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New Daily Roundups from Drug War Chronicle

If you've been following Drug War Chronicle on our web site the past week, you have probably noticed a new, daily feature, "Chronicle AM." The AM is a roundup of stories that have hit the news wires. As Phil noted in his award speech two weeks ago, there is too much happening now to be able to give it all even medium-level coverage, much less to do so quickly. Chronicle AM is a way to survey a lot of the important stories each day, and we continue to publish our usual features and newsbriefs on a daily basis too. The following are the stories we noted in Chronicle AM installments during the past week.

Marijuana Policy

New Hampshire Marijuana Legalization Bill Dies in Committee. House Bill 492, which would have taxed and regulated marijuana like alcohol was defeated in the House Criminal Justice and Public Safety Committee Wednesday on an 11-7 vote. The action came just a week after a state poll showed 60% supported the bill.

Federal Judge Cuts Marijuana Sentences. Maryland US District Court Judge James Bredar Monday handed down sentences lighter than called for in federal guidelines in a major marijuana smuggling case, saying such offenses are "not regarded with the same seriousness" as they were just a few decades ago. Bredar also noted that the federal government's decision to largely leave marijuana sales in legalization states raised "equal justice" concerns.

Amendments Filed to California Marijuana Legalization Initiative. Americans for Policy Reform, the people behind the 2014 Marijuana Control, Legalization and Revenue Act initiative, Wednesday filed amendments to the proposed law. They include strengthening some penalties and clarifying medical marijuana patient ID card requirements. This is one of two initiatives aiming at 2014 in California, neither of which have big donor support.

Portland, Maine, Marijuana Legalization Initiative Draws Late Opposition. Small signs urging Portlanders to "Vote No on Question 1, NO to POTland" have begun popping up just days before the city votes on legalization next week. Who put them up is a mystery; no group has filed paperwork at city hall opposing the initiative. The initiative would not legalize marijuana per se, but would allow people 21 and over to "engage in activities for the purposes of ascertaining the possession of marijuana and paraphernalia."

Arkansas Attorney General Rejects Marijuana Legalization Initiative. Attorney General Dustin McDaniel Tuesday rejected the ballot title for a proposed legalization initiative, saying the language was ambiguous. This is the second time he has rejected the measure, which can still be rewritten and resubmitted.

Colorado to Vote Tuesday on Marijuana Tax. Colorado voters will decide Tuesday whether to impose a 15% excise tax on marijuana sales to pay for school construction and a 10% sales tax to pay for marijuana regulation. The tax vote wasn't included in Amendment 64 because state law requires any new taxes to be approved by the voters. The measure is expected to pass despite opposition from some marijuana activists.

No Pot in Washington Bars, State Regulators Say. The Washington State Liquor Control Board Wednesday filed a draft rule banning any business with a liquor license from allowing on-site marijuana use. The state's pot law already bars public use, including in bars, clubs, and restaurants, but some businesses have tried to find loopholes allowing customers to use on premise, such as by having "private clubs" within the establishment.

DC Marijuana Reform Moves Could Spur Congress to Ponder Legalization. The DC city council appears set to approve decriminalization, and DC marijuana activists are pondering a 2014 ballot initiative to legalize marijuana. That could set the stage for Congress to finally turn its sights on federal marijuana legalization, Bloomberg News suggested in this think piece.

One-Fourth of Americans Would Buy Legal Weed, Poll Finds. At least one out of four Americans (26%) said they would buy marijuana at least on "rare occasions" if it were legal, according to a Huffington Post/YouGov poll released Thursday. Only 9% said they buy it on rare occasions now. One out of six (16%) of respondents said they never buy it now, but might if it were legal.

Dispensaries like this one could become marijuana retail stores in Colorado.
Let A Hundred Pot Shops Bloom… in Colorado. The Colorado Marijuana Enforcement Division reported late last week that it has received applications from 136 people seeking to open adult use marijuana retail stores. By law, only people currently operating medical marijuana businesses could apply. Those who applied by the end of October will have decisions on their applications before year's end, meaning they could open on January 1, the earliest date adult marijuana sales will be allowed in the state.

NYC Subway Vigilante Bernie Goetz Busted in Penny Ante Marijuana Sting. The New York City man who became a national figure after shooting four teens who asked him for money on the subway back in 1984 was arrested last Friday over a $30 marijuana sale. Bernie Goetz is accused of selling the miniscule amount of marijuana to an undercover officer.

Colorado Voters Approve Marijuana Taxes. Colorado voters approved a taxation scheme that will add 25% in wholesale and retail taxes to the price of legally sold marijuana in the state. Proposition AA was winning with 64% of the vote at last report.

Three Michigan Cities Approve Marijuana Measures. Voters in the Michigan cities of Lansing, Jackson, and Ferndale handily approved local measures to legalize the possession of small amounts of marijuana by adults 21 and over. The measures passed with 69% of the vote in Ferndale, 63% in Lansing, and 61% in Jackson. The trio of towns now join other Michigan cities, including Grand Rapids and Detroit, that have municipally decriminalized pot possession.

Medical Marijuana

Florida Lawmakers Oppose Medical Marijuana Initiative. Florida House and Senate leaders said late last week that they will join Attorney General Pam Bondi (R) in asking the state Supreme Court to block a medical marijuana initiative from going to the ballot. "We certainly don't want a situation like they've got in Colorado," explained state Rep. Doug Holder (R-Venice). Petitioners have gathered only about 200,000 of the more than 600,000 signatures they need to make the ballot. They have until February, unless the state Supreme Court puts the kibosh on the effort.

Florida Governor Candidate Supports Medical Marijuana Initiative. Candidate for the Democratic gubernatorial nomination Nan Rich said last Friday she supports a proposed medical marijuana ballot initiative. "I've seen the research, I've studied the issue, and I've met with patients who clearly benefit and desperately need medically prescribed cannabis," Rich said in a statement. "That's why I'm signing the petition to get this important measure on the ballot in 2014 and I'm calling on all of my friends and supporters to do the same. There is simply no reason patients should suffer when an effective, safe, and organic remedy is readily available."

Washington State Regulators to Hold Hearing on Controversial Medical Marijuana Plans. The Washington state Liquor Control Board announced last Friday it will hold a hearing November 13 in Lacey to take public testimony on proposed changes to the state's medical marijuana system. Regulators have issued draft recommendations that would reduce the amount of medical marijuana patients could possess and end their ability to grow their own, among other things.

Search and Seizure

Federal Appeals Court Blocks Judge's Ruling on NYPD Stop-and-Frisk. The 2nd US Court of Appeals in New York City blocked an order by District Court Judge Shira Scheindlin requiring changes in the NYPD's much criticized stop-and-frisk program. In an unusual move, the appeals court also removed Judge Scheindlin from the case, saying she had violated the code of conduct for federal judges by giving media interviews and publicly responding to criticism of her court. Scheindlin had found that NYPD violated the civil rights of tens of thousands of people by subjecting them to stop-and-frisk searches based on their race.

New Mexico Man Sues over Forced Anal Drug Search. A Deming, New Mexico, man detained for running a stop sign allegedly had his buttocks clenched when ordered out of his vehicle by police, leading them to suspect he had drugs secreted in his rectum. Police obtained a search warrant from a compliant judge, then had medical personnel forcibly subject the man to repeated anal probes, enemas, and a colonoscopy in a futile attempt to find any drugs. In addition to the unreasonableness of the invasive searches, they also took place outside of the jurisdiction where the warrant was issued and after the timeline specified in the warrant. The victim, David Eckert, ought to be picking up a nice check one of these years.

Second New Mexico Anal Drug Search Victim Emerges. Yesterday, the Chronicle AM noted the case of Deming, New Mexico, resident David Eckert, who was subjected to anal probes, enemas, x-rays, and colonoscopies without his consent after being pulled over for running a stop sign. The cops suspected he had drugs. He didn't and is now suing the police, the county, and the medical personnel who participated. Now, a second victim has emerged. Timothy Young was stopped for failure to use a turn signal. As was the case with Eckert, a drug dog -- Leo the K-9 -- alerted, but as was the case with Eckert, no drugs were found, despite the extensive invasive searches. Turns out the drug dog has not been certified for more than two years and has a history of false alerts, and the hospital where the searches were conducted was not within the jurisdiction of the search warrant. It looks like another New Mexico resident will get a big check at the taxpayers' expense one of these days.

Drug Testing

Truckers Object to Federal Bill to Allow Hair Drug Tests. A bill pending in Congress, House Resolution 3403, the "Drug Free Commercial Driver Act of 2013," is drawing opposition from an independent trucker group, the association's organ Landline Magazine reports. The bill would allow trucking companies to use hair testing for pre-employment and random drug tests. Currently, federal regulations mandate urine testing and allow hair testing only in conjunction with urine tests, not as a replacement. Hair-based testing can reveal drug use weeks or months prior to the testing date. The independent truckers accuse bill sponsors of carrying water for larger trucking firms that want to undercut their competition.

Michigan Governor Signs Unemployment Drug Testing Law. Gov. Rick Snyder (R) Tuesday signed a bill that denies unemployment benefits to job seekers who fail employer drug tests. The law is in effect for one year as a pilot program.

Drug Testing Provision Stripped from New Hampshire Hep C Bill. A bill written in the wake of an outbreak of Hep C infections linked to an Exeter Hospital employee will not include random drug testing for health care employees. The bill, House Bill 597, originally contained such language, but it was stripped out in the House Health, Human Services, and Elderly Affairs Committee. Federal courts have held that drug tests constitute a search under the meaning of the Fourth Amendment and thus require probable cause, except in limited circumstances.

Psychedelics

New Group Formed to Assure Sustainability of Psychedelic Plants. The Ethnobotanical Stewardship Council was launched at the International Drug Policy Reform Conference in Denver last weekend. It will concentrate on "assuring the sustainability and safe use of traditional plants," and prominently mentioned ayahuasca in its formation announcement.

Sentencing Reform

Bipartisan Mandatory Minimum Reform Bill Introduced in US House. On Wednesday, Reps. Raul Labrador (R-ID) and Bobby Scott (D-VA) introduced the Smarter Sentencing Act, which would significantly reform mandatory minimum drug sentencing policies. Companion legislation in the Senate, Senate Bill 1410, was introduced in July. The bills would halve mandatory minimum sentence lengths and expand safety valve access, as well as extend retroactivity under the Fair Sentencing Act of 2010.

Study Shows Way to Louisiana Sentencing Reform. A study released Tuesday by the Reason Foundation, the Pelican Institute for Public Policy, and the Texas Public Policy Foundation details how Louisiana can reduce its prison population and corrections spending without lessening public safety by eliminating mandatory minimum sentences for nonviolent offenders and reforming its habitual offender law. The study, "Smart on Sentencing, Smart on Crime: Reforming Louisiana's Determinate Sentencing Laws," is available online here.

International

At Least Five Dead in Mexico Vigilante vs. Cartel Clashes. Attacks in the Western Mexican state of Michoacan, home of the Knights Templar cartel, between anti-cartel vigilantes and cartel members left at least five dead and thousands without electric power last weekend. The fighting erupted after anti-cartel "self defense forces" marched Friday in the Knights Templar stronghold of Apatzingan and accelerated over the weekend. Vigilantes said they saw the bodies of at least 12 cartel members.

UNODC Head Says Afghan Opium Crop is Thriving, Spreading. In remarks in advance of the release of the UN Office on Drugs and Crime's annual Afghan opium survey early in November, UNODC head Yury Fedotov warned that the poppy crop will increase for the third straight year and that cultivation had spread into formerly poppy-free areas under central government control. Afghanistan accounts for about 90% of the global illicit opium supply.

New Zealand to Host International Conference on Drug Reform Laws. The country has drawn international attention for its innovative approach to new synthetic drugs -- regulating instead of prohibiting them -- and will be the site of a March 20, 2014 "Pathway to Reform" conference explaining how the domestic synthetic drug industry began, how the regulatory approach was chosen and how it works. International attendees will include Drug Policy Alliance head Ethan Nadelmann and Amanda Fielding, of Britain's Beckley Foundation.

Canada SSDP to Hold National Conference in Vancouver. Canadian Students for Sensible Drug Policy (CSSDP) will hold its sixth annual conference on November 22-24 in Vancouver, BC. Featured speakers will include Donald McPherson, head of the Canadian Drug Policy Coalition; Dana Larsen, director of Sensible BC and the Vancouver Dispensary Society; and Missi Woolrdige, director of DanceSafe, among others.

Hong Kong Docs Criticize Government Drug Testing Plan. The Hong Kong Medical Association said Monday that a government plan to allow police to test anyone for drug use based on "reasonable suspicion" is flawed and violates basic human rights. The local government began a four-month consultation on the plan in September, and now the doctors have weighed in. The association said that drug testing was an unproven method of reducing drug use and resources should instead be devoted to prevention and education campaigns and cooperation with mainland police against drug trafficking.

India to Greatly Expand Opiate Maintenence Centers. Responding to an increase in the number of injection drug users, the Indian government is moving to expand the number of its Opiate Substitution Therapy (OST) centers six-fold, from a current 52 to 300 by the end of the year. Drug user groups, including the Indian Drug Users Forum, and harm reduction groups, such as Project Orchid have been involved in planning the expansion. It's not clear what drug the Indians are using in OST.

Ireland Parliament to Debate Marijuana Legalization This Week. A private motion by independent Dail, or Irish parliament, member Luke "Ming" Flanagan will be debated on Tuesday and Wednesday. Flanagan's bill would make it legal to possess, grow, and sell marijuana products.

Cartel Violence Flares in Mexican Border Town. Sunday shootouts between rival drug trafficking organizations and between traffickers and soldiers left at least 13 people dead in the Mexican border town of Matamoros, just across the Rio Grande River from Brownville, Texas. Four men and a woman were killed in clashes between rival gangs, and eight more died in fighting with Mexican Marines. Somewhere north of 75,000 people have been killed in violence since former President Felipe Calderon called out the armed forces to wage war on the cartels six and a half years ago. Meanwhile, the drugs continue to flow north and the guns and cash flow south.

Toronto Mayor Rob Ford (wikipedia.org)
Toronto Mayor Admits He Smoked Crack, But Says He's Not an Addict. Months after rumors of a video showing Toronto Mayor Rob Ford smoking crack cocaine emerged, but only days after Toronto police said they had a copy of that video, Ford told reporters Tuesday that he had indeed smoked crack, but that he did so "in a drunken stupor" and that he wasn't an addict. Time will tell if his political career survives the revelation.

Marijuana Legalization Debate Looms in Morocco. Moroccan activists and politicians are close to firming up a date later this month for the parliament to hear a seminar on the economic implications of legalization hosted by the powerful Party of Authenticity and Modernity. Morocco is one of the world's largest marijuana producers, with output estimated at 40,000 tons a year, most of which is transformed into hashish and destined for European markets.

Czech Police in Mass Raid on Grow Shops. Although the Czech Republic has a reputation as a pot-friendly destination, recreational marijuana use remains illegal. Czech police served up a reminder of that reality Tuesday, raiding dozens of stores that sell growers' supplies. Police seized fertilizer, grow lights, and marijuana growing guidebooks and said they suspected store owners of violating drug laws by providing people with all the equipment they needed to grow their own. There was no mention made of any arrests.

New Zealand Court Says Employer Can't Force Workers to Undergo Drug Tests. New Zealand's Employment Court has ruled that companies cannot impose random drug tests on workers, nor discipline them for refusing such a test. Mighty River Power Company had a collective bargaining agreement with workers, which allowed testing only under specified circumstances, but initiated random drug tests later. If the company wants random drug test, the court said, it would need to negotiate a new provision in the collective bargaining agreement.

Mexican Military Takes over Key Pacific Seaport in Bid to Fight Cartels. The Mexican military has moved into the major port of Lazaro Cardenas and the adjoining town of the same name in the violence-plagued state of Michoacan. Soldiers are now responsible for policing duties, and all 113 police officers in Lazaro Cardenas have been sidelined until they undergo drug testing and police training. The port of Lazaro Cardenas is the main entrepot for precursor chemicals used in the manufacture of methamphetamine, which is produced in the state by the Knights Templar cartel. The Knights are also engaged in ongoing fighting with vigilante "self-defense" forces in the state.

(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.)

Chronicle AM--November 6, 2013

Voters in Colorado and Michigan approve marijuana measures (and so do voters in Portland, Maine--see our news brief this issue), another New Mexico anal drug search victim emerges and the Mexican military moves into Lazaro Cardenas. Let's get to it:

Marijuana

Colorado Voters Approve Marijuana Taxes. Colorado voters approved a taxation scheme that will add 25% in wholesale and retail taxes to the price of legally sold marijuana in the state. Proposition AA was winning with 64% of the vote at last report.

Three Michigan Cities Approve Marijuana Measures. Voters in the Michigan cities of Lansing, Jackson, and Ferndale handily approved local measures to legalize the possession of small amounts of marijuana by adults 21 and over. The measures passed with 69% of the vote in Ferndale, 63% in Lansing, and 61% in Jackson. The trio of towns now join other Michigan cities, including Grand Rapids and Detroit, that have municipally decriminalized pot possession.

Search and Seizure

Second New Mexico Anal Drug Search Victim Emerges. Yesterday, the Chronicle AM noted the case of Deming, New Mexico, resident David Eckert, who was subjected to anal probes, enemas, x-rays, and colonoscopies without his consent after being pulled over for running a stop sign. The cops suspected he had drugs. He didn't and is now suing the police, the county, and the medical personnel who participated. Now, a second victim has emerged. Timothy Young was stopped for failure to use a turn signal. As was the case with Eckert, a drug dog—Leo the K-9—alerted, but as was the case with Eckert, no drugs were found, despite the extensive invasive searches. Turns out the drug dog has not been certified for more than two years and has a history of false alerts, and the hospital where the searches were conducted was not within the jurisdiction of the search warrant. It looks like another New Mexico resident will get a big check at the taxpayers' expense one of these days.

International

Mexican Military Takes over Key Pacific Seaport in Bid to Fight Cartels. The Mexican military has moved into the major port of Lazaro Cardenas and the adjoining town of the same name in the violence-plagued state of Michoacan. Soldiers are now responsible for policing duties, and all 113 police officers in Lazaro Cardenas have been sidelined until they undergo drug testing and police training. The port of Lazaro Cardenas is the main entrepot for precursor chemicals used in the manufacture of methamphetamine, which is produced in the state by the Knights Templar cartel. The Knights are also engaged in ongoing fighting with vigilante "self-defense" forces in the state.

Chronicle AM -- November 4, 2013

Remember Bernie Goetz? He made the news again over the weekend, and so did Florida's medical marijuana initiative. There's also drug policy news from around the world. Let's get to it

Colorado medical marijuana dispensaries like this one could reopen as adult pot stores on January 1. (wikipedia.org)
Marijuana

Let A Hundred Pot Shops Bloom…in Colorado. The Colorado Marijuana Enforcement Division reported late last week that it has received applications from 136 people seeking to open adult use marijuana retail stores. By law, only people currently operating medical marijuana businesses could apply. Those who applied by the end of October will have decisions on their applications before year's end, meaning they could open on January 1, the earliest date adult marijuana sales will be allowed in the state.

NYC Subway Vigilante Bernie Goetz Busted in Penny Ante Marijuana Sting. The New York City man who became a national figure after shooting four teens who asked him for money on the subway back in 1984 was arrested last Friday over a $30 marijuana sale. Bernie Goetz is accused of selling the miniscule amount of marijuana to an undercover officer.

Medical Marijuana

Florida Lawmakers Oppose Medical Marijuana Initiative. Florida House and Senate leaders said late last week that they will join Attorney General Pam Bondi (R) in asking the state Supreme Court to block a medical marijuana initiative from going to the ballot. "We certainly don't want a situation like they've got in Colorado," explained state Rep. Doug Holder (R-Venice). Petitioners have gathered only about 200,000 of the more than 600,000 signatures they need to make the ballot. They have until February, unless the state Supreme Court puts the kibosh on the effort.

Florida Governor Candidate Supports Medical Marijuana Initiative. Candidate for the Democratic gubernatorial nomination Nan Rich said last Friday she supports a proposed medical marijuana ballot initiative. "I’ve seen the research, I’ve studied the issue, and I’ve met with patients who clearly benefit and desperately need medically prescribed cannabis," Rich said in a statement. "That's why I’m signing the petition to get this important measure on the ballot in 2014 and I’m calling on all of my friends and supporters to do the same.  There is simply no reason patients should suffer when an effective, safe, and organic remedy is readily available."

Washington State Regulators to Hold Hearing on Controversial Medical Marijuana Plans. The Washington state Liquor Control Board announced last Friday it will hold a hearing November 13 in Lacey to take public testimony on proposed changes to the state's medical marijuana system. Regulators have issued draft recommendations that would reduce the amount of medical marijuana patients could possess and end their ability to grow their own, among other things.

International

Canada SSDP to Hold National Conference in Vancouver. Canadian Students for Sensible Drug Policy (CSSDP) will hold its sixth annual conference on November 22-24 in Vancouver, BC. Featured speakers will include Donald McPherson, head of the Canadian Drug Policy Coalition; Dana Larsen, director of Sensible BC and the Vancouver Dispensary Society; and Missi Woolrdige, director of DanceSafe, among others.

Hong Kong Docs Criticize Government Drug Testing Plan. The Hong Kong Medical Association said Monday that a government plan to allow police to test anyone for drug use based on "reasonable suspicion" is flawed and violates basic human rights. The local government began a four-month consultation on the plan in September, and now the doctors have weighed in. The association said that drug testing was an unproven method of reducing drug use and resources should instead be devoted to prevention and education campaigns and cooperation with mainland police against drug trafficking.

India to Greatly Expand Opiate Maintenence Centers. Responding to an increase in the number of injection drug users, the Indian government is moving to expand the number of its Opiate Substitution Therapy (OST) centers six-fold, from a current 52 to 300 by the end of the year. Drug user groups, including the Indian Drug Users Forum, and harm reduction groups, such as Project Orchid have been involved in planning the expansion. It's not clear what drug the Indians are using in OST. 

Ireland Parliament to Debate Marijuana Legalization This Week. A private motion by independent Dail, or Irish parliament, member Luke "Ming" Flanagan will be debated on Tuesday and Wednesday. Flanagan's bill would make it legal to possess, grow, and sell marijuana products.

Cartel Violence Flares in Mexican Border Town. Sunday shoot-outs between rival drug trafficking organizations and between traffickers and soldiers left at least 13 people dead in the Mexican border town of Matamoros, just across the Rio Grande River from Brownville, Texas. Four men and a woman were killed in clashes between rival gangs, and eight more died in fighting with Mexican Marines. Somewhere north of 75,000 people have been killed in violence since former President Felipe Calderon called out the armed forces to wage war on the cartels six and a half years ago. Meanwhile, the drugs continue to flow north and the guns and cash flow south.

(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.)

Chronicle Daily News--October 31, 2013

Here's our first try at altering our format to continue to bring you comprehensive coverage of what's going on in the war on drugs and the world of drug reform. Look for this or something similar on a daily basis from now on. Let's get to it:

Marijuana

New Hampshire Marijuana Legalization Bill Dies in Committee. House Bill 492, which would have taxed and regulated marijuana like alcohol was defeated in the House Criminal Justice and Public Safety Committee Wednesday on an 11-7 vote. The action came just a week after a state poll showed 60% supported the bill.

Federal Judge Cuts Marijuana Sentences. Maryland US District Court Judge James Bredar Monday handed down sentences lighter than called for in federal guidelines in a major marijuana smuggling case, saying such offenses are "not regarded with the same seriousness" as they were just a few decades ago. Bredar also noted that the federal government's decision to largely leave marijuana sales in legalization states raised "equal justice" concerns.

Amendments Filed to California Marijuana Legalization Initiative. Americans for Policy Reform, the people behind the 2014 Marijuana Control, Legalization and Revenue Act initiative, Wednesday filed amendments to the proposed law. They include strengthening some penalties and clarifying medical marijuana patient ID card requirements. This is one of two initiatives aiming at 2014 in California, neither of which have big donor support.

Portland, Maine, Marijuana Legalization Initiative Draws Late Opposition. Small signs urging Portlanders to "Vote No on Question 1, NO to POTland" have begun popping up just days before the city votes on legalization next week. Who put them up is a mystery; no group has filed paperwork at city hall opposing the initiative. The initiative would not legalize marijuana per se, but would allow people 21 and over to "engage in activities for the purposes of ascertaining the possession of marijuana and paraphernalia."

Arkansas Attorney General Rejects Marijuana Legalization Initiative. Attorney General Dustin McDaniel Tuesday rejected the ballot title for a proposed legalization initiative, saying the language was ambiguous. This is the second time he has rejected the measure, which can still be rewritten and resubmitted.  

Drug Testing

Michigan Governor Signs Unemployment Drug Testing Law. Gov. Rick Snyder (R) Tuesday signed a bill that denies unemployment benefits to job seekers who fail employer drug tests. The law is in effect for one year as a pilot program.

Psychedelics

New Group Formed to Assure Sustainability of Psychedelic Plants. The Ethnobotanical Stewardship Council was launched at the International Drug Policy Reform Conference in Denver last weekend. It will concentrate on "assuring the sustainability and safe use of traditional plants," and prominently mentioned ayahuasca in its formation announcement.

Sentencing Reform

Bipartisan Mandatory Minimum Reform Bill Introduced in US House. On Wednesday, Reps. Raul Labrador (R-ID) and Bobby Scott (D-VA) introduced the Smarter Sentencing Act, which would significantly reform mandatory minimum drug sentencing policies. Companion legislation in the Senate, Senate Bill 1410, was introduced in July. The bills would halve mandatory minimum sentence lengths and expand safety valve access, as well as extend retroactivity under the Fair Sentencing Act of 2010.

Study Shows Way to Louisiana Sentencing Reform. A study released Tuesday by the Reason Foundation, the Pelican Institute for Public Policy, and the Texas Public Policy Foundation details how Louisiana can reduce its prison population and corrections spending without lessening public safety by eliminating mandatory minimum sentences for nonviolent offenders and reforming its habitual offender law. The study, "Smart on Sentencing, Smart on Crime: Reforming Louisiana's Determinate Sentencing Laws," is available online here and here.

International

At Least Five Dead in Mexico Vigilante vs. Cartel Clashes. Attacks in the Western Mexican state of Michoacan, home of the Knights Templar cartel, between anti-cartel vigilantes and cartel members left at least five dead and thousands without electric power last weekend. The fighting erupted after anti-cartel "self defense forces" marched Friday in the Knights Templar stronghold of Apatzingan and accelerated over the weekend. Vigilantes said they saw the bodies of at least 12 cartel members. 

UNODC Head Says Afghan Opium Crop is Thriving, Spreading. In remarks in advance of the release of the UN Office on Drugs and Crime's annual Afghan opium survey early in November, UNODC head Yury Fedotov warned that the poppy crop will increase for the third straight year and that cultivation had spread into formerly poppy-free areas under central government control. Afghanistan accounts for about 90% of the global illicit opium supply.

UN Drug Chief Warns of Afghanistan "Narco-State"

Afghanistan could collapse into a "full-fledged narco-state" as the looming withdrawal of US and NATO combat forces creates a gaping hole in the center of the country's economy, Yuri Fedotov, the head of the UN Office on Drugs and Crime (UNODC) warned Wednesday.

In an interview with Reuters, Fedotov noted that the Western forces generate about a third of all jobs and investment in Afghanistan. They are due to leave the country by the end of next year, and even the presence of a residual force of up to 10,000 fighters is increasingly in doubt as the US and Afghan haggle over a status of forces agreement that would allow them to stay.

The other major economic activity in the country is opium production, processing, and distribution, including the manufacture of heroin from raw opium, which accounts for roughly another third of the national economy. Since the US invaded Afghanistan in October 2001, it has consistently been the world's leading source of illicit opium production, accounting for nearly 90% of all poppies produced worldwide.

Multi-hundred million dollar annual cash flows associated with the opium economy have benefited the Taliban insurgency, which taxes farmers in areas it controls as well as engaging in or protecting drug trafficking. They have also benefited corrupt Afghan government officials and associated warlords.

Fedotov, whose native Russia has been flooded with Afghan heroin, said Wednesday that an upcoming UNODC survey due later this month will show increases in both opium cultivation and production.

"The situation is worsening, that is clear and very disappointing," he said. "It is a very serious setback, but we need to take that as a warning shot," he added, calling for increased international assistance.

"That is also fertile ground for corruption and other forms of transnational organized crime. It is a multi-faceted challenge and we need to take that as a serious problem," Fedotov warned. "Otherwise we have a serious risk that without international support, without more meaningful assistance, this country may continue to evolve into a full-fledged narco-state," he said. "We have not been able to develop an alternative economy in Afghanistan," Fedotov said. "With all our efforts, it was very hard to move from illicit to licit."

Oh, and those Afghan farmers? When they're not producing opium, they're producing cannabis. Afghanistan is also one of the world's preeminent producers of it, according to UNODC, and production was up again last year, the group reported last month.

Afghanistan

Venezuela to Shoot Down Drug Planes

Venezuelan President Nicolas Maduro warned last week this his government will shoot down planes using Venezuelan air space to smuggle drugs. The National Assembly passed a law allowing for such actions in May, but it did not go into effect until this month.

"Let drug traffickers know that starting today any plane that enters Venezuela (to smuggle drugs) will be forced to land in peace, or else it will by shot down by our Sukhoi, our F-16s and the entire Venezuelan Air Force," Maduro said in a speech last Wednesday. "I will begin applying this law immediately in coordination with our armed forces," he added.

While Venezuela is not a drug-producing country, it has become a key transit route for cocaine produced in neighboring Colombia, only this year displaced by Peru as the world's leading coca and cocaine producer. The US government has placed Venezuela and its South American ally Bolivia on its annual list of countries not complying with US drug war objectives, a charge both countries categorically rejected. (Oddly enough, neither Colombia nor Peru are on that list, nor Mexico, the country from which the most drugs are imported to the US.)

The drug plane shoot-down law, known officially as the Law of Control for the Integral Defense of Airspace, was originally proposed in 2011 by the late President Hugo Chavez. After Chavez's death last December, the law was approved by the National Assembly.

While an apparent violation of international civil aviation law, the shooting down of civilian planes suspected of drug running led to the downing of at least 30 planes by Peruvian authorities in the 1990s. The US suspended its cooperation with Peru in that effort after Peruvian fighter jets working with CIA spotters blasted a plane carrying American missionaries out of the sky in 2001, resulting in the deaths of Veronica Bowers and her infant child. Brazil also has had such a policy in place since 2004.

Caracas
Venezuela

Peru Retakes Spot as World's #1 Coca Producer

And the wheel turns. Twenty years ago, Peru produced about 60% of the world's coca crop, from which cocaine is derived. But crop disease and aggressive anti-trafficking efforts in Peru hurt output there even as cultivation blossomed in Colombia, which took first place honors by the turn of the century.

coca leaf statues in Peruvian village (Phillip Smith)
But now, according to the UN Office on Drugs and Crime (UNODC), Peru has regained its status as the number one producer. In a report issued last week, UNODC estimated that Peru had 151,000 acres of land devoted to coca production, compared to 125,000 acres in second place Colombia and about 63,000 acres in third place Bolivia.

Just as aggressive eradication and interdiction campaigns in Peru -- including a US-aided policy of shooting down suspected drug trafficking planes -- reduced the coca supply there in the 1990s, the massive US aid program known as Plan Colombia, with its aerial fumigation and aggressive eradication programs, has managed to shrink production in Colombia.

At its peak in 2000, Colombia accounted for 90% of the world's cocaine, with about 400,000 acres planted with coca. Since then, that figure has shrunk by about one third.

But in a clear example of "the balloon effect," Peru has taken up the slack, and has been well-situated to take advantage of growing Brazilian and European demand for cocaine. Peru's reemergence as the global coca leader comes despite renewed efforts by President Ollanta Humala to crack down on coca cultivation, as well as the trafficking and armed rebel groups -- remnants of the feared Shining Path insurgency of the 1980s -- who protect and profit from it.

Peru actually managed to decrease cultivation this year by about 4,000 acres, or 3.4%, according to UNODC. But given continuing declines in Colombia and stable, lower-level production in Bolivia, the country retakes first place even with the decline.

Unlike Colombia, both Peru and Bolivia have long histories of indigenous coca use, and both countries have large legal coca markets. But according to the UNODC, of Peru's estimated 129,000 tons of dried coca leaves, only 9,000 tons were destined for the legal market. That leaves 120,000 tons of leaves ready to be turned into cocaine hydrochloride and snorted up noses in Rio de Janeiro, Rome, and Riyadh.

Peru

Bolivia, Venezuela Reject US Drug Criticism

Last Friday, the White House released its annual score card on other countries' compliance with US drug policy demands, the presidential determination on major drug producing and trafficking countries. It identified 22 countries as "major drug transit and/or major illicit drug producing countries," but listed only three -- Bolivia, Burma, and Venezuela -- as having "failed demonstrably" to comply with US drug war objectives.

Cocaine has Washington's nose out of joint when it comes to Bolivia and Venezuela. (wikipedia.org)
Among those countries that are not listed as having "failed demonstrably" are the world's largest opium producer (Afghanistan), the world's two largest coca and cocaine producers (Colombia and Peru), the leading springboard for drugs coming into the US (Mexico), and the weak Central American states that serve as lesser springboards for drug loads destined for the US. They are all US allies; Bolivia and Venezuela are not.

Both the Bolivians and the Venezuelans responded angrily to the determination.

"We strongly reject the accusation... The United States is trying to ignore our government's sovereign policies," Alejandro Keleris, the head of Venezuela's national anti-drug office, said late on Saturday in response to the US report.

Keleris said Venezuela had arrested more than 6,400 people for drug trafficking so far this year and seized almost 80,000 pounds of various drugs. Venezuela had arrested over a hundred drug gang bosses since 2006 and extradited at least 75 of them, including some to the US, he said.

Drug enforcement ties between Washington and Caracas have been strained since at least 2005, when then President Hugo Chavez threw the DEA out of the country, accusing it of intervening in internal Venezuelan affairs. Venezuela is not a drug producing nation, but has been a transit country for cocaine produced in Colombia.

Bolivia's denunciation of the presidential determination was even stronger.

"The Bolivian government does not recognize the authority of the US government to certify or decertify the war on drugs," Vice Minister of Social Defense and Controlled Substances Felipe Caceres said Saturday. "The only internationally accredited body is the UN, whose report was recently met."

The UN report that Caceres referenced was last month's Bolivian Coca Monitoring Survey, which found that the government of President Evo Morales had successfully reduced the number of acres under coca cultivation for the second year in a row.

"President Obama makes that statement even though only two months ago the Office of National Drug Control Policy of the White House verified that the total cocaine production in Bolivia has fallen by 18% since 2011," the Bolivian government said last Friday. "The United States seeks to undermine that the government of President Evo Morales has achieved these things with dignity, sovereignty and social control without any type of interference from abroad."

Like Venezuela, Bolivia has thrown out the DEA, which has been absent from the country for five years now. In May, Bolivia announced it had expelled a USAID official, and in June, the US embassy announced it was ending anti-drug efforts with the Bolivians.

Chronicle Book Review: "Our Lost Border" and "The Fight to Save Juarez"

Our Lost Border: Essays on Life Amid the Narco-Violence, Sarah Cortez and Sergio Troncoso, eds. (2013, Arte Publico Press, 290 pp., $19.95 PB)

The Fight to Save Juarez: Life in the Heart of Mexico's Drug War, Ricardo Ainslie (2013, University of Texas Press, 282 pp., $25.00 HB)

More than six years after then President Felipe Calderon unleashed the Mexican military to wage war against the country's wealthy, powerful, and murderous drug trafficking organizations -- the so-called cartels -- Calderon is gone, but the unprecedented violence unleashed by his campaign continues largely unabated. The new administration of President Enrique Pena Nieto is claiming some successes, but lauding the fact that the killings are now going on a rate of only a thousand or so a month is more a sign of how far things still have to go than have far we have come.

While talking a good game about how his administration is going to pursue a different path from that of his predecessor, Pena Nieto has in fact largely maintained Calderon's policies. The military is still out in the field fighting cartel gunmen, the government still shouts out with pride whenever it captures a top capo (and it has captured three in the past six weeks), and Pena Nieto's plan for a national gendarmerie to replace the soldiers is busily vanishing before our eyes.

Rhetorical flourishes notwithstanding, it still looks much like the same old Mexican drug war, even if it isn't garnering the attention north of the border that it did last year. The reason for that lack of attention now may not be nefarious. Last year was a presidential election year in both countries. For the US electorate, that meant the border and the Mexican drug war was an issue; for the Mexicans, the drug war came to define Calderon's tenure. Now, the elections are over and attention (at least north of the border) has turned elsewhere.

But for the people who actually live on the border, the issue isn't going away. And even if the violence, the corruption, and the criminality miraculously vanished tomorrow, the scars -- physical and psychological -- remain. Too many people have died, too many communities have been devastated, too many decapitated heads have been left in too many places. Local economies have been devastated, long-time cross-border ties, familial and otherwise, disrupted.

At best, one can say that Rio Grande Valley Mexican border towns like Ciudad Juarez, Nuevo Laredo, Reynosa, and Matamoros have already been through the worst of the conflagration -- like a forest after a wild fire, most of the combustible fuel is gone. The scores have largely been settled on the Mexican side of the Rio Grande: The Sinaloa Cartel has severely weakened its rival Juarez Cartel, the Zetas have nearly eliminated the Gulf Cartel. While only a couple of years ago, Juarez and the other valley cities were ground zero for the Mexican drug war, the fire has moved on, to place like Michoacan, Durango, and Chihuaha City.(Although, after these recent captures of cartel leaders, things could flare up again as rival underlings scramble to replace them and rival cartels scramble to take advantage.)

In The Fight to Save Juarez, psychoanalyst and multi-media documentarian Ricardo Ainslie details life in El Paso's sister city during the worst of the cartel violence, relying on a quite impressive series of interviews with then Mayor Jose Reyes Ferriz, human rights workers, state and federal government officials, cartel gun molls, and ordinary citizens. Ainslie provides a smart, detailed, and fascinating look at a city devastated by anarchic violence and the winking complicity that accompanied it.

One of his most striking achievements is to narrate the outbreak of war between the Juarez Cartel and the encroaching Sinaloans, and to locate the opening of hostilities squarely in the ranks of the Juarez municipal police. Ainslie makes painfully clear how corrupted the department was, with a high proportion of its membership doing double duty as La Linea, the strong-armed enforcers and executioners for the Juarez Cartel. It was those guys who were targeted by the Sinaloa Cartel, first with exemplary executions, then with invitations to switch sides, then with more executions of those police who refused their offer. And the gang war was on.

Ainslie deftly navigates the intricacies of state (not so much, thanks to a corrupted Chihuahua governor), local, and federal efforts to do something about the savagery and about the police department. The bloodletting in Juarez, already festering in the national imagination, became Mexico's issue number one after the massacre of neighborhood youth at a party in Villas de Salvarcar by cartel gun men, and Ainslie was there as Calderon and his ministers were forced to come to Juarez and take the heat for the results of their policies.

Ainslie brings nuance and subtlety to his reporting, illuminating political rivalries and the interplay of different levels of government, as well as the human suffering and economic disruptions involved. The Fight to Save Juarez clears away much of the murkiness surrounding what went on in Juarez during those bloody years beginning in 2008, and places the struggle there in the context of a society where just about everyone is complicit in one way or another in the gravy train that is the Mexican drug trade.

What Ainslie does not do is question drug prohibition. For him, drug prohibition is simply a given, and the answers to Mexico's problems with prohibition-related violence and corruption must come from somewhere other than reevaluating the drug laws. That said, his reporting is still a valuable contribution to understanding the realities of Mexico's drug war.

Similarly, the essays in Our Lost Border generally do not question drug prohibition. What they do do, with uneven degrees of success, is bring life in a war zone home at a very personal level. Whether is it Richard Mora lamenting the loss of the Tijuana of his youth or Diego Osorno writing about the wholesale abandonment of a Rio Grande Valley town to warring cartel factions in "The Battle for Ciudad Mier," these Mexican and Mexican-American writers describe a cherished past vanquished by a bloody, horrifying present.

And Our Lost Border is bilingual, the essays appearing in both Spanish and English. That is appropriate and even symbolic; Mexico's drug war isn't just Mexico's. As Americans, we own it, too, and for border Mexican-Americans or even as Anglos with cross-border ties, this isn't about violence in a distant land, this is about the binational community, friends, and family.

Neither of these books even pretends to be an anti-prohibitionist manifesto. But that's okay. They both help us achieve a richer, deeper understanding of what is going on on the border in the name of the drug war. We can draw our own conclusions.

Mexico's New Drug War Looks Like the Old Drug War

Mexican President Enrique Pena Nieto came into office in December vowing to break with his predecessor's reliance on the Mexican military to fight the so-called drug cartels. He said he wanted to concentrate on lowering crime and increasing public security instead of making high-profile busts or killings of cartel leaders, and he said he would create a militarized national police force to replace the military in drug fighting.

But Pena Nieto announced last week that the new militarized national police force has been shrunk from 40,000 to 5,000, with his government citing concerns from civil society that the initiative should go through the legislature. And his administration clarified that only 1,400 members had so far been recruited, and the "national gendarmarie" would not take the field until July 2014.

Meanwhile, even though the government has been touting a 20% reduction in the number of drug war killings, the blood-letting continues at the rate of about a thousand dead a month, and the military continues to be deeply involved. The number of dead in Mexico's drug war since Felipe Calderon called in the military six years ago is now somewhere north of 80,000, with additional tens of thousands "disappeared."

And while the government has said it was shifting its focus from going after cartel leaders to reducing crime, it has scored three major victories against cartel capos in the last six weeks. Authorities detained Zetas cartel kingpin Miguel Angel Trevino, alias "Z-40," on July 15, followed by Gulf cartel leader Mario Ramirez Trevino on August 17, and over the weekend, they managed to roll up "Ugly Betty," otherwise known as Alberto Carillo Fuentes, the head of the battered Juarez Cartel.

The Juarez Cartel had fought, and apparently lost, a nasty turf war with the Sinaloa Cartel, but remains a player in the country's drug trade. While the capture of leaders of the Zetas, the Gulf Cartel, and the Juarez Cartel are significant, critics worry that their removal from the playing field will result in more violence as underlings fight to replace them.

The Mexican public is demonstrating mixed feelings over Pena Nieto's version of the drug war. According to an El Universal poll conducted last week, almost half thought that drug war violence had increased. Some 49% of respondents said it had, up nine points from February, while only 25% thought security had improved and another 25% thought things were about the same.

Still, only 34% said they thought Pena Nieto's strategy had made the country less safe, down from the 53% recorded in May 2012, during the last months of the Calderon presidency. And 59% said they had seen evidence of a new strategy, compared to 24% saying they saw no difference.

When it comes to restoring order and public safety, Mexicans were split on how to do it. Only 10% wanted more arrests and trials of cartel bosses, while 24% wanted to see the cartels smashed, and 27% said the priority should be to lower the violence.

Mexico

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