Drug War Chronicle #691 - July 7, 2011

Administration Medical Marijuana Memo Causes Dismay, Anger [FEATURE]

The medical marijuana movement is reeling after the Obama Justice Department released a memo last week declaring that it might prosecute large-scale medical marijuana cultivation operations and dispensaries even in states where they are operating in compliance with state laws. Advocates reacted with dismay and disappointment, even as they plotted strategies about what to do next.

The memo, written by US Deputy Attorney General James Cole, "clarifies" the October 2009 memo from then-Deputy Attorney General David Ogden that told federal prosecutors not to focus their resources on patients and providers in compliance with state laws. The earlier memo gave some substance to President Obama's campaign promise not to persecute medical marijuana patients and providers in states where it is legal.

But after the 2009 memo, federal officials watched aghast as a veritable medical marijuana cultivation and dispensary boom took off in places such as Colorado and Montana, where dispensaries went from near zero to hundreds of operations, and as localities in California began considering huge commercial grows. The Justice Department responded with increased federal raids -- now at twice the rate of the Bush administration, according to Americans for Safe Access, the nation's largest medical marijuana advocacy organization -- and earlier this year, sent threatening letters from US Attorneys to governors and legislators in states considering or implementing medical marijuana distribution programs.

Those letters "are entirely consistent with the October 2009 memorandum," Cole argued in last week's memo. "The Department of Justice is committed to the enforcement of the Controlled Substances Act in all states. Congress has determined that marijuana is a dangerous drug and that the illegal distribution and sale of marijuana is a serious crime that provides a significant source of revenue to large scale criminal enterprises, gangs, and cartels," Cole continued.

Noting that "some of these jurisdictions have considered approving the cultivation of large quantities of marijuana, or broadening the regulation and taxation of the substance," Cole reiterated the Ogden memo's message that "it is likely not an efficient use of federal resources to focus enforcement efforts on individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or their caregivers."

He then took care to narrowly define the term "caregiver," which is commonly applied to people growing medical marijuana for authorized patients. "The term 'caregiver' as used in the memorandum meant just that: individuals providing care to individuals with cancer or other serious illnesses, not commercial operations cultivating, selling or distributing marijuana."

Cole then went on to write that it is not the Obama administration's position that has changed, but facts on the ground. "There has, however, been an increase in the scope of commercial cultivation, sale, distribution and use of marijuana for purported medical purposes. For example, within the past 12 months, several jurisdictions have considered or enacted legislation to authorize multiple large-scale, privately-operated industrial marijuana cultivation centers. Some of these planned facilities have revenue projections of millions of dollars based on the planned cultivation of tens of thousands of cannabis plants," he wrote.

The 2009 memo "was never intended to shield such activities from federal enforcement action and prosecution, even where those activities purport to comply with state law," Cole continued. "Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law... Those who engage in transactions involving the proceeds of such activity may also be in violation of federal money laundering statutes and other federal financial laws."

It didn't take long for the medical marijuana and drug reform movements to fire back. While some took small solace in the fact that patients are still protected from federal persecution, the dominant reaction was dismay and disgust.

"It is disingenuous of the Obama Administration to say it is not attacking patients while obstructing the implementation of local and state medical marijuana laws," said ASA executive director Steph Sherer. "The president is using intimidation tactics to stop elected officials from serving their constituents, thereby pushing patients into the illicit market."

"Well, this is disappointing," said Dale Gieringer, long-time head of California NORML. "It certainly conflicts with Obama's original implication that he would let the states take care of medical marijuana. Now, it's the same as Bush's policy. Even before this memo came out, people have been saying for a long time that with a raid here and a raid there, it seemed like no real change in federal policy, and now -- bingo -- it's confirmed."

The Cole memo "raises more questions than it answers," said Bill Piper, national affairs director for the Drug Policy Alliance. "The department’s 2009 Ogden memorandum established guidance that federal resources should not be employed to target medical marijuana patients and providers who are in 'clear and unambiguous compliance' with state-based medical marijuana laws. Last week's so-called clarification is in fact open to many interpretations and falls far short of the explanation of policy that state lawmakers, members of Congress and advocates sought."

While the Cole memo clearly states that large-scale commercial grows are now targeted, even if they are in compliance with state laws, Piper noted, it "does not provide guidance on what the federal government considers to be the line between small and large-scale production."

Piper pointed out that regardless of federal policy, states can still legalize marijuana for medicinal use. He also called out politicians who hide behind fears of the feds to stall or thwart medical marijuana programs and scoffed at the notion that state employees could be prosecuted for setting up registries or collecting medical marijuana taxes.

"State officials who await blanket federal endorsement of medical marijuana or blame the federal government for their own failure to act are compromising the health and well being of their citizens while failing to implement in good faith the laws of their state," he said. "With regard to concerns about prosecution of state employees, which some state policymakers have expressed, the federal government has never sought to prosecute any state employee for licensing or otherwise regulating medical marijuana providers. In fact, we know of no instance in recent times in which state officials were personally prosecuted for implementing any state law. It is something that is just not done."

For Gieringer and other medical marijuana advocates, the Obama administration's behavior on the issue has dried up any reservoirs of good will generated by his campaign promise and the Ogden memo. Now, the administration is in the movement's cross hairs.

"They want to put a stop to any large scale distribution of medical marijuana, but all they're doing is prolonging the conflict between federal law and reality," Gieringer said. "We have to put pressure on Obama. He's up for reelection; he owes us an explanation of his waffling on this issue, and certainly his failure to address rescheduling. The reform movement needs to press him on this and inject it into the campaign. Why has he ignored all the studies, why has he ignored the rescheduling petition, why does he persist in sending people to prison for medical marijuana crimes? If we can put him on the defensive during the campaign, we might get a concession."

"The Obama Administration missed a huge opportunity to ease the state/federal conflict over medical marijuana and pave the way for responsible regulation in 16 states and the District of Columbia, home to 90 million Americans," agreed Piper. "By issuing vague guidance, the Obama Administration is sowing confusion and doing voters, state policymakers, and medical marijuana patients a disservice. The administration needs to be clear in its support of responsible state and local regulations designed to make marijuana legally available to patients while enhancing public safety and health. If the federal government is unable to provide leadership in this area, then the very least it can do is get out of the way and allow citizens to determine the policies that best serve local interests."

But the administration has given no indication it is likely to do that. Relations between the medical marijuana movement and the Obama administration are starting to feel like the Cold War.

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Federal Crack Prisoners Will Get Sentence Cuts [FEATURE]

Thousands of inmates imprisoned on federal crack cocaine charges will be able to seek sentence reductions and early release after the US Sentencing Commission vote unanimously June 30 to make changes in federal sentencing guidelines for crack offenders it had approved earlier this year retroactive. About 85% of those crack prisoners are black.

The changes in the sentencing guidelines came after Congress last year passed the Fair Sentencing Act reducing the notorious disparity between crack and powder cocaine offenses. Under drug laws passed amidst the crack hysteria of the mid-1980s, people caught with as little as five grams of crack faced a mandatory minimum five-year prison sentence, while people caught with powder cocaine had to be carrying 100 times as much of the drug to garner the same sentence.

The law passed last year reduced the sentencing disparity from 100:1 to 18:1, but did not eliminate it. After passage of the law, the Sentencing Commission proposed a permanent amendment to the federal sentencing guidelines to implement the new law, which would result in sentence reductions for newly convicted crack offenders. But that amendment provided no relief for those already serving harsh crack sentences -- until now.

With the Sentencing Commission's vote Thursday, retroactivity for current crack prisoners will go into effect the same date as the proposed amendment, November 1, unless Congress acts to undo it. But despite the grumblings of a few Republicans, that appears unlikely.

"In passing the Fair Sentencing Act, Congress recognized the fundamental unfairness of federal cocaine sentencing policy and ameliorated it through bipartisan legislation," noted Commission chair, Judge Patti Saris. "Today's action by the Commission ensures that the longstanding injustice recognized by Congress is remedied, and that federal crack cocaine offenders who meet certain criteria established by the Commission and considered by the courts may have their sentences reduced to a level consistent with the Fair Sentencing Act of 2010."

While not every crack offender in the federal prison system will be eligible to seek a lower sentence, more than 12,000 will, and they will see an average sentence reduction of slightly more than three years. That should result in a cost savings of more than $200 million over the next five years, the Commission said.

But with an average crack sentence of about 13 ½ years, current crack prisoners will still serve a harsh average of about 10 ½ years. [Editor's Note: The original version of this article inadvertently understated those numbers.] And many future crack offenders will still be handed down mandatory minimum five- or 10-year sentences based on the amount of crack involved in their offenses.

While advocates lauded the commission's move, they noted that there was still more work to be done. Still, for many, some of whom have been working to redress the injustice for years, Thursday was a day of joy and relief.

"I am thrilled for our members and their families who suffered under a sentencing scheme that Congress admitted was fundamentally flawed, said Julie Stewart founder and director of Families against Mandatory Minimums. "I am also grateful to the members of the Sentencing Commission who responded to facts, not fear. The Commission once again has played its rightful role as the agency responsible for developing sound, evidence-based sentencing recommendations. In fact, if Congress had listened to the Commission fifteen long years ago when it first called for crack sentencing reform, today’s vote might not have been necessary," said Ms. Stewart.

But noting that Thursday's vote only applied retroactivity to relaxed sentencing guidelines and not to pre-Fair Sentencing Act mandatory minimums, Stewart called on Congress to make the act retroactive as well, bringing relief to those serving mandatory minimum sentences.

"The ball is now in Congress's court," Stewart said. "To finish the job, Congress must now make the mandatory minimum sentence for crack cocaine retroactive."

While calling the commission's action "the right thing," ACLU Washington Legislative Office director Laura Murphy also said further reform was needed. "Making these new guidelines retroactive will offer relief to thousands of people s who received unfair sentences under the old crack cocaine law. However, despite today's victory, sizeable racial and sentencing disparities still exist, and it is time for our country to seriously rethink mandatory minimums and a one-size-fits-all approach to sentencing. Based on little more than politics and urban myth, the sentencing gap between powder and crack cocaine has been devastating to our African-American communities."

The change has been a long time coming, said the Drug Policy Alliance (DPA). "Since 1995, the US Sentencing Commission has, in four reports to Congress, requested that Congress raise the threshold quantities of crack that trigger mandatory minimums in order to ease the unconscionable racial disparities in sentencing," said Jasmine L. Tyler, DPA deputy director of national affairs. "This vote to provide retroactive relief to the thousands of defendants whose sentences the Commission has consistently condemned for the past seventeen years."

"The difference between crack and powder cocaine is cultural, not chemical," said Jim Lavine, president of the National Association of Criminal Defense Lawyers. "The Commission's own research indicates that over 80 percent of the nonviolent offenders who will benefit from the new guideline are African-American or Hispanic. We can't give back all the time that offenders served under the previous guidelines, but reducing prison time for those persons still incarcerated is a significant recognition of the unfairness of the old law," he said. "A civilized society doesn’t mete out punishment based on a defendant's culture or skin color."

Some Republican lawmakers had opposed retroactivity, arguing that early releases would pose a threat to the public safety, but the Sentencing Commission reported that prisoners released early had no higher rate of recidivism than those who served more time. It also sought to reassure nervous conservatives that each case would be carefully reviewed.

"The Commission is aware of concern that today’s actions may negatively impact public safety," said Judge Saris. "However, every potential offender must have his or her case considered by a federal district court judge in accordance with the Commission’s policy statement, and with careful thought given to the offender's potential risk to public safety. The average sentence for a federal crack cocaine offender will remain significant at about 127 months," she explained.

The Sentencing Commission's vote is a significant victory against prejudice and injustice and marks another milestone in the retreat from the "lock 'em up" mania that has dominated the officials response to illicit drug use and sales for decades. But the fact that the federal courts are still going to be sending people to prison for a decade for slinging some rocks, or even, in some cases, merely possessing them, shows how far we still have to go.

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ALERT: Support the End Federal Marijuana Prohibition Act in Congress!

The first Congressional bill to end marijuana prohibition is now in Congress -- please support it!

H.R. 2306, the Ending Federal Marijuana Prohibition Act of 2011, would remove marijuana from the federal Controlled Substances Act and limit the federal government's role in marijuana enforcement to cross-border or interstate smuggling. States would be able to legalize and regulate marijuana, or to continue to prohibit it, as they individually choose.

Please use our web form to contact your US Representative and your two US Senators in support of this historic bill. Please follow-up by calling their offices too -- if you don't know their numbers (or aren't sure who they are), you can reach them by calling the Congressional Switchboard at (202) 224-3121. And please use our tell-a-friend form to spread the word.

Visit http://stopthedrugwar.org/chronicle/2011/jun/23/historic_bill_end_federal_mariju for more information on these bills, and sign up for our email list or paste http://stopthedrugwar.org/taxonomy/term/229 into your RSS reader to follow the news about marijuana policy.

Thank you for taking action!

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Montana Judge Blocks Restrictive Medical Marijuana Provisions

A state judge has blocked some of the most onerous provisions of a new law designed to rein in Montana's medical marijuana industry from taking effect. But other provisions of the law, which will make life more difficult for patients and providers, are now in effect.

District Court Judge James Reynolds issued a preliminary injunction late Thursday to block those portions of the law from going into effect hours later. But the rest of the repressive "reform" is in effect as of July 1.

Reynolds ruled that lawmakers went too far in trying to clamp down. He blocked a provision of the new law that outlawed anyone making money in the business, including growers being compensated for their efforts. He blocked the law's ban on advertising and promotion of medical marijuana. And he threw out the new law's provision limiting providers to growing for no more than three patients.

"The court is unaware of and has not been shown where any person in any other licensed and lawful industry in Montana -- be he a barber, an accountant, a lawyer or a doctor -- who, providing a legal product or service, is denied the right to charge for that service or is limited in the number of people he or she can serve," Reynolds wrote.

Those provisions in the law "will certainly limit the number of willing providers and will thereby deny the access of Montanans otherwise eligible for medical marijuana to this legal product and thereby deny these persons this fundamental right of seeking their health in a lawful manner," Reynolds continued.

The lawsuit against the new law was brought by the Montana Cannabis Industry Association, which is also organizing a referendum effort to block the law from going into effect until it can go before the voters in November 2012. Montana voters approved the old, less restrictive, medical marijuana law in 2004 with 62% of the vote.

The association called the ruling "a partial victory," noting that "caregivers" have been eliminated and must now become registered "providers." "This, of course, temporarily breaks down the entire system, Yet, it was clearly the judge's intention to allow commercial activity," the group noted.

For a more detailed look at the new law and how the judge's order modified it, visit this Montana NORML web page.

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Mexico Drug War Update

by Bernd Debusmann Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed more than 38,000 people, including more than 15,000 last year. The increasing militarization of the drug war and the arrest or killing of dozens of high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Wednesday, June 28

In Coatzacoalcos, authorities arrested a Zeta member who is thought to be involved in the Tamaulipas murders of 72 migrants last year. Barrios Caporal, "Erasmo," allegedly confessed to being second-in-command to Martin Omar Estrada Luna, "Comandante Kilo", the Zeta chief for the San Fernando, Tamaulipas area at the time of the massacre.

In Ciudad Juarez, twelve people were killed. In one incident, five men were shot dead by two men armed with assault rifles. In another incident, a police investigator's wife was killed along with another man after gunmen tried kill the policeman, who escaped.

Thursday, June 30

In Ciudad Juarez, six people were murdered. Among the victims were 3 members of a family who were shot in El Barreal. According to researcher Molly Molloy, Thursday's killings brought the total number of murders to 153 for the month of June.

Friday, July 1

In the city Chihuahua, authorities found a "narco-banner" which specifically threatened DEA agents operating in the area. The note said that they (it is unclear which organization) had identified agents and would decapitate them.

In Zacatecas, at least 15 people were killed and 17 captured after a protracted fire fight between Mexican Marines and suspected Zetas in the town of Lourdes.

Saturday, July 2

In Matamoros, a well-known Catholic priest was shot and killed during a fire fight between suspected Zetas and the Mexican army. Father Marco Antonio Duran Romero was the host of a local tv show and was frequently on the radio. He was killed on Saturday after night as Mexican soldiers battled Zetas who were trying to enter the city, the stronghold of the rival Gulf Cartel.

In Texas, the State Department of Public Safety advised US citizens to avoid travel to the Nuevo Laredo area across the Rio Grande from Laredo, Texas. According to the Department, the US has received information that the Zetas may have been planning assaults on US citizens in the city.

Sunday, July 3

In Chihuahua, a group of heavily armed gunmen traveling in luxury SUVs attacked a speedway, killing a driver and one of his assistants. Another man -- the deputy director of crime prevention in the city -- was wounded in the attack and was likely the primary target.

Monday, July 4

In Atizapan, near Mexico City, federal police captured the 3^rd highest ranking Zeta commander, Jesus Enrique Rejon Aguilar, a.k.a. "El Mamito." Rejon, 35, is one of the founding members of the organization, which he joined in 1999 after deserting from the army. In addition to other crimes, Rejon was wanted in connection with the February incident in which an America ICE agent was killed and another was wounded.

In Aguascalientes, a local drug-trafficker linked to La Familia was shot and killed by police inside a house. Nicolas Mora Ovando, "Papa Nico", was a former police officer and head of a local gang called "La Oficina."

Tuesday, July 5

In San Nicolas, Nuevo Leon, two police officers were gunned down in their squad car by a group of gunmen armed with automatic weapons.

[Editor's Note: We cannot accurately tally the drug prohibition-related killings in Mexico at this time. El Universal, the only Mexican newspaper that was doing so on a regular basis, has stopped. We will have to rely on official pronouncements on the death toll, and will report them when they happen. Below are the numbers through the end of last year. With more than 1,400 reported dead in April alone, this year's toll could well exceed last year's. As of this month, we believe the total death toll has surpassed 38,000.]

Total Body Count for 2010: 15,273

Total Body Count for 2009: (approx.) 9,600

Total Body Count for 2008 (approx.): 5,400

Total Body Count for 2007 (approx): 4,300

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This Week's Corrupt Cops Stories

A Florida 2010 Officer of the Year goes down, so do a Georgia police officer and a Georgia jail guard. Let's get to it:

In Boynton Beach, Florida, last year's Officer of the Year was indicted Tuesday on serious federal methamphetamine charges. Officer David Britto, 28, is charged with conspiracy to distribute more than 500 grams of meth. He was caught up in an ongoing investigation by the Organized Crime Drug Enforcement Task Force, led by the DEA. Last year, the Palm Beach County Association of Chiefs of Police and the Boynton Beach Police Department named him Officer of the Year, noting that he was an instructor at the department's Teen Police Academy and a volunteer at the Florida Community Alliance. No word yet on bail or his current employment status.

In Savannah, Georgia, a former Savannah-Chatham Metro police officer was arrested June 27 on a raft of drug-related charges. Floyd Sawyer, 44, went down after federal authorities got information last year that a Savannah police officer working off-duty security at a local night club was extorting drugs from dealers in the club and selling them for his own benefit. The feds set up a sting with an informant posing as a dealer. The fake dealer entered the club with a cell phone, a bottle of fake Oxycontin pills, and other items. The fake dealer was soon detained by Sawyer and another officer and taken to a secluded area of the club, where they took his drugs and phone, then threw him out of the club. Sawyer is charged with drug trafficking conspiracy, extortion, possessing a firearm during a crime of violence, and lying to federal agents. Sawyer is out on $25,000 bail. He was fired after the sting went down last year.

In Brunswick, Georgia, a former Glynn County Detention Center officer was sentenced Tuesday to five years probation after he was caught smuggling Oxycodone and Armodafinil, both prescription opioids, into the jail. Robert Woodcock, 36, pleaded guilty last week to possession of prescription drugs with the intent to distribute, crossing county prison lines with narcotics, and violating his oath of office. He was arrested in May when sheriff's deputies found the drugs on him and in his car when he entered the jail.

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Indiana Lawmakers to Study Marijuana Legalization

Lawmakers in Indiana will convene between legislative sessions to study whether the Hoosier State should change its marijuana laws. Under a bill passed into law earlier this year, the General Assembly's Criminal Law and Sentencing Policy study committee is charged with reexamining the state's approach to pot.

The commission's first meeting is set for next week, although it's not clear if marijuana policy will be on the agenda then or during future meetings.

The bill, Senate Bill 192, gives the commission a broad mandate. It asks the commission to report back on whether the use and possession of marijuana should continue to be illegal in Indiana, and if so, what penalties and quantities related to its possession are appropriate. It also asks the commission to assess whether marijuana should be regulated and taxed like alcohol, whether Indiana should implement a medical marijuana program, and "any other issue related to marijuana."

Under current Indiana law, possession of up to 30 grams of marijuana is a misdemeanor punishable by up to a year in jail, although conditional discharge is possible for a first offense. Possession or sale of more than 30 grams is a felony, with a sentence of up to three years. A second pot paraphernalia offense can also earn a three year sentence. There is no provision for medical marijuana under Indiana law.

Indiana has "draconian" pot laws, state Sen. Karen Tallian (D-Ogden Dunes), who pushed for the study commission, told the Associated Press. "One day, I watched three young kids plead cases on possession of small amounts," Tallian said. "I thought, 'Why are we spending all of the time and money to do this?' Frankly, I put marijuana in the same category as alcohol."

Tallian said she is lining up speakers for the meeting when marijuana law reform is on the agenda.

"I've got testimony from all different groups," she said. "They keep calling me wondering when it's going to be. I had them lined up when the bill was in the senate -- medical people, criminal defense attorneys, prosecutors, law enforcement. There are a wide range of people interested in the topic."

One of the Republicans who supported the study commission was Rep. Tom Knollman -- who aptly hails from the town Liberty -- a multiple sclerosis sufferer. He told his colleagues during debate earlier this year that he wished he could try medical marijuana to ease his pain. Knollman described himself as among the most conservative of state legislators, but said he hoped he could be a law-abiding citizen and make use of one of "God's plants."

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Mississippi Tea Partiers Push Welfare Drug Testing Initiative

Mississippi Tea Party groups are busily collecting signatures for a ballot initiative that would require welfare recipients and state employees to undergo drug testing. The measure, officially known as Ballot Initiative #33, is part of a broader push by Mississippi Tea Partiers against "un-Constitutional welfare programs" and illegal immigration. The initiative would also require anyone receiving state benefits to prove his or her US citizenship.

While the umbrella Mississippi Tea Party is playing a role in supporting the initiative campaign, most of the energy behind it appears to be based in the Mississippi Gulf Coast 912 Project, an influential South Mississippi Tea Party group affiliated with conservative former Fox News program host Glenn Beck's national 912 Project.

The Mississippi Tea Party sent a December letter to legislators demanding that they take action to drug test welfare recipients, act against illegal immigrants, reactivate the legislature's un-American activities panel, and nullify a number of federal programs under the rubric of state sovereignty, among other proposals. When the legislature failed to pass welfare drug testing, Ballot Initiative #33 was the result.

"Initiative #33 would amend the Mississippi Constitution to require that persons receiving public assistance, as well as state contractors, subcontractors, and state employees, must undergo random drug testing," says the initiative's official summary. "Failing two drug tests results in loss of benefits. Persons not currently receiving public assistance must pass drug testing before receiving benefits. This initiative also requires that persons residing in the state illegally are prohibited from receiving public assistance or state salary of any kind."

The initiative, a proposed constitutional amendment, is broader than the failed bill it substitutes for. It also includes state contractors, subcontractors, and employees.

The Mississippi Gulf Coast 912 Project needs to collect 90,000 valid voter signatures by mid-October, which is the deadline for getting the initiative on the 2012 ballot. If organizers can't gather 90,000 signatures by mid-October, but can get over the top by the next deadline, mid-December, they could qualify it for the 2012 ballot.

The random, suspicionless drug testing of welfare recipients was thrown out by a federal appeals court as unconstitutional -- a violation of the Fourth Amendment's proscription against unwarranted searches -- when Michigan tried it a decade ago. Another such program went into effect July 1 in Florida, and will face a similar constitutional challenge. If Initiative #33 is ever enacted, Mississippi taxpayers will be the next to have to defend an already invalidated program.

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Marijuana "Lowest Priority" Initiative Advances in Maine City

A municipal initiative that would make adult marijuana possession the lowest law enforcement priority in Portland, Maine, has handed in enough signatures to qualify for the November ballot, organizers said at a press conference Tuesday. Sensible Portland, the group pushing the measure, said it had turned in 2,100 voter signatures, well above the 1,500 needed for it to qualify.

The measure would amend city statutes to codify that marijuana possession offenses committed by nonviolent adults 21 or older would be the lowest law enforcement priority for city police. The proposed ordinance is aimed at stopping police from fining or arresting people for pot or pot paraphernalia possession.

The possession of up to 2.5 ounces of marijuana is already decriminalized under state law, with a fine of up to $1,000. Pot paraphernalia possession is also decriminalized, with a maximum fine of $300. Possession of more than 2.5 ounces is considered possession with intent to distribute and is punishable by jail or prison time.

Sensible Portland leaders said they hoped the measure would spur "an adult conversation" about marijuana across the state and that the ultimate goal was marijuana legalization.

"To be clear, we hope that this measure is a step toward the eventual end of prohibition of marijuana in this country," said John Eder, a spokesman for Sensible Portland and a former Green Party state representative. "This local ordinance isn't a small thing," he added in remarks reported by the Portland Daily Sun.

"Most movements start locally, and this movement will have its effect on the state, and it will have its effect nationally, as Maine joins the chorus of states and cities that are going on record saying they want to end the prohibition of marijuana for persons over the age of 21," Eder continued.

The city clerk now has two weeks to verify that the 2,100 signatures turned in contain the 1,500 valid signatures needed to qualify. If that happens, the measure first goes to the city council, which can either vote to approve it or place it on the November 8 ballot.

Sensible Portland saw broad support for the measure during the signature-gathering campaign, said Anna Trevorrow, a former state Green Party chair. "We met with great response from Portland voters who were signing eagerly, who were not sure why marijuana was not already legal," she said, adding, "We feel that this goes beyond decriminalization."

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Chicago Man Killed in Drug Bust Gone Bad

[Editor's Note: This year, Drug War Chronicle is trying to track every death directly attributable to drug law enforcement during the year. We can use your help. If you come across a news account of a killing related to drug law enforcement, please send us an email at [email protected].]

Cook County Sheriff's deputies shot and killed a Chicago man last Thursday after an attempted drug bust in a suburban County Club Hills strip mall parking lot resulted in a gun fight and car chase that also left four deputies injured. Nyarko Johnson, 38, becomes the 31^st person to be killed in US domestic drug law enforcement operations so far this year.

According to accounts from the Chicago Sun-Times and Chicago Tribune, undercover narcotics detectives got into an "altercation" with Johnson, who was the target of a drug investigation, and the operation spun "out of control." The Sun-Times cited Cooke County Sheriff's spokesman Steve Patterson saying Johnson fled the scene in his vehicle and attempted to strike one of the officers with the car.

Johnson, who was armed, was shot as he "attempted to injure our officers," Paterson said. Johnson continued driving his vehicle through parking lots and struck a police vehicle, causing it to flip over, injuring at least two officers. All of the injured deputies have since been treated and released.

Witnesses said the police vehicle had been chasing and bumping the back bumper of Johnson vehicle and gun shots were being exchanged. After Johnson's vehicle came to a halt, it was swarmed by officers with guns drawn. He had been hit multiple times by gun fire and died hours later at a local hospital.

The Sun-Times later reported that Johnson had an extensive arrest record, including a 1991 felony possession of a controlled substance rap to which he pleaded guilty and got probation; a 2001 trial for two counts of murder, one count of attempted murder, and two counts of aggravated discharge of a firearm, in which he was acquitted; a 2003 guilty plea to resisting police, which got him three days in jail; a 2008 guilty plea to aggravated assault that got him a year's probation; and a 2009 arrest for with possession of marijuana, unlawful possession of a controlled substance and aggravated unlawful use of a weapon in which the charges were dropped. Police also said he had recently pleaded guilty in federal court to narcotics conspiracy and was to surrender to serve a five-year prison sentence at the time he was killed.

Three other men were arrested at the scene and charged with possession of a controlled substance and delivery of a controlled substance (cocaine). Police said more charges may be pending.

The killing will be investigated by the Illinois State Police.

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Italian Top Court Says Balcony Marijuana Grows Okay

In a June 28 decision, Italy's top court ruled that citizens may grow marijuana on their balconies and terraces. The small amounts produced in such grows "could cause no harm," the Court of Cassation said.

The ruling came in the case of a 23-year-old charged for keeping a pot plant in a vase on his balcony in the town of Scalea, Calabria. Prosecutors from the Catanzaro Court of Appeals had challenged a lower court's not guilty verdict in his case.

The Court of Cassation had previously held that growing drug plants always required punishment, even if the amount of drugs involved was miniscule. But in 2009, the high court held that growing pot was okay as long as people didn't let the plants get big enough to harvest the drug.

Now, the court has gone a bit further. The plant in the current case would have yielded about a half ounce of marijuana, the court heard, and it was fine with that.

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This Week in History

July 13, 1931: The "International Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs" is convened in Geneva.

July 11, 1979: A deadly shootout between Colombian traffickers in broad daylight at Miami's Dadeland Mall brings the savagery of the Colombian cocaine lords to the attention of US law enforcement.

July 10, 1992: Manuel Noriega is convicted on eight counts of drug trafficking, money laundering and racketeering, and sentenced to 40 years in federal prison.

July 13, 1995: The New York Times reports the FDA has concluded for the first time that nicotine is an addictive drug that should be regulated.

July 9, 1997: Thirty-seven leading physicians including Dr. Joseph B. Martin, the new dean of Harvard's Medical School, Dr. Lonnie Bristow, past president of the American Medical Association, Dr. David C. Lewis, director of Brown University's Center for Alcohol and Addiction Studies, and several former Reagan and Bush administration health officials, announced the formation of Physician Leadership on National Drug Policy. Declaring that "the current criminal justice-driven approach is not reducing, let alone controlling, drug abuse in America," they called for the US to explore "harm reduction" approaches to substance use and abuse which rely more upon medical science and public health than on public hysteria and incarceration.

July 10, 1997: Researchers at the Institute for Social and Preventive Medicine at the University of Zurich release the final report on Switzerland's three-year heroin prescription trial. They conclude that the carefully supervised provision of heroin to long-term addicts with a history of failure in other treatment modalities resulted in a significant decrease in crime, mortality, disease transmission, treatment failure, and unemployment, at a substantial savings over other, less successful treatment methods.

July 13, 1998: The Associated Press reports that US drug czar Barry McCaffrey has created a controversy in The Netherlands over his erroneous claim that "The murder rate in Holland is double that in the United States," which he explained by saying "that's drugs." In actuality the Dutch homicide rate is less than one fourth the US rate. The Dutch ambassador responds, "I must say that I find the timing of your remarks -- six days before your planned visit to the Netherlands with a view to gaining first-hand knowledge about Dutch drugs policy and its results, rather astonishing."

July 8, 1999: Mexican PAN and PRI legislators in the Chamber of Deputies in Mexico City exchanged heated accusations about each others' party associations with drug trafficking organizations.

July 12, 2002: The Wall Street Journal reports that former president Bill Clinton acknowledged, "I was wrong" to not lift the ban on federal funding of needle-exchange programs.

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