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Rand Paul Files Crack Sentencing Reform Bill

Sen. Rand Paul (R-KY) last Thursday filed Senate Bill 2657 the RESET (Reclassification to Ensure Smarter and Equal Treatment) Act to eliminate the sentencing disparity between crack and powder cocaine. The potential 2016 GOP presidential contender unveiled the bill publicly the following day as he pitched his criminal justice reforms before an African-American audience at the National Urban League.

Rand Paul (congress.gov)
The bill would also reclassify some low-level federal drug possession offenses from felonies to misdemeanors. And it seeks to address the issue of drug weights in food items by clarifying that only the weight of the drug itself—not the weight of the food containing it—can be used in charging decisions, thus resulting in lesser charges for defendants.

As of early Tuesday morning, the text of the bill is not yet up on the congressional web site, but can be viewed here.

The 2010 Fair Sentencing Act reduced the crack/powder cocaine sentencing disparity from 100:1 to 18:1, but this bill would totally equalize the penalties by removing the sentencing enhancements for crack.

It's been a busy month for Paul when it comes to criminal justice matters. In addition to the RESET Act, he has also introduced an asset forfeiture reform bill and a medical marijuana amendment explicitly allowing states to set their own laws. And he also cosponsored, along with Sen. Cory Booker (D-NJ), another sentencing reform bill.

Washington, DC
United States

Pedestrian Killed in Drug Investigation Police Chase

An Ohio man walking to his job was struck and killed by a vehicle being driven at high speeds as it was being chased by police doing a drug investigation. Agyasi Ector, 27, becomes the 27th person to die in US domestic drug law enforcement operations so far this year.  

According to WDTN 2 TV News, citing law enforcement sources, Trotwood Police began chasing a vehicle "as a result of a drug operation." During the chase, the fleeing vehicle reached speeds of up to 100 mph, Captain John Porter said.

The vehicle crashed on Shiloh Springs Road near Olive Road, where Ector was walking. He was struck by the vehicle and killed.

The two men in the fleeing vehicle, who have not yet been identified, were treated for non-life-threatening injuries at a local hospital. Police said they face possible charges of murder and felonious assault.

Captain Porter said that despite the fatal result of the high-speed pursuit, police did everything right.

"It wasn’t the officer that crashed in this," he said. "It wasn’t the officer that lost control in this particular situation. We prepare the officers very specifically on policy and procedure, and as far as we can tell from our preliminary investigation, our officers followed all of those policies and procedures."

WDTN 2 TV News obtained a copy of the department's pursuit policy. It says pursuits should be called off if "the risk of continuing the pursuit is greater to the member and the community than the risk the suspect poses to the community if they escape."

Trotwood, OH
United States

Chronicle AM -- July 28, 2014

The New York Times comes out for marijuana legalization, a Florida poll finds majority support for it, Rand Paul introduces a bill to wipe out the crack/powder cocaine sentencing disparity, and more. Let's get to it:

The nation's "newspaper of record" wants to free the weed. (wikimedia.org)
Marijuana Policy

New York Times Editorial Board Calls for End to Federal Marijuana Prohibition. What is arguably the most influential and respected newspaper in the United States is ready to free the weed. In a Sunday editorial, the New York Times called forthrightly for the end of federal marijuana prohibition. "The federal government should repeal the ban on marijuana," the newspaper proclaimed. "We reached that conclusion after a great deal of discussion among the members of The Times's Editorial Board, inspired by a rapidly growing movement among the states to reform marijuana laws."

Alaska Legalization Initiative Backers File Campaign Finance Complaint Against Foes. The Campaign to Regulate Marijuana Like Alcohol in Alaska has filed a complaint with the Alaska Public Offices Commission charging that the "Big Marijuana, Big Mistake, Vote No on 2" campaign deceived the public trust when its campaign spokesperson, Kristina Woolston, said her employer, Northwest Strategies is donating its time to the campaign. State law requires that donations be filed as campaign contributions.

Florida Poll Finds 55% for Marijuana Legalization. A majority (55%) of Floridians are ready to legalize marijuana, a new Quinnipiac University poll has found. It looks to be a generational thing; 72% of people under 30 support it, but only 36% of people 65 and older do. The poll also had 88% support for medical marijuana.

More Michigan Towns to Hand in Local Decriminalization Initiative Signatures Tomorrow. Initiative organizers in Port Huron, Lansing, and Portage are preparing to hand in signatures for local decriminalization initiatives tomorrow. The Safer Michigan Coalition says organizers have already handed in signatures in 14 other towns: Frankfort, Huntington Woods, Mt. Pleasant, Pleasant Ridge and Utica; in prior weeks, they did so in Berkley, Grosse Pointe Park, Harrison, Hazel Park, Lapeer, Montrose, Oak Park, Onaway and Saginaw.

Santa Fe, New Mexican, Decriminalization Initiatives Comes Up Short on Signatures. A campaign to put a municipal decriminalization on the Santa Fe ballot in November has hit a bump. Only 3,569 of the 7,000 signatures it handed in were valid; it needs 5,763 to qualify. But campaigners still have more time to gather more.

Medical Marijuana

Bill to Allow Low-THC, High-CBD Medical Marijuana Filed in US House. Rep. Scott Perry (R-PA) today introduced a bill that would exempt low-THC, high-CBD marijuana from the federal Controlled Substances Act. The Charlotte's Web Medical Hemp Act is not yet available on the congressional web site.

Law Enforcement

Staten Island Narcs Are NYPD's Most Sued. Seven of the 10 most sued NYPD officers work out of a Staten Island narcotics unit, according to an analysis by the New York Daily News. Those Staten Island narcs account for 21% of the more than 600 cases filed against NYPD officers in the past decade. Taxpayers have shelled out more than $6 million to settle suits against them. Most of the suits against them allege false arrests for charges that are later dropped. Detective Vincent Orsini, who has been sued 21 times since 2003, with payouts of nearly $1.1 million, is the most-sued cop on the Island.

Sentencing

Rand Paul Introduces Bill to Eliminate Crack/Powder Cocaine Sentencing Disparity. Sen. Rand Paul (R-KY) last Thursday filed the RESET (Reclassification to Ensure Smarter and Equal Treatment) Act to eliminate the sentencing disparity between crack and powder cocaine. The 2010 Fair Sentencing Act reducing the disparity from 100:1 to 18:1, but this bill would totally equalize the penalties. The bill would also reclassify some low-level federal drug possession offenses from felonies to misdemeanors. It is not yet up on the congressional web site.

International

Gun Battles Continue in Northeast Mexico Across from US Border. Fighting between various Mexican drug cartel factions in the northeastern state of Tamaulipas continues. Gun battles in Reynosa, just across the Rio Grande River from McAllen, Texas, left six suspected cartel gun men dead, including at least one killed by Mexican marines.

New York Times: End Federal Marijuana Prohibition

What is arguably the most influential and respected newspaper in the United States is ready to free the weed. In a Sunday editorial, the New York Times called forthrightly for the end of federal marijuana prohibition.

"The federal government should repeal the ban on marijuana," the newspaper proclaimed. "We reached that conclusion after a great deal of discussion among the members of The Times's Editorial Board, inspired by a rapidly growing movement among the states to reform marijuana laws."

The Times's Editorial Board pondered whether to maintain federal prohibition while allowing the states to experiment with legalization, but decided that was not the best option.

"We considered whether it would be best for Washington to hold back while the states continued experimenting with legalizing medicinal uses of marijuana, reducing penalties, or even simply legalizing all use. Nearly three-quarters of the states have done one of these," the Times said. "But that would leave their citizens vulnerable to the whims of whoever happens to be in the White House and chooses to enforce or not enforce the federal law."

The social consequences of marijuana prohibition are "vast" and its result is "racist, falling disproportionately on young black men, ruining their lives and creating new generations of career criminals," the Times said.

Meanwhile, "the evidence is overwhelming that addiction and dependence are relatively minor problems, especially compared with alcohol and tobacco. Moderate use of marijuana does not appear to pose a risk for otherwise healthy adults. Claims that marijuana is a gateway to more dangerous drugs are as fanciful as the 'Reefer Madness' images of murder, rape and suicide."

Coming up with systems to regulate marijuana sales, production, and distribution is a "complex" task, "but those problems are solvable, and would have long been dealt with had we as a nation not clung to the decision to make marijuana production and use a federal crime," the Times said.

Bottom line? "We recognize that this Congress is as unlikely to take action on marijuana as it has been on other big issues. But it is long past time to repeal this version of Prohibition."

New York, NY
United States

Florida Man Killed in Drug Bust Gun Battle

A Belle Isle, Florida, man died Wednesday during a gun battle with undercover deputies trying to seize a package from his home. Giles Harrison Carter, 29, becomes the 26th person to die in US domestic drug law enforcement operations so far this year.

According to WOFL Fox 35 Orlando, citing police sources, undercover Orange County sheriff's deputies belonging to the department's narcotics unit were attempting to intercept a package from a home when Carter opened fire, then retreated inside his house. Deputies said he barricaded himself inside and continued to exchange gunfire with them.

"During the shooting, the deputies had some conversation with him [Carter]. They were identified," said Orange County Sheriff Jerry Demings during a news conference held on Wednesday afternoon. "He [Carter] had a handgun. At that point, the gun was pointed directly at them, is what I'm being told at this time. They fired at him, he retreated into the home and came back and fired another volley of rounds at the deputies."

Sheriff Demings did not say whether the undercover deputies "were identified" as such by Carter before that point.

An Orange County SWAT team was called in to rescue the deputies, who were "pinned down by the gun fire." After a brief conversation between Carter and the SWAT team, the team entered the home and reported finding him dead.

It's not clear whether Carter was shot by police or died at his own hand. Nor is it clear whether he was the intended recipient of the package or what was actually in it.

Carter, an Army veteran, had been arrested for possession of marijuana and drug paraphernalia last Friday. But other than that, he had no criminal record, his attorney in that case said.

"Mr. Carter is fairly new to the area, and he had previously been in the US military. He told me he was a veteran, and we were approaching the State Attorney's Office about avoiding prosecution completely and looking into a pre-trial diversion program to keep his record clean, so that he could obtain and maintain security clearances with the federal government," said attorney John Gihon. "Mr. Carter, he was a smart guy. He was intelligent and educated, and it really came across in the short time that I knew him. To find out now that he's dead; that's really a shock to me."

The Florida Department of Law Enforcement (FDLE) will conduct the deputy involved shooting investigation and the Orange County Sheriff's Office Professional Standards section will conduct an administrative review.

Belle Isle, FL
United States

Chronicle AM -- July 25, 2014

Wichita looks set to vote on decriminalization this fall, Rand Paul (busy, busy) files a federal asset forfeiture reform bill, drug users finally get a voice at the International AIDS Conference, and more. Let's get to it:

http://stopthedrugwar.org/files/KFC_logo2.jpg
Marijuana Policy

Wichita Decriminalization Initiative Campaign Turns in Twice the Necessary Signatures. Organizers of a decriminalization initiative signature-gathering campaign yesterday turned in 5,800 signatures to get the initiative on the November ballot. Kansas for Change needs 2,928 valid voter signatures to qualify. They turned in the signatures at 4:20pm.

Five People Ticketed for Marijuana Possession in First Week of DC Decriminalization Law. DC police have cited five people for marijuana possession in the week since the DC decrim law went into effect. Four of the five citations came in predominantly black areas of the city east of the Anacostia River. Last year, before decrim, police made about 11 marijuana possession arrests a day.

Poll: California Latinos Strongly Oppose Deportation for Marijuana Possession. A new poll from Latino Decisions and Presente.org finds that nearly two-thirds (64%) of California Latinos strongly oppose deporting non-citizens for marijuana possession. Marijuana possession is the fourth most common criminal offense leading to deportation, according to a 2012-2013 study by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.

Asset Forfeiture

Rand Paul Files Asset Forfeiture Reform Bill. Sen. Rand Paul (R-KY) has filed a bill to reform federal asset forfeiture laws. Yesterday, he introduced the FAIR (Fifth Amendment Integrity Restoration) ACT, Senate Bill 2644, which would require the government to prove with clear and convincing evidence that the property it wishes to forfeit is connected with a crime. The FAIR Act would also require that state law enforcement agencies abide by state law when seizing property. It would also remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General's Asset Forfeiture Fund to the Treasury's General Fund.

International

Drug Users Get a Voice at Global AIDS Conference. For the first time, a group of drug users has been allowed space at the International AIDS Conference, taking place this year in Melbourne, Australia. The International Network of People Who Use Drugs (INPUD) had a booth at the conference and also held a movie premiere event at the conference for the film, "We are Drug Users."

British National Survey Finds Slight Overall Increase in Drug Use. The number of drug users in Britain increased by 0.7% last year, according to the 2013 to 2014 Crime Survey for England and Wales. Some 8.8% of adults used drugs in the past year; 6.6% used marijuana. Cocaine was the second most commonly used drug, at 2.4%.

Guatemalan President Still Mulling Marijuana Legalization. President Otto Pérez Molina said in an interview in Washington yesterday that he hadn't ruled out the possibility of legalizing marijuana. "Right now we have a commission that's following what's been happening in Uruguay, Portugal, Holland, Colorado, and the state of Washington," he said. "I expect to receive the studies, analysis and recommendations at the end of the year and from there we will make the decisions that would best fit our country." Pérez Molina will be hosting an international conference on drug policy in Guatemala in September.

WOLA Releases Analysis of Ecuador Drug Policy Trends and Contradictions. The Washington Office on Latin America (WOLA) has published "Reforma y contradicciones en la politica de drogas de Ecuador." The report identified advances and blockages in Ecuador's path to a more progressive drug policy. Click on the link to read it in Spanish or use your translate button or wait a few days for WOLA's English version to read it in English.

Rand Paul Files Asset Forfeiture Reform Bill

Sen. Rand Paul (R-KY) has filed a bill to reform federal asset forfeiture laws. Yesterday, he introduced the FAIR (Fifth Amendment Integrity Restoration) ACT, Senate Bill 2644, which would require the government to prove with clear and convincing evidence that the property it wishes to forfeit is connected with a crime.

A modern form of highway robbery?
It also takes aim at state and local law enforcement agencies who evade state laws requiring that seized assets go into state general funds or other specified destinations by instead turning their seizures over to a federal agency, which delivers back 80% of the value of the seized goods to the local or state law enforcement agency involved.

The FAIR Act would require that state law enforcement agencies abide by state law when seizing property. It would also remove the profit incentive for forfeiture by redirecting forfeitures' assets from the Attorney General's Asset Forfeiture Fund to the Treasury's General Fund.

"The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime. The FAIR Act will ensure that government agencies no longer profit from taking the property of U.S. citizens without due process, while maintaining the ability of courts to order the surrender of proceeds of crime," Sen. Paul said.

The bill has been referred to the Senate Judiciary Committee. As of today, it has no cosponsors.

Washington, DC
United States

Chronicle AM -- July 24, 2014

There's dollar signs coming with marijuana legalization laws, Rand Paul moves to protect medical marijuana, but it's too late for one New York girl, there's a new opiate pain reliever out there (with a twist), and more. Let's get to it:

Chilean Senator Isabel Allende Bussi wants to legalize marijuana possession and cultivation. (wikimedia.org)
Marijuana Policy

Oregon Marijuana Legalization Could Generate $38.5 Million in Taxes in First Year, Report Says. An economic study commissioned by New Approach Oregon, the people behind the marijuana legalization initiative just approved for the November ballot, finds that legalization would produce $38.5 million in tax revenues in its first year.

Medical Marijuana

Rand Paul Files Medical Marijuana Amendment. US Senator Rand Paul (R-KY) today filed an amendment to Senate Bill 2569, the "Bring Jobs Home Act," that would explicitly allow states to pass medical marijuana laws despite the provisions of the federal Controlled Substances Act. The amendment would also bar prosecutions of patients and doctors for engaging in medical marijuana activities in states where it is legal.

New York Poster Child for Medical Marijuana Dies Without Her Medicine. Nine-year-old Anna Conte, whose family has been at the center of the Empire State medical marijuana debate, has died without ever gaining access to marijuana medicines that may have alleviated her condition. Conte suffered from Dravet Syndrome, which caused her to suffer hundreds of crippling seizures every day. The state passed a medical marijuana law last month, but it won't go into effect for another year and a half.

Minnesota Names Medical Marijuana Director. The state Department of Health has named department employee Michelle Larson the first-ever director of the Office of Medical Cannabis. She is charged with managing the office's staff and creating and implementing administrative policies for things like an application process for a manufacturer and a patient registry. The state's law limits medical marijuana to eight specified diseases or conditions and does not allow for the use of smoked marijuana.

Prescription Opiates

FDA Approves Oxycodone/Naloxone Combo Pain Reliever. The Food and Drug Administration (FDA) has approved a new opioid pain reliever that combines oxycodone and naloxone. Targiniq ER, produced by Purdue Pharma, the maker of Oxycontin, included naloxone to block the euphoric effects of oxycodone, making it less likely to be misused.

International

Poll Finds Strong Australian Majority for Medical Marijuana. A new ReachTel survey finds that nearly two-thirds of respondents support legalizing medical marijuana. Support was highest among people between 51 and 65. The poll comes as New South Wales inches toward approving medical marijuana.

Chilean Senators Propose Legalizing Marijuana Possession, Cultivation. Four Chilean senators have introduced a bill that would legalize the possession and cultivation of small amounts of marijuana for personal use, as well as for "therapeutic and spiritual reasons." The legislators include Sen. Isabel Allende Bussi, daughter of Salvador Allende, who died in the midst of a rightist military coup to overthrow him in 1973, and Juan Pablo Letelier, the son of Orlando Letelier, a Chilean politician assassinated by the Pinochet government in Washington, DC, in 1976.

Rand Paul Files Medical Marijuana Amendment

US Senator Rand Paul (R-KY) today filed an amendment to Senate Bill 2569, the "Bring Jobs Home Act," that would explicitly allow states to pass medical marijuana laws despite the provisions of the federal Controlled Substances Act. The amendment would also bar prosecutions of patients and doctors for engaging in medical marijuana activities in states where it is legal.

Rand Paul (congress.gov)
The amendment, No. 3630, is not yet available on the congressional web site, but a copy has been made available to the Chronicle.

"Notwithstanding section 708 of the Controlled Substances Act or any provisions of law (including regulations), a State may enact and implement a law that authorizes the use, distribution, possession, or cultivation of marijuana for medical use," the amendment says.

"No prosecution may be commenced or maintained against any physician or patient for a violation of Federal law (including regulations) that prohibits the conduct described in subsection (b) [Ed.: The paragraph above.] if the State in which the violation occurred has in effect a law described in subsection (b) before, on, or after the date on which the violation occurred."

The amendment then lists the 32 states and the District of Columbia that have laws allowing for the use of medical marijuana, including some that only allow for the use of low-THC, high-CBD cannabis oils.

Senate Bill 2569 was introduced in the Senate earlier this month.

Washington, DC
United States

Medical Marijuana Update

Medical marijuana takes another step toward self-regulation, patients and supporters rally for a fired Arizona medical marijuana researcher, Illinois expands its medical marijuana program, and more. Let's get to it:

National

On Wednesday, a national herbal medicine industry group issued guidelines for medical marijuana manufacturers. The American Herbal Products Association (AHPA) released medical marijuana manufacturing guidelines, completing its compendium of industry standards. The guidelines complement those set by American Herbal Pharmacopoeia (AHP) for the plant's identity, purity, quality and botanical properties.

Arizona

On Monday, a state court judge ruled that patients can sell to other cardholders. A Pima County Superior Court judge has thrown out charges against a medical marijuana patient who offered plants for sale to other cardholders for a $25 "donation," holding that the state's medical marijuana law is vague and can be interpreted as allowing for such activities. So far the ruling only applies to the case at hand, but local prosecutors have vowed to appeal, and a higher court ruling (favorable or otherwise) would set precedent statewide.

On Tuesday, veterans gathered at the University of Arizona to demand reinstatement of a medical marijuana researcher. The veterans gathered at the UA College of Medicine in Phoenix to protest the firing and demand the reinstatement of Dr. Sue Sisley, who was set to do FDA-approved research into medical marijuana for veterans with PTSD before she was fired. Sisley accuses political opponents of medical marijuana of being responsible for her termination.

On Wednesday, the campaign to reinstate medical marijuana researcher Dr. Sue Sisley picked up steam. Veterans rallied yesterday at the University of Arizona College of Medicine in Phoenix in support of the medical marijuana researcher, who says she was fired because of political opposition to her research on the use of medical marijuana for PTSD in veterans. A Change.org petition seeking her reinstatement now had over 67,000 signatures (30,000 of them from Tuesday alone) and a there is also a Facebook page supporting her.

Arkansas

On Monday, the state attorney general rejected the wording of a medical marijuana initiative. Attorney General Dustin McDaniel has rejected the wording of an initiative aimed at putting medical marijuana on the 2016 ballot. The initiative is sponsored by Arkansans for Compassionate Care, which tried unsuccessfully to get a similar initiative on the ballot this year.

California

Last Wednesday, a Northern California congressman called on federal prosecutors to go after "trespass" marijuana growers, not people complying with state law. US Rep. Jared Huffman (D-CA) sent a letter Wednesday to Northern California US Attorney Melinda Haag urging her "to focus prosecutorial and enforcement resources on trespass marijuana growers, not low-level marijuana offenders complying with state law." Hoffman called "trespass" growers "the greatest emerging threat to public safety and environmental health" in Northern California. Click on the link to read the letter in its entirety.

Last Friday, a Kern County judge ruled that a collective can appeal a court decision overturning the county's Measure G dispensary ordinance. Superior Court Judge Kenneth Twisselman ruled that the Highway 99 Collective can appeal his earlier ruling that Measure G violated state environmental laws. Highway 99 was the only collective to comply with Measure G and had been cleared to operate under the restrictive ordinance.

On Monday, the San Bernardino city attorney called on the city council to begin studying ways of enforcing its dispensary ban -- including by allowing a small number of dispensaries. City Attorney Gary Saenz acknowledged the "futility and high cost" of attempting to eradicate dispensaries and suggested the council "move the distribution of medical marijuana from the black market to the regulated market."

On Monday, the San Jose city clerk reported that a signature-gathering campaign to protect the city's dispensaries had fallen short. That means most of the city's 80 dispensaries will have to close by next July. A restrictive ordinance passed by the city council last month limits them to less than 1% of the city's parcels.

Illinois

On Sunday, the governor signed a bill to expand access to medical marijuana. Gov. Pat Quinn (D) yesterday signed into law a bill that will expand the state's medical marijuana program by allowing people with seizure disorders to use it and by allowing minors to participate in it with parental consent. The measure is Senate Bill 2636.

New Mexico

Last Thursday, the state backed off on proposed changes to the medical marijuana program. The state Department of Health announced last Thursday that it will not move forward with proposed rule changes that included limiting the number of plants patients could grow and requiring criminal background checks for patient growers. The department said there will likely be another hearing for public comments before new rules are finalized this fall.

New York

Last Thursday, a state-level medical marijuana business alliance was formed. Albany-area medical marijuana lobbyists have formed a business alliance to jointly fight for their interests. The group is called the Medical Cannabis Industry Alliance of New York. Members will include growers, advocates, real estate interests, and other businesses associated with medical marijuana.

Washington

Last Thursday, the UFCW said it would start representing Washington medical marijuana workers. The United Food and Commercial Workers (UFCW) Local 367 announced this week that it expects to represents workers at a Puyallup medical marijuana collective. The UFCW represents a variety of retail, food processing, manufacturing, and production workers, but has also been active in the medical marijuana industry and has a Cannabis Workers Rising campaign, especially in California, where it has organized numerous work sites.

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

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