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Holding Motorists on Highway to Await Drug Dog Searches Not OK, Supreme Court Rules

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

In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures.

In the decade since the Supreme Court held in Illinois v. Cabellas that a drug dog sniff of a vehicle that did not extend a traffic stop was not a search under the meaning of the Fourth Amendment, law enforcement agencies across the country have routinely detained drivers on the roadside awaiting arrival of a drug dog, then used drug dog alerts as "probable cause" to allow vehicle searches.

The practice left motorists in a legal limbo where there was no actionable cause to detain them, but they were not free to be on their way. Today's ruling from the Supreme Court says that is not okay.

Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely -- the ostensible reason for the stops.

"A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said.

Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote.

"A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said.

The ruling came in Rodriguez v. US, in which Dennys Rodriguez had been pulled over in Nebraska for a traffic infraction. He was issued a warning ticket for driving on the shoulder of the road, but then made to wait on the roadside for the arrival of a drug dog 10 minutes later. After the drug dog alerted, his vehicle was searched, methamphetamine was found, and he was charged and convicted.

While the decision is a boon to motorists, it's not a get-out-of-jail-free card for Rodriguez. The evidence derived from the drug dog search has been thrown out, but his case remanded to the lower courts, prosecutors will still have a chance to try to prove there was other reasonable suspicion to think he was carrying drugs.

Chronicle AM: Obama on MedMJ; Chicago, NYC Drug Policy Reform Moves, CA Legalization Funds Begin to Flow, More (4/20/15)

The president suggests he could get behind congressional medical marijuana efforts, a second California legalization initiative has been filed, Weedmaps puts up $2 million for legalization, two of the nation's largest cities are moving toward drug reform, and more. 

President Obama has some encouraging words about medical marijuana. (whitehouse.gov)
Marijuana Policy

Alaska Marijuana Control Board Bill Passes. The state Senate last Saturday approved House Bill 123, which would create a Marijuana Control Board. It had already passed the House, but now needs to go back for a concurrence vote after the Senate made changes in the bill. But House Bill 75, which would allow for municipal regulation got stalled on a tie vote. Senate Majority Leader John Coghill (R-North Pole) has asked that the bill be held for reconsideration, and the Senate will again take it up before the session ends.

Weedmaps Kicks In $2 Million for California Legalization Efforts. The marijuana store locator app company has donated $1 million to Californians for Sensible Reform, a campaign committee that says it will back the strongest legalization initiative next year. And it's matched that with another $1 million to Californians for Sensible Reform PAC, which says it will support marijuana-friendly candidates.

Second California Legalization Initiative Filed. Proponents of an open-source legalization initiative, the Marijuana Control, Legalization and Revenue Act of 2016 (MCLR), filed the effort with state officials in Sacramento today. The effort is being spearheaded by Americans for Policy Reform, which includes San Jose dispensary operator Dave Hodges and Sebastopol marijuana attorney Omar Figueroa, among others. Figueroa is also one of two proponents for another legalization initiative, the California Craft Cannabis Act, filed last week. More proposed initiatives are expected to follow. The recommended deadline for beginning signature-gathering is in early July. Stay tuned.

Medical Marijuana

Obama Suggests Support for Senate Medical Marijuana Bill. In an interview aired Sunday night on CNN's Weed 3 special with Dr. Sanjay Gupta, Gupta asked the president if he would get behind the CARERS Act, which would reschedule marijuana and allow states with medical marijuana laws to proceed without threat of federal punishment. "You know, I think I’d have to take a look at the details," Obama replied, "but I’m on record as saying that not only do I think carefully prescribed medical use of marijuana may  in fact be appropriate and we should follow the science as opposed to ideology on this issue, but I’m also on record as saying that the more we treat some of these issues related to drug abuse from a public health model and not just from an incarceration model, the better off we’re going to be."

Asset Forfeiture

Wyoming Legislative Committee Studies Civil Asset Forfeiture Reform. Gov. Matt Mead (R) vetoed an asset forfeiture reform bill earlier this year, but the legislature isn't giving up. The Joint Judiciary Committee met in Riverton last week and has directed staff to draft bills for next year's legislative session.

Drug Policy

Chicago Prosecutor Will Stop Prosecuting Simple Drug Possession. Cook County State's Attorney Anita Alvarez said today she intends to quit prosecuting people arrested for simple drug possession and instead link them to social agencies "for treatment rather than pursuing criminal penalties." Those drug possession felonies accounted for one-quarter of all felonies in the county last year. She also said she is not going to bother to prosecute misdemeanor marijuana possession cases, either.

New York City Legislation Would Create New Office of Drug Strategy. A proposal just offered by New York City council members would create the new office to coordinate official, expert, and community responses to drug use. It would enhance evidence-based drug education and public health interventions and simplify access to medical, social, and psychological services to drug users seeking help. The idea is to reduce the morbidity, mortality, crime, and racial disparities in law enforcement created by a one-sided law enforcement approach to the issue.

Harm Reduction

Indiana Governor Signs Bill to Ease Access to Overdose Reversal Drug. Last Friday, Gov. Mike Pence (R) signed into law SEA 406, which allows family members and friends of drug users to obtain the opiate overdose reversal drug naloxone. Previously, only health professionals could administer the drug.

International

Two More Big Australian States Announce Medical Marijuana Trials. Victoria and Queensland have now joined New South Wales in a clinical trial for medical marijuana. The three most populous states will hold clinical trials of cannabis oil for the treatment of chemotherapy-related nausea, severe epilepsy, and in palliative care.

Mexico Captures Top Juarez Cartel Leader. Federal troops last Friday captured Juarez Cartel head Jesus Aguayo in the town of Villa Ahumada in Chihuahua state. Aguayo took over leadership of the organization after authorities captured his predecessor, Vicente Carillo in October. 

Chronicle AM: Pot Legalization Inits Filed in AZ, MA; ID Gov Vetoes CBD Oil Bill, China Wages Drug War, More (4/17/15)

Legalization efforts in Arizona and Massachusetts get rolling, there's more good polling, Idaho's governor vetoes a CBD cannabis oil bill over fears of "misuse and abuse," China is waging a major drug war, and more. 

Marijuana Policy

Bloomberg Poll Has 58% Saying Pot Will Be Legal Within 20 Years. Nearly one-third (32%) think marijuana would never be legal, but two-thirds think it will, and the majority think it will happen in all 50 states within the next 20 years. Just 17% thought it would be legal within five years, but more than one-quarter (26%) thought it would be legal within 10 years and 13% said it would take the whole 20 years. Some very excitable folks (2%) thought legalization everywhere would happen in the next year.

Arizona Legalization Initiative Filed Today. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol filed its initiative to tax and regulate marijuana with the secretary of state this afternoon. The initiative would allow adults 21 and over to possess, consume, and grow limited amounts of pot and would create a system of licensed and regulated marijuana commerce. It would let local governments opt out of allowing pot businesses and it would set a 15% tax on retail sales beyond the sales tax. Now, initiative backers must collect signatures from 150,642 registered Arizona voters by June 2016 in order to qualify the initiative for the November 2016 ballot.

Massachusetts Legalization Initiative Filed TodayBay State Repeal today filed with the attorney general's office a first draft of its proposed 2016 legalization initiative. The measure would repeal the state's marijuana laws and replace them with a system of taxed and regulated legal commerce. Adults 21 and over would be allowed to possess, consume, and grow limited amounts of marijuana for their personal use.

Medical Marijuana

Idaho Governor Vetoes CBD Cannabis Oil Bill. Gov. "Butch" Otter Thursday vetoed a bill that would have allowed the use of CBD cannabis oil to treat children suffering from epileptic seizures. Senate Bill 1146 had passed the House 39-30 and the Senate 22-12. Otter said the bill asked the state to ignore the potential for abuse and misuse, even though the oils don't contain enough THC for anyone to get high.

Asset Forfeiture

Texas Legislator Modifies Asset Forfeiture Bill to Counter Law Enforcement Objections. Rep. David Simpson (R-Longview) said Thursday he is amending his civil asset forfeiture reform bill to address concerns raised by law enforcement. He said he would change it to allow the state to keep seized money if the person from whom it was seized absconds and to allow the seizure of vehicles valued at under $10,000. The bill is House Bill 3171.

International

China in Midst of Full-Blown Drug Crackdown. More than 133,000 people have been arrested and more than 43 tons of drugs seized in an ongoing six-month anti-drug campaign, the Ministry of Public Security announced. Authorities also announced that they had handled 115,000 "drug related" crimes, mostly robberies, and 606,000 cases of drug use. Officials said drug trafficking had suffered "a heavy blow" and drug users "forcefully regulated," but added that nine police had been killed in the campaign.

Stratfor Quarterly Update on Mexican Cartels. The Austin-based private intelligence and research firm has issued its quarterly update on the Mexican drug wars. It's quite detailed. Click on the link to read it. 

Chronicle AM: Jamaica Decrim Now in Effect, First CA 2016 Legalization Init Filed, GA Gov Signs CBD Bill, More (4/16/15)

A Northern California attorney is first out of the gate with a 2016 legalization initiative, a CBD cannabis oil bill becomes law in Georgia, and another awaits the governor's signature in Oklahoma, congressmen say they have "no confidence" in DEA head Leonhart, decrim is now in effect in Jamaica, and more. 

This Rastaman has reason to smile. Decrim has come to Jamaica. (wikimedia.,org)
Marijuana Policy

First 2016 California Legalization Initiative Filed.  Sebastopol marijuana attorney Omar Figueroa and attorney Heather Burke have filed the California Craft Cannabis Initiative, the first of what are expected to be several measures seeking to legalize marijuana in the state next year. Proponents say it is an inclusive effort designed to protect the state's legacy of artisanal marijuana growers. To make the ballot, initiatives must see their language approved by the state Attorney General's office, and then they have 180 days to gather more than half a million valid voter signatures.

Frustrated Vermont Legislators Propose Treating Alcohol Like Marijuana. A pair of House members Wednesday filed a bill that would ban alcohol and treat it like marijuana. The move was a frustrated reaction to stalled efforts to legalize marijuana and treat it like alcohol.  The bill is House Bill 502, and lead sponsor Rep. Chris Pearson (P-Burlington) said he doesn't really want to ban alcohol, but that the bill is a symbolic step "recognize recent scientific studies that demonstrate that alcohol use is significantly more dangerous than marijuana."

Medical Marijuana

2016 California Medical Marijuana Initiative Filed. A group of medical marijuana activists have filed the Compassionate and Sensible Access Act, which is designed to protect a doctor's right to recommend medical marijuana and limit officials' ability to regulate cultivation, distribution, and transportation of the plant. To make the ballot, the language must first be approved by state officials, then campaigners will have to gather more than half a million valid voter signatures within 180 days of starting.

Georgia Governor Signs CBD Cannabis Oil Bill. Gov. Nathan Deal (R) today signed into law House Bill 1, which allows for the use of CBD cannabis oil for a list of specified diseases and medical conditions. The bill allows patients to possess the oil, but has no provision for obtaining it in the state.

Oklahoma Legislature Approves CBD Cannabis Oil Bill. The Senate Wednesday unanimously approved House Bill 124, which would allow for the use of the oil to treat seizure disorders in children. The bill passed the House in February and now heads to the desk of Gov. Mary Fallin (R).

Asset Forfeiture

Iowa House Committee Hearing on Asset Forfeiture Reform Gets Heated. Law enforcement squared off against civil libertarians in a House Government Oversight Committee hearing Wednesday. No bill was on the agenda, but committee Chair Rep. Bobby Kaufman (R-Wilton) said after the hearing he planned to author reform legislation next year. Click on the link for more detail.

Drug Policy

Federal Western Hemisphere Drug Policy Commission Bill Filed. Rep. Elliot Engel (D-NY) has reintroduced the bill, HR 1812. It's been referred to the House Committee on Foreign Affairs.

Law Enforcement

House Oversight Committee Has "No Confidence" in DEA Head Leonhart. Fed up with DEA Administrator Michele Leonhart over a long litany of scandals in the drug-fighting agency she heads, 22 members of the House Oversight and Government Reforms Committee issued a statement yesterday saying they had "no confidence" in her leadership. "After over a decade of serving in top leadership positions at DEA, Administrator Leonhart has been woefully unable to change or positively influence the pervasive 'good old boy' culture that exists throughout the agency," the statement said. "From her testimony, it is clear that she lacks the authority and will to make the tough decisions required to hold those accountable who compromise national security and bring disgrace to their position. Ms. Leonhart has lost the confidence of this Committee to initiate the necessary reforms to restore the reputation of a vital agency."

Sordid Philadelphia Police Drug War Corruption Trial Underway. This one is a doozy! A trial now in its third week is ripping the lid off scandalously criminal behavior by the police department's dope squad. Stolen drug money, planted evidence, perjured testimony, beaten suspects, it's got it all. Click on the link for more detail.

International

Jah Herb is Now Decriminalized in Jamaica. Marijuana decriminalization went into effect Wednesday in the island nation. Anyone, including foreign tourists, can now possess up to two ounces of ganja and face only a $5 fine. And any household can now grow up to five plants. And adult Rastafarians can now use the herb for religious purposes. Irie.

Elite Texas Cops "Spied on Mexico," Report Says. Department of Public Safety documents show that an elite reconnaissance team formed by Gov. Rick Perry did aerial surveillance of Mexican drug cartel targets on the Mexican side of the border. Aircraft were used to track suspected Zeta cartel members and passed that information on to Immigration and Customs Enforcement (ICE), which in turn worked with Mexican military forces to target them. 

This Week's Corrupt Cops Stories

Looks like we've got us a Big City Bad Boys edition this week, with the exception of a pair of crooked Louisiana cops, but that pair is pretty special, too. Let's get to it:

In New York City, two Brooklyn narcotics officers were under investigation last Thursday after a video taken during a raid on a bodega appeared to show one of them pocketing $4,000 in cash. Detective Ian Cyrus, 49, from the Brooklyn North Narcotics Squad has been suspended, and Sergeant Fritz Glemaud, 44, has been placed on modified assignment. The investigation continues.

In Detroit, two Detroit police officers were arrested last Thursday on charges they robbed drug dealers and stole drugs and money during police raids. Lt. David Hansberry, 34, and Officer Bryan Watson, 46, allegedly identified themselves as police officers to scare their victims into complying with their demands, then stealing their cash, drugs, and personal property. They had been members of the now-disbanded Detroit Police Narcotics Section, but had been suspended since last October. They are charged with conspiracy to possess with intent to distribute narcotics, conspiracy to interfere with commerce by robbery, multiple counts of interference with commerce by robbery and extortion, possession with intent to distribute five or more kilograms of cocaine and two counts of possessing a firearm in furtherance of a crime of violence and drug trafficking crime.

In San Francisco, a San Pablo police officer was arrested last Wednesday after police who were monitoring him saw him make what appeared to be a drug sale. Officer Kenneth White, 32, had a two-year-old child in his back seat when the deal went down. Police suspect he was dealing heroin and cocaine, and he's now being held on suspicion of narcotics violations, weapons violations, and child endangerment.

In Chicago, a Melrose Park Police detective was arrested last Thursday on charges he stole cocaine from the evidence room, plotted to steal drugs from the state lab, and agreed to transport a load of drugs in his unmarked squad car. Detective Gregory Salvi, an 18-year veteran, went down in a sting. He was arrested at a storage facility where he'd gone to pick up a 5-kilogram load of cocaine that he thought he was delivering to another drug dealer. But the dealer was actually a federal informant. He's charged with possessing 5 kilos of coke or more with intent to distribute and is looking at a mandatory minimum 15-year sentence if convicted. He's also charged with using a firearm in furtherance of crime, which is good for another five years.

In Lafayette, Louisiana, a state trooper and a Lafayette Parish sheriff's deputy were arrested over the weekend on charges they conspired with a local businessman to plant drugs in his brother's car and have him arrested. Bryan Knight, the brother of businessman Mark Knight, was arrested in June 2014 after a Mark Knight employee planted drugs in his car and the two cops then showed up to bust him. Evidence on the cell phone of a Mark Knight employee implicated Trooper Corey Jackson and Lafayette Parish deputy Jason Kinch, who was assigned to the narcotics task force. The two cops and the employee were allegedly paid $100,000 for setting up the brother. Both cops are now charged with racketeering in the case.

Medical Marijuana Update

There's action on Capitol Hill, Tennessee passes a CBD cannabis oil bill, a Hawaii dispensary bill moves, Washington sends a medical marijuana overhaul bill to the governor, and more.

National

Last Wednesday, the DEA recommended that the government triple the amount of marijuana it grows for research. The DEA recommended that the government produce nearly 900 pounds of marijuana for research this year, more than three times the amount the agency had estimated it would need. The increase is because of "unanticipated medical, scientific, research, and industrial needs of the United States," the agency said in a notice published in the Federal Register.

On Monday, came notice of the 9th Annual Clinical Cannabis Conference Next Month in Florida. The medical marijuana advocacy group Patients Out of Time is hosting this premier event. Click on the link for all the details and registration information.

On Tuesday, a federal bill to allow children access to medical marijuana was filed. Reps. Morgan Griffith (R-VA) and Earl Blumenauer (D-OR) Tuesday filed the Compassionate Access Act, which would "allow the states to provide appropriate access to patients needing these legitimate, medical treatments under the supervision of their physician," the congressmen said in a statement. The bill is not yet available on the congressional website.

As of Tuesday, a federal medical marijuana bill had picked up new supporters. The CARERS Act, H.R. 1538, which would end federal interference in states with medical marijuana laws, has picked up new sponsors over the recess. The latest are Reps. Justin Amash (R-MI), Donald Beyer (D-VA), Earl Blumenauer (D-OR), and Joseph Heck (R-NV). The bill now has 12 cosponsors, evenly divided among Democrats and Republicans. Click the link for more bill information.

As of Tuesday, a federal CBD cannabis oil bill had picked up new sponsors. The Charlotte's Web Medical Access Act, H.R. 1635, which would remove cannabidiol (CBD) and CBD-rich marijuana plants from the Controlled Substances Act, has picked up new cosponsors. The latest are Reps. Paul Ryan (R-WI) and Mick Mulvaney (R-SC). The bill now has 20 cosponsors, evenly divided among Democrats and Republicans. Click on the link for more bill information.

9th Annual Clinical Cannabis Conference Next Month in Florida. The medical marijuana advocacy group Patients Out of Time is hosting this premier event. Click on the link for all the details and registration information.

California

Last Thursday, the Los Angeles city attorney said 500 unpermitted dispensaries had been shut down. City Attorney Mike Feuer said Thursday that his office has closed down 500 unpermitted dispensaries since the city voted two years ago to cap their number at about 130. But he conceded that hundreds more still operate.

Colorado

Last Thursday, a bill to allow parolees and probationers use medical marijuana advanced. The House Judiciary Committee unanimously approved a bill that would allow people on probation or parole use medical marijuana. The change wouldn't apply, however, to people whose crimes were related to marijuana. The measure is House Bill 1267.

Florida

On Monday, a CBD cannabis oil regulation bill won a committee vote. The bill, Senate Bill 7066, would expand the number of businesses that could participate from five to 20. It was approved by the Senate Rules Committee, but without addressing complaints from black farmers that they had been shut out of the process. It now goes to the Senate floor.

Hawaii

On Tuesday, the Senate approved a dispensary bill. The bill that would establish a system of medical dispensaries for the state's 13,000 medical marijuana patients. The measure is House Bill 321. The bill now has to go back to the House for reconciliation.

Iowa

On Wednesday, the Senate approved a medical marijuana expansion bill. The Senate voted to approve Senate File 484, which allow the production and distribution of medical marijuana. The bill would allow for up to a dozen independent dispensaries. It now goes to the House.

Tennessee

Last week, a medical marijuana bill died in the legislature. Both the Senate Health and Welfare Committee and the House Health Committee voted to kill pending medical marijuana bills. Both committees, however, agreed to create summer study committees to look at the legislation.

On Monday, the legislature approved a CBD cannabis oil bill. Both the House and the Senate unanimously approved a bill to allow the use of CBD cannabis oil for the treatment of seizures in children. House Bill 197 now awaits the signatures of Gov. Bill Haslam (R).

Washington

On Tuesday, the legislature approved an overhaul of the medical marijuana system. A bill that seeks to end unregulated medical marijuana dispensary sales and fold medical marijuana into the recreational marijuana system is now headed for the desk of Gov. Jay Inslee (D). Senate Bill 5052 would create a database of patients (voluntary, but patients won't get tax-free medicine unless they sign up), allow patients to possess three times more marijuana than recreational users, and eliminate the current collective garden structure, replacing it with cooperatives limited to four patients.

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

Chronicle AM: Pro-Legalization Majority in Pew Poll, DEA Chief on Hot Seat Over Sex Scandals, More (4/15/15)

Another poll has a national majority for legalization, the DEA head gets skewered over taxpayer-funded sex scandals, the Senate Judiciary Committee eyes civil asset forfeiture reform, and much, much more.

Marijuana Policy

New Pew Poll Has Support for Legalization Nationwide at 53%. Advocates for legalization are winning the battle for public opinion, according to this new poll. Not only does it have a majority for legalization, but the poll also finds that while a fifth of respondents (21%) have switched from opposing to favoring legalization, only 7% have gone from supporting to opposing legalization. The poll also had 78% saying federal marijuana laws should not be enforced in states where pot is legal.

Federal Judge Rejects Motion to Reschedule Marijuana. US District Court Judge Kimberly Mueller declined today to remove marijuana from Schedule I of the Controlled Substances Act. The move came in a marijuana cultivation case where defense attorneys challenged pot's placement on the schedules. Mueller said during a brief hearing that she was initially inclined to grant the motion, but decided "this was not the court and this was not the time." She said it was up to Congress to change the law if it so desires.

Chris Christie Says He Will "Not Permit" Legal Marijuana if Elected. New Jersey's Republican Gov. Chris Christie, a potential 2016 GOP presidential candidate, said Tuesday that if elected he would "crack down" on states that have legalized the weed. "I will crack down and not permit it," he said. "States should not be permitted to sell and profit" from legalization, he added, citing "enormous addiction problems."

Alaska House Passes Bill to Create Marijuana Control Board. The House Tuesday approved legislation to create a five-member marijuana control board to regulate the state's looming legal marijuana industry. The board would craft regulations by November, with the first licenses to be issued in May 2016. The measure is House Bill 123.

District of Columbia City Council Approves Two Marijuana Bills. The first bill, B21-0025, bars employers from testing job applicants for marijuana since it is legal in the city. The second bill, B20-0678, increases the number of plants medical marijuana providers can grow from 95 to 1,000.

Medical Marijuana

Federal Bill to Allow Children Access to Medical Marijuana Filed. Reps. Morgan Griffith (R-VA) and Earl Blumenauer (D-OR) Tuesday filed the Compassionate Access Act, which would "allow the states to provide appropriate access to patients needing these legitimate, medical treatments under the supervision of their physician," the congressmen said in a statement. The bill is not yet available on the congressional website.

Hawaii Senate Approves Dispensary Bill. The Senate Tuesday approved a bill that would establish a system of medical dispensaries for the state's 13,000 medical marijuana patients. The measure is House Bill 321. The bill now has to go back to the House for reconciliation.

Iowa Senate Approves Medical Marijuana Expansion Bill. The Senate voted today to approve Senate File 484, which allows the production and distribution of medical marijuana. The bill would allow for up to a dozen independent dispensaries. It now goes to the House.

Washington Legislature Approves Medical Marijuana Overhaul. A bill that seeks to end unregulated medical marijuana dispensary sales and fold medical marijuana into the recreational marijuana system is now headed for the desk of Gov. Jay Inslee (D). Senate Bill 5052 would create a database of patients (voluntary, but patients won't get tax-free medicine unless they sign up), allow patients to possess three times more marijuana than recreational users, and eliminate the current collective garden structure, replacing it with cooperatives limited to four patients.

Asset Forfeiture

Sparks Fly at Senate Judiciary Committee Asset Forfeiture Hearing. Committee Chair Sen. Charles Grassley (R-IA) had a heated exchange with Fraternal Order of Police President Chuck Canterbury over civil asset forfeiture reform in a hearing today. Canterbury opposed ending civil asset forfeiture because doing so would deprive police of "hundreds of millions" of dollars to fight crime and terror, but Grassley dismissed that argument, saying such laws have created a "perverse incentive" for police to abuse them. Police opposition to reform "dismisses the need for real reform and demonstrates the absurdity of a system of justice in which some in law enforcement appear to value funding their own operations over protecting civil rights," Grassley said. The hearing is part of a broad push this year to reform federal civil asset forfeiture laws.

Virginia Senate Kills Civil Asset Forfeiture Reform. The Senate today set aside efforts to enact civil asset forfeiture reform. The decision came during the legislature's annual reconvene session, when solons meet to consider responding to gubernatorial vetoes and amendments to bills passed during the session that ended last month. The legislature had passed a bill requiring only that police provide an inventory of property seized, and some legislators had hoped to get Gov. Terry McAuliffe (D) to add more substantial reforms, but they gave up on that effort today. Instead, they will leave it for the state crime commission to study.

Law Enforcement

DEA Head Gets Scalded in Hearing Over Agents' Sex Parties. DEA Administrator Michele Leonhart was on the hot seat Tuesday as the House Oversight Committee took aim at revelations of taxpayer-funded sex parties involving DEA agents and prostitutes in Colombia. Members scoffed at her claims that she was unable to fire anyone involved and harshly questioned the agency's (lack of) response to the incidents. Click on the link for juicy details.

Sentencing

California Bill to Refelonize "Date Rape" Drugs Advances. A bill that would give prosecutors the option of charging possession of Rohypnol, ketamine, and GHB as a felony passed the Assembly Public Safety Committee today. Assembly Bill 46 is an attempt to partially roll back last year's voter-approved Proposition 47, which defelonized simple drug possession.

Connecticut Bill Would Dramatically Shrink "Drug Free" Zones. The legislature's Judiciary Committee voted last Friday to amend a bill aimed at reducing the number of drug prisoners in the state by shrinking the area of sentence-enhancing "drug free" zones to just schools and day care centers, eliminating the 1,500-foot zone around the buildings. The vote came as an amendment to Senate Bill 952, part of Gov. Dannel Malloy's (D) "Second Chance Society."

(This article was prepared by StoptheDrugWar.org's lobbying arm, 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: IA & VA Pot Polls; Ecuador Reform Bill, New Federal Cosponsors, More (4/14/15)

Congress is back and reform bills are picking up new cosponsors, new polls have Iowa dead even on pot legalization and Virginia favoring it, a major medical marijuana conference is coming, Ecuador begins debating a groundbreaking drug reform bill, and more.

The Senate Judiciary Committee will hold a hearing on civil asset forfeiture reform tomorrow. (judiciary.senate.gov)
Marijuana Policy

Federal Marijuana Prohibition Repeal Bill Picks Up New Cosponsor. Rep. Jan Schakowsky (D-IL) is the latest sponsor of HR 1013, the Regulate Marijuana Like Alcohol Act. The bill now has 14 cosponsors -- 13 Democrats and one Republican. Click the link to for more bill information.

Iowa Poll Has State Split on Legalization, Strong Support for Medical. A new Quinnipiac University poll has Iowans split 47% to 47% on legalizing pot, but overwhelmingly in favor of medical marijuana, with 86% saying they support it.

Virginia Poll Has Majority for Legalization.A new Quinnipiac University poll has Virginians backing marijuana legalization, with 54% in favor and only 41% opposed. The poll also had support for medical marijuana above 80%.

Medical Marijuana

Federal Medical Marijuana Bill Picks Up New Cosponsors. The CARERS Act, HR 1538, which would end federal interference in states with medical marijuana laws, has picked up new sponsors over the recess. The latest are Reps. Justin Amash (R-MI), Donald Beyer (D-VA), Earl Blumenauer (D-OR), and Joseph Heck (R-NV). The bill now has 12 cosponsors, evenly divided among Democrats and Republicans. Click the link for more bill information.

Federal CBD Medical Marijuana Bill Picks Up New Cosponsors. The Charlotte's Web Medical Access Act, HR 1635, which would remove cannabidiol (CBD) and CBD-rich marijuana plants from the Controlled Substances Act, has picked up new cosponsors. The latest are Reps. Paul Ryan (R-WI) and Mick Mulvaney (R-SC). The bill now has 20 cosponsors, evenly divided among Democrats and Republicans. Click on the link for more bill information.

9th Annual Clinical Cannabis Conference Next Month in Florida. The medical marijuana advocacy group Patients Out of Time is hosting this premier event. Click on the link for all the details and registration information.

Tennessee Lawmakers Approve CBD Cannabis Oil Bill. Both the House and the Senate unanimously approved a bill to allow the use of CBD cannabis oil for the treatment of seizures in children Monday night. House Bill 197 now awaits the signatures of Gov. Bill Haslam (R).

Hemp

Federal Hemp Bill Picks Up New Cosponsor. The Industrial Hemp Farming Act, HR 525, which would remove hemp from the Controlled Substances Act, has picked up a new cosponsor. The latest is Rep. Ed Perlmutter (D-CO). The bill now has 55 cosponsors -- 36 Democrats and 19 Republicans. Click on the link for more bill information.

Asset Forfeiture

Senate Judiciary Committee Hearing on Civil Asset Forfeiture Reform Tomorrow. The committee will hear from an asset forfeiture abuse victim and an attorney for the Institute for Justice, which has been fighting to rein in such abuses, as well as a representative of the Fraternal Order of Police. Sen. Rand Paul (R-KY) will also address the panel.

Drug Testing

Indiana Welfare Drug Testing Bill Filed. Rep. Terry Goodin (D-Crothersville) today filed an amendment to Senate Bill 465 that would require welfare recipients to undergo screening for drug use and require those identified as high-risk to undergo drug testing.

Sentencing

House Version of Federal Sentencing Reform Bill Picks Up New Cosponsors. The House version of the Smarter Sentencing Act, HR 920, has picked up new cosponsors. The latest are Reps. Steve Cohen (D-TN) and Peter DeFazio (D-OR). The bill now has 26 cosponsors -- 20 Democrats and six Republicans. Click on the link for more bill information.

International

Ecuador Debates Bill That Would Regulate, Not Prohibit, Controlled Substances. Last Thursday, legislators in Quito began debating a new Organic Law on Comprehensive Drug Prevention. The bill, supported by the ruling PAIS Alliance, would "control" more than a hundred substances, including alcohol and tobacco and calls for a Technical Secretariat of Drugs to "regulate and control the activities related to the import, export, cultivation, production, marketing, distribution, transportation, and use" of those substances. Under current Ecuadorian law, cultivation or sale of banned substances garners prison sentences of 12 to 16 years; under the new law, that would be replaced by fines and seizures of the substances. Debate on the bill is expected to happen intermittently over the next few months.

Florida Man Dies After Eating Drugs to Avoid Bust

A Marathon, Florida, man died last week after apparently swallowing a bag or bags of drugs following a traffic stop turned drug bust. Clifford Green, 39, becomes the 20th person to die in US domestic drug law enforcement operations so far this year.

According to The Florida Keys Keynoter, citing a Monroe County Sheriff's Office report, Green was pulled over by Detective Iscandel Perez last Wednesday for having windows too darkly tinted. Perez wrote that Green was "fidgeting about inside the vehicle" before pulling over. [Editor's Note: Apparently, the tinting wasn't so dark.]

Perez ran a computer check that showed Green was on probation for a drug conviction and that his drivers' license had been suspended for failure to pay child support. Green was placed under arrest.

Detective Perez then deployed a drug dog on the exterior of the vehicle and the dog "alerted to the presence of narcotics on the passenger's front side door." Perez and other officers at the scene then searched the car, finding "a beaker and large quantity of blue clear plastic Baggies commonly used to package narcotics inside a paper bag in the back seat of the vehicle. No narcotics were found inside the vehicle at this time."

Deputy Thomas Hill then began transporting Green to the jail in Plantation Key, but within a few miles, Perez wrote, he saw Hill's cruiser stopped with Green "face down on the asphalt" and Hill trying to turn him on his side.

Green was "vomiting, having tremors and irregular breathing," according to Perez's report. The detective added that he saw "what appeared to be a cellophane bag with suspected cocaine inside" Green's mouth.

EMS arrived and took Green to a local hospital, where he was pronounced dead within the hour.

The Florida Division of Law Enforcement is investigating the death.

Plantation Key, FL
United States

Chronicle AM: Rand Paul Talks Drugs, CA Legalization Meetings, WI Legalization Bill, More (4/13/15)

Rand Paul has a campaign theme he hopes will resonate, Californians will be meeting to plot a legalization initiative next year, a Maryland marijuana paraphernalia decrim bill heads to the governor, the British Labor Party is hinting at a softening of its hard-line drug policy, and more:

Sen. Rand Paul is making drug and criminal justice policy a campaign issue. (senate.gov)
Marijuana Policy

Marijuana in Alaska Will Be a "Regulated" Substance, Not a "Controlled" One Under House Bill. The House Judiciary Committee will remove marijuana from the state's list of controlled substances and move it to the list of regulated ones, committee chair Rep. Gabrielle LeDoux (R-Anchorage) said Friday. The Senate version of the bill, Senate Bill 30, keeps marijuana as a controlled substance, so this isn't a done deal just yet.

California Marijuana Legalization Meetings Set. The Blue Ribbon Commission on Marijuana Policy, led by Lt. Gov. Gavin Newsom (D) will hold a public forum at UCLA on August 21. That will be followed by another forum in Santa Cruz on April 23. Click on the title link for more info and to RSVP. People who want a voice in how legalization is going to look in the Golden State need to show up.

Colorado February Pot Sales Hit Record. Recreational marijuana outlets sold $39.2 million worth of weed in February, beating the previous monthly record of $36.4 million, set the previous month. Much of the increase is being attributed to the opening of more marijuana stores, especially in Aurora, the state's third largest city.

Maryland Legislature Approves Paraphernalia Decriminalization. In what was largely a housekeeping move after the state decriminalized marijuana possession last year, the legislature has approved a bill decriminalizing the tools used to smoke it. The measure is Senate Bill 456. It won final approval in the House Saturday and now goes to the governor's desk.

Missouri Bill to Free Marijuana Lifer Advances. A bill that would  free Jeff Mizanskey, who is doing life without parole in state prison for a marijuana offense, has advanced. The measure, HB 978, passed the House Select Committee on the Judiciary last week, but amended it so that Mizanskey is not automatically set free, but instead will be able to seek parole. The bill now awaits a House floor vote.

Washington House Approves Bill to Reconcile Medical, Recreational Marijuana Systems. The House last Friday approved Senate Bill 5052, which has already passed the Senate. But because the House amended it, it will have to go back to the upper chamber for a final vote. The bill would create a patient registry, eliminate the current collective garden structure and replace it with four-person growing cooperatives, and require state regulators to use a merit-based system for granting marijuana business licenses, which should help out collective gardens trying to go recreational. The patient registry would be voluntary, but people would have to sign up if they wanted to avoid having to pay taxes on their medical marijuana purchases.

Wisconsin Lawmaker Files Legalization Bill. Rep. Melissa Sargent (D-Madison) today introduced a bill to legalize marijuana. The bill would create a 25% excise tax on marijuana sales. The bill is not yet available on the legislative website, but she authored a similar bill last year. That bill went nowhere in the Republican-controlled legislature, and this one is expected to meet the same fate.

Medical Marijuana

Florida CBD Cannabis Oil Regulation Bill Wins Committee Vote. The bill, Senate Bill 7066, would expand the number of businesses that could participate from five to 20. It was approved by the Senate Rules Committee, but without addressing complaints from black farmers that they had been shut out of the process. It now goes to the Senate floor.

Hemp

New Mexico Governor Vetoes Industrial Hemp Bill. Gov. Susana Martinez last Friday vetoed a bill that would have allowed research into industrial hemp. The bill, Senate Bill 94, was filed by Sen. Cisco McSorley (D-Albuquerque), a political foe of Martinez, and McSorley said he thought the veto was "political payback."

Drug Policy

Rand Paul Attacks the Drug War. The junior Republican senator from Kentucky who is seeking the GOP presidential nomination used a speech in Las Vegas last Saturday to blast the drug war. "The War on Drugs has created a culture of violence and puts police in an impossible situation," Paul said. "It has fostered tension in our inner cities. There is an undercurrent of unease in our country." He also argued that ongoing racial tensions stem in part from unfairness in the laws and their enforcement. "Criminal justice reform is not a black problem or a white problem," Paul said. "Everyone should be treated the same under the laws of this country regardless of what religion they are, what color their skin is or how poor they are."

International

British Labor Party's Election Manifesto Hints It May Shift Slightly on Drug Policy. Even though Labor has attacked the Liberal Democrats as "soft on drugs" during the run-up to British elections, Labor's own election manifesto hints that it, too, may be softening. The manifesto says that taxpayers pay the cost of "drink and drug misuse" and offers "early years intervention" -- not more arrests and more imprisonment -- as a solution. "We know drug addiction continues to be a major cause of crime," the manifesto says. "We will ensure drug treatment services focus on the root causes of addiction, with proper integration between health, police and local authorities in the commissioning of treatment." Again, the emphasis is on treatment, not punishment. Labor appears unwilling to continue with its "tough on drugs" approach, but also unwilling to forthrightly articulate a more liberal approach.

This article was prepared by StoptheDrugWar.org's lobbying arm, 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.)

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