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Chronicle AM: Kratom Ban Delayed (But Still Coming), Mad Drug Arrest Binge in Indy, More... (9/30/16)

California's governor signs asset forfeiture reform and medical marijuana "micro farmer" bills, a Massachusetts town pays out big time for killing an elderly black man in a drug raid, Indianapolis narcs have arrested 1,000 people in two and a half months and think that's success, and more. 

Eurie Stamps. Killed in a 2011 drug raid; now his family wins a $3.75 million settlement. (Stamps family)
Marijuana Policy

Another California Poll Has Prop 64 Winning. A new KPIX 5/Survey USA poll has the Prop 64 legalization initiative winning with 52% of the vote, with 41% opposed. It's the latest in a long line of polls that show the initiative winning, but has it winning by a smaller margin than most other polls.

Medical Marijuana

California Governor Signs Marijuana "Micro Farmer" Bill. Gov. Jerry Brown (D) Thursday signed into law the Cottage Cannabis Farmers Bill, Assembly Bill 2516. The measure creates a new medical marijuana cultivator license for "micro farmers," defined as farms with 2,500 square feet or less of total canopy size for mixed-light cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises.

Kratom

DEA Ban Delayed, But Only for Days. The DEA says that despite loud protests, it's proposed emergency ban on kratom is still coming; it's just been delayed for a few days as the agency deals with paperwork. It was supposed to become Schedule I Friday, but the reprieve could last a week or more. A DEA spokesman said it's "highly accurate" to say the ban won't take effect next week, either.

Asset Forfeiture

California Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Jerry Brown (D) Thursday signed into law Senate Bill 443, which requires a criminal conviction before police can permanently seize property valued at under $40,000. Bill sponsor Sen. Holly Mitchell (D-Los Angeles) sponsored a similar bill last year, but it failed after law enforcement grumbled that it would make it more difficult to go after big drug dealers. Police dropped their opposition after Mitchell agreed to the $40,000 threshold.

Law Enforcement

Family of Massachusetts Man Killed in SWAT Drug Raid Awarded $3.75 Million. The town of Framingham has agreed to pay $3.75 million to settle a lawsuit in the death of Eurie Stamps, 68, who was shot and killed by a Framingham police officer as he laid on the floor of his home complying with officers' demands. It was the killing of Stamps that inspired the Chronicle's tracking of drug war deaths, a work now in its sixth year.

Federal Bill to Require Police Reporting of Deaths and Injuries Filed. Rep. Mark Veasey (D-TX) has filed HR 6217, which would "require States and units of local government to have in place laws requiring law enforcement officers to submit ...... reports when an individual is injured or killed by such a law enforcement officer in the course of the officer’s employment as a condition on receiving certain grant funding, and for other purposes. Currently, there is no federal database on law enforcement killing or injuring suspects.

Indianapolis Narcs on Mad Arrest Binge. A newly formed Indianapolis Metropolitan Police Department drug unit has arrested more than 1,000 people in the past two and half months. Local media is calling it a "success" and IMPD Chief Troy Riggs vowed that more of the same was coming. "We're not backing off," he said. "This is the new normal."

Chronicle AM: Chelsea Clinton "Misspoke" on Danger of Pot Fatalities, NYC Ponders Safe Injection Sites, More... (9/29/16)

No, medical marijuana doesn't kill patients, Chelsea Clinton's spokeswoman admits; New York City is about to embark on a study of supervised injection facilities, and more.

The InSite supervised injection facility in Vancouver. New York City will study whether to have them, too. (vch.ca)
Medical Marijuana

Chelsea Clinton "Misspoke" About Risk of Marijuana Fatalities. Chelsea Clinton "misspoke" when she suggested that using medical marijuana along with other medications could be fatal, a spokeswoman has conceded. "While discussing her and her mother’s support for rescheduling marijuana to allow for further study of both its medical benefits and possible interactions with other medications, Chelsea misspoke about marijuana’s interaction with other drugs contributing to specific deaths," the spokeswoman said. While campaigning for her mother, the former first daughter told students at Youngstown State University in Ohio over the weekend that "some of the people who were taking marijuana for those [medicinal] purposes, the coroner believes, after they died, there was drug interactions with other things they were taking."

Harm Reduction

New York City to Study Supervised Injection Facilities. The city council has agreed to fund a $100,000 study into the pros and cons of supervised injection facilities. "The Council's new supervised injection impact study will assess the feasibility and impact of New York City having a program that provides a safe, clean haven to high-risk, vulnerable New Yorkers and will help prevent drug overdoses and disease transmissions,"Council Speaker Melissa Mark-Viverito said after passage of the proposal.

Law Enforcement

GOP Congressman’s Bill Would Subject Heroin Spiked with Fentanyl Dealers to the Death Penalty. Rep. Tom Reed (R-NY) has filed a bill that would allow federal prosecutors to seek the death penalty for dealers linked to an overdose death caused by heroin laced with fentanyl.  The measure is HR 6158, the Help Ensure Lives are Protected (HELP) Act. The move was quickly criticized by drug reform advocates. "This bill is a doubling down on the very ineffective, harsh and punitive policies that characterized the early war on drugs and which have widely been proven ineffective at reducing drug use," said Lindsay LaSalle, senior staff attorney for Drug Policy Alliance. 

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

Medical Marijuana Update

No medical marijuana for Missouri this year, polling looks good for the Florida initiative and tense for competing Arkansas initiatives, Colorado moves toward adding PTSD as a qualifying condition, and more.

Arkansas

Last Thursday, the state's highest court threw out a challenge to a medical marijuana initiative. The state Supreme Court has rejected a bid to throw the Arkansas Medical Cannabis Act (Question 7) off the November ballot. Foes had challenged the initiative's ballot language, but the high court said they had not proven it was insufficient. Two court challenges remain, one against Question 7 and one against the Arkansas Medical Marijuana Amendment (Question 6), both of which have qualified for the ballot.

On Sunday, Aa new poll showed a tough fight ahead for medical marijuana initiatives shows the Arkansas Medical Marijuana Amendment (Issue 6) with 36% in support, 53% opposed, and 11% undecided. "Arkansas voters do appear to distinguish between the two medical marijuana proposals, according to our survey," said pollster Roby. A Florida Chamber of Commerce poll has 73% of voters favoring the Amendment 2

Missouri

Last Wednesday, the medical marijuana initiative lost its bid to make the ballot about 2,000 signatures short of qualifying.

Missouri Medical Marijuana Initiative Will Not Make November Ballot. A Cole County circuit court judge has ruled against overturning petition signatures ruled invalid by local officials. New Approach Missouri came out just shy of valid signatures after local election officials denied about 10,700 signatures, leaving their initiative about 2,000 signatures short of qualifying.

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

This Week's Corrupt Cops Stories

A Texas border town cop gets nailed for helping a cartel, an Indiana cop prepares to head to federal prison for peddling dope in uniform, and more. Let's get to it:

In Lawton, Oklahoma, a Lawton Correctional Facility guard was arrested last Wednesday for smuggling methamphetamine into the prison. Darnell Buckley apparently ratted himself out, showing Lawton police where he had hidden 204 grams of speed. He also admitted that he was being paid money to smuggle the drugs in. He is charged with trafficking illegal drugs.

In Rio Grande City, Texas, a Rio Grande City police detective was arrested last Thursday for allegedly helping a drug cartel smuggle hundreds of pounds of marijuana into the US over a period of years by staging fake drug busts. Detective Ramon De La Cruz allegedly conspired with the Beltran Cartel to stage drug seizures and provide confidential police information to the gang. De La Cruz would allegedly set up busts where only some of the stash was seized, letting the rest get away.

In Brewton, Alabama, a Holman Correctional Facility guard was arrested Sunday for trying to smuggle illegal contraband into the prison. DeJuan Rudolph, 25, got caught with drugs, cell phones, and other contraband as he came to work. He is charged with trafficking cocaine, possession of a controlled substance, unlawful possession of marijuana, attempting to commit a controlled substance crime, and use of a position for personal gain.

In Indianapolis, a former Anderson police officer was sentenced Monday to eight months in federal prison for selling drugs while on duty and in uniform. Donald Jordan had been charged with one count each of possession with intent to distribute Xanax and hydrocodone and pleaded guilty. He went down last December following a year-long investigation after he sold drugs to a snitch and an undercover FBI agent.

Chronicle AM: CA "Doctor Shopping" Law, Strong FL MedMJ Polling, Iran Executions More... (9/28/16)

The polls are looking good in Florida and Massachusetts, California's governor signs a mandatory prescription monitoring bill, Iran executes more drug offenders, and more.

Marijuana Policy

California Nurses Endorse Legalization Initiative. The California Nurses Association has formally endorsed the Prop 64 legalization initiative. "California Nurses believe strongly that the prohibition and criminalization of marijuana has ruined generations of lives, wasted hundreds of millions of taxpayer of dollars and failed to protect the public health and safety, "Deborah Burger, the organization's president said in a prepared statement Tuesday. "On balance, Proposition 64 is significantly better for public health and safety than the broken status quo, and we are pleased to endorse it,"she added. The California Medical Association has also endorsed Prop 64; the California Hospitals Association opposes it.

Massachusetts Legalization Initiative Favored in New Poll. A new WBZ-TV/UMass Amherst poll has the Question 4 legalization initiative favored by 53% of respondents, with 40% opposed and 7% undecided. Of demographic groups, only voters over 55 and self-described conservatives opposed the measure.

Medical Marijuana

Florida Medical Marijuana Initiative Cruising to Victory in New Poll. A Florida Chamber of Commerce poll has 73% of voters favoring the Amendment 2 medical marijuana initiative, with only 22% opposed. Because it is a constitutional amendment, the initiative needs 60% to pass, but it is polling well beyond that.

Heroin and Prescription Opioids

California Governor Signs Prescription Monitoring Bill into Law. Gov. Jerry Brown (D) Tuesday signed into law Senate Bill 482, aimed at preventing "doctor shopping." The new law requires doctors to check a database of prescription drug prescriptions before writing prescriptions for potentially addictive drugs. The state already has an electronic prescription database, but until now it's use has been optional. The new law will go into effect in six months.

International

Iran Hangs Five More Drug Offenders. Iranian authorities executed four drug prisoners at Tabriz Central Prison on Saturday and one more at Taybad Prison on Sunday. Their names were Abdolkarim Bapiri, Mehdi Molaie, Salah Ghaderian, Ali Mohtabipour, and Hadi Oskouie. In recent years, Iran has executed hundreds of drug offenders each year.

The Charlotte Killing That Sparked Civic Unrest Began With a Joint

The chain of events that led to the death of Keith Lamont Scott at the hands of Charlotte Metropolitan Police Department (CMPD) officers and days of civic unrest in North Carolina's largest city began with a joint, Charlotte police said Saturday.

the fateful, fatal joint (CMPD)
That makes Scott the 38th person to die in domestic drug law enforcement operations so far this year.

In an official statement posted on the CMPD's Facebook page and during a press conference last Saturday afternoon announcing that the department was releasing some police body- and dash-cam videos of the fatal encounter, Charlotte police laid out a timeline of what occurred:

Two plain clothes officers were sitting inside of their unmarked police vehicle preparing to serve an arrest warrant in the parking lot of The Village at College Downs, when a white SUV pulled in and parked beside of them.

The officers observed the driver, later identified as Mr. Keith Lamont Scott, rolling what they believed to be a marijuana "blunt." Officers did not consider Mr. Scott's drug activity to be a priority at the time and they resumed the warrant operation. A short time later, Officer Vinson observed Mr. Scott hold a gun up.

Because of that, the officers had probable cause to arrest him for the drug violation and to further investigate Mr. Scott being in possession of the gun.

Due to the combination of illegal drugs and the gun Mr. Scott had in his possession, officers decided to take enforcement action for public safety concerns…

And Keith Scott ended up dead. According to his family, he was in his vehicle waiting for his son to get off the school bus. But because he was rolling a joint while waiting, and because police just happened to be engaged in an operation nearby, he caught the attention of the cops.

Even when police said they saw him hold up a gun, they used the joint-rolling as probable cause to investigate the presence of the gun. If not for marijuana prohibition, the whole unraveling of events, with dire consequences for Keith Scott, and lamentable ones for the city of Charlotte, most likely would never have occurred.

Charlotte, NC
United States

Chronicle AM: OR Top Cops Want Defelonization, SC County Wants to Jail Overdosers, More... (9/27/16)

NORML updates its congressional scorecard, Bay State legalizers cry foul over a misleading voter guide, the number of babies suffering from opioid withdrawals has jumped dramatically, Oregon top cops want to defelonize simple drug possession, and more.

Oregon sheriffs and police chiefs jointly call for defelonizing simple drug possession. (Creative Commons)
Marijuana Policy

NORML Releases Updated and Revised 2016 Congressional Scorecard. To mark national Voter Registration Day, NORML has released its updated and revised guide to members of Congress. The guide gives letter grades to our representatives based on the comments and voting records. Only 22 of the 535 senators and congressmen got "A" grades, while 32 members got an "F" grade.

Massachusetts Legalizers Cry Foul Over State-Issued Voter Guide. Campaigners behind the Question 4 legalization initiative say a state-issued guide sent to voters across the state inaccurately describes the fiscal consequences of the measure. The guide says they are "difficult to project due to lack of reliable data" and cites a report from a committee headed by a top opponent of legalization to the effect that taxes and fee revenues from legal marijuana sales "may fall short of even covering the full public and social costs. The Yes on 4 campaign points out that there is "reliable data" from legal marijuana states and that those states have easily covered administrative and other expenses.

Heroin and Prescription Opioids

Study: Number of Babies Born Suffering Withdrawal Symptoms More Than Doubles in Four Years. Researchers studying neonatal abstinence syndrome, which results from withdrawal from opioids to which fetuses were exposed in utero, report that the incidence of the syndrome has jumped from 2.8 cases per thousand live births in 2009 to 7.3 cases in 2013. At least some of the surge may be a result of drug policies aimed at cracking down on prescription drug use. "The drug policies of the early 2000s were effective in reducing supply -- we have seen a decrease in methamphetamine abuse and there have been reductions in some aspects of prescription drug abuse," said lead study author Dr. Joshua Brown. "However, the indirect results, mainly the increase in heroin abuse, were likely not anticipated and we are just starting to see these." The researchers also noted wide variations by state, from 0.7 cases per thousand in Hawaii to 33.4 cases in West Virginia.

New Psychoactive Substances

Bill to Criminalize More New Synthetics Passes House. A bill sponsored by Rep. Charlie Dent (R-TX) to add several new synthetic cannabinoids and opioids to the Controlled Substances Act passed the House Monday. The measure, HR 3537, now goes to the Senate.

Law Enforcement

Oregon Law Enforcement Calls for Defelonizing Drug Possession. The Oregon Association of Police Chiefs and the Oregon State Sheriff's Association have jointly called for people caught with "user amounts" of illegal drugs to face misdemeanor charges -- not felonies -- and be sent to treatment. Elected officials and prosecutors should "craft a more thoughtful approach to drug possession when it is the only crime committed," the top cops said, because felony charges "include unintended and collateral consequences including barriers to housing and employment and a disparate impact on minority communities."

South Carolina County Ponders Mandatory Jail Time for People Who Overdose. The chairman of the county council in Horry County, where Myrtle Beach is located, has inquired during a council meeting about whether to make people who suffer opioid overdoses spend three days in jail. Chairman Mark Lazarus would also like to see mandatory drug treatment required. He added that jailing people who overdose wouldn't discourage them from getting medical help because they're usually unconscious and someone else calls for emergency assistance.

Chronicle AM: Initiative Polls in AR/CA/ME, Marijuana Arrests at 20-Year Low, More.. (9/26/16)

Polls show thing looking good for marijuana legalization efforts in California and Maine, tight for medical marijuana in Arkansas, possession arrests hit a 20-year-low, and more.

Marijuana Policy

California Poll Has Prop 64 Support at 60%. The latest Field Poll has the Prop 64 legalization initiative winning handily with 60% of the vote. That's roughly in line with other recent polls, all of which have had it above 50%. The Field poll surveyed likely voters. Among demographi groups, only Republicans and conservatives opposed the initiative.

Maine Poll Has Legalization Initiative Leading. A new poll from the University of New Hampshire Survey Center has the Question 1 legalization initiative with 53% support, 38% opposed, and 10% undecided. The poll surveyed likely voters.

Massachusetts Congressman Endorses Legalization Initiative. Rep. Seth Moulton (D-Salem) has bucked the trend among Bay State politicos and come out in support of the Question 4 legalization initiative. "Let's not kid ourselves -- people are using marijuana," he said. "The problem is now that it operates in the shadows. There's no control. We really have an obligation to regulate it and make it as safe as possible."

Wyoming Legislators Ponder Lowering Marijuana Penalty. In off-season discussions, the Joint Judiciary Committee is proposing to make first-offense marijuana possession a misdemeanor, but would make subsequent offenses felonies. The proposal isn't set in stone; a subcommittee is now charged with writing a more detailed one.

Medical Marijuana

Arkansas Poll Shows Tough Battle for Medical Marijuana Initiatives. A new poll from KATV shows the Arkansas Medical Marijuana Amendment (Issue 6) with 49% in support, 43% against, and 8% undecided and the Arkansas Medical Cannabis Act (Issue 7)with 36% in support, 53% opposed, and 11% undecided. "Arkansas voters do appear to distinguish between the two medical marijuana proposals, according to our survey," said pollster Roby Brock. "With legal challenges remaining, high-profile opposition, and the possibility of national groups spending money in support of the issue, these proposals may be the most contested on the November ballot."

Drug Policy

Marijuana Arrests at 20-Year Low, But Other Drug Arrests Take Up the Slack. While still occurring at a rate of nearly one a minute, simple pot possession arrests have fallen to the lowest number since 1996, just under 575,000. That's a 25% decline from just nine years ago, when they totaled just under 800,000. Marijuana arrests now account for just 43% of all drug arrests, down from 52% in 2010. There were some 928,000 drug arrests overall last year, which is a nearly 14% decline from a decade ago. These numbers are from the FBI's annual Uniform Crime Report released Monday.

Donald Trump's Bizarre Explanation for Charlotte Unrest: "Drugs"

This article was produced in collaboration with AlterNet and first appeared here.

Donald Trumps blames unrest in Charlotte on "drugs." (Gage Whitmore/Wikipedia)
Donald Trump's efforts to reach out to the black community took yet another stumble-footed turn Thursday when he went off-script to blame the unrest shaking Charlotte this week not on police violence or racial inequality, but drugs.

"If you're not aware, drugs are a very, very big factor in what you're watching on television," the GOP contender claimed. He offered no evidence to support his claim.

Charlotte is only the latest American city to see outbreaks of street violence amid protests over the police killings of black men. In this case, it was the gunning down of Keith Scott Tuesday by an undercover Charlotte police officer. Scott's family maintains he was unarmed and holding only a book, while police say he was armed and they recovered a weapon at the scene. Police have so far refused to release body-cam video of the killing.

Casually blaming "drugs" for the community anger over the Scott killing is in line with Trump's effort to portray himself as a "law and order" candidate who will protect the black community. But that's a tough sell in minority areas where relations with police are, to put it mildly, fraught.

Trump is trailing Hillary Clinton by roughly 80 percentage points among African-American voters, and this is just the latest off-kilter attempt to woo them. Telling them they live in blighted communities hasn't worked, telling them they're living in the worst time ever for black Americans hasn't worked, relying on the likes of Don King hasn't worked. Blaming the unrest in Charlotte on "drugs" is unlikely to turn the tide, either.

But Trump is trying to make that "law and order" appeal.

"There is no compassion in tolerating lawless conduct. Crime and violence is an attack on the poor, and will never be accepted in a Trump Administration," he said at the beginning of remarks to the Shale Insight Convention. "Our job is not to make life more comfortable for the violent disrupter, but to make life more comfortable for the African-American parent trying to raise their kids in peace, to walk their children to school and to get their children a great education. We have to cherish and protect those people."

But then he ad-libbed his "drugs" remark, once again stereotyping the black community and contributing to the suspicion that his efforts to reach out to African-Americans are really aimed not at winning black votes but at convincing moderate Republicans and independents that he's not a racist.

And he followed up with a shoutout to law enforcement. He praised police for risking their lives, although he did acknowledge that they could make mistakes.

"Police are entrusted with immense responsibility, and we must do everything we can to ensure they are properly trained, that they respect all members of the public, and that any wrongdoing is always vigorously addressed," Trump said. "But our men and women in blue also need our support, our thanks, and our gratitude. They are the line separating civilization from total chaos."

And drugs.

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

Chronicle AM: DEA Issues Carfentanil Warning, Malaysia to Hang Man for MJ Trafficking, More... (9/23/16)

The DEA issues a warning on a powerful emerging opioid, Michigan marijuana legalizers turn their eyes to 2018, Malaysia sentences a man to death for pot dealing, and more.

Marijuana Policy

This Year's Legalization and Medical Marijuana Initiatives Could Add $7.8 Billion to US Economy. A new report highlighting the rush of capital into the legal pot business estimates that expanding the legal marijuana market into the states that have initiatives on the ballot this year could add $7.8 billion to the nation's economy by 2020. The report is from New Frontier Data and Arcview Market Research. The report said legalization could generate a billion in taxes in California alone.

Undaunted Michigan Legalizers Lay Plans for 2018. After losing their battle in the courts to get all their signatures counted, the folks at MI Legalize are already gearing up for 2018. The group turned in 354,000 signatures for this year, but some were not counted because they were gathered outside a 180-day window. The group said is going to restructure itself in preparation for another petition drive.

Heroin and Prescription Opioids

DEA Issues Carfentanil Warning to Police and Public. "DEA has issued a public warning to the public and law enforcement nationwide about the health and safety risks of carfentanil. Carfentanil is a synthetic opioid that is 10,000 times more potent than morphine and 100 times more potent than fentanyl, which itself is 50 times more potent than heroin. DEA, local law enforcement and first responders have recently seen the presence of carfentanil, which has been linked to a significant number of overdose deaths in various parts of the country. Improper handling of carfentanil, as well as fentanyl and other fentanyl-related compounds, has deadly consequences," a DEA press release said.

Drug Policy

Sen. Leahy Files Bill to Fund Heroin and Methamphetamine Task Forces. Sen. Patrick Leahy (D-VT) has filed S 3359, which would allocate $17 million a year in grants to state law enforcement to fund drug task forces aimed at heroin, prescription opioid, and methamphetamine trafficking.

International

Dutch Moving Toward Allowing Legal Marijuana Cultivation. Draft legislation that would regulate legal marijuana cultivation now appears to have backing from a majority of members of parliament. The bill had been pushed by the liberal D66 Party, with backing from Labor, Green Links, the Socialists, and an animal rights party. That was not quite enough. But now, two MPs who left the anti-Islamic PVV to form their own breakaway party say they will support the measure, and that should be enough to pass it. Stay tuned.

Malaysia Sentences Unemployed Man to Death for Marijuana Trafficking. The High Court in Kuala Lumpur Friday sentenced Ibrahim Musa Rifal, 32, to be hanged after he was convicted of trafficking about 20 pounds of marijuana. Under the country's 1952 Dangerous Drugs Act, such a charge carries a mandatory death sentence.

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