia Pastor Killed By Narcs. A federal jury has awarded $2.3 million to the wife of Jonathan Ayers, a Georgia pastor gunned down by plainclothes narcotics officers as he attempted to flee from them at a gas station. They were investigating a woman who had allegedly sold $50 worth of cocaine, and saw her in his car. The narcs jumped out at Ayers and he attempted to flee, slightly striking one of them. They then shot him nine times, killing him. Read Radley Balko's complete piece at the link above to get all the hideous details.

DEA Wants You to Rat Out Suspected Pain Pill Abusers. The DEA is rolling out a new text-messaging system to report illegal prescription drug use and sales. Pilot programs are underway in Philadelphia and Georgia. The federal agency is also distributing pamphlets to 1,200 Atlanta-area pharmacies to encourage the use of the reporting system.

Tobacco

FDA Bans First Tobacco Product. For the first time, the Food and Drug Administration (FDA) has used its regulatory powers to ban a tobacco product. The agency moved against "bidis," a style of cigarette from India. Banned are Sutra Bidis Red, Sutra Bidis Menthol, Sutra Bidis Red Cone, and Sutra Bidis Menthol Cone, which are manufactured by Jash International. FDA used its authority under the 2009 Family Smoking Prevention and Tobacco Control Act to ban them as "not substantially equivalent" to tobacco products sold as of February 15, 2007.

Harm Reduction

Georgia Harm Reduction Bills Moving. A 911 Good Samaritan bill (House Bill 965) and a naloxone access bill (House Bill 966) are moving in the legislature. The former passed out of the House Rules Committee Monday and is set for a floor vote tomorrow, while the later goes before the Rules Committee tomorrow. It's time to call your representatives, says Georgia Overdose Prevention.

Buffalo Police to Carry Opioid Overdose Reversal Drug. Police in Buffalo, New York, are the latest law enforcement personnel to begin carrying naloxone, the opioid overdose reversal drug, with them in a bid to reduce overdose deaths. "We've seen a nationwide epidemic of heroin overdoses. It's hitting Buffalo. It's hitting the suburbs," said Police Commissioner Daniel Derenda. "Basically, if somebody's overdosing, this could save their life."

International

Italian Harm Reductionists Call for Thorough Review of Drug Policies. The Italian Harm Reduction Association (ITARDD) issued an open letter Monday calling on politicians and the state to engage in a national dialogue about drug policy that includes harm reduction. The group also called for control over drug policy to be taken from the Anti-Drug Policy Department and be put in the hands of the health and welfare ministries.

Belgian Socialists Adopt Marijuana Legalization Plank. The Belgian socialist party SP.A (the Flemish socialist party) narrowly adopted a proposal by its Young Socialist section to legalize marijuana. The move came at the party's congress in Brussels, ahead of elections set for May 25.

Jamaica Governing Party Legislative Leader Hints Decriminalization is Coming. Leader of Government Business in the House of Representatives Phillip Paulwell signaled that decriminalization is coming to Jamaica this year. "It is my view that decriminalization of the weed will become a reality this (calendar) year, arising from the parliamentary debate and the support by the majority of the members, I believe it will be approved this year." But legalization is out of the question for now, he added.

The Capture of El Chapo: A Capo Gone, But the Trade Goes On [FEATURE]

Special to the Chronicle by Bernd Debusmann, Jr., who is currently studying for an MA in International Journalism at City University London. Prior to that, he lived and worked in his native Mexico, most of it as a full-time freelancer for Reuters TV, also contributing to Fox Latino. Earlier he worked as a reporter in New York City and as a freelance producer for the Reuters Latin American Television Desk in Washington DC, during which time he dealt with many drug trafficking stories. During 2010 and 2011 he authored the weekly Mexico Drug War Update published by this newsletter, available in our Mexican Drug War archive section.

At around 06:40 on the morning of Saturday, February 22nd, Mexican marines and police officers arrested Sinaloa Cartel boss Joaquin "El Chapo" Guzman at a condominium in the Pacific resort town of Mazatlan. Without a doubt, Guzman is the most significant organized criminal captured or killed since the current Mexican drug war began in December 2006. But what effect will his capture have on the violence in Mexico and the flow of drugs to American consumers? Not much.

El Chapo in the custody of Mexican Marines Saturday (sedena.gob.mx)
Guzman was widely regarded as the world's most powerful drug trafficker, and his aggressive organization has been a significant contributor to the violence that has gripped Mexico in recent years. This is especially true in Tijuana and Ciudad Juarez, where the Sinaloa Cartel's bloody and drawn-out takeover of the access routes to the US drug market left thousands dead over the course of a three year orgy of violence.

Since his January 2001 escape from prison, Guzman turned into a mythic figure, Mexico's answer to Osama bin Laden. For much of his administration, former president Felipe Calderon was dogged by accusations that he was protecting Guzman, and ridiculed for not being able to find him. In February 2013, the Chicago Crime Commission named him "Public Enemy #1" for his role trafficking wholesale quantities of cocaine and heroin to the city.

Given his notoriety, Guzman's successful capture is a significant PR victory for the PRI administration of President Enrique Pena Nieto, as well as for the DEA and other American law enforcement agencies. But the victory may well prove much more symbolic than strategically meaningful.

Guzman's capture does not mean an end to the Sinaloa Cartel, a long-established and sophisticated organization whose tentacles spread across the world. The cartel is often referred to as "The Federation," of which Guzman was not the only leader. In his absence, much of the organization will likely come under the control of Ismael Zambada Garcia, aka "El Mayo," a capable and intelligent career drug trafficker considered by many to have been Guzman's equal. The organization can also count on the services of Juan Jose Esparragoza Moreno, aka "El Azul," a crafty former police officer well known for serving as a peacemaker between rival criminal organizations.

Another possibility is that Guzman may well be able to continue to exercise some control over the organization from inside prison, as he did the last time he was incarcerated. Mexico's prisons are notoriously corrupt, and many drug traffickers and criminals have been able to continue to direct the day-to-day operations of their organizations in relative comfort in posh cells.

Guzman's capture is very unlikely to have an effect on the overall level of violence in Mexico, and may actually lead to an increase in more bloodshed and mayhem if the Federation were to break up into rival factions fighting to fill the vacuum. Many Mexican narco-blogs are already theorizing that Guzman was given up by members of his own organization, perhaps even El Mayo himself.

This was the case after the 2009 killing of Arturo Beltran Leyva, which led violence to spike as his underlings fought amongst themselves to fill the void. It should also be noted that Beltran Leyva's organization was considered part of the Sinaloa Cartel until a violent split with Guzman in 2008, demonstrating the fickle and fluid nature of these organizations.

Another possibility is that -- sensing an opportunity -- Sinaloa Cartel rivals such as the notoriously violent Zetas will take advantage of the arrest and go on the offensive in Sinaloa's turf. This is not without precedent. In mid-2012, the Zetas, along with elements of the Beltran-Leyva organization and the Juarez Cartel, made a push into Sinaloa-controlled territory in mountains of the Sierra Madre.

By the American government's own admission, the Sinaloa Cartel has dozens -- if not hundreds -- of distribution cells across the US, as well as Europe. Additionally, the cartel is thought to have an organized logistical network across Central and South America. Guzman's arrest leaves these networks intact, and business will continue regardless of who is in charge.

That happened after the 1993 killing of Pablo Escobar in Colombia. Despite having eliminated the world's most wanted drug trafficker of the time and leaving the Medellin Cartel in tatters, the northbound flow of cocaine continued. His organization splintered into several smaller organizations, which, while being less capable of challenging the state, were more than up to the task of keeping business going at a steady pace.

Guzman was an immensely important drug trafficker with few equals and had the blood of thousands on his hands. His freedom had become an embarrassment to the Mexican government, and his eventual downfall was inevitable. But it is unlikely to have any significant impact on the flow of drugs from and through Mexico, or on the violence that continues to plague large swathes of the country.

As long as Mexican cartels can deliver the illegal commodities that American (and European) customers want, drug trafficking organizations will continue to exist. While there are very few drug traffickers currently of the same calibre as Guzman, as long as prohibition continues there will be ruthless, violent and intelligent individuals who want to profit from it. This means that there will always be a pool of people to replace men like Guzman. Only through sensible drug laws and demand reduction can these organizations be weakened and eventually driven out of business.

Mexico's El Chapo Guzman Reportedly Captured

Reports are coming out that Joaquin "El Chapo" Guzman, the elusive head of the Sinaloa Cartel has been captured in a joint operation by US and Mexican forces.

Joaquin "El Chapo" Guzman--busted?
In a report this morning, Reuters cited "a US government source, who spoke on condition of anonymity" as saying he had been captured, with "a Mexican security source" saying it had happened in Mazatlan, a seaside city in Guzman's home state of Sinaloa.

But in Mexico City, presidential spokesman Eduardo Sanchez would say only that police have "captured an individual" whose identity has not yet been confirmed.

If they actually have El Chapo, this will be a huge victory for the government of President Enrique Pena Nieto, which, like its predecessors, has been criticized for its inability for years to track down the head of the country's most powerful drug trafficking organization.

Many, many Mexicans (and others) believe it was not the lack of ability of the government to find Guzman, but the lack of will -- that his huge narco-wealth had protected him from capture for more than a decade since he bought his way out of prison in Mexico.

Somewhere around a hundred thousand people have died in the multi-sided Mexican drug wars in which Guzman's Sinaloa Cartel battled rival drug trafficking organizations, and the cartels fought the police and the Mexican military. (Or, sometimes, the military or the police fought for the cartels, especially Guzman's Sinaloa Cartel.)

Location: 
Mexico

Chronicle AM -- February 21, 2014

Marijuana legalization in the District of Columbia hits a bump, the Epilepsy Foundation comes out for medical marijuana, India passes landmark access to pain medication legislation, and more. Let's get to it:

"Big Plans, Little Brains." Canada's criminally cretinous Trailer Park Boys fight marijuana legalization in their latest flick.
Marijuana Policy

DC's Top Lawyer Says Proposed Legalization Ordinance Can't Go to Voters. District of Columbia Attorney General Irvin Nathan issued a formal opinion yesterday saying the proposed DC marijuana legalization initiative should not go before the voters because it violates federal law. His opinion is not binding, but carries weight with the Board of Elections, which meets on the issue next Tuesday. Initiative backers are scrambling to see if they can't fix the language in question before then.

New Mexico House Approves Study of Legalization Effects. The state House late Wednesday passed a nonbinding memorial (bill) that calls for studying the effects of marijuana legalization in Colorado and Washington. Under the measure, the Legislative Finance Committee would conduct the study and report its findings later this year. The committee will be looking specifically at state revenue and agricultural production levels as well as addiction rates and the availability of law enforcement resources. The bill is House Memorial 38.

Medical Marijuana

Epilepsy Foundation Calls for Access to Medical Marijuana, Tells DEA to Back Off. "The Epilepsy Foundation supports the rights of patients and families living with seizures and epilepsy to access physician directed care, including medical marijuana. Nothing should stand in the way of patients gaining access to potentially life-saving treatment," said Epilepsy Foundation President and CEO Philip M. Gattone and Epilepsy Foundation Board of Directors Chairman Warren Lammert. "If a patient and their healthcare professionals feel that the potential benefits of medical marijuana for uncontrolled epilepsy outweigh the risks, then families need to have that legal option now -- not in five years or ten years. For people living with severe uncontrolled epilepsy, time is not on their side." The foundation said it was moved to act after getting repeated inquiries about the use of medical marijuana, especially high CBD cannabis oils. It also urged the DEA to get out of the way. Click on the link to read the press release.

New Jersey Patients Air Grievances Before Assembly Committee. Medical marijuana patients and advocates got a chance to lay out their problems with the state's medical marijuana program Thursday at a hearing of the Assembly Regulatory Oversight Committee. Click on the link to get all the details.

Maryland Medical Marijuana Program Still 18 Months Away, Official Says. Dr. Paul Davies, head of the commission set up to oversee the implementation of a medical marijuana program told lawmakers Thursday that the initiative is at least 18 months away from offering pain relief to the first patients. And that's the best-case scenario.

Harm Reduction

Naloxone (Opioid Overdose Reversal Drug) Bills Move in Ohio, Wisconsin. Bills that would expand access to the opioid overdose reversal drug naloxone (Narcan) are moving in Ohio and Wisconsin. The Christian Science Monitor mentions these bills in a broader article on states moving to respond opioid overdoses. Click on the link to read the whole thing.

International

India's Rajya Sabha Passes Bill to Increase Access to Opiate Pain Medications. India's parliament has passed a bill that will ease access to opiate pain medications. The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2014, was passed by the Rajya Sabha, or upper house Friday. It had passed the Lok Sabha, or lower house, the day before. The law will bring relief to thousands of cancer patients in the country who use opiates for acute and chronic pain relief. It had been pushed by the Indian Association for Palliative Care, among other groups.

Canadian Pro-Legalization Group Seeks Candidates to Support in Next Year's Elections. A new organization, Legalize Canada, has popped-up with the intent of "supporting strong and vocal pro-legalization candidates for public office" in the 2015 federal election. The group said it had identified 95 to 100 ridings (legislative districts) out of 338 in the country where support for legalization could be a critical, election-winning issue. The group says it is aiming for a $7 million budget.

Canada's Trailer Park Boys Say Don't Legalize It. Canada's cult TV and movie phenomenon, Trailer Park Boys, is back with a new sequel, Trailer Park Boys 3: Don't Legalize It. Ricky, Julian, Bubbles, and the rest of the crew have too much invested in their latest criminal pot growing scheme to put up with legal weed.

Seven Killed in Philippines Drug Raid. Philippines anti-drug police killed seven suspected drug dealers and arrested several more in a Friday raid on the outskirts of Davao City. "They put up a fight and were killed in the process," Mayor Rodrigo Duterte said here when asked about the deaths. Duterte has long been suspected of being behind extrajudicial killings in Davao City, an accusation the Aquino administration ally has repeatedly denied.

Mexico Marijuana and Drug Reform Bills Filed [FEATURE]

Late last week, lawmakers in Mexico City filed two bills that would begin to radically transform the country's approach to drugs. One was introduced in the Mexico City legislative assembly and one in the federal legislature.

http://stopthedrugwar.org/files/mexico-seal-231px.jpg
The moves come as the debate over drug policy in general and marijuana in particular heats up in the region. The legalization of marijuana in Uruguay and the US states of Colorado and Washington has enlivened ongoing efforts at drug reform in Mexico, and the country continues to bleed from the violence associated with criminal organizations that rose to power on the back of drug prohibition.

They also come just days after four former Latin American presidents -- Ernesto Zedillo of Mexico, Ricardo Lago of Chile, Fernando Enrique Cardoso of Brazil, and Cesar Gaviria of Colombia -- penned an open letter in support to Mexico City Mayor Miguel Angel Mancera, himself a proponent of legalization.

"This is a necessary debate to have for Mexico City, Mexico and the entire region," the four ex-presidents said. "Something needs to change as 40 years of immense efforts and funds have failed to reduce both the production and consumption of illicit drugs."

"We believe we're making a very important contribution to a global debate that has to do with rethinking the issue of drugs," Vidal Llerenas, a member of the Mexico City Legislative Assembly and sponsor of the local legislation, said at Thursday news conference announcing the bills.

"The aim of this legislation is not to change the drug sphere in the city, but rather to simply avoid criminalizing those who consume marijuana," said Deputy Eduardo Santillan Perez, another sponsor of the bill.

The Legislative Assembly in Mexico City
The Mexico City bill would de-emphasize small-time marijuana prosecutions. It would instruct police and judges to deprioritize prosecution of marijuana violations in some circumstances, and it would create a Portugal-style "dissuasion commission" which could impose administrative sanctions on offenders instead of subjecting them to the criminal process.

The bill would also allow for the limited retail sales of marijuana in the Federal District. Such sales could only take place under certain criteria, including posting warnings to consumers about potential health risks. Retailers would not be allowed to sell to minors or be located near schools, and they would not be allowed to sell adulterated marijuana. Retailers who complied with these criteria would be issued permits to sell marijuana by the district government's Institute for the Attention and Prevention of Addictions.

The federal bill would raise possession limits for the amount of drugs decriminalized under a 2009 law. Under that law, the possession of up to five grams of pot was decriminalized; the new bill would increase that to 30 grams (slightly more than an ounce). It would similar increase the decriminalized possession limits for drugs such as cocaine, heroin, and methamphetamine.

The federal bill would also allow for the use of medical marijuana. And it would devolve some decision making power on drug policy issues from the federal government to states and cities.

There are clear medicinal benefits to using marijuana, said PRD Deputy Fernando Belaunzaran Mendez, and denying these benefits "is like when the clergy denied Galileo's claim that the Earth moves."

The prospects of passage are much better for the Mexico City bill than the federal bill, because the Party of the Democratic Revolution (PRD), whose members introduced both the local and the federal bills, dominates the Mexico City assembly, but not the federal one. Mexico City, which has moved to allow abortion, divorce, and same-sex marriage, is also more socially liberal than the country as a whole. The Mexico City bill is likely to be debated early next month.

Both bills had their genesis in discussions that began last summer, when the Mexico City legislature organized public hearings to explore alternative solutions to the city's drug problems. Civil society groups, including México Unido Contra la Delincuencia (MUCD), the Colectivo por Una Politica Integral Hacia las Drogas (CUPIHD), and Britain's Transform Drug Policy Foundation were deeply involved in the drafting process, along with lawyers, medical professionals, security professionals and drug policy experts.

"Of the four specialists that helped draft the bill, two were from CUPIHD," said Alejandro Madrazo Larous, a constitutional law expert, law professor and CUPIHD member who helped draft the bill.

He told the Chronicle that international reform currents were indeed percolating in Mexico.

"As other countries move forward with reforms, it just seems more and more absurd that we are killing each other in Mexico to ban something that is becoming a regulated business," he said.

Reefer Bender in Mexico City wants to legalize it. (Phillip Smith, Drug War Chronicle)
"We welcome this attempt to replace stringent cannabis law enforcement with humane, just and effective alternatives," said MUCD's Lisa Sanchez. "Decades of punitive responses have failed to reduce levels of use and have effectively left the market in the hands of criminal entrepreneurs whose watchwords are violence and greed. This is a great opportunity for the government to adopt a new approach to drugs and improve the health and safety of its citizens. Let's not waste it."

"On the heels of historic marijuana legalization victories in Washington, Colorado and Uruguay, it's promising to see other countries and jurisdictions following suit. The innovative nature of the marijuana bill -- which combines elements of marijuana regulation models from around the world -- demonstrates that reforms can be tailored to fit the local context," said Hannah Hetzer, policy manager for the Americas at the Drug Policy Alliance.

"Mexico has suffered immensely from the war on drugs," Hetzer continued. "Amidst extreme levels of violence and crime, it is encouraging to see Mexico's capital city attempt to refocus its efforts away from marijuana possession and low-level drug offenses and to invest in reducing violent crime instead."

Madrazo Larous said passage of the bills would smartly reprioritize law enforcement, but that it would take work.

"I think they have a chance," he said. "We are reaching out for more support. If we can pass this at the national level, it would free up resources at the local level which would allow for better criminal investigation and prosecution of violent crimes. Today, we waste too many resources running after consumers and petty dealers."

With marijuana legalization also on both the legislative and the popular agenda in Washington, DC, it appears that Mexico City and Washington are in a race to see which North American capital city becomes the first to allow legal marijuana sales. Sorry, Ottawa.

Mexico City
Mexico

Chronicle AM -- February 10, 2014

State legislatures are busy with drug policy issues, particularly marijuana and medical marijuana, a Texas grand jury refuses to indict a man who killed a cop in a no-knock drug raid, Mexican vigilantes are duking it out with the Knights Templar in Michoacan, and more. Let's get to it:

Marijuana Policy

Southern Cannabis Reform Conference in Atlanta Next Month. Peachtree NORML is hosting a marijuana reform conference in Atlanta on March 22. Click on the title link for ticket information.

Washington Bill Would Use Marijuana Revenue to Help Fund College Tuition. A bill introduced by Sen. Mike Baumgartner (R-Spokane) to effectively cap tuition rates at state colleges and universities relies in part on expected marijuana tax revenues. The bill, House Bill 6043 is part of Baumgartner's broader plan to improve basic education and ease the tuition burden on college students.

Legalization Bill Stalls in New Mexico Senate. A bill that would let New Mexico voters decide whether to legalize marijuana is stalled -- at least for now -- in the state Senate. The Rules Committee last Friday failed to debate it, but bill sponsor Sen. Gerald Ortiz y Pino said he hoped the committee would take it up this week.

New Hampshire House Subcommittee Meeting on Legalization Bill Today. A House Ways and Means Committee subcommittee is discussing the revenue and regulatory aspects of a bill that would make marijuana legal and regulate it like alcohol in the Granite State. House Bill 492 would make personal possession and home cultivation of limited amounts of marijuana legal for adults age 21 and older. It would also direct the state to license and regulate marijuana retail, cultivation, production, and testing facilities. The subcommittee is expected to consider changes to the bill's proposed system for taxing and regulating marijuana. The bill has already passed the House once, but must do so again before heading to the Senate.

Los Angeles Mayor Suggests He Could Support Legalization. In an interview with a local TV station, LA Mayor Eric Garcetti suggested he could support an initiative that legalized marijuana. "[Legalizing marijuana] would make life easier to me in terms of the regulations... I think there's probably a majority of Californians that would like to see that, and I generally would be for that. I've never seen much of a difference between marijuana and alcohol... alcohol has rules around it," Garcetti said. "If we had something similar with marijuana it would probably be a good revenue generator." To listen, go to the 3:23 mark in the second video.

Hawaii Appeals Court Nixes Local Lowest Law Enforcement Priority Initiative. The Hawaii Intermediate Court of Appeals ruled last Friday that a voter-approved Hilo County initiative directing law enforcement to make adult personal use of marijuana on private property its lowest priority is unenforceable. The 2008 initiative won handily in Hilo, but the county council failed to implement it. Both a district court and now the appeals court have ruled that state marijuana laws preempt it. Advocates vowed to appeal to the state Supreme Court.

Oregon Bill to Refer Legalization to Voters Gets Hearing Tuesday. A bill that would put a legislature-written marijuana legalization initiative on the November ballot gets a hearing Tuesday. Senate Bill 1556 is set for a hearing before the Senate Judiciary Committee.

Medical Marijuana

Oregon Bill to Let Localities Ban Dispensaries Gets Hearing Tuesday. A bill that would allow cities and counties to ban dispensaries gets a hearing Tuesday. The bill, Senate Bill 1531, will be heard by the Senate Judiciary Committee.

Colorado Patient Wins Fight to Stay in Federal Housing. A quadriplegic medical marijuana patient who was threatened with eviction from the Longmont Housing Authority has prevailed in her struggle to remain, and she has prompted the housing agency to create a new policy. Ashley Weber is that patient.

Support for Medical Marijuana in Guam at 55%. A University of Guam poll has support for medical marijuana at 55%. The poll comes as the Guam legislature considers a bill that would ask residents to vote in a referendum to approve medical marijuana.

Support for Medical Marijuana in Kentucky at 52%. The latest Bluegrass Poll has support for medical marijuana in Kentucky at 52%, with 37% opposed. Last year, the same poll had support for "prescribed" marijuana at 60%. This year's poll dropped "prescribed," and that accounted for the difference, said pollster Jay Leve of SurveyUSA. A CBD medical marijuana bill is currently before the legislature.

Support for Medical Marijuana Amendment in Florida at 57%. A Gravis Marketing poll has support for the state's medical marijuana initiative at 57%, with 31% opposed. But support dropped dramatically when voters were reminded that the production and sale of marijuana remained illegal under federal law, with 54% opposing, 27% supporting, and 19% uncertain.

Arizona Officials Propose Easing Rules. State health officials are proposing changes for Arizona's medical marijuana program, including one that would allow additional permit holders to grow their own. Click here to check out the proposed draft rules.

Wisconsin CBD Medical Marijuana Bill Gets Hearing Wednesday. A bill that would allow for the use of CBD cannabis oil gets a hearing in the Assembly Committee on Children and Families Wednesday. The bill, Assembly Bill 726, has three Republican cosponsors, but faces other hostile Republican legislators.

Methamphetamine

South Dakota Bill to Add State to National Monitoring System Passes Senate. A bill that would add South Dakota to the National Precursor Log Exchange (NPLEx) passed the Senate last week and now heads to the House. Senate Bill 24 is supported by Attorney General Marty Jackley and other state officials. Under the bill, retailers selling pseudoephedrine (e.g. Sudafed) would electronically submit the purchaser's name, date of birth and address, along with the quantity sold at the specific time and date. [Ed: Methamphetamine manufacturing rings have gotten around pseudoephedrine purchase limits by hiring "smurfers" to buy the substance for them. It's not clear how the national database will be more effective in this regard than previous monitoring systems.]

Drug Testing

West Virginia Public Benefits Drug Testing Bill Targets Felons and Drug Offenders. Convicted felons and drug offenders would have to pass a drug test before obtaining federal or state assistance under a bill introduced in the state legislature last Thursday. House Bill 4433 would mandate that those who fail the drug tests would be ineligible to apply for assistance for two years, but that would drop to six months if they took drug treatment and passed a second drug test. The bill is before the House Judiciary Committee.

Sentencing

Missouri Criminal Code Revisions Would Cut Drug Sentences. An 1,100-page bill that revamps the state's criminal laws reduces a number of drug sentences. Marijuana possession would be reduced from up to a year in jail to no jail time for first offenders. Felony drug possession maximum sentences would drop from seven years to four. The bill has more support in the Senate than in the House, where Rep. Stanley Cox (R-Sedalia), head of the House Judiciary Committee, said he opposed using the bill to change the drug laws. The bill is Senate Bill 491.

Federal Judge Cuts Marijuana Sentences, Citing Likely Federal Sentencing Reforms. Why wait? A Tennessee federal judge last Thursday gave reduced prison sentences to three major marijuana offenders, saying he expects Congress to act to lower sentences for drug offenders. Judge Curtis Collier citing the pending approval of the Smarter Sentencing Act and recommendations from the US Sentencing Commission. The three defendants got about half the prison time they otherwise would have.

Law Enforcement

Innovative Diversion Program Underway in Santa Fe, New Mexico. The Santa Fe city council has approved adoption of the Law Enforcement Assisted Diversion (LEAD) program pioneered in Seattle. Instead of sending minor offenders back into the criminal justice system, LEAD offers them a chance to obtain essential wraparound services, such as housing, job training, transportation, counseling and addiction treatment -- all of which might help them stay away from crime and live a better life. The Drug Policy Alliance is credited with turning local leaders on to the program.

Utah Cops Pay $75,000 to Settle Wrong House Drug Raid Lawsuit. Salt Lake City will pay $75,000 to settle a claim filed by a 76-year-old woman after narcotics detectives raided the wrong house and pointed a gun at her. The no-knock raid in 2012 led to an immediate apology by the police chief and new leadership in the narcotics division. The claim was actually settled in November, but local media only unearthed it after filing FOIA requests.

Texas Grand Jury Refuses to Return Murder Indictment Against Home Owner Who Killed Cop in No-Knock Drug Raid. A Central Texas grand jury has refused to return a murder indictment against a Burleson County man who shot and killed sheriff's Sgt. Adam Sowders as Sowders led a group of law enforcement raiders through the door of the man's mobile home in a no-knock, pre-dawn drug raid on December 19. The raiders had a search warrant for the home of Henry Goedrich Magee and were looking for marijuana plants and guns. But when they burst through the door, Magee, who was sleeping with his girlfriend, feared a home invasion robbery, grabbed a gun from his bed side, and opened fire, killing Sowders.

International

Britain's Nick Clegg Continues Stirring the Pot on Drug Reform. Liberal Democrat leader and coalition government junior partner Nick Clegg continues to demand that drug reform be taken seriously in Britain. He penned a strong op-ed in The Observer Sunday bewailing the failures of the drug war and calling for an end to "the tradition where politicians only talk about drug reform when they have left office because they fear the political consequences."

Colombians Say Mexican Cartels are Now Cooking Their Own Cocaine. Mexican drug cartels are moving on from importing South American cocaine and are now manufacturing their own, according to Colombian authorities. The claim came after Colombian police busted a load of more than a thousand pounds of coca paste as it was being loaded on a plane to Mexico. "It's the first time we've made that kind of seizure," General Ricardo Restrepo, head of the police anti-narcotics unit, said. "If they're buying paste, it's because they have a laboratory there."

Mexican Vigilantes Take Over Cartel-Held Michoacan City. Anti-cartel vigilantes now organized as part of state police forces arrived in the Knights Templar stronghold of Apatzingan, Michoacan, on Saturday. Hundreds of vigilantes, backed by armored vehicles and army troops moved into the center of town. Searches for Knights Templar leaders and members are now reportedly underway.

Texas Man Not Indicted For Killing Cop in No-Knock Drug Raid

It happens on a regular basis. Police conducting no-knock drug raids shoot and kill residents, claim they feared for their lives, and walk away free. But now, the shoe is on the other foot.

A Central Texas grand jury has refused to return a murder indictment against a Burleson County man who shot and killed sheriff's Sgt. Adam Sowders as Sowders led a group of law enforcement raiders through the door of the man's mobile home in a no-knock, pre-dawn drug raid on December 19.

The raiders had a search warrant for the home of Henry Goedrich Magee and were looking for marijuana plants and guns. But when they burst through the door, Magee, who was sleeping with his girlfriend, feared a home invasion robbery, grabbed a gun from his bed side, and opened fire, killing Sowders.

"This was a terrible tragedy that a deputy sheriff was killed, but Hank Magee believed that he and his pregnant girlfriend were being robbed," Magee's lawyer, renowned Texas criminal defense attorney Dick DeGuerin told the Associated Press. "He did what a lot of people would have done. He defended himself and his girlfriend and his home."

DeGuerin added that he could not recall another instance of a Texas grand jury declining to indict a defendant in the death of an officer.

The grand jury did indict Magee for the possession of a small number of marijuana plants and for having a gun while growing the pot plants. That charge is possession of marijuana while in possession of a deadly weapon, a third-degree felony. Conviction on a third-degree felony charge is punishable by from two to 10 years in state prison.

Burleson County District Attorney Julie Renken said after the grand jury decision that she thought the shooting had "occurred in a matter of seconds amongst chaos" and she thought the sheriff's office had done things correctly, "There is not enough evidence that Mr. Magee knew that day that peace officers were entering his home," she conceded.

Renken vowed to "fully prosecute" the remaining case against Magee, who has been jailed without bond in nearby Washington County. DeGeurin said Magee will likely be released soon, since he faces only the marijuana and gun charge.

This was all over some pot plants.

Caldwell , TX
United States

A Third California Drug War Killing in a Week

In the third California drug war killing in a week, police in San Diego County shot and killed a fleeing drug suspect last Friday. Michael Paul Napier, 33, becomes the 9th person to die in US domestic drug law enforcement operations so far this year.

Although Napier was killed last Friday, authorities did not release his name or details about why he was wanted until Monday.

According to KUSI TV News, citing police sources, the San Diego County sheriff's gang enforcement team was attempting to arrest Napier on two felony drug warrants and as a suspect in two recent burglaries when they encountered him in the garage of a North County apartment complex.

Detectives identified themselves and ordered Napier to raise his hands, but instead, he moved his hands toward his waistband. "Fearing that the suspect was reaching for a gun, Deputies Brandon Boisseranc and Nicholas Danza opened fire," the TV reported.

"The deputies were aware Napier was a documented gang member with a history of possessing firearms," sheriff's Lt. Glenn Giannantonio explained.

Napier died at the scene. No weapon was recovered.

"After the shooting, it was determined that Napier did not have a weapon on him, although there was a knife stuck in the garage wall next to where he was standing," Giannantonio said. "A search of the garage yielded stolen property from at least one residential burglary and one vehicle burglary."

San Diego, CA
United States

California Cops Generate Two More Drug War Deaths

California police have shot and killed two people in separate drug law enforcement incidents in the past week. Luis Morin of Coachella and Mark Ayala of El Centro become the 7th and 8th persons to die in US domestic drug law enforcement operations so far this year.

According to the San Bernardino Sun, citing police sources, the first killing, which occurred last Monday night, happened when a Riverside County sheriff's deputy attempted to arrest Morin on felony warrants.

"When the officer attempted to take the subject into custody, an altercation occurred, which resulted in an officer-involved shooting," Deputy Armando Munoz said.

Morin died at the scene, according to the coroner's office.

Police didn't specify what the warrants were for, but later in the week, Morin's family members told KESQ TV News that one was for possession of a controlled substance with intent to sell and the other was for grand theft auto. The family also expressed anger with the unnamed deputy who shot Morin.

"He did not come to serve a warrant," said Morin's father. "He came with bad intentions. I would love to see him prosecuted."

The deputy has been placed on paid administrative leave pending an investigation by Riverside County prosecutors.

Two days later, according to KSWT 13 News, citing police sources, members of the Imperial County Narcotics Task Force shot and killed Ayala in a taxi in El Centro. The Imperial Valley Press reported that task force members present included Border Patrol and DEA agents, as well as agents from the Imperial County District Attorney's Office.

Police said Ayala was wanted for unspecified parole or probation violations and that he was armed. But they did not say whether he had brandished a weapon or fired at them. Ayala was hit by multiple shots and died at the scene. No police were injured.

A witness, who didn't want her name used, told KSWT 13 that Ayala was still in the back seat of the taxi when officers opened fire.

"I was in the kitchen and heard tires screeching and then I went outside," said the woman identified only as Guadelupe, whose remarks were printed in Spanish. "When I got outside, I saw a taxi and the officers were already pointing their guns at the guy in the back seat. "There was a lot of shooting," she said.

CA
United States

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