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Drug War Chronicle #1113 - November 3, 2020

1. Drug Reform Measures on Tuesday's Ballot [FEATURE]

Marijuana legalization, medical marijuana, drug decriminalization, and psychedelic liberation are all on the ballot this week. And there's one bad initiative to reverse sentencing reforms.

2. Trump and Duterte -- Allies in Violence (video)

Our new video on Duterte's drug war violence and Trump's support for it launches the "Stand with Human Rights and Democracy" campaign. Please visit DemocracyStand.Global, sign up for the email list, and like the campaign's Facebook and Twitter pages.

3. "Autocrat Fair" -- Protest by Movement for a Free Philippines and StoptheDrugWar.org, Trump International Hotel

Our October 27 event launched the "Stand with Human Rights and Democracy" campaign, linking drug war human rights issues to the world's big picture challenges of these times.

4. How the 6th Amendment Helped a Texas Man Overturn His Meth Trafficking Conviction [FEATURE]

If the feds want to use testimony from a snitch, the least they can do is actually have him appear in court.

5. Medical Marijuana Update

Missouri and Virginia see their first medical marijuana sales, a Mississippi medical marijuana initiative campaign gets in trouble with the Trump campaign, and more.

6. This Week's Corrupt Cops Stories

It's jail guards gone wild, an Idaho city marshal gets nailed for peddling pot on duty, a South Carolina deputy heads to federal prison after getting caught in a drug sting, and more.

7. AZ, MT Marijuana Legalization Polls, NM MedMJ Reciprocity Expansion, British Drug Deaths Up, More... (10/15/20)

The Drug Policy Alliance is in a new push to move the MORE Act, there are new polls on the Arizona and Montana marijuana legalization initiatives, and more.

8. NE MedMJ Activists Take Aim at 2022, Study Finds Heroin, Fentanyl Use Up During Pandemic, More... (10/16/20)

Virginia's governor signs a minor marijuana reform bill into, the Mexican government has captured a major cartel leader, heroin and fentanyl use is up during the pandemic, and more.

9. Former Mexican Defense Minister Busted at LAX, MT Legal Pot Initiative Faces Late Legal Challenge, More... (10/19/20)

Missouri and Virginia both saw their first legal medical marijuana sales this past weekend, the US Sentencing Commission reports more than 3,000 federal prisoners have secured sentence reductions under the First Step Act, and more.

10. Filipino President Says Hold Him Responsible for Drug War Killings; NM Pot, Decriminalization Poll, More... (10/20/20)

New York should be advancing marijuana legalization early next year, Mexico's Senate should be voting on marijuana legalization by month's end, and more.

11. Purdue Pharma Pleads Guilty to Criminal Charges Over Oxycontin, Another NJ Pot Poll Looking Good, More... (10/21/20)

The Trump campaign demands a Mississippi medical marijuana initiative campaign cease and desist from saying he supports it, the Transform Drug Policy Foundation releases a book on how to regulate stimulants, and more.

12. MT Supreme Court Throws Out Lawsuit Against Pot Initiatives, US Imprisonment Rate at 25-Year Low, More... (10/22/20)

The Montana marijuana legalization initiatives have survived a last-minute legal challenge, the ACLU and DPA challenge the murder conviction of a meth-using California woman whose fetus was stillborn, and more.

13. State, Local Regulators Call on Congress to Move on MORE Act, Rwanda to Allow MedMJ Exports, More... (10/23/20)

Rwanda okays medical marijuana exports, state and local marijuana regulators want Congress to move on marijuana legalization, and more.

14. SD Poll Has Both Legal Pot, MedMJ Initiatives Winning; Canada Sees First Legal Magic Mushroom Harvest, More... (10/26/20)

A new poll has both of South Dakota's marijuana initiatives winning, a Glasgow activist who runs an unauthorized mobile safe inject site has been arrested but is unbowed, and more.

15. NY Poll Has Strong Majority for Marijuana Legalization, Bolivia's New President Will Industrialize Coca, More... (10/27/20)

Both New Yorkers and Czechs are ready to legalize marijuana, Bolivia's new president wants you to use coca toothpaste, and more.

16. KS Pot Poll Shocker, WY Company Sues DEA, CA Cops Over Destroyed Hemp Field, More... (10/28/20)

Massachusetts' highest court rules worker's compensation doesn't cover medical marijuana costs, a Mississippi mayor has issued a last-minute legal challenge to the state's medical marijuana initaitive, and more.

17. VA Governor Signs "Breonna's Law," Oglala Nation Legalizes Marijuana, Hemp, More... (20/29/20)

Two Native American nations take different paths on marijuana and hemp, Virginia's governor signs Breonna's Law into effect, and more.

18. MT Poll Has Rising Majority Support for Marijuana Initiative, New Zealand Marijuana Legalization Falters, More... (10/30/20)

Santa Fe joins a growing list of cities and states that have banned no-knock raids, the Montana marijuana legalization initiatives look like they're heading for victory, and more.

19. Biden Says Tough Drug Policies Were "A Mistake," German Parliament Rejects Marijuana Legalization, More... (11/2/20)

A New Jersey bill to ensure workers' compensation covers medical marijuana advances, a Caribbean island nation embraces psychedelic therapies and wellness, and more.

1. Drug Reform Measures on Tuesday's Ballot [FEATURE]

Although the questions of whether Donald Trump is driven out of office and whether the Democrats sweep to control of the Senate are dominating the discourse as we head toward Tuesday, there are other items for people to be voting on, too. Those include drug policy-related items in a half-dozen states and the nation's capital. And there's one bad initiative to reverse sentencing reforms.

As we prepare for a tumultuous Election Day, here's a brief review of them, and of what the polls say their prospects are:

Arizona -- Marijuana Legalization

Proposition 207: The Smart & Safe Arizona Actwould legalize marijuana for people 21 and over and allow for home grows of up to six plants. The state would regulate a legal marijuana market with a 16% tax on retail sales. Polling has been variable enough to make backer nervous, with several recent polls showing the measure in the mid-50s, but another recent poll putting it at 45.6%, with 34.2% opposed and 19% undecided. If that latter poll is accurate, Prop 207 needs at least a quarter of those undecideds to break in its favor.

ANTI-REFORM: California -- Sentencing Reform Rollback

The ballot title for Proposition 20, "Restricts Parole for Non-Violent Offenders. Authorizes Felony Sentences for Certain Offenses Currently Treated Only as Misdemeanors," pretty much says it all. The measure is an effort to roll back sentencing reforms by both the legislature (AB 109 in 201) and two voter-passed initiatives, Proposition 47 (2014), and Proposition 57 (2016). All of those measures were designed to reduce the state's prison population; this one would increase it at a cost of tens of millions of dollars a year. A late September Survey USA poll had support for Prop 20 at 35%, with 23% opposed and 43% undecided.

Mississippi -- Medical Marijuana

Mississippians for Compassionate Care placed Initiative 65 on the ballot as a full-fledged medical marijuana measure, prompting the state legislature to propose its own watered-down version, , which, among other things, limits smoking medical marijuana to terminally ill patients. An had support for medical marijuana at a whopping 81%, and voters preferring Initiative 65 (52%) over Initiative 65A (23%).

Montana -- Marijuana Legalization

Constitutional Initiative 118 and Initiative 190 are complementary marijuana legalization initiatives. I-190 is a statutory initiative that would legalize, regulate, and tax marijuana for adults 21 and over. CI-118 is a constitutional initiative that would allow I-190 to set the minimum age at 21. The initiatives are complementary and work together to establish a careful framework for legalizing marijuana in Montana. The latest polling has the initiative at 54%, trending up from earlier polls.

New Jersey -- Marijuana Legalization

Public Question 1 is a legislatively referred constitutional amendment that would legalize marijuana for people 21 and over and allow for system of regulated sales subject to the state sales tax of 6.625%. It leaves questions such as possession limits and whether to allow home grows up the legislature state regulators. Things are looking good in the Garden State: A series of Brach Eichler pollshas had the measure winning around two-thirds support, while a Fairleigh Dickinson poll released earlier this month had support at 61%.

Oregon -- Drug Decriminalization

The groundbreaking Measure 110 would decriminalize the possession of personal use amounts of all drugs and use revenues from legal marijuana sales to help fund expanded drug treatment. People caught with drugs could either pay a $100 fine or complete a health assessment. Distribution of such drugs would remain criminalized. There is no polling to point to, but the measure has lots of money and a bevy of endorsements, including the state Democratic Party.

Oregon -- Therapeutic Psilocybin

Measure 109, the Psilocybin Services Act, would create a program to allow the administration of psilocybin products, such as magic mushrooms, to adults 21 and over for therapeutic purposes. People would be allowed to buy, possess, and consume psilocybin at a psilocybin services center, but only after undergoing a preparation session and under the supervision of a psilocybin service facilitator. The only known poll is more than a year old and had it in a dead heat, with 47% support and 46% opposed.

South Dakota -- Medical Marijuana

The Measure 26 medical marijuana initiative would allow patients with debilitating medical conditions to possess up to three ounces of marijuana and grow up to three plants. The initiative also establishes a state medical marijuana program with dispensaries, licensed cultivators, and testing operations. A late October poll has the measure winning handily with 74% in support.

South Dakota -- Marijuana Legalization

Constitutional Amendment A would legalize the possession of up to an ounce of marijuana by people 21 and over and allow for the home cultivation of up to three plants in jurisdictions with no retail marijuana outlets. It also envisions a legal marijuana market with a sales tax of 15% and requires the state legislature to pass laws providing for medical marijuana and hemp by next spring. A late October pollhad the measure winning 51% to 44% with 5% undecided.

Washington, DC -- Natural Psychedelic De Facto Decriminalization

Initiative 81, the Entheogenic Plant and Fungi Policy Act of 2020, would have police treat the non-commercial cultivation, distribution, possession, and use of natural plant medicines (entheogens) as their lowest law enforcement priority. The measure also asks the city's top prosecutor and its US Attorney to not prosecute such cases. It looks likely to win. The measure has been endorsed by the DC Democratic Party, and according to a September FM3 poll, when read the ballot language, 60 percent of likely voters supported it. That figure jumped to 64 percent when respondents were given a plain-language explanation of the measure. The initiative is also well-financed, with the New Approach PAC kicking in nearly half a million dollars. There are no registered opposition campaign committees.

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2. Trump and Duterte -- Allies in Violence (video)

Please watch our new video on Duterte's drug war violence and Trump's support for it. Then visit the "Stand with Human Rights and Democracy" campaign web site at DemocracyStand.Global, sign up for the email list, and like the campaign's Facebook and Twitter pages.

 

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3. "Autocrat Fair" -- Protest by Movement for a Free Philippines and StoptheDrugWar.org, Trump International Hotel

Our October 27th event with Movement for a Free Philippines, "Autocrat Fair," launched the "Stand with Human Rights and Democracy" campaign -- a pro-democracy, pro-human rights movement branching from our work on the Philippine drug war killings.

The event also featured a statement provided by Democracy for the Arab World Now (DAWN), an organization found by journalist Jamal Khashoggi before his assassination in Istanbul by Saudi agents; and a statement from US Congressman Jamie Raskin (D-MD).

Click here to watch our YouTube playlist, or visit the Stand with Human Rights and Democracy (also known as "Stand Global") web site. Read our post-event press release here. Please also watch the campaign's first video, "Trump and Duterte -- Allies in Violence" (YouTube and Facebook copies).

United Press International (UPI) photos here.

Photos by Conrado Muluc:

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4. How the 6th Amendment Helped a Texas Man Overturn His Meth Trafficking Conviction [FEATURE]

Criminal Court & Legal Affair Investigative Journalist Clarence Walker can be reached at [email protected].

A Fifth Circuit appeals court reversed a recent drug conviction against an Austin, Texas man based on the prosecutor's  illegal use of an "out-of-court" hearsay statement made by a snitch who told a DEA agent that the defendant had purchased a substantial amount of methamphetamine from another person. Federal prosecutors never brought the snitch forward to testify at trial that Coy Jones had, in fact, done a drug deal. Instead, prosecutors allowed a DEA agent to testify to the jury that the snitch had told the agent that the deal had gone down, and that Jones was in possession of big-time dope. The appeals court mandate in Jones case was issued on May 19, 2019. 

Federal District Judge Sam Sparks erred by allowing certain testimony in the Coy Jones case. (UScourts.gov)
Following four days of testimony, a jury in the Western District of Texas in Austin convicted Coy Jones in October 2017. On January 29, 2018, federal judge Sam Sparks gave Jones, a Native American, 30 years in a federal joint for methamphetamine trafficking and gun-related charges as a result of an alleged witness (the snitch) -- who never appeared in court, and whom Jones never got a chance to confront and cross-examine, as required by law under the Sixth Amendment of the Constitution.

The Confrontation Clause of the Sixth Amendment of the U.S. Constitution provides that "in all criminal prosecutions the accused shall enjoy the "right" to be confronted by the witnesses against him." Under the statute, accused defendants are given the opportunity to face prosecution witnesses against them in order to dispute the witnesses' testimony. This guarantee applies to both statements made in court, including statements made outside of court that are offered as evidence during trial. 

In a lengthy ruling, the Fifth Circuit said: "The government has therefore failed to meet its burden to show harmless error as to Jones' conviction for possession with intent to distribute 500 grams or more of methamphetamine and possession of a firearm." Here, the court added, "the inadmissible evidence was highly incriminating. Jones denied possessing the drugs and no drugs were found in his possession and no officer witnessed a drug transaction on May 3,2017.

Attorney Santosh Aravind successly appealed Coy Jones' conviction.
"We hold that Jones' rights under the Confrontation Clause were violated when a law enforcement officer testified, he knew Jones had a large amount of methamphetamine because of what the officer was told by a confidential informant. We therefore vacate Jones convictions and the related revocation of his supervised release and remand for a new trial,” the Fifth Circuit panel said. 

A DEA agent testified in open court about what the snitch allegedly told him about Jones meeting up with another narcotics dealer, which amounted to unsubstantiated hearsay. Although police never saw Jones purchase drugs, they and prosecutors relied on the words of the undercover snitch who said he made calls to other individuals who, in turn, told him the transaction had taken place. So, at this point, the government used double hearsay to convict Coy Jones.

"Everyone deserves the right to confront their accusers in court," retired criminal defense attorney Craig Washington told Drug War Chronicle.

But no such confrontation took place in this case. Federal prosecutors Matt Harding and Daniel Guess argued the use of "out-of-court" hearsay testimony by the informant was only to explain the officers" investigative tactics during the investigation.

Fifth Circuit judges concurred that the trial judge in Jones' case shouldn't have allowed prosecutors to elicit the snitch's hearsay testimony from the DEA agent about what he was told concerning the alleged drug purchase that Jones supposedly made with another suspect.

When Jones attorney Santosh Aravind objected at trial to the snitch's testimony and other detailed information the officers received from the missing witness against Jones, the judge overruled Aravind's timely objection, agreeing with the prosecutors that  the officers' references to what the informant told them was more to explain the officers' actions rather than vouch for the truth about what the informant said. 

Prior to trial, Jones' attorney Santosh Aravind filed a 403 motion to force the government prosecutors to disclose the identity of the informant. In response, prosecutors argued against identifying and bringing forth the informant because "the informant only gave a tip, and that the informant was not on the scene on any of this and would not be a fact witness." 

The Arrest of Coy Jones

The long, winding road to Coy Jones' federal conviction was the result of a hearsay statement by a "streetwise snitch." The showdown encapsulated a cast of dubious characters on Wednesday, May 3, 2017. On this eventful day in Jones' life, DEA agent Royce Clayborne received a tip from his prize-winning informant.

The informant told Claiborne that a drug deal would go down at a Valero gas station in Travis County, Texas. The DEA surveillance team, along with Austin police officers, observed Jones arrive in a vehicle. Jones parked next to a truck driven by a roommate of Fredy Cruz-Ortiz. DEA agents initially targeted Cruz-Ortiz, not Jones, because Cruz-Ortiz was the ring-leader of a meth trafficking ring. DEA agents and Cedar Park Detective Michelle Langham would later testify that they observed Coy Jones make a gesture to the other driver. Following the gestures, both vehicles drove off simultaneously.

 DEA agents had no direct knowledge that a drug deal had gone down until the informant told agent Claiborne by phone that a transaction had taken place and that the drivers had left the Valero parking lot. Officers immediately followed both vehicles as they headed towards County Road 213. This area is a lightly traveled rural road. When both vehicles briefly passed out of view and then reappeared into sight, Detective Langham spotted both drivers on County road 213 talking. When Jones and the other man departed, they drove off in different directions. 

Keep in mind, at this point, the officers never saw a dope exchange between Coy Jones and the other man he met on the night of May 3, 2017 nor did officers see Jones in a drug transaction on two prior occasions when he met with the alleged meth dealer. And on that night, the officers never saw Jones with a gun. They only had suspicions about drugs based on the tip from the informant.

The unidentified man, who was suspected to be the roommate of the meth ringleader identified as Cruz-Ortiz, was not  followed or stopped after his separate encounters with Jones. Officers instead continued to follow Jones as he finally turned onto County road 201. Detective Langham dispatched a sheriff's deputy to stop Jones by using a pretext traffic violation. 

When the deputy activated his emergency red light to pull over Jones' vehicle, Jones' vehicle sped up, accelerating up to 90 miles per hour with the officers in hot pursuit. The chase lasted for at least two miles.

During the ensuing chase, none of the officers or agents saw Jones throw a weapon from his vehicle, yet when Jones' vehicle came to a screeching halt both windows rolled down. With guns drawn, officers arrested Jones and searched his vehicle, but no drugs or firearms were found.

Where is the Dope?

Unable to find dope on Coy Jones--either in or around his vehicle -- the officers grew increasingly frustrated. 

Perhaps the officers should have freed Coy Jones because they did not have an iota of evidence that he was guilty of a crime, right? 

But these hounds smelled blood.

"Let's get a K-9 out here," an officer said. Officers used the K-9 dog to retrace the route of the road that Jones and the officers had traveled during the chase. After 'one to two' hours of searching, officers discovered an unloaded pistol in a 'cactus patch'. Then, finally, on the opposite side of the road, approximately 'a half mile' from where the gun was found, an officer recovered a zip lock bag containing 982 grams of methamphetamines.

Detective Langham testified at trial that both the gun and the meth were found in an area "where the sheriff's deputy lost sight of Jones as he sped down County road 201."

DEA agents interrogated Coy Jones on the same night he was arrested.  When agents accused him of intentionally fleeing to avoid being caught with the methamphetamines and the gun, Jones explained that he was attempting to avoid an individual who tried to fight him at the Valero. 

On Appeal

Attorney Santosh Aravind appealed Coy Jones' conviction based on these four key points:

1.The District Court erred by admitting evidence of Jones' prior conviction.

2. Testimony regarding the confidential informant (aka snitch) violated Jones' rights under the Confrontation Clause.

3. The District Court erred by not ordering disclosure of the identity of the confidential informant.

4, The evidence was insufficient to support the jury's verdict.

During the trial, as stated, Jones' attorney objected multiple times to the prosecutor's use of information from a snitch that was spoken to in court by a DEA agent. To determine whether the Sixth Amendment (Confrontation Clause) had been violated, the Fifth Circuit focused on the exchange of testimony between the prosecutor and DEA agent Royce Clayborne.

Prosecutor: "Based on the information you had received; Coy Jones received a large amount of methamphetamines."

Defense Attorney: "Objection hearsay."

Judge: "That objection is overruled."

Prosecutor: "Why did you follow Coy Jones as opposed to the other guy?"

Agent Clayborne: "Well, we knew Coy Jones had just received methamphetamines."

Clayborne further told the prosecutor that their purpose there forward was to stage a traffic stop of the vehicle driven by Coy Jones and arrest him. 

During cross-examination, defense attorney attacked Agent Clayborne's knowledge of whether Jones obtained meth from another person at the Valero.

Defense attorney: "[You] did not see any interaction between Mr. Jones and the person in the silver truck, right?"

Agent Clayborne: "That's correct."

Defense: "But you did not know that, right? You had not seen anything. You had not seen an exchange of methamphetamines or money."

Clayborne: "But I knew it was."

Defense: "You believed it, but you did not know it."

Realizing Clayborne's testimony created doubts as to whether he saw the drug deal go down between Jones and the other guy in the silver truck, the prosecutor took the agent on re-direct examination.

Prosecutor: "The defense confronted you about when you said you knew a drug deal had gone down, but that you had not seen anything; how did you know that a drug deal occurred?"

Clayborne: "Once we saw (other officers included) what looked like a drug deal; I made a phone call to my confidential source (the snitch) who got back to me -- and said the deal had happened."

Prosecutor: "Based on that information, you decided to stop Coy Jones?"

Clayborne: "That's correct."

Bottom Line

Coy Jones' case exemplifies how federal prosecutors flagrantly violate the law in drug cases. Here, prosecutors violated Jones' constitutional rights to a fair trial and to have the right to confront his accuser(s) in court. The accuser was a police informant who prosecutors failed to bring forward to testify about what he did or did not see. Prosecutors knew beforehand that they were bypassing the constitutional limits of the Confrontation Clause, which enshrines the use of the Sixth Amendment to confront accusers(s). The trial court judge was equally responsible for the reversal of Jones conviction because Jones trial lawyer made timely objections to the judge about the prosecutors not bringing forth the "drug informant" to testify to the jury of whether he saw Jones do a dope deal.

Trapped in the system, unable to make bail, Coy Jones was bullied into pleading guilty all over again to the same charges that the Fifth Circuit had reversed in his favor. A federal judge gave Jones only eight years this time around on November 1, 2019.

Jones attorney, Santosh Aravind told the Drug War Chronicle that "if the case would've been retried, then it's likely the government would have to bring in the actual informant to testify." Prosecutors had already figured they could win the case outright if the informant testified in open court during a new trial for Jones. 

Attorney Craig Washington viewed the situation differently. Washington said the new plea raises the possibility that Coy Jones pleaded guilty to crimes that amount to "Fruit of the Poisonous tree." Under this doctrine the law says that "if the evidential tree is tainted, so is its fruit.”

"Once the Fifth Circuit granted a new trial, prosecutors shouldn't have been able to use the same evidence that was overturned in the first place to get Coy Jones to plead guilty to it."

Prosecutors have not responded to the Drug War Chronicle’s inquiry about Washington’s allegations as of this writing.

Meanwhile inmate Coy Jones#63245-280 is serving his prison sentence at FCI in Three Rivers, Texas. Although his projected release date is in 2024, the word in the legal arena is that another round of appeals will hit the court by the end of this year or early 2021.

Drug War reporter Clarence Walker can be reached at: [email protected]

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5. Medical Marijuana Update

Missouri and Virginia see their first medical marijuana sales, a Mississippi medical marijuana initiative campaign gets in trouble with the Trump campaign, and more.

Massachusetts 

Massachusetts High Court Rules Workers' Compensation Doesn't Cover Medical Marijuana Costs. The state's Supreme Judicial Court ruled Monday that health insurance providers are not required to cover the costs of medical marijuana for people who receive worker's compensation benefits. The court held unanimously that the state's medical marijuana law was crafted to avoid exposing insurers to any potential federal prosecution. Marijuana remains illegal under federal law.

Mississippi

Trump Campaign Demands Mississippi Activists Quit Saying He Supports Medical Marijuana Initiative. Although President Trump has repeatedly said he supports medical marijuana, his campaign has mailed a cease and desist letter to Mississippians for Compassionate Care after it used his name, image, or likeness in support of Initiative 65. "President Trump has never expressed support for Initiative 65, and his campaign demands that you immediately cease and desist all activities using the President’s name, image, or likeness in support of the legalization of medical marijuana in Mississippi,"the letter stated. The campaign had recently sent out mailers urging voters to "Join President Trump" in supporting medical marijuana in the state. The campaign responded thusly: "President Trump has clearly stated on multiple occasions that he supports medical marijuana. That is all that we’ve shared – the truth,"said Mississippians for Compassionate Care Communications Director Jamie Grantham.

Mississippi Mayor Seeks to Block Medical Marijuana Initiative. Even as early voting is underway on the Initiative 65 medical marijuana measure, Madison Mayor Mary Hawkins Butler filed papers with the state Supreme Court seeking to knock the measure off the ballot on the grounds that its signature-gathering did not comply with the state constitution. The campaign, however, said the lawsuit was bogus: "The Secretary of State properly qualified Initiative 65 under the same constitutional procedures used for every other successful voter initiative,” Jamie Grantham, spokeswoman for Mississippians for Compassionate Care, said in a statement. “The lawsuit from the City of Madison is meritless."

 

Missouri

Missouri Sees First Medical Marijuana Sales. Legal medical marijuana went on sale for the first time in the state over the weekend. The first dispensaries opened in St. Louis county, one in Ellisville and one in Manchester. The state has already approved 65,000 patients to use medical marijuana.

Nebraska

Nebraska Medical Marijuana Legalization Activists Get Working on 2022. After qualifying for the 2020 ballot and then getting stiffed by the state Supreme Court, which held that the initiative embraced more than one subject, the two state senators who lead Nebraskans for Medical Marijuana Anna Wishart and Adam Morfeld, recently filed new petition language with Secretary of State Bob Evnen for voters to consider for the 2022 ballot. The new language is simple and straightforward: "Persons in the State of Nebraska shall have the right to cannabis in all its forms for medical purposes." Now, they will have to recreate the successful 2020 signature-gathering campaign to get back on the ballot in 2022.

New Mexico

New Mexico Judge Orders State Health Department to Loosen Medical Marijuana Reciprocity Rules. First Judicial District Court Judge Matthew Wilson in Santa Fe ruled last Tuesday that reciprocal medical marijuana patients can buy, possess and use medical marijuana in New Mexico, regardless of whether their identification matches the state where their medical recommendation to use cannabis came from. His order will also allow New Mexicans to get a recommendation to use medical marijuana from another state and become a reciprocal patient in New Mexico. 

South Dakota

South Dakota Poll Has Narrow Lead for Marijuana Legalization, Big Lead for Medical Marijuana. A Sioux Falls Argus-Leader/KRLO-TV poll has support for the Constitutional Amendment A marijuana legalization initiative at 51%, with 44% opposed, and only 5% undecided. The same poll also asked respondents about the Measure 26 medical marijuana initiative and shows it with a much larger lead, with 74% supporting it only 23% opposed, with 3% undecided.

Virginia

Virginia Sees First Medical Marijuana Sales. Legal medical marijuana went on sale for the first time in the state over the weekend. Dharma Pharmaceuticals opened its doors to registered patients on Saturday morning. The shop was seeing patients by appointment only as a coronavirus precaution.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.

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6. This Week's Corrupt Cops Stories

It's jail guards gone wild, an Idaho city marshal gets nailed for peddling pot on duty, a South Carolina deputy heads to federal prison after getting caught in a drug sting, and more. Let's get to it:

In Bellevue, Idaho, the city marshal was arrested last Tuesday after Idaho State Police investigators got a tip he was peddling pot while on duty. Marshal William Scaggs, 36, was arrested at the county courthouse and is charged with felony delivery of a controlled substance.

In Lisbon, Ohio, a Colombiana County Jail guard was arrested last Friday for allegedly smuggling drugs into the jail. Guard Jordan Thurmond went down after authorities heard allegations about drugs in the jail and searched Thurmond, finding amphetamines, Oxycodone, and marijuana in his backpack. He is charged with illegal conveyance of prohibited items.

In May's Landing, New Jersey, an Atlantic Justice Facility jail guard was arrested last Friday for allegedly smuggled drugs and cellphones into the jail. Guard Luis Mercado, 25, went down after an investigation by local authorities and is now charged with second-degree misconduct.

In Orangeburg, South Carolina, a former Orangeburg County sheriff's deputy was sentenced last Wednesday to four years in federal prison after being snared in a drug sting. Stanley Lavalle Timmons was one of several officers who agreed to guard a semi-trailer truck they believed was filled with drugs, but was really part of an FBI sting. He was originally charged with conspiracy to possess with intent to distribute controlled substances and possession of a firearm in furtherance of a drug-trafficking crime, but eventually agreed to plead guilty to conspiracy several months prior to sentencing.

In Atlanta, Georgia, a former state prison guard was sentenced last Friday to 10 years in federal prison for drug trafficking. Lakesia Harden went down after police went to a residence she shared with her boyfriend to arrest him for a probation violationand found two small packages containing methamphetamine and 10 containing marijuana. The packages were wrapped to be smuggled into prison. In October 2019 she was convicted of one count of possession with intent to distribute marijuana and methamphetamine.

In Bolivar, Tennessee, a former Hardeman County jail guard was sentenced Tuesday to five years in federal prison after he was found guilty of smuggling drugs into the jail. Former guard Shontavis Rivers, 21, went down when a drug dog alerted on him as he arrived at work. Under questioning my local police officers, he admitted he had meth and cocaine on him and that he had smuggled drugs on two prior occasions.

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7. AZ, MT Marijuana Legalization Polls, NM MedMJ Reciprocity Expansion, British Drug Deaths Up, More... (10/15/20)

The Drug Policy Alliance is in a new push to move the MORE Act, there are new polls on the Arizona and Montana marijuana legalization initiatives, and more. 

Turnout is going to be crucial for the Arizona and Montana marijuana legalization initiatives. (Creative Commons)
Marijuana Policy

Drug Policy Alliance & JustLeadershipUSA Lead Extensive Coalition of Organizations Representing Directly Impacted People in Calling on Congress to Support Marijuana Reform. The Drug Policy Alliance (DPA) and JustLeadershipUSA (JLUSA) Thursday led a group of 34 organizations founded and led by people directly impacted by the country’s criminal legal system in urging members of Congress to support comprehensive marijuana reform by passing the Marijuana Opportunity Reinvestment & Expungement (MORE) Act (H.R. 3884) when it comes up for a vote on the House floor following the November 2020 election.. They sent a letter to Congress that argues that ending marijuana prohibition through the MORE Act is critical to addressing extensive racial disparities within the criminal legal system and providing economic relief for the communities that have borne the brunt of these draconian drug policies, creating a clear pathway for them to participate and benefit from the legal marijuana economy.

Arizona Polls Have Marijuana Legalization Initiative with Majority Support. Two new polls have Proposition 207: The Smart & Safe Arizona Act at over 50% support. A poll from OH Predictive Insights has the measure winning 55% to 37%, while a new Monmouth University poll has it winning 56% to 36%, up five points from a previous Monmouth poll last month.

Montana Poll Has Marijuana Legalization Initiatives Leading, But Still Under 50%. A new Montana poll has the  I-190 and CI-118 marijuana legalization initiatives with 49% support from likely voters, with 39% opposed, 10% undecided, and 2% saying they will not vote on the initiatives. That means the initiatives must pick up at least one out of five undecided voters to get over the top.

Medical Marijuana

New Mexico Judge Orders State Health Department to Loosen Medical Marijuana Reciprocity Rules. First Judicial District Court Judge Matthew Wilson in Santa Fe ruled Tuesday that reciprocal medical marijuana patients can buy, possess and use medical marijuana in New Mexico, regardless of whether their identification matches the state where their medical recommendation to use cannabis came from. His order will also allow New Mexicans to get a recommendation to use medical marijuana from another state and become a reciprocal patient in New Mexico. 

International

England and Wales Had Record High Fatal Drug Overdose Levels Last Year. The British Office for National Statistics reported Thursday that drug-related deaths hit a record high last year in England and Wales. There were 4,393 drug-poisoning deaths in England and Wales in 2019, compared with 4,359 in 2018, the highest number since comparable records began in 1993. The rate of drug deaths for men actually declined, but that for women increased.

The Drug Policy Alliance is a funder of StoptheDrugWar.org.

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8. NE MedMJ Activists Take Aim at 2022, Study Finds Heroin, Fentanyl Use Up During Pandemic, More... (10/16/20)

Virginia's governor signs a minor marijuana reform bill into, the Mexican government has captured a major cartel leader, heroin and fentanyl use is up during the pandemic, and more. 

Fentanyl use has gone up during the COVID pandemic, data from Quest Diagnostics shows. (Creative Commons)
Marijuana Policy

Virginia Governor Signs Marijuana Reform Bill into Law. Gov. Ralph Northam (D) has signed into law a bill, SB 5013, that will allow people to issued summonses for decriminalized marijuana possession to prepay their fines rather than having to show up in court. Other marijuana-related bills are still alive in the session, including one already on the governor's desk that would bar police from conducting searches bases solely on the odor of marijuana and a set of competing expungement proposals that are now in conference committee.

Medical Marijuana

Nebraska Medical Marijuana Legalization Activists Get Working on 2022. After qualifying for the 2020 ballot and then getting stiffed by the state Supreme Court, which held that the initiative embraced more than one subject, the two state senators who lead Nebraskans for Medical Marijuana Anna Wishart and Adam Morfeld, recently filed new petition language with Secretary of State Bob Evnen for voters to consider for the 2022 ballot. The new language is simple and straightforward: "Persons in the State of Nebraska shall have the right to cannabis in all its forms for medical purposes." Now, they will have to recreate the successful 2020 signature-gathering campaign to get back on the ballot in 2022.

Drug Policy

Quest Diagnostics Health Trends Study Finds Fentanyl and Heroin Misuse Skyrockets During COVID-19 Pandemic. A new Quest Diagnostics Health Trends study indicates that misuse of fentanyl, heroin and nonprescribed opioids are on the rise, potentially due to the COVID-19 pandemic's impact on healthcare access and support for individuals most at-risk for substance use disorder. The full study, from researchers at Quest Diagnostics and published online in the peer reviewed journal Population Health Management, can be found here. The researchers compared testing positivity rates for January 1, 2019-March 14, 2020 and March 15-May 16, 2020 (during the onset of the COVID-19 outbreak). Among individuals tested, the drug positivity rate increased 35% for non-prescribed fentanyl and 44% for heroin during the pandemic compared to the period prior to the pandemic. Nonprescribed opioids also increased, by 10%. The study also found a massive surge in the positivity rate of drug combining with non-prescribed fentanyl during the pandemic compared to prior to the pandemic. Positivity for non-prescribed fentanyl increased substantially among specimens that were also positive for amphetamines (by 89%), benzodiazepines (48%), cocaine (34%), and opiates (39%; P <0.01 for all comparisons).

International

Mexico Captures Major Cartel Leader. Mexican security forces have captured the head of the Santa Rosa de Lima Cartel, Guanajuato Gov. Diego Sinhue announced Wednesday night. Adan Ochoa, known as "El Azul," rose to lead the cartel after the capture of its former leader Jose Antonio Yepez, known as "El Marro." The cartel has been involved in violent conflict with the Jalisco New Generation Cartel over which will control the drug trade in the central Mexican state.

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9. Former Mexican Defense Minister Busted at LAX, MT Legal Pot Initiative Faces Late Legal Challenge, More... (10/19/20)

Missouri and Virginia both saw their first legal medical marijuana sales this past weekend, the US Sentencing Commission reports more than 3,000 federal prisoners have secured sentence reductions under the First Step Act, and more. 

Former Mexican Defense Minister General Salvador Cienfuegos Zepeda busted on US drug charges. (Creative Commons)
Marijuana Policy

Montana Marijuana Legalization Initiative Faces Last-Minute Legal Challenge in State Supreme Court. Opponents of the state's twinned marijuana legalization initiatives (one would legalize it; the other would allow a change in the state constitution to allow setting the legal age at 21) are preparing a last-minute legal challenge designed to knock the measures off the ballot. The opposition group Wrong for Montana said it is preparing to file a lawsuit arguing that the initiatives violate the state constitution by specifying where revenues generated by legal marijuana would go. Voting is already underway in the state.

Medical Marijuana

Missouri Sees First Medical Marijuana Sales. Legal medical marijuana went on sale for the first time in the state over the weekend. The first dispensaries opened in St. Louis county, one in Ellisville and one in Manchester. The state has already approved 65,000 patients to use medical marijuana.

Virginia Sees First Medical Marijuana Sales. Legal medical marijuana went on sale for the first time in the state over the weekend. Dharma Pharmaceuticals opened its doors to registered patients on Saturday morning. The shop was seeing patients by appointment only as a coronavirus precaution.

Sentencing Policy

More Than 3,000 Federal Prisoners Have Received First Step Act Sentencing Reductions. The US Sentencing Commission reports that 3,363 drug offenders have been granted sentencing reductions under the 2018 First Step Act. Those granted reductions saw their sentences decreased by an average of 71 months, a nearly 25% reduction. More than 90% of those receiving sentence reductions were Black.

Pennsylvania Report Recommends Reducing Incarceration for Probationers with Drug Violations. The state Commission on Sentencing has issued a report calling for less jailing and more access to drug treatment for people on probation who get caught using drugs. The report found that about one third of all probation revocations are for drug use. "This report shows that a greater emphasis needs to be placed on providing evidence-based drug treatment for those sentenced to community supervision in order to provide better outcomes for offenders and to avoid costly incarceration," Rep. Todd Stephens (R-Montgomery) and the chairman of the commission, wrote in a release.

International

Mexico's Former Defense Minister Arrested in US on Drug and Money Laundering Charges. Former Defense Minister General Salvador Cienfuegos Zepeda was arrested last Friday at Los Angeles International Airport by US authorities and is charged with taking bribes to allow a violent drug cartel to operate with impunity in Mexico. Cienfuegos was secretary of national defense from 2012 to 2018. He is charged with four counts: international heroin, cocaine, methamphetamine and marijuana manufacture and distribution conspiracy, importation and distribution conspiracies, and conspiracy to launder narcotics proceeds, according to the US Attorney's Office for the Eastern District of New York.

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10. Filipino President Says Hold Him Responsible for Drug War Killings; NM Pot, Decriminalization Poll, More... (10/20/20)

New York should be advancing marijuana legalization early next year, Mexico's Senate should be voting on marijuana legalization by month's end, and more.

Filipino President Rodrigo Duterte says to hold him responsible for drug war killings. Talk is cheap. (Creative Commons)
Marijuana Policy

New York Governor's Advisor Says State Will Legalize Marijuana by April. Gov. Andrew Cuomo's top advisor on marijuana, David Culver, said that marijuana legalization legislation will be included in the state budget in January and that the goal was to get it passed by April. The moves will come as neighboring New Jersey votes on legalization in two weeks. "We’re watching New Jersey closely. We’ve always been confident that we get to this before New Jersey, so if they pass the referendum they still have to have agreement between the governor the Senate over there," Culver said, referring to necessary implementing legislation that will need to be approved if voters pass the ballot question. "We’re working on this. We’re going to reintroduce this in our budget in January. We think we can get it done by April 1."

Drug Policy

New Mexico Poll Has Strong Support for Marijuana Legalization, Near Majority Support for Drug Decriminalization. A poll sponsored by Drug Policy Action, the political and lobbying arm of the Drug Policy Alliance, has support for marijuana legalization with social equity provisions at 72%, support for drug defelonization at 62%, and support for drug decriminalization at 49%. Gov. Michelle Luhan Grisham (D) has called for marijuana legalization, but it has yet to get through the legislature.

International

Mexican Senate Will Vote on Marijuana Legalization by Month's End, Majority Leader Says. Ricardo Monreal, Senate leader of the ruling MORENA Party, has said the Senate will vote to approve the bill before the end of October. The legislature is operating under the pressure of a twice-extended Supreme Court deadline since the court declared marijuana prohibition unconstitutional in 2018. Once the Senate passes the bill, it will still have to be approved by the Chamber of Deputies. Different stakeholders are still at odds over the precise nature of the bill, though.

Philippine President Says He Accepts Responsibility for Drug War Killings. President Rodrigo Duterte has brashly said he accepts responsibility for the thousands of people killed in the bloody anti-drug campaign he unleashed after his election in 2016. "If there's killing there, I'm saying I'm the one ... you can hold me responsible for anything, any death that has occurred in the execution of the drug war," Duterte said. "If you get killed, it's because I'm enraged by drugs," said the president known for his coarse and boastful rhetoric. "If I serve my country by going to jail, gladly." He did, however, reject responsibility for the thousands of people killed not by police but by so-called vigilantes.

The Drug Policy Alliance is a funder of StoptheDrugWar.org.

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11. Purdue Pharma Pleads Guilty to Criminal Charges Over Oxycontin, Another NJ Pot Poll Looking Good, More... (10/21/20)

The Trump campaign demands a Mississippi medical marijuana initiative campaign cease and desist from saying he supports it, the Transform Drug Policy Foundation releases a book on how to regulate stimulants, and more.

Purdue Pharma will pay more than $8 billion in a criminal case around Oxycontin. (Creative Commons)
Marijuana Policy

Another New Jersey Poll Has Marijuana Legalization Cruising Toward Victory. ABrach Eichler Cannabis Poll released Tuesday has support for the marijuana legalization initiative at 65%, with 29% opposed and 6% undecided. This is the fourth Brach Eichler poll to show support at around two-thirds, while a Fairleigh Dickinson poll released earlier this month had support at 61%. It looks like the Garden State will free the weed next month.

Medical Marijuana

Trump Campaign Demands Mississippi Activists Quit Saying He Supports Medical Marijuana Initiative. Although President Trump has repeatedly said he supports medical marijuana, his campaign has mailed a cease and desist letter to Mississippians for Compassionate Care after it used his name, image, or likeness in support of Initiative 65. "President Trump has never expressed support for Initiative 65, and his campaign demands that you immediately cease and desist all activities using the President’s name, image, or likeness in support of the legalization of medical marijuana in Mississippi,"the letter stated. The campaign had recently sent out mailers urging voters to "Join President Trump" in supporting medical marijuana in the state. The campaign responded thusly: "President Trump has clearly stated on multiple occasions that he supports medical marijuana. That is all that we’ve shared – the truth,"said Mississippians for Compassionate Care Communications Director Jamie Grantham.

Drug Treatment

Massachusetts Attorney General Sues Drug Treatment Center Chain for Medicare Fraud. The state attorney general's office filed suit last Friday against Total Wellness Centers LLC, CleanSlate Centers Inc., and CleanSlate Centers LLC (collectively "CleanSlate) for allegedly submitting millions of dollars in false claims to the state Medicaid program. The complaint alleges CleanSlate submitted millions of dollars in false claims for urine drug screens that were medically unnecessary and violated state and federal self-referral laws because the tests were done at their own lab. "This company’s business model was to illegally profit by cheating our state Medicaid program, which provides vital health care resources to some of our most vulnerable residents," Attorney General Maura Healey said in a statement. "We will take legal action against this kind of misconduct in order to recover funds for our state and protect the integrity of MassHealth."

Opioids

Purdue Pharma Pleads Guilty to Criminal Charges for Opioid Sales. The Justice Department has announced that Purdue Pharma, the manufacturer of Oxycontin, has agreed to plead guilty to charges of defrauding federal health agencies and violating anti-kickback laws and will pay penalties of $8.3 billion, including $225 million coming from individual members of the Sackler family, which owned Purdue Pharma. The rollout and aggressive marketing of Oxycontin in the late 1990s helped set the stage for the country's opioid epidemic of the early 21st Century.

International

Bolivia's MAS Wins Presidential Election, Will Maintain Evo's Coca Policy. A year after long-time president Evo Morales was forced from office after disputed elections, his former economics minister, Luis Arce, cruised to an electoral victory, winning 52% of the vote in a multi-party election and avoiding the need for a runoff election. Arce said that while he has no problem with the United States, he will maintain Morales' coca policy, under which legal coca cultivation was allowed.

British Drug Reformers Call for the Government to Sell Cocaine and Ecstasy in Pharmacies. In a book just published, the Transform Drug Policy Foundation has created a "how to" for allowing legal sales of stimulant drugs such as cocaine, Ecstasy, and amphetamines. The group recommends selling the drugs in individual doses at state-run special pharmacies as an alternative to the "unwinnable war on drugs."The book is How to Regulate Stimulants: A Practical Guide. Look for a Chronicle review once my copy arrives.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.

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12. MT Supreme Court Throws Out Lawsuit Against Pot Initiatives, US Imprisonment Rate at 25-Year Low, More... (10/22/20)

The Montana marijuana legalization initiatives have survived a last-minute legal challenge, the ACLU and DPA challenge the murder conviction of a meth-using California woman whose fetus was stillborn, and more.

There are fewer people behind bars in the US again this year. (Pixabay)
Marijuana Policy

Montana Supreme Court Quickly Rejects Lawsuit Against Marijuana Ballot Initiatives. The Montana Supreme Court denied and dismissed a lawsuit seeking to remove CI-118 and I-190, the complementary marijuana legalization initiatives, from the November ballot. I-190 is a statutory initiative that would legalize, regulate, and tax marijuana for adults 21 and over. CI-118 is a constitutional initiative that would allow I-190 to set the minimum age at 21. The initiatives are complementary and work together to establish a careful framework for legalizing marijuana in Montana. 

Reproductive Rights

ACLU, DPA File Brief in Support of Motion to Reopen Case of Meth-Using California Woman Convicted of Murder for Stillborn Birth. The ACLU of Northern California and Drug Policy Alliance filed briefs in support of a motion to allow for Adora Perez, who is serving 11 years in prison for manslaughter after delivering a stillbirth baby, to appeal her case. Attorneys Mary McNamara and Audrey Barron of Swanson & McNamara LLP and Matthew Missakian of the Law Office of C. Matthew Missakian filed the motion, arguing that "Ms. Perez was prosecuted for a crime that doesn’t exist and is now imprisoned basedon a plea that shouldn’t have been accepted." Perez was charged with murder in 2017 for taking methamphetamines while pregnant, even though "California law explicitly exempts women from murder liability for any actions they take that may end their pregnancy." Her attorney at the time told her to plead guilty to manslaughter and serve 11 years in prison to avoid worse charges.

Sentencing Policy

US Imprisonment Rate at Lowest Rate Since 1995.he combined state and federal imprisonment rate of 419 sentenced prisoners per 100,000 U.S. residents in 2019 was the lowest imprisonment rate since 1995, the Bureau of Justice Statistics announced Thursday. The imprisonment rate in 2019 marked a 17% decrease from 2009 and a 3% decrease from 2018, and it marked the 11th consecutive annual decrease. The imprisonment rate—the portion of U.S. residents who are in prison—is based on prisoners sentenced to more than one year. An estimated 14% of sentenced state prisoners were serving time for murder or non-negligent manslaughter at year-end 2018, and 13% were serving time for rape or sexual assault. At the end of fiscal-year 2019, 46% of sentenced federal prisoners were serving time for a drug offense (99% for drug trafficking), and 8% were serving time for a violent offense. The total prison population in the U.S. declined from 1,464,400 at year-end 2018 to 1,430,800 at year-end 2019, a 2% decrease. This marked the fifth consecutive annual decrease of at least 1% in the prison population. At year-end 2019, the prison population had declined 11% from its peak of 1,615,500 prisoners in 2009.

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13. State, Local Regulators Call on Congress to Move on MORE Act, Rwanda to Allow MedMJ Exports, More... (10/23/20)

Rwanda okays medical marijuana exports, state and local marijuana regulators want Congress to move on marijuana legalization, and more.

Colombian officals say Mexican drug cartels are the biggest customers for Colombia's cocaine. (Pixabay)
Marijuana Policy

State and Municipal Cannabis Regulators Call on Congress to Prioritize Federal Marijuana Reform. Joined by the Drug Policy Alliance, state and municipal cannabis regulators from across the country are calling on Congress to prioritize federal marijuana reform by passing the Marijuana Opportunity Reinvestment & Expungement (MORE) Act (H.R. 3884) when it comes up for a vote on the House floor following the November 2020 election. In a letter to Congress, regulators said "by removing marijuana from the Controlled Substances Act, respecting state’s policies regarding legalization, affording legitimate cannabis businesses access to resources that allow them to be compliant and tax-paying businesses, developing and funding programs aimed at equitable participation in the cannabis industry and acknowledging and addressing the war on drugs and its impacts, the MORE Act would ensure that the federal government is a partner to state and municipal regulators both in our collective responsibility to serve our community through the reform of negatively impactful cannabis policies and in our collective responsibility to recognize and correct injustices."

International

Colombian Official Says Mexican Cartels Top Buyers of Country's Cocaine."The Mexicans are the principal buyers of the supply of coca produced in Colombia," Rafael Guarin, presidential adviser for security said Wednesday. "Fundamentally, the Mexicans take charge of the buying, trafficking and sale in the United States." He named the Sinaloa, Jalisco New Generation, Zetas, and Beltran-Leyva cartels as the top buyers and traffickers of cocaine produced by criminal groups in Colombia, including current and former leftist rebels.

Rwandan Government Okays Medical Marijuana Exports. The Rwanda Development Board announced earlier this month that the government has approved the cultivation of medical marijuana for export as it seeks to target markets in the US and Europe. The country will soon begin taking applications for licenses from interested investors. The board made it clear that "this investment framework does not affect the legal status of cannabis consumption in Rwanda, which remains prohibited."

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14. SD Poll Has Both Legal Pot, MedMJ Initiatives Winning; Canada Sees First Legal Magic Mushroom Harvest, More... (10/26/20)

A new poll has both of South Dakota's marijuana initiatives winning, a Glasgow activist who runs an unauthorized mobile safe inject site has been arrested but is unbowed, and more.

Psilocbyin molecule. Canada has just seen its first legal harvest of psychoactive mushrooms. (Creative Commons)
Marijuana Policy

South Dakota Poll Has Narrow Lead for Marijuana Legalization, Big Lead for Medical Marijuana. A Sioux Falls Argus-Leader/KRLO-TV poll has support for the Constitutional Amendment A marijuana legalization initiative at 51%, with 44% opposed, and only 5% undecided. The same poll also asked respondents about the Measure 26 medical marijuana initiative and shows it with a much larger lead, with 74% supporting it only 23% opposed, with 3% undecided.

International

Canada Sees First Legal Magic Mushroom Harvest. Numinus Wellness, Inc., a Vancouver-based company, had completed the first ever legal harvest of psilocybin mushrooms in the country. The company was issued the first license to produce and extract psilocybin from mushrooms by Health Canada back in June. "The first harvest of legally grown Psilocybe mushrooms is a significant milestone for the whole industry" said CEO Michael Tan. "Now, we can progress with research and development of standardized cultivation, extraction, and testing methods and exploring product formulations to support safe, evidence-based, accessible psychedelic-assisted psychotherapy, as well as build a sequenced spore library." 

Canada Health Minister Calls on Alberta to Keep Prescription Heroin Program Going. Health Minister Patty Hajdu is calling on the government of Alberta to keep open its program providing pharmaceutical grade heroin and Dilaudid to patients diagnosed with severe opioid misuse disorder. Provincial Premier Jason Kenney has said he intends to stop funding the program in the spring. "We are disappointed by this decision from the Alberta government, and we urge them to reconsider," said a spokesperson for Hajdu.

Scottish Safe Injection Site Van Operator Arrested. Peter Krykant, who operates a mobile safe injection site was arrested last Friday by Glasgow police after they searched his van. But he was not arrested for violating the Misuse of Drugs Act. Instead he was charged with obstructing police who sought to search the van. Glasgow is at the center of the country's deepening opioid use crisis and the worst HIV epidemic in more than 30 years. An unbowed Krykant says only a change in the law to allow legal consumption of heroin and cocaine would allow for the issue to be fully addressed./p>

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15. NY Poll Has Strong Majority for Marijuana Legalization, Bolivia's New President Will Industrialize Coca, More... (10/27/20)

Both New Yorkers and Czechs are ready to legalize marijuana, Bolivia's new president wants you to use coca toothpaste, and more.

Both Czechs and New Yorkers are ready to legalize marijuana, polls find. (Creative Commons)
Marijuana Policy

Poll Finds New Yorkers Ready to Legalize Marijuana. A new Spectrum News/Ipsos poll finds that New Yorkers are ready to legalize marijuana. The poll, which comes as Gov. Andrew Cuomo (D) touts legalization as a revenue generator, had 61% of respondents saying they favored legalization.

Drug Testing

Washington Court Upholds Jury Verdict that Directly Observed Urine Collections Did Not Invade Employee's Privacy. A state appellate court has upheld a jury verdict that an employer's requirement that urine collection be directly observed does not invade the employee's privacy. The employee refused the test, arguing that the employer failed to accommodate her PTSD in violation of a state anti-discrimination law, but failed in that argument. The employee also arguing that by sending him home until he agreed to a urine test he had been effectively fired, or "constructively discharged, but did not prevail in that argument either at trial.

International

Bolivia's New President Wants to Industrialize Coca Production. Following the same line as his predecessor, Evo Morales, incoming President Luis Arce of Morales' Movement to Socialism (MAS) Party says he wants to expand industrial uses for the country's coca crops. "We want to not only continue to produce coca, but also industrialize it," Arce said, citing, for example, toothpaste."A coca leaf contains 14 alkaloids, one of which is an excellent remedy for caries, that is why those who chew coca do not have cavities," Arce said.

Czech Poll Shows Narrow Majority for Marijuana Legalization. A new poll from Prazsky Denik has support for marijuana legalization at 54%, with especially strong support from teenagers (72%), twenty-somethings (79%), and people in their thirties (70%). By contrast, support was very weak among people in their fifties (20%) and people over 60 (8%).

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16. KS Pot Poll Shocker, WY Company Sues DEA, CA Cops Over Destroyed Hemp Field, More... (10/28/20)

Massachusetts' highest court rules worker's compensation doesn't cover medical marijuana costs, a Mississippi mayor has issued a last-minute legal challenge to the state's medical marijuana initaitive, and more.

A hemp field. Female hemp plants look very much like female marijuana plants. (Pixabay)
Marijuana Policy

Kansas Poll Shocker: Two-Thirds Support Marijuana Legalization. An annual survey from the Docking Institute of Public Affairs at Fort Hays State University has a whopping 66.9% in support of legalizing marijuana. The poll also had Donald Trump leading Joe Biden by 14.4 points. He beat Hillary Clinton by 21 points in 2016.

Medical Marijuana

Massachusetts High Court Rules Workers' Compensation Doesn't Cover Medical Marijuana Costs. The state's Supreme Judicial Court ruled Monday that health insurance providers are not required to cover the costs of medical marijuana for people who receive worker's compensation benefits. The court held unanimously that the state's medical marijuana law was crafted to avoid exposing insurers to any potential federal prosecution. Marijuana remains illegal under federal law.

Mississippi Mayor Seeks to Block Medical Marijuana Initiative. Even as early voting is underway on the Initiative 65 medical marijuana measure, Madison Mayor Mary Hawkins Butler filed papers with the state Supreme Court seeking to knock the measure off the ballot on the grounds that its signature-gathering did not comply with the state constitution. The campaign, however, said the lawsuit was bogus: "The Secretary of State properly qualified Initiative 65 under the same constitutional procedures used for every other successful voter initiative,” Jamie Grantham, spokeswoman for Mississippians for Compassionate Care, said in a statement. “The lawsuit from the City of Madison is meritless."

Hemp

Wyoming Company Sues DEA, California Cops for Destroying Its Hemp After Mistaking It for Marijuana. Agro Dynamics LLC, a Wyoming hemp company, has filed a federal lawsuit in San Diego against the DEA and California police for destroying more than $3 million worth of hemp they mistook for marijuana. State and DEA officers raided the company's southern California hemp field in September 2019 after an aerial inspection showed what they believed to be a marijuana field, but didn't bother checking to see if it was a registered hemp grow, the company argued. "Upon (police) arrival on the premises, a tenant in possession advised the officers that there was a legal registration issuance from the County of San Diego for the hemp growing on the premises. Law enforcement disregarded this information and continued to seize and destroy all plants that appeared to be marijuana," the lawsuit alleges. The company is seeking unspecified damages.

International

Colombia Claims It Is Near Target of Eradicated Coca Crops. The country is nearing its goal of eradicating 130,00 hectares (325,000 acres) of coca crops, Defense Minister Carlos Holmes Trujillo said Monday. "With 98,056 hectares of coca eradicated as of October 24, the Public Forces progress towards the target of 130,000 hectares eradicated in 2020," Trujillo said, adding that 101,273 hectares were eradicated in 2019.

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17. VA Governor Signs "Breonna's Law," Oglala Nation Legalizes Marijuana, Hemp, More... (20/29/20)

Two Native American nations take different paths on marijuana and hemp, Virginia's governor signs Breonna's Law into effect, and more.

Breonna Taylor. Virginia just became the third state to pass a "Breonna's law" banning no-knock police raid. (Family photo)
Navajo Nation Sues Farmers for Growing Marijuana, Hemp. The Navajo Nation is suing 33 farmers for allegedly violating tribal law by growing marijuana and/or hemp in the Shiprock area of the reservation. The move comes after tribal officials earlier this month amended the tribe's criminal code to define all parts of the cannabis plant as marijuana and make possession or distribution of the plant a criminal offense. This is the second lawsuit the tribe has filed over hemp operations that were established this summer in Shiprock and nearby communities, which became a contentious issue between residents.

Oglala Nation Passes Ordinance Legalizing Marijuana Use on Tribal Lands. The Oglala Sioux Tribal Council voted this week to approve a new ordinance legalizing and regulating the possession and use of marijuana on South Dakota's Pine Ridge Reservation. The move comes after tribal members passed a referendum in March in support of changing the laws. The ordinance permits the use of marijuana for both patients and adults (non-patients age 21 or older). It permits tribal members to cultivate and dispense marijuana and also allows for the establishment of social consumption facilities – which may be accessed by both tribal members and non-members.

Law Enforcement

Virginia Governor Signs Bill Banning Police No-Knock Search Warrants. Gov. Ralph Northam (D) has signed into law House Bill 5099, which bars police from breaking into a home or business to conduct a raid without first announcing their presence. The state becomes the third to pass such a bill since Kentucky resident Breonna Taylor was gunned down by Louisville police in a misbegotten no-knock drug raid in March. The laws are known colloquially as "Breonna's law." The bill and other police reform measures "represent a tremendous step forward in rebuilding trust between law enforcement and the communities they serve," Northam said in a signing statement.

International

Bahamas Committee Recommends Legalizing Marijuana, Hemp. The island nation's Economic Recovery Committee, which is charged with laying out a plan for economic recovery in the wake of the coronavirus, has recommended legalizing both recreational marijuana and industrial hemp. After receiving the report, Prime Minister Hubert Minnis called the country's marijuana laws "outdate" and said they need to change.

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18. MT Poll Has Rising Majority Support for Marijuana Initiative, New Zealand Marijuana Legalization Falters, More... (10/30/20)

Santa Fe joins a growing list of cities and states that have banned no-knock raids, the Montana marijuana legalization initiatives look like they're heading for victory, and more.

It looks like no Marijuana legalization for Kiwis this year. (Creative Commons)
Marijuana Policy

Montana Late Poll Shows Rising, Majority Support for Marijuana Legalization. A poll released Friday has 54% of respondents backing Initiative 190, the marijuana legalization measure. That's up five points from the same poll earlier this month. Majorities of Democrats (77%) and independents (63%) support the measure, but fewer than a third (31%) Republicans do.

Law Enforcement.

Santa Fe, New Mexico, Bans No-Knock Warrants. The Santa Fe City Council on Wednesday passed an ordinance to ban the use of no-knock warrants in the city. "Tonight, the city of Santa Fe joins a handful of municipalities across the nation to outright ban no-knock warrants," saidEmily Kaltenback, Senior Director of Resident States and New Mexico for the Drug Policy Alliance."Santa Fe is doing the right thing by standing up against a paramilitary practice fueled by the war on drugs that has led to widespread civil rights violations and too often, the death of Black, Brown, Native and Indigenous people."

International

New Zealand Marijuana Legalization Initiative Trailing in Initial Count. New Zealand's bid to be the next country to legalize marijuana is faltering, with an initial vote count having it losing 46% to 53%. On the other hand, voters approved a referendum to allow voluntary euthanasia for the terminally ill by a margin of two-to-one.

The Drug Policy Alliance is a funder of StoptheDrugWar.org.

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19. Biden Says Tough Drug Policies Were "A Mistake," German Parliament Rejects Marijuana Legalization, More... (11/2/20)

A New Jersey bill to ensure workers' compensation covers medical marijuana advances, a Caribbean island nation embraces psychedelic therapies and wellness, and more.

The Democratic presidential contender apologizes for anti-drug bills in the 1990s. (Creative Commons)
Medical Marijuana

New Jersey Medical Marijuana Workers' Compensation Bill Advances. The Assembly Appropriations Committee passed A1708 on Monday, which would require employers and insurance carriers to "provide for coverage for costs associated with the medical use of cannabis" for workers' compensation claimants. The bill now heads for an Assembly floor vote.

Drug Policy

Biden Says Anti-Drug Policies Harmed Black Communities and It Was a ‘Mistake’ to Support Them. Democratic presidential contender Joe Biden is addressing his past support for tough crime and drug policies, saying the Black community was "really hurt" by them. "It was a mistake, and I’ve been trying to change it since then." He pointed to reducing the crack/powder cocaine sentencing disparity as one way he has attempted to make amends. "There’s so much we can do. And by the way, it’s because we’ve learned so damn much more," he said. "Look, unlike Trump, when I make a mistake I admit it. I admit it. And we can make it better. And I think the public is with us, I really do."

International

German Parliament Rejects Marijuana Legalization. The Bundestag has rejected a bill that would have created a "strictly controlled" adult-use legal marijuana market. The defeat came even as most Bundestag members belong to parties that favor some form of marijuana law reform, but opposition parties could not reach agreement on how to do it. The bill that failed was filed by the Greens, but had only the support of the Left Party.

St. Vincent and the Grenadines Okays Psychedelic Program. The Caribbean island nation of St. Vincent and the Grenadines has approved a measure that will allow for the "cultivation, research, processing, and prescription of psychedelic plant-based compounds including psilocybin, ibogaine, peyote, ketamine, dimethyltryptamine, ayahuasca and sassafras" for the purpose of psychedelic therapy. The country has already granted license to three companies to pursue research and wellness with psychedelics.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.

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