Chronicle AM: House Won't Block DC Decrim, Forfeiture and SWAT on Trial, More (9/10/2014)

The House backs off on DC decrim, Maryland awaits medical marijuana draft rules, asset forfeiture is in the news, so is SWAT, Russia says "nyet" to drug legalization, and more. Let's get to it:

19-month-old Bounkham "Baby Bou Bou" Phonesavanh after a Georgia SWAT team threw a flash-bang grenade into his crib. (family)
Marijuana Policy

House Won't Challenge DC Decriminalization Law. House Republicans yesterday unveiled their continuing resolution for an appropriations bill that includes spending for the District of Columbia, and it doesn't include an amendment adopted by the Appropriations Committee in July that would have barred the District from implementing its recently passed law decriminalizing the possession of small amounts of marijuana.

Colorado Retail Marijuana Sales in July Greater than Medical Marijuana Sales for First Time. The Department of Revenue has reported that July recreational marijuana sales were $29.7 million, compared to $28.9 million for medical marijuana sales. That's the first time recreational sales have surpassed medical sales, which are not subject to the same tax burden on consumers as recreational sales.

Another Poll Finds Coloradans Still Like Their Legal Pot. A new NBC/Marist Poll has found that Colorado's retail cannabis market remains popular among Colorado residents, 55% of whom continue to support the passage and implementation of Amendment 64, the 2012 initiative that legalized taxed and regulated sales to adults. Other recent polls have also showed support hovering in the mid-50s.

Medical Marijuana

Maryland Awaiting New Draft Regulations Today. The Maryland Medical Marijuana Commission was expected to release a second draft of regulations for the state's medical marijuana program today. The first draft came under public criticism last month for, among other things, language that would have barred grows or dispensaries within the Baltimore city limits. That language has been removed. Stay tuned for the actual draft.

Asset Forfeiture

Montana Legislators Plan Asset Forfeiture Reform Bill. Two freshman legislators from Billings, Reps. Daniel Zolnikov (R) and Kelly McCarthy (D) plan to introduce legislation to reform the state's civil asset forfeiture law. The proposed legislation would create a public database on asset forfeiture, require a criminal conviction before forfeiture, protect innocent property-owners from seizures for actions of co-owners, and possibly drop civil forfeiture altogether.

Civil Asset Forfeitures Have Doubled During Obama's Tenure. As part of its ongoing investigative series on asset forfeiture, The Washington Post reports today civil asset forfeitures have more than doubled since President Obama took office. They were at $508 million in 2008, increasing to $1.1 billion last year. Since 2001, police have seized at least $2.5 billion in cash from people never convicted of a crime.

Philadelphia Homeowners Seek Injunction to Block Forfeiture Seizures. A group of homeowners in the city has asked a federal judge to block the city from seizing homes, cars, and other property. The homeowners, who include a couple who lost their home after their adult son sold $40 worth of heroin to an undercover cop, have filed a lawsuit alleging that the city's asset forfeiture practices are unconstitutional. The city conducts more than 6,000 forfeiture actions a year, and local law enforcement is allowed to keep a percentage of the proceeds.

Law Enforcement

Georgia SWAT Raid That Burned Toddler Goes to Grand Jury. A Habersham County grand jury will look into a May SWAT team no-knock drug raid that found neither drugs nor the suspect, but resulted in severe burns and injuries to a 19-month-old toddler when a SWAT team member tossed a flash-bang grenade into his crib. Bounkham "Bou Bou" Phonesavanh was hospitalized for weeks and is still undergoing medical treatment, which the county has so far refused to pay for. DA Brian Rickman said the grand jury will examine both the investigation leading up to the raid and whether anyone should face criminal charges for it. The grand jury goes to work on September 29.

Oregon SWAT Team Arrests Man for Videotaping Drug Raid. Gresham resident Fred Marlow was arrested by police after he refused to stop filming a SWAT raid on a neighbor's home and go inside his own home as ordered. Marlow has uploaded his videotaped exchange with SWAT team members, who accused him of interfering with their operation. When Marlow told police his video was going direct to the cloud, he was then arrested on charges of interference and -- you guessed it -- resisting arrest. Filming in public spaces is not a crime, according to the ACLU, which has a web page on photographers' rights.

International

Key Australian Federal Senator Says Legalize Drugs. Senator David Leyonhelm (LD-NSW) has called for the legalization of both hard and soft drugs as a means of curbing organized crime. He said pot should be sold in supermarkets, while drugs such as cocaine and heroin should be available for purchase from the government.

In Response to Global Commission Report, Russian Drug Agency Rules Out Legalization. Responding to yesterday's release of a new report from the Global Commission on Drugs calling for decriminalization and the regulated sale of drugs, the Federal Drug Control Service said today it rejected the notion, warning that such a move could lead to non-repairable damage to the nation.

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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Botched Drug Raids still get a pass

When this story first broke, I was optimistic that this botched drug raid could have been a tipping point for the way our society views these aggressive actions by police. Yet, the fact that county has flatly denied the family any compensation for medical bills is telling. NBC had on the family shortly after this debacle but there's been scant coverage since. There is a strong acceptance among the public that shit happens during these drug raids. That coupled with the fact that these drug raids only target people with little resources and no voice are the reasons why these hurtles are so difficult to overcome.

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