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Chronicle AM -- July 14, 2014

Happy Bastille Day! And speaking of which, the US Sentencing Commission is reporting heavy public response to its proposal to make some sentencing reforms retroactive. Meanwhile, marijuana remains on the move, the good burghers of New York will pay for another drug war killing, millennials loosen up on drugs, and more. Let's get to it:

A new ad from the Coalition to Regulate Marijuana Like Alcohol in Nevada.
Marijuana Policy

Washington State Earns $150,000 in Excise Taxes From First Three Days of Limited Legal Marijuana Sales. Legal pot sales in Washington started last Tuesday with only a handful of shops open across the state, but by last Friday, the Washington Liquor Control Board reported that the sales had generated almost $150,000 in excise taxes alone. The excise tax is 25% imposed on producers when they sell to retailers and another 25% imposed on consumers when they buy retail. The figure doesn't include state and local sales taxes.

Colorado Recreational Marijuana Sales Declined for First Time in May. Retail pot shops sold $21 million worth of marijuana in May, down 5% from the $22 million sold in April. The combined 4/20 celebrations and High Times Cannabis Cup that same weekend may have had something to do with the high April figures. Also, tax-free medical marijuana sales remain strong and still exceeded recreational sales in April, coming in at $32 million.

Nevada 2016 Legalization Initiative Campaign Kicks Off With Innovative Bathroom Ads. The Coalition to Regulate Marijuana Like Alcohol has begun its campaign to get a legalization initiative on the 2016 ballot with "bathroom-themed ads, which are scheduled to appear in restrooms at more than two dozen restaurants and bars across Las Vegas throughout July and August." The ads highlight the costs of marijuana prohibition.

South Portland, Maine, Activists Hand in Signature for Municipal Legalization Referendum. Citizens for Safer Maine, a Marijuana Policy Project affiliate, today handed in 1,521 signatures to place a legalization initiative on the municipal this November. The group needs 959 valid voter signatures to qualify. Similar efforts are underway in York and Lewiston; Portland passed a similar measure last year.

Medical Marijuana

Berkeley City Council Gives Initial Approval for Free Medical Marijuana for the Poor and Homeless. The Berkeley city council last week gave initial approval for an ordinance that would require dispensaries in the city to set aside 2% of their medical marijuana to be given away free to poor and homeless residents who are patients. A second reading is set for next month.

South Carolina Limited CBD Medical Marijuana Law Not Working. South Carolina's new law allowing for the use of high-CBD cannabis oil is stymied because no one in South Carolina is making it and federal law prohibits it being shipped across state lines. The new law does create a study committee to determine how to grow the plants and manufacture the oil in state, but it looks like that is years down the road.

North Carolina Medical Marijuana Supporters Protest at Trial of Grower. Protestors gathered in Hendersonville this morning to protest the trial of a man they say is a medical marijuana grower. Todd Stimson is charged with numerous marijuana cultivation and related offenses. His trial starts this afternoon.

Drug Policy

Poll of Millennials Finds Majority for Marijuana Legalization, One in Five for Cocaine Legalization. A new Reason-Rupe survey finds that 57% of millennials support legalizing marijuana and a surprising 22% support legalizing the use of cocaine. Majorities of millennials said people should not be jailed or imprisoned for using marijuana (83%), ecstasy (68%), cocaine (63%), or heroin (61%). Click on the link above for more top lines, cross tabs, and methodological details.

Drug Testing

Florida Governor Gives Up on Testing Some State Workers, But Not All. Gov. Rick Scott's (R) dream of imposing drug testing on all state workers has faded further after attorneys representing the state last month filed court documents conceding that nearly a thousand job classes are ineligible for drug testing. But Scott has yet to concede that his plan to force state workers to undergo mandatory suspicionless drug testing is unconstitutional, despite lower court rulings against him. He's vowing to go to the US Supreme Court.

Law Enforcement

New York City Pays $2 Million for Undercover Narc's Killing of Unarmed Man on His Mother's Doorstep. Shem Walker, 59, was shot and killed when he attempted to run off shady characters loitering on his mother's apartment building doorstep. The shady characters were undercover NYPD narcotics detectives. Walker punched one of the plain clothes narcs, who responded by shooting him three times and killing him. Now, the good burghers of New York will pay out $2.25 million to settle the family's lawsuit against the city. No criminal charges were filed against the officer.

Sentencing

US Sentencing Commission Got 65,000 Letters Regarding Sentencing Retroactivity. The US Sentencing Commission reports that it had received some 65,000 letters regarding its plans to make the changes to drug sentencing guidelines that reduce many drug sentences retroactive. The Commission will hold a public meeting on the issue on Friday. Click on the link for more details and to read the letters.

International

Honduras President Blames US Drug Policy for Refugee Crisis. In an interview published today, President Juan Hernandez blamed US drug policy for creating violence in Central American countries and thus propelling a surge of migration toward the US. He said US anti-drug policies for generating prohibition-related violence first in Colombia and Mexico and now in Central America. "Honduras has been living in an emergency for a decade," Hernandez told Mexican daily newspaper Excelsior. "The root cause is that the United States and Colombia carried out big operations in the fight against drugs. Then Mexico did it. This is creating a serious problem for us that sparked this migration."

Chronicle AM -- July 11, 2014

A St. Paul drug raid is raising questions about police tactics, the hemp industry wants to clarify something, Tennessee gets its first bust under a law criminalizing drug-using pregnant women (and its first threat of a legal challenge), Pennsylvania issues opiate prescribing guidelines, and more. Let's get to it:

One of the two dogs killed in a St. Paul SWAT team raid that scored a bong and a grinder. (family photo)
Marijuana Policy

New Mexico Municipal Decriminalization Initiatives Halfway There on Signatures. Decriminalization initiative signature-gathering campaigns in Albuquerque and Santa Fe are at the halfway point in terms of signatures gathered. Two groups, Progress Now New Mexico and Drug Policy Action, the campaign arm of the Drug Policy Alliance, are leading the effort. The campaigns reported having half the 5,673 signatures needed in Santa Fe. They also need 11,203 signatures in Albuquerque; organizers say they are more than halfway there in the Duke City as well.

Medical Marijuana

Minnesota Governor Names 16 to Medical Marijuana Task Force. Gov. Mark Dayton (DFL) has named the members of a state task force charged with monitoring the effectiveness of the state's new limited medical marijuana law. Included are four patients or their parents, four law enforcement entities, four substance abuse treatment providers and four health care providers. It also includes two lawmakers each from the House and Senate, as well as the commissioners of Health, Human Services and Public Safety. Click on the link for a list of members.

Hemp

Hemp Industries Association Clarifies That CBD Extracts Are Not "Hemp Oil." The trade group the Hemp Industries Association has released a statement emphasizing that cannabidiol (CBD) extracts are not "hemp oil" and warning against misbranding them as such. The CBD extracts are made from marijuana flowers for medicinal purposes, while hemp oil, produced by pressing hemp seeds, is a food item containing only tiny amounts of CBD. Click on the link to read the full statement.

Pregnancy

First Woman Arrested Under Tennessee's New Law Criminalizing Pregnant Women Who Use Drugs. A 26-year-old Monroe County woman has been charged with assault on her fetus for using methamphetamine shortly before she gave birth under a new law that allows prosecutors to press assault and child endangerment charges against women who use drugs. Under that law, "a woman may be prosecuted for assault for the illegal use of a narcotic drug while pregnant, if her child is born addicted to or harmed by the narcotic drug." But neither doctors nor prosecutors have shown any harm to the woman's newborn baby.

Tennessee ACLU Seeking to Challenge New Law Criminalizing Pregnant Women Who Use Drugs. The ACLU of Tennessee is currently seeking plaintiffs to challenge the new law criminalizing pregnant women who use drugs. The law is the first of its kind in the country. "This dangerous law unconstitutionally singles out new mothers struggling with addiction for criminal assault charges," said Thomas Castelli, Tennessee ACLU legal director. "By focusing on punishing women rather than promoting healthy pregnancies, the state is only deterring women struggling with alcohol or drug dependency from seeking the pre-natal care they need. ACLU-TN stands ready to challenge this law and encourages any woman concerned about the impact this law will have on her to contact us." Click on the link for more information.

Prescription Opiates

Pennsylvania Releases Guidelines for Prescribing Opiates. State officials and the Pennsylvania Medical Society have released new voluntary opiate prescribing guidelines as part of an effort to reduce overdose deaths. The guidelines are aimed at family practice doctors who are not pain treatment specialists. A University of Wisconsin pain policy specialist, James Cleary, said the guidelines were "very responsible," but raised concerns that opiates remain available for those who truly need them. Task force members responded that finding the proper balance was critical.

Law Enforcement

St. Paul SWAT Drug Raid Scores Bong, Grinder; Leaves Two Dogs Dead. A St. Paul, Minnesota, police SWAT team executing a no-knock search warrant at a family home burst through the front door without notice at 7:00am and promptly shot and killed the family's two pet pit bulls. "The first thing I heard was 'boom,'" said homeowner Larry Lee Arman. "Bop, bop, bop, bop, bop. Right in front of us. I was laying right there and I really thought I was being murdered," he said "I don't want to say by who. I thought it was, like, the government." Police said they thought they were entering a dangerous environment and had a right to eliminate potential threats with lethal force, but Arman said he wasn't a dangerous drug dealer, only a pot smoker. The SWAT team's haul seems to bear him out. They seized only "clothing, a glass bong, and suspected marijuana remnants in a metal grinder."

International

New York Times Takes a Look at Barcelona's Cannabis Clubs. The New York Times has a lengthy profile of Barcelona's burgeoning cannabis social club scene. It reports that the clubs, where members may buy and consume marijuana, now have 165,000 members, and that they are creating marijuana tourism. Officials are concerned.

Barcelona Police Arrest Cannabis Club Leaders. Police in Barcelona Friday arrested the president and at least three other members of the city's cannabis club federation FEDCAC. The group said it was not told why they were arrested, but other Spanish press reports said it was on money laundering charges. The bust comes as the city tries to crack down on the burgeoning clubs, which are legal under Spanish law, but have been testing the limits.

Transnational Institute Analyzes Colombia/FARC Accord on Drugs, Finds It Lacking. In a policy briefing on the Colombian peace accords, the Transnational Institute finds that FARC guerrillas are only "part of the problem" in the "complex scenario" of Colombian drug trafficking; that it effectively excludes rural settlers, indigenous and African-descent communities; that the agreement ratifies existing prohibition-based approaches to drugs; and that it ignores the ongoing progress in adopting other drug control models. Other than that…

Florida Man Killed in SWAT Raid Over Small-Time Marijuana Sales

A Tampa, Florida, man was shot and killed by members of a SWAT team executing a search warrant over small-time marijuana sales on May 27. Jason Westcott, 29, becomes the 25th person to die in US domestic drug law enforcement operations so far this year.

[Editor's Note: This case illustrates why we call on readers to let us know if they come across a report of a drug war-related death. Although we run Google searches to find such incidents, this one didn't pop up on the radar until the Tampa Bay Times ran a thorough investigative piece -- a rarity with such incidents -- on it this week. Absent that report, we would have missed it. So, please, feel free to send your tips and links our way.]

According to the Tampa Bay Times article, a Tampa Police SWAT team executing a warrant for marijuana sales knocked on the door of the home shared by Westcott and his roommate on the evening of the 27th, but both men were sleeping. When no one answered, police entered through the unlocked front door.

The roommate, who was sleeping on a couch, was taken into custody without incident, but Westcott, who had been sleeping in a bedroom, picked up a weapon upon hearing the intruders and moved toward the bathroom, from where he could see his surveillance monitor. Upon encountering Westcott in the hallway between the bedroom and the bathroom, two SWAT officers opened fire, shooting him five times with a semiautomatic shotgun and a handgun.

Police claim Westcott pointed his weapon at them. He never fired it. Instead, hit once in the arm and twice in the side, he collapsed on the bathroom floor. He received medical attention from a SWAT medic on scene, then was transported to a local hospital, where he died.

Ironically, the only previous contact Westcott had had with Tampa police was several months earlier, when he contacted them to say he was worried that a man who had been at his house planned to rob him and had threatened to kill him. According to people close to Westcott, investigating officers told him: "If anyone breaks into this house, grab your gun and shoot to kill." Tampa police now deny they ever said anything like that.

The Times investigative piece also looked into the police drug investigation that precipitated the fatal raid. They found that despite police statements that they began looking at Westcott because of complaints from neighbors, the investigation actually began when a snitch reported that he was selling marijuana.

Over a period of months, that same snitch made several small marijuana purchases from Westcott, in amounts ranging from $20 to $60. The grand total of marijuana purchased by the snitch was less than $200. When the raid actually went down, police found a grand total of 0.2 grams of weed.

Westcott's roommate said the pair were habitual pot smokers, but that they never kept more than 12 grams in the house at a time to avoid felony charges. And he said that the pair engaged in a bit of social dealing, nothing more.

"We would just sell a blunt here and there to our friends or whatever. It was no crazy thing," he said. "There weren't people coming in and out of our house every day," he said. "It wasn't paying any bills. We were still broke... going to work every day."

Police initially said an undercover officer had made the drug buys, but later admitted it was the snitch who had done so. The roommate said if police had made the buys themselves, they would have realized that they were not facing violent drug traffickers, and Westcott might still be alive.

"Nobody can believe that this happened to Jason. They can't understand how this could happen to Jason," said Westcott's mother, Patti Silliman of New Port Richey. "No one can figure this out."

But the Hillsborough State Attorney's Office has already determined that the two police officers who shot at Westcott -- Cpl. Eric Wasierski and Officer Edwin Perez -- were justified in the use of deadly force. And Tampa Police Chief Jane Castor defended both the drug investigation and actions of the officers involved.

"Mr. Westcott lost his life because he aimed a loaded firearm at police officers. You can take the entire marijuana issue out of the picture," Castor said. "If there's an indication that there is armed trafficking going on -- someone selling narcotics while they are armed or have the ability to use a firearm -- then the tactical response team will do the initial entry."

The Tampa Bay Times investigative report is worth reading in its entirety. One could only wish that every drug war death got the same treatment. If that were the case, we might end up with a lot less of them.

Tampa, FL
United States

Denver Man Shot, Killed in Undercover Drug Operation

A Denver man was shot and killed during an undercover drug investigation last Wednesday afternoon. Joseph Valverde, 32, becomes the 24th person to die in US domestic drug law enforcement operations so far this year.

According to the Denver Post, citing Denver Police Chief Robert White, Valverde was shot and killed in the parking lot of Overland Pond Park. White said that when uniformed Denver police officers arrived to arrest Valverde, he pulled a gun. An officer then opened fire, striking Valverde.

White said Valverde threatened officers, but did not fire his weapon. He was pronounced dead later at a local hospital.

Denver 9 News, which first named the victim, reported that Valverde was shot by a SWAT team member, that police sources said the bust involved "a significant amount of cocaine" and that "law enforcement believed the suspect was very violent and dangerous."

In a separate story, Denver 9 News reported that Valverde had prior convictions for drug possession, assault, weapons charges, and criminal mischief.

Denver, CO
United States

Chronicle AM -- July 1, 2014

July 1 sees new drug-related laws and regulations going into effect in various places, a University of Arizona researcher falls victim to anti-medical marijuana politics, Massachusetts is cracking down on caregivers, Ohio activists give up on a medical marijuana (and hemp) initiative this year, and more. Let's get to it:

Legal marijuana purchaser eyes the products on offer. (Sandra Yruel/Drug Policy Alliance)
Marijuana Policy

Colorado Marijuana Legalization Enters New, Expansive Phase. As of today, any state resident can apply to open a marijuana retail outlet in Colorado. Until now, only owners of already existing medical marijuana dispensaries could apply. It is expected that this new phase of the state's marijuana legalization experience will add hundreds of new marijuana-related businesses in the state.

Berkley, Michigan, Decriminalization Petitioners Hand in Signatures Today. Campaigners for a municipal decriminalization initiative in Berkley plan to turn in 700 signatures today. Berkley is one of about 20 Michigan towns where Safer Michigan is working to get similar initiatives on the ballot for either the August or November elections. Local ordinances that ease penalties for possessing marijuna already are on the books in Ann Arbor, Detroit, Ferndale, Flint, Grand Rapids, Jackson, Kalamazoo, Lansing and Ypsilanti.

Medical Marijuana

University of Arizona Fires Medical Marijuana Researcher. The University of Arizona has abruptly fired Dr. Suzanne Sisley, who months earlier had received approval from the federal government to study the effects of medical marijuana on people suffering from PTSD. Now, her research is in jeopardy, and she is blaming state legislators who threatened university funding after her research plans made the news. "This is a clear political retaliation for the advocacy and education I have been providing the public and lawmakers," Sisley said. "I pulled all my evaluations and this is not about my job performance."

Massachusetts Crackdown on Caregivers. The state Department of Public Health has sent letters to more than 1,300 patients and 17 caregivers warning that state regulations bar caregivers from selling marijuana to more than one patient. Caregivers are the only legal avenue for patients to buy medical marijuana until dispensaries open, and that won't happen until November at the earliest. The move has forced Bill Downing, the operator of Yankee Care Givers, which supplies an estimated 1,000 patients to quit selling medical marijuana. He is urging patients to join him in a lawsuit challenging the state's interpretation of the law. "DPH is more concerned with their regulations than they are with the well-being of the citizens of Massachusetts," Downing said.

Low-THC, High-CBD Medical Marijuana Laws Go into Effect in Iowa, Utah. At least two of the states that passed limited, low-THC, high-CBD medical marijuana laws this year see those laws go into effect today. Those states are Iowa and Utah. It is unclear what impact those laws will have or how many people they will help.

Vermont Medical Marijuana Improvements Go into Effect Today. A medical marijuana improvement bill, Senate Bill 247, goes into effect today. The new law eliminates the cap of 1,000 patients who may access dispensaries, allows naturopaths to certify patients, and allows dispensaries to deliver marijuana to patients. It also authorizes a study of whether PTSD should be added as a qualifying condition.

Ohio Medical Marijuana Initiative Gives Up on 2014. Medical marijuana won't be on the ballot in the Buckeye State this year. The campaign by the Ohio Rights Group needed 385,000 valid voter signatures to qualify for the ballot this year, but had only 100,000. The good news is that those gathered signatures are still good in future years and can supply a starting point for a new campaign down the road. The initiative would also have legalized hemp production.

Drug Testing

Tennessee Food Stamp Drug Testing Law Goes into Effect. A law passed in 2012 that mandates drug testing for food stamp applicants if state workers have reason to believe they are using drugs goes into effect today. The ACLU of Tennessee is not happy: "This law singles out limited-income people and requires them to submit to humiliating and intrusive searches of their bodily fluids because they need temporary help making ends meet," said Hedy Weinberg, state director for the ACLU. "Research indicates that TANF recipients are no more likely to use illicit drugs than farmers, veterans, and students, who also receive government support. ACLU-TN wants to hear from any potential TANF recipients who do not want to submit to the required drug testing." The ACLU of Tennessee also has a web page for those who need help dealing with the law.

Sentencing

Rep. Keith Ellison is Latest Cosponsor of Smarter Sentencing Act. The Smarter Sentencing Act (House Resolution 3382) has picked up another cosponsor, Rep. Keith Ellison (D-MN). The measure now has 42 cosponsors -- 28 Democrats and 14 Republicans. The bill remains stuck in the House Judiciary Committee, where it has been sitting since October.

International

Mexican Soldiers Kill 22 Cartel Members in Michoacan Confrontation. The Mexican Army reported that it killed 22 members of the La Familia Michoacana cartel after soldiers on patrol in Tlatlaya, Michoacan, came under fire from cartel gunmen.

Another Mexican Town Tries to Ban Narcocorridos. Ciudad Obregon, Sonora, in northwest Mexico has banned the playing or performing of narcocorridos, the border ballads that glorify drug traffickers and recount their adventures. The ban follows the killing in the city of a narcocorrido singer from Phoenix, Tomas Tovar Rascon. But more than a year ago, the Mexican Supreme Court overturned a similar ban in the state of Sinaloa, so it is unlikely this ban could withstand a legal challenge -- if anyone brings one.

Chronicle AM -- June 27, 2014

Things are looking good after legalization in Colorado, a medical marijuana bill moves in Pennsylvania, food stamp drug testing is on hold in Mississippi, hash battles break out in Libya, and more. Let's get to it:

Marijuana Policy

DPA Issues Report on Six Months of Legal Marijuana Sales in Colorado. Crime is down, tax revenues are up, and the marijuana industry is generating thousands of new jobs in Colorado, according to a new report from the Drug Policy Alliance. The report is Status Report: Marijuana Regulation in Colorado After Six Months of Retail Sales and 18 Months of Decriminalization.

Medical Marijuana

Pennsylvania Senate Committee Approves Medical Marijuana Bill. The state Senate Law and Justice Committee voted unanimously yesterday to approve Senate Bill 1182, which would allow qualified patients to obtain marijuana through dispensaries, but not grow their own. Neither could patients smoke their medicine, but they could use edibles or vaporize it. Now, the bill is on to the Appropriations Committee and, if it passes there, a Senate floor vote. Companion legislation in the House has yet to move.

Tulsa Medical Marijuana Petitioners Say Tulsa Cops Backed Off After They Went Public. Signature-gatherers for the Oklahomans for Health medical marijuana initiative report they are no longer being harassed by Tulsa Police after they went public with their complaints. Police had, on several occasions, stopped and investigated petitioners, at least twice after purportedly receiving complaints they were selling or smoking marijuana. The group hasn't had any formal response from Tulsa Police or city officials, but they are no longer being harassed, they said.

Drug Testing

Mississippi Food Stamp Drug Testing Implementation Delayed. A Mississippi law approved this year that would require food stamp applicants to be subject to drug testing is being delayed. It was supposed to go into effect July 1, but will be held up pending a public hearing set for July 22. The delay comes thanks to ACLU of Mississippi and the Mississippi Center for Justice, which challenged the start-up on grounds that it violated the state's administrative procedures law.

Methamphetamine

Michigan Governor Signs Package of Meth Bills. Gov. Rick Snyder (R) Thursday signed into law three bills increasing the criminalization of methamphetamine users and producers. One makes it a crime to purchase pseudoephedrine knowing it will be used to make meth, another makes it a crime to solicit someone else to do so, and the third specifies that the second mandates a 10-year prison sentence. Click on the link for more bill details.

International

Are the Latin American Drug Cartels on the Wane? Council on Hemispheric Affairs analyst Claudia Barrett has penned a provocative analysis suggesting the era of the cartels may be coming to an end. The piece is The Breakdown of Cartel Culture -- An Analysis.

Reductions in Coca Cultivation Don't Necessarily Mean Less Cocaine. The Global Post has a think piece on the reported decline in coca production and why it doesn't necessarily mean cocaine supplies are decreasing. Click on the link to read it.

Libya Hash Bust Sparks Deadly Battle. A hash bust in Benghazi last Saturday erupted into a pitched battle when armed gunmen attacked government forces who were destroying a major stash of hash seized from a cargo ship. At least seven people were reported killed. Government officials accused Al Qaeda of being involved.

Tunisia Will Reform Its Drug Laws. Tunisia is going to revamp its drug laws, a vestige of the Zine El Abidine Ben Ali dictatorship. The North African country has some 25,000 people in prison for drug offenses. Current laws don't differentiate between hard and soft drugs and require mandatory minimum prison sentences for any drug offense. A commission is expected to submit to parliament this summer an amended law that does away with the mandatory sentences of one-to-five years for drug possession.

New Zealand Poll Has Majority for Marijuana Reform. A majority of New Zealanders polled in a recent survey support reforming the country's marijuana laws. The New Zealand Herald-DigiPoll had 32% supported decriminalization and another 22% wanting it completely legalized, while 45% were opposed to any reform. Even among members of the ruling National Party, which opposes reform, 45% supported decrim or legalization.

Chronicle AM -- June 20, 2014

Two killer narcs face consequences for their actions, New York is set to become the 23rd medical marijuana state, the Pope comments on drug policy, prohibition-related violence flares in Mexico and Peru, and more. Let's get to it:

Killed by a Utah narc. Finally, there might be some justice for Danielle Willard. (facebook.com)
Marijuana Policy

FDA Studying Whether to Reclassify Marijuana. The Food and Drug Administration (FDA) is studying whether marijuana should be moved from Schedule I -- no medical use, high potential for abuse -- to a less restrictive schedule. The agency is acting at the request of the DEA, which is considering another rescheduling petition. Federal agencies have fended off efforts to reschedule marijuana for more than 40 years. The FDA reviewed marijuana's classification in 2001 and 2006 and found no reason to change it then.

Medical Marijuana

New York to Become 23rd Medical Marijuana State. The New York legislature and Gov. Andrew Cuomo (R) reached a last-minute compromise on medical marijuana this week, and today, the state Senate and Assembly approved the compromise bill, Program Bill 57. Gov. Cuomo says he will sign the bill into law, making New York the 23rd medical marijuana state.The bill is more limited than many patients and advocates would have preferred. It forbids smoking medical marijuana, although patients may vaporize or consume it in edibles. It also forbids using the raw plant. And it limits access to those with specified qualifying conditions, including cancer, multiple sclerosis, and epilepsy.

Drug Policy

Pope Says Nope to Dope. Pope Francis told participants at a drug control conference that he opposes marijuana legalization, and he's not so sure about using opiate maintenance to treat heroin users. 'Drugs are an evil, and with evil you can't give way or compromise," Francis said. "Even the partial legalization of so-called recreational drugs, besides being questionable on legal grounds, doesn't produce the intended effects," according to the text of his remarks posted on the Vatican web site.

California Set to End Ban on Food Stamps for Drug Felons. The California legislature has approved a bill that will once again allow people with drug felonies to obtain food stamps. A 1996 federal law barred drug felons from food stamp programs, but also gave states the ability to opt out. With the passage of Assembly Bill 1468, which Gov. Jerry Brown (D) is expected to sign, California will have done so. Only 12 other states continue to ban drug felons from getting food stamps.

Harm Reduction

North Carolina Injury Free Medication and Drug Overdose Prevention Summit Coming Next Month. State agencies and non-profits will take part in medication and overdose prevention summit on July 14 in Raleigh. Click on the lick for more details.

Law Enforcement

Utah Narc Charged With Manslaughter in Death of Danielle Willard. Former West Valley City Police undercover narcotics officer Shaun Cowley has been charged with manslaughter in the November 2012 shooting death of Danielle Misha Willard. Willard, who was unarmed, was shot and killed as she backed up her car in an apartment building parking lot. Cowley and another officer, who were investigating heroin sales, claimed they feared for their lives, but prosecutors didn't buy it. "Mr. Cowley acted in a reckless manner, and the evidence that we have does not support that his life was in danger or give him the justification to use the force that he did," said Salt Lake County prosecutor Sam Gill. The case has already resulted in a major shake-up in the department, and Willard's family has already filed a civil lawsuit.

Georgia Narc Must Pay Millions to Family of Pastor He Killed in Drug Investigation. A federal judge has ruled that Georgia undercover narc Billy Shane Harrison used unreasonable force in the killing of Pastor Jonathan Ayers and must pay his widow $2.5 million. Harrison shot and killed Ayers in a convenience store parking lot as Ayers attempted to drive away from undercover officers approaching him. They thought Ayers had some connection with a woman they were investigating, but he was just acting as a pastor.

International

Cartel Drug Wars Inflaming Mexico's Tamaulipas State. Dozens of people have been killed and numerous others have gone missing in Mexico's northeastern state of Tamaulipas since April as factions of the Gulf Cartel fight for dominance there. Click on the link to read more.

Peru Clashes Leave Soldier, Shining Path Guerrillas Dead. A Peruvian army soldier and three suspected Shining Path guerrillas have been killed in gun battles this week between security forces and suspected drug traffickers in the VRAE (Valleys of the Apurimac and Ene Rivers), a major Peruvian coca producing region. The soldier died fighting "narco-terrorists," Peruvian authorities said.

Chronicle AM -- June 19, 2014

We can watch the marijuana policy landscape shift before our eyes, with legalization initiatives and decrim measures popping up around the country and even Oklahoma Republicans arguing over legalization. There is also action on the opiate front, the Senate will vote on defunding the DEA's war on medical marijuana in states where it is legal, and more. Let's get to it:

US Senator Cory Booker (D-NJ) cosponsors an amendment to cut DEA medical marijuana funding. (senate.gov)
Marijuana Policy

House Fails to Add Rider to Block DC Decriminalization Law. The House Financial Services and General Government Appropriations Subcommittee approved a familiar series of social policy riders on the District of Columbia budget, but did not include one that would seek to undo the city's recent adoption of marijuana decriminalization. It's not a done deal yet, however; such a rider could still be added during the legislative process. The subcommittee did approve riders barring the District from funding needle exchanges or medical marijuana programs.

Delaware Decriminalization Bill Heads for House Floor Vote. A bill that would decriminalize the possession of up to an ounce of marijuana and levy a maximum $250 fine passed the House Public Safety Committee today. House Bill 371 now heads for a House floor vote.

Marijuana Policy in the Oklahoma GOP Governor's Race. In next week's GOP primary, sitting Gov. Mary Fallin is up against two longshot opponents who both favor marijuana legalization. Both Chad Moody, also known as "The Drug Lawyer," and Dax Ewbank, a libertarian-leaning Republican, have come out in favor of freeing the weed. But Fallin says that's not on her to-do list: "I just don't see that it provides a substantial benefit to the people of Oklahoma," Fallin said.

Milwaukee Legalization Initiative Signature-Gathering Drive Underway. A coalition of Milwaukee groups have begun a petition drive to place a municipal legalization ordinance on the November ballot. The measure would legalize the possession of up to an ounce. The groups have until July 29 to come up with 30,000 valid voter signatures. People interested in helping out can get more information here.

Philadelphia City Council Votes to Decriminalize Marijuana. The city council today approved a decriminalization measure introduce last month by Councilman Jim Kenney. Up to 30 grams is decriminalized, with a maximum $25 fine. Four years ago this month, the city began treatment small-time possession as a summary offense, with a maximum $200 fine and three-hour class on drug abuse.

Activists Gather Twice the Signatures Needed for York, Maine, Legalization Initiative. Activists supported by the Marijuana Policy Project needed 100 valid voter signatures to present a marijuana legalization petition to the York Board of Selectmen. They handed in 200. Similar petition drives are going on in Lewiston and South Portland, and Portland voters approved a legalization referendum last year. The local efforts are laying the groundwork for a statewide legalization initiative in 2016.

Medical Marijuana

Sens. Rand Paul, Cory Booker Cosponsor DEA Defunding Amendment in Senate; Vote Could Come as Soon as Tonight. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) have cosponsored an amendment to the Justice Department funding bill that would shield medical marijuana patients and providers from the attention of the DEA in states where it is legal. The vote could come as soon as tonight or tomorrow. The House passed such an amendment at the end of last month.

New York Governor, Legislature in Tentative Deal as Session Draws to End. With the legislative ticking down its final hours, Gov. Andrew Cuomo (D) and legislative leaders today announced a deal that would allow passage of a medical marijuana pilot program, but would not allow patients to smoke their medicine.

North Carolina Limited CBD Medical Marijuana Bill Wins House Committee Votes. A bill that would allow some patients to use a high-CBD cannabis oil was approved by the House Health Committee Wednesday and the House Finance Committee today.

Drug Policy

Drug Policy in the Colorado GOP Senatorial Race. Former Colorado Congressman Tom Tancredo, who is running for the state's GOP senatorial nomination, is being attacked as a drug legalizer in a radio ad created by a committee supporting former Sen. Mike Copp. While Tancredo supports marijuana legalization and has in the past spoken of the need to consider drug legalization, he says he is not ready to legalize hard drugs and is demanding that the ads be pulled.

Opiates

Vermont Governor Signs Package of Bills Aimed at Opiate Use. Gov. Peter Shumlin (D) Tuesday signed into law a package of bills and executive orders that will ramp up treatment for opiate addiction, but also increase penalties for bringing more than one gram of heroin into the state. The centerpiece of the legislative package is Senate Bill 295, which will fund pretrial screening and drug treatment for suspects before they are arraigned.

New York Assembly Set to Approve Package of Heroin Bills. Gov. Andrew Cuomo (D) and key lawmakers announced Tuesday night that they had a deal on a package of heroin bills that would raise awareness of the issue and increase insurance coverage of heroin treatment. What isn't clear is whether they agreement also includes a series of Rockefeller drug law-style measure passed by the Republican-dominated Senate that would increase criminal penalties for some heroin offenses.

Harm Reduction

DC Police Chief Orders No Arrests for Overdose Victims. In a recent memorandum, Metropolitan Police Department Chief Cathy Lanier has instructed her police force to observe protections from arrest and charge granted under a DC law designed to encourage residents to seek immediate medical assistance for a person experiencing an overdose. The Good Samaritan Overdose Prevention Amendment Act of 2012 (#A19-564), which was passed by the D.C. Council in 2012 and took effect on March 19, 2013, provides limited legal protection from arrest, charge and prosecution for those who witness or experience a drug overdose and summon medical assistance.

Sentencing

Federal Fair Sentencing Act Picks Up Another Sponsor. And then there were 39. Rep. William Envart (D-IL) has signed on as a cosponsor to the Federal Fair Sentencing Act. That makes 25 Democrats, along with 14 Republicans. It would reduce the use of mandatory minimum sentences and impose retroactivity for crack cocaine sentences handed down before 2010.

International

Britain's Looming Khat Ban Could Create Black Market. A ban on khat is about to go into effect in England, and this report suggests that it could create political tensions in East Africa, as well as creating a black market for the substance in England itself.

Albanian Siege of Marijuana-Producing Village Continues. A police assault on the village of Lazarat that began Monday is still underway as clashes continued between police and armed villagers. Some 800 police are involved in the operation, and they say they have seized or destroyed more than 10 tons of marijuana so far. But that's only a fraction of the 900 tons the village is estimated to produce annually. The town's $6 billion pot crop is equivalent to about half Albania's GDP.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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.)

Utah SWAT Team Kills Drug Fugitive in Standoff

A man wanted on drug and other arrest warrants who barricaded himself inside a West Haven auto body shop was shot and killed Wednesday afternoon when he allegedly pointed a weapon at SWAT officers after a standoff lasting several hours. Kristopher Chase Simmons, 35, becomes the 21st person to die in US domestic drug law enforcement operations so far this year.

According to the Salt Lake Tribune, citing police sources, Ogden police detectives attempting to arrest Simmons on "several drug-related and evading police felony warrants" located him at the auto body shop, but he and a woman with him fled into the shop, and he barricaded himself in a car.

What later happened to the woman is unclear (see below).

SWAT officers were called to the scene and hours of negotiations ensued, but when negotiations proved fruitless, SWAT officers entered the building.

"Simmons pointed a gun at the officers and two of them returned fire, wounding Simmons," Sgt. Lane Findlay of the Weber County Sheriff's Office wrote in a press statement Wednesday night.

But one commenter on a Standard-Examiner story about the incident and Simmons' criminal history had a decidedly different take on what went down:

"My friend is the 'mystery girl' the cops speak of that they could not locate or didn't know if she was real. She was real and she was inside hiding during the stand off and saw everything," wrote the commenter, who identified herself as Mona Little. "SIMMONS DID NOT HAVE A GUN. SIMMONS HAD BARRICADED HIMSELF INSIDE A CAR IN THE SHOP AND HAD A BLANKET OVER HIM. THE COPS SHOT HIM POINT BLANK IN THE CHEST AS HE WAS BEGGING THEM NOT TO! AFTER HE WAS MURDERED THE POLICE SET UP THE STAGE WITH 11 REHEARSALS, REFUSING TO LET THE CSI IN UNTILL THEY PRACTICED WHAT THEY WERE GOING TO CLAIM HAPPENED AND GOT ALL THEIR DUCKS IN A ROW, EVEN RE-ARRANGING THE CRIME SCENE TO WORK IN THEIR FAVOR!!! THIS IS MURDER BUT WHO WILL POLICE THE POLICE? THIS IS THE TRUTH."

Sgt. Findlay told the Standard-Examiner yesterday that a detective had indeed seen a woman, who police believed was an associate of Simmons, make her way into the building while others were being evacuated, but that there had been no sign of her since.

"It's not certain where she went," he said. "She could possibly have slipped out."

Police don't know who she is and she could be difficult to identify, he said. "I know there are detectives working on it."

West Haven , UT
United States

Smuggler Shooting Immediately Tests Border Patrol's New Force Policy

Last Friday, Customs and Border Patrol (CBP) Commissioner Gil Kerlikowske announced new policies designed to reduce the use of deadly force by Border Patrol agents. Hours later, a Border Patrol agent shot and killed marijuana smuggler Luis Arambula, 31, as he fled on foot through an Arizona golf course. Arambula becomes the 20th person to die in US domestic drug law enforcement operations so far this year.

The killing is bound to put CBP's new use of deadly force policies to the test. According to the CBP's new handbook, the use of deadly force is authorized only when there is imminent danger of death or serious injury to the agent or someone else. Deadly force is not to be used "solely to prevent the escape of a fleeing subject," but can only be justified when the person "has inflicted or threatened to inflict serious physical injury or death" and the person's escape poses an imminent threat of serious injury or death to the agent or others.

But that doesn't appear to be the case with Luis Arambula. Border Patrol Agent Daniel Marquez shot him nine times as he ran through a golf course after his vehicle got stuck as he fled from agents. Agents had tried to pull him over on Interstate 19, but he didn't stop, instead getting off the highway, onto an access road and then a surface street into the golf course.

Two agents chased him on foot for a quarter mile, then Marquez opened fire. Agents claimed that Arambula made "punching out" motions with his arms, as if he were aiming a gun at that in a two-handed stance, but Pima County sheriff's deputies investigating the incident said Arambula was unarmed.

The Pima County Sheriff's Office is investigating the killing. We shall see how CBP handles this first challenge to its new deadly force policy.

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