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DEA Facing Fallout from Deadly Honduras Raid

In the Honduran village where four residents were killed last week by gunfire from a helicopter on a US-backed anti-drug operation complete with DEA agents on board the chopper, feelings continue to run high. On Monday, they told the Associated Press that DEA agents also accompanied Honduran commandos who stormed into homes and mistreated residents after the raid, but the agency denies that.

In the predawn hours of May 11, Honduran National Police and DEA agents were searching for a boat supposedly carrying a load of cocaine when they said they came under fire from the river. The Hondurans opened fire, but the boat they attacked was a small fishing vessel, not a smuggling craft, and the attack left two pregnant women and two others dead and four other people wounded.

The helicopter is owned by the US State Department and was one of four being used in the operation, which had already resulted in the seizure of cocaine from the banks of the river. Police on the ground and the door-gunner for one helicopter opened up on the boat.

The DEA said its agents did not open fire and did not participate in heavy-handed raids in the immediate aftermath. But villagers in the town of Ahuas said masked agents then landed in their community and broke down doors, looking for a trafficker they called "El Renco." The witnesses referred to some of the agents as "gringos" and said they were speaking English.

After the commandos left, angry villagers formed a machete-wielding mob and burned government installations and four homes belonging to families associated with El Renco. Police Chief Filiberto Pravia Rodriguez said he tried to stop the mob, but had to run for his life.

The incident comes as the US is ramping up its support of Honduran anti-drug efforts. The Obama administration is increasing the amount of anti-drug assistance and is working with the Honduran military to create forward operating bases to fight the cocaine traffic from Colombia en route to North America.

Human Rights watch has called for an investigation into the killings.

"It is critical that both Honduran and US authorities ensure that the killings are thoroughly investigated to determine whether the use of lethal force was justified," said Jose Miguel Vivanco, Americas director for the group. "If evidence demonstrates that security forces violated international standards, they must be held accountable."

At least one congressman, Rep. Howard Berman (D-CA) is calling for a review of US military assistance to Honduras, where the Honduran military took part in a coup in 2009 and where continuing human rights violations are alleged to be taking place.

"I have consistently expressed deep concerns regarding the danger of pouring US security assistance into a situation where Honduran security forces are involved in serious human rights violations," he told National Public Radio last week. "The problems are getting worse, not better, making such a review all the more urgent."

Local leaders aren't waiting for investigations or reviews. They want the DEA out now.

"For centuries we have been a peaceful people who live in harmony with nature, but today we declared these Americans to be persona non grata in our territory," the leaders of five indigenous groups said in a press statement last week picked up by the AP.

Ahuas
Honduras

DEA Now Ensnared in Colombia Prostitute Scandal

First it was Secret Service agents and members of the military who were part of President Obama's security detail during his trip to the Summit of the Americas in Cartagena, Colombia, last month. Now, allegations of dalliances with prostitutes there have spread to the DEA.

The Justice Department's Office of the Inspector General is investigating possible misconduct by at least two DEA agents, federal officials told the Associated Press Monday. ABC News reported the same day that at least three agents are involved.

The alleged misconduct is unrelated to the Secret Service scandal, but evidence of it developed as the Secret Service investigated.  The DEA said it was making its employees available to be interviewed by investigators.

"The Drug Enforcement Administration was provided information from the Secret Service unrelated to the Cartagena hotel Secret Service incident, which DEA immediately followed up on, making DEA employees available to be interviewed by the Department of Justice's Office of Inspector General," a DEA spokesperson said in a statement. "DEA takes allegations of misconduct very seriously and will take appropriate personnel action, if warranted, upon the conclusion of the OIG investigation," the statement said.

Sen. Susan Collins, ranking Republican on the Senate Homeland Security and Government Affairs Committee said in a statement Tuesday that she had been informed of the allegations against the DEA agents on May 4, but had been asked to stay quiet until the agents involved could be returned to the US and questioned.

"It's disturbing that we may be uncovering a troubling culture that spans more than one law enforcement agency," Collins said. "In addition to the Secret Service scandal, we now learn that at least two DEA agents apparently entertained female foreign national masseuses in the Cartagena apartment of one of the agents. The evidence uncovered thus far indicates that this likely was not just a one-time incident."

Twelve Secret Service agents have been fired or disciplined in the prostitution scandal, and 12 military personnel have also been implicated. Whether any DEA agents will take a fall remains to be seen.

Cartagena
Colombia

New Jersey Marijuana Decriminalization Bill Advances

A bill that would decriminalize the possession of up to 15 grams (a little more than a half-ounce) of marijuana was approved Monday by the Assembly Judiciary Committee. The bill, Assembly Bill 1465, now heads for an Assembly floor vote.

http://stopthedrugwar.org/files/new-jersey-map.jpg
Under current law, small-time pot possession is punishable by up to six months in jail. Under AB 1465, the threat of jail would be removed and infractions would be punishable by a $150 fine for a first offense, $200 for a second offense, and $500 for a third offense.

Some 22,000 people were arrested for simple marijuana possession in the state last year, with blacks disproportionately represented. In addition to possible jail time, those arrested face other collateral consequences, such as difficulties finding a job or qualifying for housing.

The crowd in the hearing room and most witnesses, including a retired corrections officer, defense attorneys, a clergyman, a college instructor, and a representative from a drug addiction prevention group favored decriminalization, according to an account carried by New Jersey Real-Time News.

"Some acts harm society and they warrant the intervention of police, prosecutors and perhaps even incarceration," said the bill's prime Republican sponsor, Michael Patrick Carroll (R-Morris), who is also a committee member. "Other acts warrant at best, a spanking, and these seems to be one of these situations."

"These long-term consequences are unjust and expensive," said Candice Singer, a research analyst from the New Jersey chapter of the National Council on Alcoholism and Drug Dependence. "The police manpower utilized for these arrests is costly. It is beyond dispute that a criminal record interferes with one's ability to maintain employment. This not only hurts the individual and the individual's family, but it harms the economy and the state, preventing residents from becoming employed and paying income taxes."

Only Bruce Hummer of the New Jersey Prevention Network, which represents treatment professionals, spoke against the bill. He said decriminalization would "send a mixed message to our youth," who would be more likely to use the herb if it was seen as less harmful and "accepted" by the community.

But retired corrections officer Harry Camisa had a powerful retort to Hummer. "I have seen firsthand the devastating effects on these young kids who are sent to jail for what I consider a minor offense," Camisa said. "I always felt bad for the very young ones because by the time they asked for protective custody they had already been beaten with a lock in a sock, stabbed or sodomized."

Forty years ago, the Shafer Commission, recognizing that harsh penalties for marijuana had no scientific basis, called for the decriminalization of possession of small amounts for personal use. A handful of states took that advice in the 1970s, and after a long interregnum beginning with the Reagan years, in the past decade, more states have come on board. The number is now 14.

Trenton, NJ
United States

Harsh Cameron Douglas Sentence Sparks Appeal, Support

Cameron Douglas, the son of noted Hollywood actor Mike Douglas, had a well-known history of drug addiction when he was sentenced to five years in federal prison for heroin possession and drug distribution. Not offered drug treatment, Douglas relapsed while in prison and was caught in possession of a small amount of heroin and Suboxone.

Cameron Douglas
Most federal prisoners caught with small amounts of drugs are dealt with administratively, and that happened to Douglas. He spent 11 months in solitary confinement and was denied visits during that period for his transgression.

But, unusually, Douglas was also prosecuted for drug possession by a prisoner, and even more unusually, he was hammered hard at sentencing. Federal District Court Judge Richard Berman nearly doubled his original drug trafficking time, sentencing him to an additional 4 ½ years in prison. Prosecutors had asked for at most an additional two years.

In imposing the harsh sentence, Judge Berman said that Douglas was "continuously reckless, disruptive, and noncompliant" and had repeatedly refused to obey the law.

The draconian sentence for Douglas has sparked a reaction. Unlike most federal prisoners, thanks to his father, Douglas had the resources to appeal his sentence, which is possibly the longest in federal prison history for simple drug possession behind bars. And now that appeal has been joined by about two dozen addiction and drug treatment doctors and organizations who have signed an amicus curiae brief on his behalf.

The brief does not just argue that Douglas should be sentenced more leniently; it argues that Douglas is a classic example "of someone suffering from untreated opioid dependence" and that more prison time will do nothing to address his addiction. The brief shows that many federal prisoners suffer from drug addictions, that many fail to get any meaningful treatment for it in prison, and argues that imposing additional incarceration for drug-addicted prisoners serves no penological purpose.

"A central theme of the [brief] is the need to provide effective, evidence-based treatment to opioid-dependent persons, particularly to those under criminal justice supervision. Time and again, over the past four decades, the provision of appropriate substance abuse treatment to opioid-dependent persons has been shown to profoundly improve not only their health and well-being across a broad range of metrics, but also the health and safety of the larger public. This is especially true of methadone and other opioid substitution treatments," the brief argued.

"Conversely, [we] are acutely aware of the ramifications when such treatment is withheld -- the suffering, disease, death, and criminal behavior that result when punitive sanctions replace proven medical interventions and opioid dependence is left to fester," the addiction specialists argued.

The brief was written by Dan Abrahamson, director of legal affairs for the Drug Policy Alliance, which organized the effort to intervene in the Douglas case. Its signatories include the New York and California Societies of Addiction Medicine, as well as other medical, public health and human rights organizations, along with prominent individual physicians and substance abuse researchers.

"Tacking on more prison time for a person who is addicted to drugs because they relapse behind bars goes against fundamental principles of medicine, inflicts unnecessary suffering and undermines both safety and health," said Abrahamson.  "Such a response only fuels the vicious cycle we see daily across the country of drug-dependent persons being imprisoned while sick, coming out sicker, and then returning to jail even quicker -- at huge expense to everyone."

Most federal prisoners don't have the resources or the celebrity of Cameron Douglas, but many share his struggles with addiction. Justice for Cameron Douglas could help lead to more just treatment for them, as well.

New York, NY
United States

Oklahoma Governor Signs Welfare Drug Test Bill

Oklahoma Gov. Mary Fallin (R) last Wednesday signed into law a bill, House Bill 2388, that requires welfare applicants to be screened for possible drug use and drug tested upon suspicion they are using. They would be denied benefits if they test positive. The screening requirement is designed to surmount constitutional objections to mandatory, suspicionless drug testing of public benefits applicants and recipients.

Oklahoma Gov. Mary Fallin (wikimedia.org)
In the past two years, two states, Florida and Georgia, have passed laws requiring mandatory, suspicionless drug testing of welfare applicants. The Florida law has been blocked by a federal judge's temporary order as she considers whether to declare it an unconstitutional violation of the Fourth Amendments proscription against warrantless searches. Civil liberties and civil rights advocates in Georgia have vowed similar action against the law there when it goes into effect July 1. An earlier Michigan attempt to impose suspicionless drug testing of welfare recipients was found unconstitutional by a divided federal appeals court it 2003. That ruling was not appealed.

Several other states have passed public benefits drug testing laws with a screening process to create "reasonable suspicion" that a given individual might be a drug user. Those include Arizona and Missouri last year and Utah and Tennessee this year. The Tennessee bill has yet to be signed by the governor, but he has said he will do so. None of these state laws have yet faced legal challenges.

The Oklahoma law takes effect November 1 and is aimed at adults applying for the Temporary Assistance to Needy Families (TANF) program. Applicants who refuse to take the drug test or who test positive will be denied benefits. Applicants who test positive and then undergo a drug treatment program -- at their own expense -- can reapply for benefits after six months.

Child-only cases and cases where the parent is underage would not have to be drug tested. If a parent is denied benefits, the bill allows for payments to be made to an alternative payee.

Under an amendment passed in the Senate, the state will pay for the cost of drug testing. The bill originally called for applicants to pick up the tab.

"House Bill 2388 will help ensure welfare checks are not being used to pay for drugs. Hard working taxpayers shouldn't be asked to subsidize drug abuse, and this bill will help to ensure they are not," Fallin said in a signing statement.

"Additionally, HB 2388 helps to preserve the mission of state-funded welfare -- to provide a social safety net helping the unemployed and needy get back on their feet, find work and support their families," the Republican governor continued. "Unfortunately, drug abuse prevents many recipients of welfare from achieving any of these goals. Drug addiction and illegal drug use contribute to child abuse and child neglect. They also make it difficult to find and hold a job. For all these reasons it is important for drug users and those with substance abuse problems to seek treatment rather than simply being handed a check from Oklahoma taxpayers."

Oklahoma Democrats opposed the bill, with Sen. Jim Wilson (D-Tahlequah) calling it "poor policy" and "mean-spirited" during earlier debates, and Sen. Tom Ivester (D-Sayre) questioning why only one population that receives state assistance should be subjected to drug testing. But their Republican colleagues weren't listening.

Medical Marijuana Update

The biggest medical marijuana news this week has to be the Oregon election that saw a pro-medical marijuana attorney general candidate win against a former interim US Attorney, but there was plenty of other news, as well. Let's get to it:

National

Last Wednesday, Mitt Romney got asked about medical marijuana and didn't much like the question or really answer it. "Aren't there issues of significance that you'd like to talk about?" Romney asks the interviewer. "The economy, the economy, the economy. The growth of jobs. The need to put people back to work. The challenges of Iran. We've got enormous issues that we face, but you want talk about -- go ahead -- you want to talk about marijuana? I think marijuana should not be legal in this country. I believe it is a gateway drug to other drug violations. The use of illegal drugs in this country is leading to terrible consequences in places like Mexico -- and actually in our country."

On Tuesday, a Mason Dixon poll found broad support for medical marijuana among Republicans. Some 67% of Republicans said federal officials should respect state medical marijuana laws. So did 75% of Democrats and 79% of independents.

Also on Tuesday, researchers reported that smoking marijuana can relieve MS symptoms. Researchers at the University of California at San Diego found that smoked marijuana relieved pain and muscle tightness spasticity. The research was published in the peer-reviewed Canadian Medical Association Journal.

Arizona

As of Monday, Arizona started accepting dispensary applications. Arizona has some of the strictest dispensary rules in the country, including requirements that a licensed physician be employed on premises, that letters be obtained showing dispensaries are complying with zoning laws, and that they have a business plan showing they are operating as nonprofits. Then there is the $5,000 application fee and the preference that will be shown to those who can prove they have $150,000 in the bank. Still, competition is expected to be fierce for the licenses, which will be capped at 125 statewide. Interested parties have until May 25 to apply.

California

Beginning Saturday, a medical marijuana "Unity" conference gets underway in Sacramento. It goes through Monday and is aimed in part at obtaining passage of Assembly Bill 2312 to regulate medical marijuana cultivation and distribution statewide. The conference is sponsored by the PAC Californians to Regulate Marijuana as well as  Americans for Safe Access (ASA), the United Food and Commercial Workers Union, California NORML, the Coalition for Cannabis Policy Reform, and the Emerald Growers Association. The conference will focus on skill-building and grass roots leadership, with a day of lobbying set for Monday.

Last Thursday, a Santa Barbara dispensary operator took a plea deal. Charles Restivo, operator of the Pacific Coast Collective between 2008 and 2010, was arrested after a four-dispensary raid by local law enforcement in February 2010. He was charged with possession of marijuana for sale and cultivation of marijuana for sale since authorities argued the dispensary was violating state laws regarding medical marijuana. Under the deal, Restivo pleaded guilty to one new count of possession of concentrated cannabis (hash) in return for the other charges being dropped. He will get three years probation.

Also last Thursday, the Clear Lake city council voted to oppose Measure D, the Lake County marijuana cultivation initiative set to go before voters June 5. The council's action follows similar votes taken by the Lake County Office of Education Board of Trustees Wednesday night, the Board of Supervisors on Tuesday and the Lakeport City Council last week. It is also opposed by the Sierra Club, the Lake County Deputy Sheriffs Association, Kelseyville Business Association, Lake County Chamber of Commerce, California Women for Agriculture, Lake County Farm Bureau, the Buckingham and Clear Lake Riviera homeowners associations, and the Lake County Association of Realtors' Board of Directors. Measure D would allow 12 female plants to be grown in residential areas on lots under a half acre, 24 plants on lots larger than a half acre and 84 plants on larger parcels.

On Tuesday, the DEA and local police raided a Fontana dispensary. The raiders hit Holistic Meds RX, detaining four people, and seizing large quantities of medical marijuana. It was a federal warrant, but town and San Bernadino County police aided the DEA. Dispensaries have opened in Fontana, but have been unable to get permits because the city considers the businesses illegal.

On Wednesday, the Los Angeles city council postponed adopting a "gentle" ban on dispensaries proposed by Councilman Jose Huizar. The move came after Councilman Paul Koretz instead proposing allowing some dispensaries to continue to operate if they agreed to city regulations. Koretz called Huizar's "gentle" ban, which would close all dispensaries, but allow personal and collective grows, in reality a "vicious, heartless" ban. The city is home to an uncertain number of dispensaries, somewhere in the hundreds.


Colorado

On Monday, 25 dispensaries targeted by federal officials had to be closed down. That was the second wave of dispensaries threatened by US Attorney John Walsh, who earlier forced 22 out of business. He says a third wave of threat letters is forthcoming. In the first wave, Walsh targeted dispensaries within 1,000 feet of schools; in the second wave, he targeted dispensaries within 1,000 feet of college campuses. No telling yet what his criteria will be next time.

On Tuesday, the Dacono city council moved forward with its ban on dispensaries, as well as grows and edibles manufacturing. The council voted 4-2 for the ban, but must do so one more time on June 11 before it takes effect. The town has had a temporary moratorium on new medical marijuana businesses since July 2010, but that edict expires on July 1. The town has three existing dispensaries, but they would be forced to close if the ban passes.

Michigan

Last Friday, the state appeals court confirmed the conviction of a man who had a medical marijuana card, but not a fence. Lewis Keller of Emmet County got busted with 15 plants on his property. Under state law, he could have 12, but it had to be fenced. Keller said he knew he was over the limit, but he didn't realize the plants had to be secured.

On Tuesday, the Jackson city council got an earful from advocates concerned about its proposed medical marijuana ordinance. Under the proposed ordinance, qualifying patients or primary caregivers who are registered by the Michigan Department of Community Health to grow marijuana could do so in their homes. Patients could consume the drug only in their homes or their primary caregivers' homes. Patients and primary caregivers also could grow medical marijuana at non-dwelling locations in certain commercial and industrial business districts.
The city has had a moratorium on medical marijuana operations during the drafting of the ordinance. The city council will revisit the issue next week.

New Hampshire

On Wednesday, the House passed a medical marijuana bill already passed by the Senate. It now goes back to the Senate for approval of changes. Gov. John Lynch (D) has vowed to veto the bill over concerns over distribution, just as he did in 2009, when a veto override failed by two votes in the Senate.

New York

On Wednesday, a Siena College poll found majority support for medical marijuana in the Empire State. The poll had 57% supporting it and only 33% opposed. A bill in the Assembly has been stalled since Gov. Andrew Cuomo (D) signaled that this was not the year for it.

Oregon

On Tuesday, Ellen Rosenblum defeated former interim US Attorney Dwight Holden in the fight for the Democratic Party nomination for state attorney general. Oregon medical marijuana activists and national drug reformers rallied against Holden and supported medical marijuana-friendly Rosenblum as she picked up 63% of the vote against the former front-runner. Activists said the vote shows opposing medical marijuana carries a political price tag.

Rhode Island

On Wednesday, the House passed compromise dispensary legislation. A similar measure has already passed the Senate, so after the formalities of concurrence votes, the measure will head to Gov. Lincoln Chafee (I), who is expected to sign it.

Washington

On Monday, the Pasco city council moved closer to banning grows. A workshop discussion that night leaves little doubt that the city will outlaw medical marijuana gardens in the city at its next meeting to avoid violating federal anti-drug laws. Pasco is among Washington cities that have been waiting for nearly a year for the legislature to act to clarify a law allowing cities to write their own rules for medical marijuana garden collectives. The council is expected to vote on the ordinance Monday.

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

This Week's Corrupt Cops Stories

We inadvertently missed a week last week, but the corrupt cops didn't. Let's get to it:

In Hanford, California, a Hanford police officer was arrested May 3 on drug charges. Officer Ernesto Servin, 30, was arrested when he arrived for work at the police department and police found Oxycontin, methamphetamine, and marijuana in his car. Authorities suspect he got the drugs from arrests he made and cases he worked as a Hanford Police officer. He is charged with falsifying police reports and drug possession. He resigned from the department the same day.

In Newark, New Jersey, a former Newark police officer was convicted last Friday of shaking down drug dealers for cash, guns, and dope. Darious Smith was indicted in 2004 along with half a dozen other Neward police officers, and a jury found him guilty of conspiracy to commit official misconduct, official misconduct and theft. Five witnesses, including a former patrol partner, testified that he stole cash from dealers and planted guns and drugs on them.

In Miami, a former Hialeah Gardens police officer was convicted Monday of ripping off marijuana dealers and selling their stashes. Lawrence Perez, 44, and four other area men stole 10 pounds in one faked traffic stop and 14 pounds in another. They were also plotting to hit a major marijuana grow, but the FBI, DEA, and Miami-Dade police were onto them by then. Perez, a former detective, is looking at up to 40 years in federal prison. He will be sentenced July 26.

In Hartford, Connecticut, a former New York police officer was sentenced last Friday to 37 months in federal prison for taking bribes to let a drug courier go unmolested through a New York airport. Former Westchester County police officer Michael Brady, 36, took $20,000 in payoffs from drug dealers. He had earlier pleaded guilty to charges of extortion and receiving a bribe. Brady had been assigned to the Westchester County Airport, where a drug dealer regularly passed traveling between Connecticut and Florida. Brady went down after the dealer got caught up in a federal investigation of his oxycodone smuggling ring.

In Brownsville, Texas, a former reserve law enforcement officer was sentenced Monday to 13 year in federal prison after he was caught coming over a bridge from Mexico with 20 pounds of cocaine and heroin. Mercedes Perez, 55, was a Nueces County Constable's reserve officer when he got caught. He was convicted of conspiracy to possess with the intent to distribute heroin and cocaine and possession with intent to distribute heroin and cocaine.

Medical Marijuana Ally Wins Oregon AG Race

In an Oregon primary election where medical marijuana was a prominent campaign issue, former judge and ally of the state's medical marijuana community Ellen Rosenblum came from behind to decisively defeat former interim US Attorney Dwight Holton Tuesday in the campaign for the Democratic Party's nominee for state attorney general.

Oregon Democratic Party attorney general nominee Ellen Rosenblum (ellenrosenblum.com)
Drug reformers who aided the Rosenblum campaign said as election results came in that they showed attacking medical marijuana patients and their distribution systems was "not a smart political move."

"As attorney general, I will make marijuana enforcement a low priority, and protect the rights of medical marijuana patients," Rosenblum says on her campaign website.

According to the Oregon Secretary of State's unofficial election results Tuesday evening, with 100% of the vote counted, Rosenblum had won with 63% of the vote, compared to 37% for Holton.

The winner of the Democratic Party nod is almost certain to be the next state attorney general. The Republicans didn't even field a candidate for the post, and in a primary where the Democratic attorney general race attracted more than 183,000 voters, the Republican non-race attracted fewer than 9,000 write-in votes.

Holton was an early favorite in the race and had the support of law enforcement constituencies, but aroused the ire of medical marijuana supporters for his actions as interim US Attorney last year, when he oversaw several raids against medical marijuana providers and sent out letters threatening asset forfeiture to other providers and their landlords. It didn't help when he called the the Oregon Medical Marijuana Program "a train wreck" during the campaign and pledged to work with Republican legislators to "fix" it.

The state's medical marijuana and marijuana legalization advocates mobilized to defeat Holton and encourage support for Rosenblum. But national drug reform activists, heartened by the grass roots response and emboldened by the opportunity to inflict a political price on those participating in the federal crackdown on medical marijuana distribution, mobilized as well.

Through its lobbying and campaign arm, Drug Policy Action, the Drug Policy Alliance kicked in $100,000 in donations to the Rosenblum campaign and Citizens for Sensible Law Enforcement (CSLE), which, among other things, launched a series of radio ads against Holton. CSLE is also the group behind the I-24 marijuana legalization initiative, one of two Oregon legalization initiatives edging very close to making the November ballot.

DPA ally and deep-pocketed drug reform donor John Sperling, founder of the University of Phoenix, also contributed $100,000 to the Rosenblum campaign.

DPA and Oregon medical marijuana advocates were quick to claim the election result showed there was a price to be paid for going against the drug reform tide. It was a message they wanted both prosecutors and the Obama administration to hear.

"Dwight Holton’s defeat in the Oregon Attorney General’s race should be taken as a clear and unambiguous message to US Attorneys around the country and to the national Democratic leadership that attacking state-approved medical marijuana programs is not a smart political move," said Jill Harris, managing director of strategic initiatives for Drug Policy Action, and a native of Eugene.

"Medical marijuana has overwhelming public support -- it is now legal in 16 US states and the District of Columbia, and national polls have consistently shown support in the 70-80% range for well over a decade. Drug war rhetoric and tactics will not be tolerated, and organizations like Drug Policy Action will be there to defend patients’ rights to safely access the medicine they need," she said in a Tuesday night statement.

No Oregon groups have yet released any statements, but there was much joy on their list serves Tuesday night. "I hope that law enforcement is paying attention as well," said one poster. "As this just goes to show that Oregon is sick of them wasting their resources on marijuana."

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

OR
United States

Colorado Drugged Driving Bill Dies -- Again

The third time wasn't the charm for Colorado legislators trying to pass a "per se" drugged driving bill aimed directly at marijuana users. The bill died last year in the Senate, it died this year in the House, and on Tuesday, it died once again after Gov. John Hickenlooper (D) brought it back for consideration during a short-lived special session he called to deal with unfinished business.

The bill, House Bill 12S-1005, would have mandated that anyone found driving with more than five nanograms of THC per milliliter of blood was presumed to be guilty of driving while impaired. Prosecutors would have needed no other evidence of actual impairment to win a conviction.

The bill failed by a single vote in the Senate Tuesday, with senators split 17-17 on the measure. The bill had already won approval earlier in the day in the House.

The bill was opposed by medical and recreational marijuana advocates and some members of the state legislature, even some Republicans, who argued that it unfairly targeted pot users with a scientifically uncertain measure of impairment.

"I don't think it'll make our roads any safer," said Sen. Pat Steadman (D-Denver).

Once again, only one vote made the difference. Will the legislature now give up on its quest to criminalize marijuana users who drive? We'll have to check back next year.

Denver, CO
United States

Drug Sentencing Reform Bill Passes in Kansas

A bill that would ease penalties on some small-time drug offenders has been approved by the Kansas legislature and awaits the governor's signature. The bill, House Bill 2318, won final approval in the House Monday on a 94-23 vote.

Kansas state capitol, Topeka (wikimedia.org)
The bill would give judges more discretion when sentencing drug offenders for small-time possession or dealing to support their own habits, if they have no more than a single prior conviction on their record.

Under the current Kansas sentencing scheme, drug offenses are determined by a sentencing grid, and drug possession and small-time dealing offenses are considered "presumptively prison" sentences. That means judges currently have to state specific findings if they want to depart downward from the grid by handing out a lesser sentence.

The bill creates a "border box" on the grid, which would allow judges to order drug treatment or a lesser sentence without having to formally justify such a decision.

The bill also creates harsher penalties for big-time drug manufacturing or sales, but legislators said those big cases are more likely to be prosecuted by federal authorities.

Kansas has been wrestling with ways of reducing its prison population in recent years, and passage of this bill is another move in that direction.

Topeka, KS
United States

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