Drug War Chronicle #1044 - November 16, 2018

1. Mexico's Supreme Court Effectively Legalizes Marijuana Possession, Cultivation, and Use [FEATURE]

The US is about to become the only one of North America's three largest countries not to have legalized marijuana.

2. Medical Marijuana Update

There's a push in Congress to provide protections for veterans who want to use medical marijuana, and more.

3. This Week's Corrupt Cops Stories

A Los Angeles sheriff's deputy gets caught in a brazen ripoff, a Maryland prison guard is the last of 16 to head to prison for their roles in a massive racketeering scheme, and more.

4. Chronicle AM: Fed Sentencing Reform Bill Looms, HHS Recommends Kratom Ban, More... (11/13/18)

Congress could move on both sentencing reform and industrial hemp in the lame duck session, HHS recommends banning kratom, Thailand moves to legalize and regulate both kratom and medical marijuana, and more.

5. Chronicle AM: Trump Endorses Prison Reform Bill, Cities Call for MJ Rescheduling, More... (11/14/18)

President Trump has given his endorsement to a limited bipartisan prison reform bill, the National League of Cities calls for marijuana rescheduling, and more.

6. Chronicle AM: "Dozens" of Underground Safe Injection Sites in Seattle, NJ Pot Votes Coming, More... (11/15/18)

A local activist reveals that "dozens" of unpermitted safe injection sites are operating in the Seattle area, New Jersey legislative leaders say marijuana legalization will see votes this month, and more.

1. Mexico's Supreme Court Effectively Legalizes Marijuana Possession, Cultivation, and Use [FEATURE]

In an earth-shaking development, Mexico's Supreme Court ruled last Wednesday that the country's prohibition of marijuana use, possession, and personal cultivation is unconstitutional. The decision came in a pair of cases challenging the ban on weed, and because these rulings mark the fifth time the court has ruled similarly, the opinions are now legal precedent in the country.

The high court in Mexico City based its decision on constitutional protections of individual autonomy.

"The fundamental right of the free development of the personality allows adults to choose -- without any interference -- what recreational activities they desire to undertake and protects all the activities necessary to make that choice… The effects of marijuana consumption do not justify an absolute prohibition of its use," the court held.

But the court also noted explicitly that the right to grow, possess, and consume marijuana "is not absolute and the consumption of certain substances can be regulated."

That means it will be up to lawmakers to come up with rules around the legal use of marijuana, as well as any move toward a regulated, legal marijuana market in the country. And that is likely to happen: Parties backing President-Elect Andres Manuel Lopez Obrador (AMLO), who is supportive of marijuana legalization and open to considering broader legalization, control absolute majorities in both the Senate and the Chamber of Deputies.

In its rulings, the high court ordered the federal health regulatory agency, COFEPRIS, to authorize the use of marijuana by adults who choose to do so, but it also added: "albeit without allowing them to market it, or use other narcotics or psychotropic drugs."

Mexico has already decriminalized both pot possession and the possession of personal use amounts of other illicit drugs.

Coming less than two weeks after Canada's marijuana legalization came into effect, the striking decision by the Mexican Supreme Court is only going to add to the pressure to advance federal marijuana legalization here in the US.

"This is extraordinary because it is taking place in one of the countries that has suffered the most from the war on drugs," said Hannah Hetzer, senior international policy manager for the Drug Policy Alliance. "With marijuana already legal in Canada, now both of the US's neighbors will have legal marijuana, making the US federal government's prohibition of marijuana even more untenable."

If the Democrats take control of the House this week, expect to see a strong push for federal legalization, along the lines that Congressional Cannabis Caucus founder Rep. Earl Blumenauer (D-OR) laid out earlier this month. If the Republicans retain control of the Senate, as is widely expected, the upper chamber would be a tougher nut to crack -- but GOP senators may want to reflect on the fact that, according to the most recent Gallup poll, support for legalizing weed is at an all-time high of 66 percent, and even 53 percent of Republican voters now are on board.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

The Drug Policy Alliance is a financial supporter of both Drug War Chronicle and Drug Reporter.

back to top

2. Medical Marijuana Update

There's a push in Congress to provide protections for veterans who want to use medical marijuana, and more.

National

Bipartisan Lawmaker Group Files Three Veterans' Medical Marijuana Bills. A bipartisan group of legislators on Wednesday announced plans to file a trio of bills aimed at making the Department of Veterans Affairs a more marijuana-friendly agency. The Department of Veterans Affairs Policy for Medicinal Cannabis Use Act of 2018 would clarify the already existing policy of protecting patients who discuss their marijuana history. The Department of Veterans Affairs Survey of Medicinal Cannabis Use Act of 2018 would conduct a nationwide survey of all veterans and VA healthcare providers regarding medicinal cannabis. And the Department of Veterans Affairs Medicinal Cannabis Education Act of 2018 would have the VA work with medical universities to further develop medicinal cannabis education programs for primary healthcare providers.

Connecticut

Connecticut Adds Chronic Neuropathic Pain to List of Qualifying Conditions. The General Assembly's Regulations Review Committee has agreed that chronic neuropathic pain associated with degenerative spinal disorders is eligible for treatment with the drug. That makes it the 31st specific condition considered a qualifier for medical marijuana.

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

back to top

3. This Week's Corrupt Cops Stories

A Los Angeles sheriff's deputy gets caught in a brazen ripoff, a Maryland prison guard is the last of 16 to head to prison for their roles in a massive racketeering scheme, and more.

In Kingman, Arizona, a Mohave County jail guard was arrested last Tuesday for allegedly smuggling heroin and other contraband into the county jail. Guard Ashley Desiree Aquino, 24, went down after someone informed authorities a guard was smuggling drugs. Upon questioning, Aquino admitted smuggling the drugs. She faces various charges including promoting prison contraband.

In Murfreesboro, Tennessee, a former Rutherford County narcotics detective was arrested last Wednesday for stealing a riding lawnmower and official misconduct. Former Lt. Jason Mathis allegedly stole the mower from the sheriff's impound lot. He's charged with theft of property over $2,500 and felony official misconduct.

In Los Angeles, an LA County sheriff's deputy was arrested last Thursday for allegedly claiming to be executing an official search warrant in order to rob a marijuana warehouse. Deputy Marc Antrim and two others stole 600 pounds of pot and two safes containing $100,000 in cash from the distribution warehouse. Federal prosecutors allege that Antrim and his co-conspirators "were &armed and falsely portrayed themselves to be LASD deputies executing a search warrant or conducting other official business at the warehouse." Warehouse workers called police, but when LAPD officers arrived, Antrim "falsely represented that he was conducting a legitimate search," and the LAPD officers left. Antrim is also suspected of stealing 31 handguns from a safe at Compton City Hall and assault rifles from the Sheriff's Department. It's not clear what the exact federal charges are.

In Baltimore, a former state prison guard was sentenced last Friday to six years in federal prison for his part in a racketeering ring where prison guards were bribed to smuggle in contraband. Jessica Vennie was convicted of smuggling in narcotics and using a cell phone to communicate with inmates about what they wanted to be smuggled. Vennie is one of 77 people convicted in the scheme and the last of 16 guards to be sentenced.

back to top

4. Chronicle AM: Fed Sentencing Reform Bill Looms, HHS Recommends Kratom Ban, More... (11/13/18)

Congress could move on both sentencing reform and industrial hemp in the lame duck session, HHS recommends banning kratom, Thailand moves to legalize and regulate both kratom and medical marijuana, and more.

Despite spending $8 billion to suppress the poppy crop, the situation in Afghanistan is "worse than ever," a new report finds.
Sentencing Reform

Federal Sentencing Reform Bill Set to Advance. Key senators have reached a tentative agreement on a major criminal justice reform bill that is being supported by presidential advisor and Trump son-in-law Jared Kushner. The proposed legislation would boost rehabilitation efforts for federal prisoners and give judges more discretion when sentencing nonviolent offenders, particularly for drug offenses. The measure has support from both liberal and conservative groups, ranging from the ACLU to the Fraternal Order of Police and groups supported by the Koch brothers.

Marijuana Policy

Michigan Prosecutors Start Dropping Marijuana Cases. Local prosecutors are beginning to announce the dropping of charges in pending marijuana cases after voters last week voted to legalize the drug. Genesee County Prosecutor David Leyton said last Friday that "there will no longer be any prosecutions for possession or use of marijuana" in his jurisdiction, and other DAs are expected to follow suit.

Texas Lawmaker Files Marijuana Decriminalization Bill. State Rep. Joe Moody (D-El Paso) has prefiled a marijuana decriminalization bill for the 2019 legislative session. "Civil penalty legislation is the first thing I've filed on the first day of filing for the 86th Session. There's been an incredible swell of bipartisan support since last session, and the official Texas Republican and Democratic platforms both approve of this kind of reform now," Moody said in a press release. "I'm optimistic that this will be the session we finally see smarter, fairer marijuana laws in Texas."

Medical Marijuana

Connecticut Adds Chronic Neuropathic Pain to List of Qualifying Conditions. The General Assembly's Regulations Review Committee has agreed that chronic neuropathic pain associated with degenerative spinal disorders is eligible for treatment with the drug. That makes it the 31st specific condition considered a qualifier for medical marijuana.

Industrial Hemp

McConnell Says Hemp Provision Will Be in Farm Bill. Senate Majority Leader Mitch McConnell (R-KY) said Friday that completing work on a new farm bill is a top priority and that a provision to fully legalize hemp cultivation will be included.

Kratom

HHS Recommends Banning Kratom. The Department of Health and Human Services has recommended that kratom be placed in Schedule I of the Controlled Substances Act. HHS sent a letter to the DEA saying that two chemicals in the herbal supplement should be Schedule I. The recommendation is in line with past public statements from FDA Commissioner Scott Gottlieb, who calls kratom "an opioid" and says it has been "associated" with dozens of deaths.

International

Thai Congress Proposes Legalizing Kratom, Medical Marijuana. The National Legislative Assembly has officially proposed allowing the licensed use of medical marijuana and kratom. The two drugs would be placed in a legal category that would allow their licensed possession and distribution. The Health Ministry will review the proposal before submitting it to the cabinet, which could amend it before returning it to the legislature. The entire process could be completed by year's end.

Foreign Policy

Afghan Opium Problem "Worse Than Ever," Inspector General's Report Finds. Despite the US spending more than $8 billion to reduce opium cultivation in Afghanistan, the problem is "worse than ever," a new report from the Special Inspector General for Afghanistan Reconstruction (SIGAR) finds. "No counterdrug program undertaken… by the United States, its coalition partners, or the Afghan government resulted in lasting reductions in poppy cultivation or opium production," the report stated.

back to top

5. Chronicle AM: Trump Endorses Prison Reform Bill, Cities Call for MJ Rescheduling, More... (11/14/18)

President Trump has given his endorsement to a limited bipartisan prison reform bill, the National League of Cities calls for marijuana rescheduling, and more.

President Trump has given his endorsement to the First Step Act. (Creative Commons/Gage Skidmore)
Marijuana Policy

National League of Cities Calls For Federal Marijuana Rescheduling. The National League of Cities, representing more than 19,000 cities, towns, and villages across the country, has passed a pair of resolutions on marijuana policy. The first calls on the Trump administration and Congress to "resolve the conflict between state and federal cannabis laws" and "provide guidance to financial institutions that results in the cannabis market having access to the federally regulated banking system," while the second calls for marijuana to be removed from the list of Schedule I drugs under the Controlled Substances Act.

Medical Marijuana

Bipartisan Lawmaker Group Files Three Veterans' Medical Marijuana Bills. A bipartisan group of legislators on Wednesday announced plans to file a trio of bills aimed at making the Department of Veterans Affairs a more marijuana-friendly agency. The Department of Veterans Affairs Policy for Medicinal Cannabis Use Act of 2018 would clarify the already existing policy of protecting patients who discuss their marijuana history. The Department of Veterans Affairs Survey of Medicinal Cannabis Use Act of 2018 would conduct a nationwide survey of all veterans and VA healthcare providers regarding medicinal cannabis. And the Department of Veterans Affairs Medicinal Cannabis Education Act of 2018 would have the VA work with medical universities to further develop medicinal cannabis education programs for primary healthcare providers.

Law Enforcement

Trump Endorses Prison Reform Bill. In a press conference Wednesday, President Trump gave his support to a limited prison and sentencing reform bill, the First Step Act (HR 5682). The bill invests heavily in anti-recidivism efforts and lowers some mandatory minimum sentences, but has not gone as far as some Democrats would like. In the House, 57 Democrats voted against it because it did not more substantially address sentencing reform. Now, in the Senate, it will face opposition from some conservative Republican senators, but the president's endorsement should help propel it forward.

back to top

6. Chronicle AM: "Dozens" of Underground Safe Injection Sites in Seattle, NJ Pot Votes Coming, More... (11/15/18)

A local activist reveals that "dozens" of unpermitted safe injection sites are operating in the Seattle area, New Jersey legislative leaders say marijuana legalization will see votes this month, and more.

Vancouver's (legal) Insite safe injection site (vch.ca)
Marijuana Policy

GAO Scolds DEA over Marijuana Eradication Program. In a report released Wednesday, the Government Accountability Office (GAO) criticized the Drug Enforcement Administration (DEA) over failings in its marijuana eradication program. GAO charged that DEA failed to collect sufficient documentation from state and local law enforcement agencies that partnered with DEA in the program, a fault that could prevent DEA from accurately assessing program performance. Furthermore, DEA "has not clearly documented all of its program goals or developed performance measures to assess progress toward those goals," the report found.

New Jersey Legislative Leaders Say Vote on Marijuana Legalization Coming This Month. Assembly Speaker Craig Coughlin and Senate President Steve Sweeney said Wednesday the legislature would move on marijuana legalization this month. Coughlin said he had the votes in committee to pass legislation, while Sweeney said he needed help from Gov. Phil Murphy (D) to pick up necessary votes in the Senate. "The only way something like this gets passed legislatively is if all three of us work together," Sweeney said. "If (the governor's office is) not going to lobby any votes for us then it won't get done."

Wisconsin Legislator Will Be Back With a Legalization Bill Next Year. State Rep. Melissa Sargent (D-Madison) said Wednesday that she will once again file a marijuana legalization bill when the legislature convenes in January. Sargent has filed legalization bills every year since 2014 but has renewed momentum after voters in 16 counties and two towns voted for legalization in non-binding referenda in the midterms. "The facts clearly show that legalization is right for Wisconsin and that the most dangerous thing about marijuana is that it's illegal," she said.

Harm Reduction

"Dozens" of Underground Safe Injection Sites Are Operating in the Seattle Area. Harm reduction activist Shilo Jama has told a local media outlet that "dozens" of unpermitted safe injection sites are operating in Seattle and surrounding King County. "They're slowly developing their own culture and their own service. It's a lot like the speakeasies of old where you've got to know someone to be invited in. You need the password or some kind of information that you're not, kind of, out to get them," Jama said. Seattle and King County authorities are moving toward officially allowing such facilities, but local harm reduction activists aren't waiting.

back to top
Permission to Reprint: This issue of Drug War Chronicle is licensed under a modified Creative Commons Attribution license. Articles of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School