Drug War Chronicle #804 - October 10, 2013

1. The Fall and Rise and Fall of a "Death to Meth" DA [FEATURE]

Jon Alexander went from tweaker to DA in a remote Northern California county, but his misconduct has him on the ropes again.

2. US Supreme Court Rejects Marijuana Reclassification Appeal

The US Supreme Court has smothered the last breath of life left in the third effort to reschedule marijuana out of Schedule I. But a fourth effort is already in progress.

3. Medical Marijuana Update

The feds back off in some Southern California asset forfeiture cases, an Iowa newspaper tells local authorities to back off from prosecuting a cancer patient, and several states move forward with implementing their medical marijuana laws.

4. Switzerland Decriminalizes Marijuana Possession

As of this week, getting caught with a small amount of marijuana in Switzerland will get you no more than a fine.

5. Romania Legalizes Medical Marijuana

Romania has become the latest European nation to approve medical marijuana.

6. Venezuela to Shoot Down Drug Planes

The Venezuelan government is threatening to shoot suspected drug-running planes out of the sky. Brazil and Peru already do that.

7. Poll Finds Texans Ready to Legalize Marijuana

Lone Star state voters are ready to legalize marijuana, legalize medical marijuana, and/or decriminalize marijuana, according to a new poll. The times they are a-changing.

8. Polls Find Maryland, Florida Ready for Marijuana Reform

Florida and Maryland are just the latest states to report poll results sure to please marijuana law reformers.

9. This Week's Corrupt Cops Stories

A Florida police department has a fine drug war racket, plus more cops with pain pill issues, a Texas deputy goes down for slinging cocaine, a former Milwaukee cop gets slapped for putting his hands in the wrong place, and an ex-Chicago cop goes away for ripping off drug couriers. Just another week of drug-related police corruption.

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Now more than ever, StoptheDrugWar.org needs your financial support to continue to provide this crucial informational tool that builds and empowers the movement. We have a special new offer for those donating $50 or more, which this post provides some updated information about.

1. The Fall and Rise and Fall of a "Death to Meth" DA [FEATURE]

Special to the Chronicle by investigative reporter Clarence Walker, [email protected]. This is the 7th installment of Walker's series on prosecutorial misconduct in the war on drugs.

A Northern California attorney plunged into a full-blown methamphetamine addiction, then made a storybook recovery, running successfully for county prosecutor on a "Death to Meth" platform just a few years later. But now that attorney, Del Norte County District Attorney Jon Alexander, is on the ropes again, and it's not the drug itself but a different aspect of his meth mania that's doing him in.

Alexander fought back like Rocky Balboa, only to be defeated by himself.
Inspired by a burning passion to fight the meth industry in the county and to help meth users who reminded him of himself, Alexander ran as a big underdog on a "Death to Meth" platform. On the road to victory with Bruce Springsteen's "Born to Run" booming in the background, Alexander won strong support from law-abiding citizens, sheriff's deputies, judges, and even families of drug dealers and drug users that Alexander previously represented either as a solo defense attorney or public defender. And in a strange way many drug dealers he sent to prison as a former prosecutor threw their support behind him as well.

"With meth, it's personal to me. I've been there. I know meth is a horrendously powerful drug. I've been to hell and back," a triumphant Alexander declaimed after winning the prosecutor's job. A former New Jersey resident, Alexander graduated in 1987 from Western State University College of Law in Orange County, California.

Like a former smoker turned anti-smoking zealot, Alexander turned his personal campaign against meth into a crusade. For nearly three years, he participated in "Meth Elimination" raids carried out by the sheriff's office and hammered meth dealers as the DA.

But now, the 63-year-old lawyer's enthusiasm has gotten the best of him, and the Northern California DA finds himself in trouble with the law again. It just another turn of the page in the real-life legal thriller that is the career of Jon Alexander.

Back in April, the State Bar of California recommended that Alexander, who had previously been disciplined for prosecutorial misconduct, be disbarred for interfering in a drug case. Although the judge in the case issued an order recommending Alexander's "right to practice" law be transferred to involuntary inactive status, the final decision to disbar the DA is up to the California Supreme Court.

To add insult to injury, the "miracle comeback lawyer" was served with a letter from the Del Norte County Board of Supervisors ordering him suspended without pay as a sheriff's sergeant unceremoniously escorted him from his office. He has been replaced temporarily by assistant prosecutor Katherine Micks as he exhausts his appeals.

Alexander went down over his interference in a meth case involving a female defendant, 24-year-old Michelle Taylor. Taylor met with Alexander in his office and told him that meth seized in a recent bust belonged to her and not her boyfriend, Damion Van Parks, who had been arrested with her and charged as a codefendant. The bar found that he had questioned her without her attorney present, that he failed to provide exculpatory evidence in a related case, and that he lied to his fellow prosecutors.

"Jon Alexander, reportedly the state's first sitting prosecutor to face removal from office, abused his prosecutorial power by communicating with Michelle Taylor, charged at the time, with methamphetamine possession," State Bar Court Judge Lucy Armendariz ruled. But there's more: "After Alexander learned from Taylor that she, not her co-defendant Van Parks, owned the illegal drugs, Alexander failed to disclosed the exculpatory evidence to the defendant's lawyer."

And still more. Judge Armendariz found that Alexander had lied to Assistant DA Micks, who was in charge of prosecuting the case, by telling her he had not spoken with the female defendant. But it gets worse.

When the accusations against him emerged, Alexander fired back, claiming he recalled that Taylor's attorney had given him permission to speak to her about seeking drug treatment. But, unknown to Alexander, Taylor had been wearing a wire, and on the recording of their meeting, there is no mention of her going to rehab.

Judge Lucy Armendariz (tjsl.edu)
"Michelle Taylor was denied basic protections under the Sixth Amendment when Alexander elicited information from her without her counsel," Judge Armendariz found.

Taylor refused to testify at Alexander's October 2012 State Bar trial unless she was granted immunity in her pending meth case. That didn't happen. Instead, she was eventually convicted and sentenced to a year in prison while the case against Van Parks was dropped.

Alexander had support during his State Bar trial, with numerous members of Del Norte County legal and law enforcement communities testifying to his good reputation as an elected DA. While he may have had shortcoming and might have committed some errors, they said, none of his misdeeds warranted criminal actions. But not everyone rallied to Alexander's support.

"I do not believe for a second that Alexander should be DA because I think his mental abilities continue to be adversely affected by his long-time meth use, even though he appears sober now," argued State Bar Deputy trial counselor Cydney Batchelor,

Although he has been recommended for disbarment by the State Bar for misconduct and at least temporarily removed from office, Alexander hasn't given up the fight. In addition to appealing the State Bar decision, he is also challenging the county Board of Supervisors' decision to suspend him without pay.

"I am the elected District Attorney of this county; I still believe I am," Alexander said in August.

He has hired Sacramento attorney Rudy Nolen, who has filed an appeal of the State Bar Court's decision to disbar him. Nolen is also challenging the county supervisors' decision to suspend Alexander, arguing that the board "acted out of its scope of jurisdiction on a number of grounds" when it suspended the befallen prosecutor, and violated his rights in the process.

"It did not have authority to fire Alexander because a sitting District Attorney is subject to removal only by Attorney General Office or by way of recall election or a grand jury accusation," Nolen argued. "The board did not provide Mr. Alexander with prior notice of planned actions and the board failed to provide Alexander with an open hearing or an opportunity to defend himself against the allegations."

"I continue to believe that the actions taken by the board were outside of their authority, which was, to me, an illegal attempt to remove Jon from his position," he told the Chronicle.

In his October 2012 lawsuit against the State Bar, Alexander's attorney claimed that "the accusations against him were not only politically motivated by fellow lawyers and DAs, whom he called enemies, but the accusations also were driven by incorrect factual allegations and bias against a former meth addict."

"My opponents are subjecting me to additional scrutiny and criticism because of my former drug addiction," Alexander argued.

It wasn't Alexander's recovery status, but his prosecutorial misconduct that did him in, though, Judge Armendariz held.

"Jon Alexander knew or should have known, as an experienced prosecutor, that there's no excuse for conversing with a defendant in the absence of retained counsel, regardless of whether she barged into his office and voluntarily made several incriminating statements during their conversation," she wrote in her decision to disbar him.

One disgruntled attorney is former Del Norte Prosecutor Michael Riese, who gave Alexander a chance to work as a prosecutor in his office based on his excellent skillls as a trial lawyer. Alexander was fired from the DA office by Riese for improper behavior. But Alexander later rebounded to defeat Riese for the top spot. Riese filed a lawsuit against Alexander in July 2012, accusing him of malicious prosecution for allegedly trying to frame him for child endangerment and DUI. Both charges against Riese were later dismissed.

The Downward Spiral

Before Alexander won election as Del Norte County District Attorney, his dalliance with methamphetamine almost killed him. Burdened with emotional strain over the declining health of his parents and running a busy law practice, Alexander first used cocaine and then switched to snorting meth.

"I was doing meth to keep my practice going. I did meth while cranking out a bunch of work, then did some more to stay up. Then after a couple of days straight I took Ambien to sleep," he recalled in an interview with California Lawyer magazine. "Around 2000, I graduated to smoking meth," Alexander recounted. "If you think snorting meth gets its claws in you, then smoking it completely puts your head in the dragon's throat."

After losing a beautiful oceanfront home in 2002, expensive sports car, a loving girlfriend, and a thriving law practice due to a long-term suspension over fees owed to a client, police threw him in jail for driving while his license was suspended. Out of jail, but now broke and homeless, Alexander continued to find solace in meth.

He lived out of his car or in shelters before eventually winding up crashing beneath the crawl space of a friend's house in Laguna Beach, where he slept on a stained, filthy mattress. In a sad reminder of his lost career, Alexander kept his Italian suits wrapped in garbage bags hanging from a rusty pipe in the crawl space. As the world around him spun out of control, Alexander became so despondent that he jammed a .32 pistol in his mouth, ready to pull the trigger to end his brutal dependency on meth.

"I can still remember the metallic taste of the gun in my mouth," Alexander said.

What stopped him from committing suicide was his mother's dog, Prince, whom he kept as companion. Slowly he put the gun down, feeling obligated to fulfill the promise he made to his ailing mother to take care of Prince.

Then Alexander had a close brush with death at the hands of others. On a mission to score more meth, he was attacked at a motel, struck in the head and knocked unconscious. Alexander suffered a broken neck, requiring a steel rod and transplanted disc to hold him together.

"I didn't have the good sense to die," Alexander told the Sacramento Bee.

This violent episode convinced Alexander to make a decision: live or die. Never a quitter, and with the heart of a prizefighter, Jon Alexander dusted himself off, prayed hard, and regained the right to practice law again in December 2004 -- after completing the State Bar substance abuse program. To stay sober and busy, Alexander sponsored a Little League Team, led a weekly 12-step drug program and served as keynote speaker at the County Drug Summit. Serving as mentor for recovering addicts at Jordan's Recovery Center in nearby Crescent City, the residents there adored him as the "comeback lawyer" and a true friend.

"When these guys come to Jon, no matter how beat down they are, he always finds a way to build them up," Sandra Morrison, the facility administrator, told California Law.

Bouncing Back, Breaking Bad

In January 2005, then Del Norte County District Attorney Mike Riese hired Alexander as Assistant DA to give the former meth addict another shot at redemption as a public servant. It wasn't long before Alexander got into hot water, though. In June 2005, Alexander wrote a personal letter to a judge urging him to give a stiff prison term to a meth dealer who, ironically, had been previously represented by Alexander when he worked as a public defender for the county. The judge reported Alexander's improper behavior not only to the defendant's lawyer, but also his boss, DA Riese.

"I'm guilty of bad judgment, arrogance and overstepping my bounds," a contrite Alexander wrote in a letter of apology to DA Riese.

Unimpressed, Riese fired Alexander, and he found himself suspended once again by the State Bar, this time for three months. Reinstated to practice after 90 days, like the Energizer bunny, Alexander bounced back with a vengeance, running against Riese for the DA's post in 2006. He lost the race, but not his mission.

In 2010, Alexander tried again, accusing Riese of corruption and investing his life savings of nearly $100,000 in his "Death to Meth" campaign. He won, by 196 votes out of 10,000 cast.

And now, thanks to his misconduct, he's out again, but he's still vowing war on meth.

"Meth is ravaging this country and I intend to fulfill and deliver on those campaign promises, and I look forward to returning to those duties," he said.

Joe Alexander, a former meth addict, turned his life around, becoming the county's top prosecutor on a "Death to Meth" platform. But while he managed to kick the drug, he hasn't been able to kick his need to bend the rules to go after it.

Although Alexander's saga appears to be winding to a close, it's not quite over yet. In July, Del Norte County rejected his petition to reinstate his salary while his appeals conclude. And next week, he has a hearing on his request that the State Bar consider reversing Judge Armendariz's recommendation that he be disbarred. But for the time being, at least, the "Death to Meth" prosecutor is on the outside looking in.

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2. US Supreme Court Rejects Marijuana Reclassification Appeal

The US Supreme Court Monday declined to hear an appeal from medical marijuana advocacy groups who had challenged the DEA's decision to maintain marijuana's status as a Schedule I drug under the Controlled Substances Act, the category reserved for the most dangerous substances.

The court denied in summary order a petition for a writ of certiorari from the groups, led by Americans for Safe Access, which had sought Supreme Court review of a DC Circuit Court of Appeals decision upholding the DEA's ruling that a change in marijuana's classification required the Food and Drug Administration's recognition of acceptable medical uses for the drugs.

Advocates of rescheduling marijuana have been trying to do so for more than four decades, but have been thwarted by DEA delays and intransigence. This was the third formal rescheduling effort to be blocked by DEA decision making.

Schedule I drugs are deemed to have no acceptable medical uses and a high potential for abuse. Other Schedule I drugs include LSD, MDMA, and heroin. Despite the fact that there is an ever-increasing mountain of research detailing marijuana medicinal effects and despite the fact that 20 states and the District of Columbia have legalized medical marijuana, the DEA continues to insist that it cannot be down-scheduled.

Joe Elford, lead attorney on the case for Americans for Safe Access, told Law360 that the Supreme Court's denial of certiorari was in line with its reluctance to overturn lower court and administrative decisions on medical marijuana.

"It's disappointing, but not altogether surprising," he said.

A fourth effort to reclassify marijuana led by the governors of the medical marijuana states of Rhode Island and Washington was filed in 2011 and is still awaiting action.

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

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3. Medical Marijuana Update

The feds back off in some Southern California asset forfeiture cases, an Iowa newspaper tells local authorities to back off from prosecuting a cancer patient, and several states move forward with implementing their medical marijuana laws. And more. Let's get to it:

Arizona

Last Thursday, Navajo County sheriff's deputies raided a dispensary in Pinetop. They hit the Beyond Compassion dispensary, owned by Mike Lytle. Lytle also owned the Mountain Meds dispensary in Lakeside that was raided earlier this year. He was charged with five drug-related felonies in that case, which is still pending. He racked up two more felony possession of marijuana for sale charges Thursday.

Arkansas

Last Thursday, the state attorney general approved the wording of a medical marijuana initiative. Attorney General Dustin McDaniel approved an initiative submitted by Arkansans for Compassionate Care that would allow patients to grow their own or buy it from a dispensary. McDaniel earlier approved another medical marijuana initiative that would not allow patients to grow their own.

California

On Tuesday, federal prosecutors dropped their case against an Anaheim landlord whose property they tried to seize over a $37 medical marijuana sale. Under federal pressure, Tony Jalali had already evicted a dispensary he had rented to when the feds brought their asset forfeiture action. Prosecutors had been seeking to drop the case for months, but had insisted that he agree to surprise inspections and promise never to rent to another dispensary. They didn't get that, but Jalali did agree not to demand that the US government pay his attorney fees. The feds dropped the case with prejudice, meaning they cannot threaten to seize his property again. They also dropped two other asset forfeiture cases, but those agreements have been finalized with the courts.

Last Thursday, a Riverside County dispensary sued the city of Murrieta over its decision to ban dispensaries and medical marijuana delivery services. Compassionate Care Beneficiaries seeks a peremptory writ of mandate to set aside the city's decision. It alleges that Murrieta violated state environmental laws by failing to evaluate the potential air pollution and traffic impacts of barring dispensaries and forcing residents who use marijuana legally for medicinal purposes to drive miles farther to obtain it.

On Tuesday, the Santa Cruz County Board of Supervisors moved closer to new medical marijuana regulations. The board is considering rules that would prohibit dispensaries within 600 feet of schools or each other, restricts hours and signage, and could require background checks of dispensary managers or dispensary board members. They would also limit home grows to 100 square feet indoors and 1,000 square feet outdoors. The ordinance will have a final vote on October 22.

Connecticut

Late last month, the state began accepting cultivation and dispensary applications. Patients have been able to sign up for the medical marijuana registry for the past year, but no one has yet been authorized to cultivate marijuana. Now, the state is finally moving forward.

Iowa

On Sunday, the Quad-City Times editorialized against prosecuting a cancer patient for growing medical marijuana. The newspaper accused the Scott County justice system of enforcing "the letter of a law that is doing much more harm than good" in the case of Benton Mackenzie, who was arrested along with his wife, son, and parents for growing marijuana he used to alleviate his cancer treatments. Mackenzie was jailed for two months until authorities realized they might be stuck with his medical bills, and is now free awaiting trial. "Iowa is overdue for marijuana law reform in response to growing clinical evidence of its medicinal value," the paper concluded. "Iowa and Illinois are overdue for decriminalizing a substance readily available despite decades of targeted enforcement." The Quad Cities are a trans-Mississippi River metropolitan area consisting of Davenport and Bettendorf, Iowa, and Moline and Rock Island, Illinois (and East Moline, too).

Kansas

Last Friday, the Kansas Silver-Haired Legislature endorsed medical marijuana. The group focuses on legislation affecting Kansas senior citizens and said in a resolution that medical marijuana brings relief for numerous conditions "often found among senior citizens" as well as slowing the progress of two conditions common to senior citizens -- Alzheimer's Disease and glaucoma. Medical marijuana has gained virtually no traction in the Republican-dominated state legislature.

Michigan

Last Thursday, a Lansing couple whose medical marijuana use resulted in the state seizing their infant daughter saw felony drug charges against them dropped. Steve and Maria Green were arrested on marijuana manufacturing charges in 2011, but the Oakland County prosecutor dropped the charges after it was proven that Steve Green was a patient and his wife a caregiver. But the filing of those charges played a role in the state's decision last month to remove their daughter from their home. It's unclear how the dropping of charges will affect their battle to regain custody of their daughter, who is currently living with Maria Green's mother.

Nevada

On Friday, state officials released their 80-page draft medical marijuana dispensary regulations. The move comes after the legislature this year passed a dispensary bill, which is set to go into effect in April. The state Division of Public and Behavioral Health released the draft, which sets broad guidelines for growers, dispensaries and test labs. The draft has already excited numerous concerns and comments, and is subject to revision.

New Jersey

Last Friday, a second dispensary won approval to start selling marijuana to patients. The Health Department announced that the Compassionate Care Foundation in Egg Harbor Township can open for business. It has been growing marijuana since June, but has not announced an exact opening date. The state has authorized six dispensaries, but so far, only one has opened.

Vermont

On Tuesday, the Rockingham Selectboard approved an ordinance banning dispensaries. The vote came after the police chief said he didn't want a dispensary in the city and a village resident said the town already faced drug abuse issues. The ordinance can be overturned by a majority of voters at the next town meeting.

Washington

On Sunday, a medical marijuana farmers' market reopened in Seattle. While providing candies, lotions, and dried buds to patients, the market is also part of an ongoing fight by the state's patients and medical marijuana industry to ensure that their rights are kept in mind as the state moves toward legally regulated marijuana for all adults.

Wisconsin

Last Thursday, two Democratic legislators announced they would file a medical marijuana bill in the state legislature. Rep. Chris Taylor of Madison and Sen. Jon Erpenbach of Middleton held a news conference Thursday to announce a new bill, saying marijuana can provide pain relief other medication doesn't. A similar measure in 2010 got a hearing, but went nowhere after that under Democratic leadership. In 2011, a similar bill got nowhere at all under a Republican-controlled legislature. The Republicans still control both houses.

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

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4. Switzerland Decriminalizes Marijuana Possession

As of this week, the possession of up to 10 grams of marijuana is no longer a criminal offense in Switzerland. Instead, the Swiss have decriminalized the possession of small amounts of weed, replacing possible jail time and a criminal record with a maximum fine of $110. The new law went into effect Tuesday.

The change in the Swiss drug law brings the country in line with other European countries that have either formally or effectively decriminalized pot possession. It also brings uniformity within Switzerland, where previously, some cantons had turned a blind eye to marijuana offenses while others came down hard on offenders.

The change will also relieve pressure on Swiss police and courts. The country has dealt with 30,000 or so marijuana charges each year, a number that should decline dramatically under the new law.

Cultivation and distribution of marijuana remain criminal offenses, as does possession of more than 10 grams. The new law also increases penalties for sale to minors.

The country of some eight million people is thought to have up to 500,000 marijuana users.

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5. Romania Legalizes Medical Marijuana

The East European nation of Romania has approved the use of marijuana for medical purposes, according to neighboring Bulgaria's Sofia News Agency, citing Romanian sources. It becomes the 10th European Union country to do so.

Legislators in Bucharest amended the country's drug laws to provide that marijuana-derived medicines can be used to relieve pain and reduce seizures in diseases including epilepsy, cancer, and multiple sclerosis.

The possession and use of marijuana for non-medical purposes remains illegal.

Researchers in Romania are currently studying the efficacy of marijuana for patients with Alzheimer's Disease, Parkinson's Disease, and Tourette's Syndrome.

It's not clear whether marijuana's efficacy for treating a particular disease or disorder must be proven before it can be used to treat that disease or disorder.

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

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6. Venezuela to Shoot Down Drug Planes

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

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

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

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

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

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7. Poll Finds Texans Ready to Legalize Marijuana

Voters in Texas are among the latest to hop on board the marijuana legalization bandwagon, according to a poll released this week. The Public Policy Polling survey had support for marijuana legalization at 58%, support for medical marijuana at 58%, and support for decriminalizing small-time possession at 61%.

The poll was commissioned by the Marijuana Policy Project. The survey of 860 randomly selected Texas voters was conducted September 27-29 and has a margin of error of plus or minus 3.3%.

"Marijuana prohibition has been just as big a failure as alcohol prohibition," said MPP executive director Rob Kampia, a part-time Austin resident. "Most Texans agree that marijuana sales should be conducted by legitimate businesses instead of drug cartels in the underground market."

The poll's legalization question -- "Would you support or oppose changing Texas law to regulate and tax marijuana similarly to alcohol, where stores would be licensed to sell marijuana to adults 21 and older?" -- was the only question that allowed respondents to qualify their support as "strongly support" or "somewhat support." Some 41% strongly supported legalization, with another 17% somewhat supporting it.

Unusually, support for legalization was stronger among women (59%) than among men (56%). Also going against the grain, support was stronger among blacks (61%) and Latinos (60%) than Anglos (56%). In most polls across the country, men and whites are more likely to support legalization than women, blacks, or Latinos.

By political affiliation, legalization won strong majority support among Democrats (70%) and independents (57%), while even nearly half of Republicans (48%) also favored it. Legalization also won majority support across all age groups, with even those 65 and older coming in at 52%.

The poll also found that 61% of state voters support removing criminal penalties for possession of up to one ounce of marijuana and replacing them with a civil offense punishable by a fine of up to $100 with no possibility of jail time. Only 30% said they were opposed to that. Under current Texas law, it is a criminal offense for a person to possess a small amount of marijuana, and he or she can be sentenced to up to a year in jail and fined up to $2,000.

"Law enforcement officials' time would be better spent addressing violent crimes instead of adults simply possessing marijuana," Kampia said. "No adult should face potentially life-altering criminal penalties for using a product that is significantly less harmful than alcohol."

Most Texas voters (58%) support changing state law to allow seriously and terminally ill patients to use medical marijuana if their doctors recommend it. Just 31% said they are opposed.

"There is ample research demonstrating the medical benefits of marijuana in the treatment of several debilitating conditions," Kampia said. "People suffering from cancer and multiple sclerosis should not face the threat of arrest for using medical marijuana if their doctors believe it will help ease their suffering."

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8. Polls Find Maryland, Florida Ready for Marijuana Reform

Polls from two more states this week show an increasing acceptance of the need to reform marijuana laws. In a Florida poll, Sunshine State voters said they were ready to back medical marijuana, while in a Maryland poll, Old Line State voters said they were ready to decriminalize and/or legalize the weed.

Voters in the two states are joining a growing cavalcade of marijuana reform supporters in state polls, some of them in places where the support seemed unlikely. Just in the month of September, different polls showed majority support for marijuana legalization in Louisiana, majority support for decriminalization and a near majority (47%) for legalization in Michigan, majority support for decriminalization and medical marijuana in Oklahoma, and majority support for legalization in California.

In Florida, where the Right to Medical Marijuana Initiative signature-gathering campaign is underway, a Public Policy Polling survey found support for a medical marijuana ballot measure at 62%, with only 26% opposed and 12% undecided.

That poll found strong support for medical marijuana among Democrats (68%) and independents (74%). And while there wasn't majority support among Republicans, more Republicans supported medical marijuana (46%) than opposed it (41%).

In Maryland, a Public Policy Polling survey found nearly three-quarters (72%) support for medical marijuana, more than two-thirds (68%) for decriminalization, and a slight majority (53%) for legalization. (The legalization question asked: "Would you support or oppose changing Maryland law to make marijuana legal for adults 21 and over, and regulating and taxing marijuana similarly to alcohol?")

The poll was commissioned by the Marijuana Policy Project and the ACLU of Maryland, both of which have been working with the state legislature in Annapolis to loosen pot penalties. This year, the legislature approved a medical marijuana program, but rejected efforts to decriminalize or legalize marijuana.

"Most Maryland voters recognize that marijuana prohibition has failed and believe it is time to adopt a more sensible approach," said Rachelle Yeung, legislative analyst for MPP. "By regulating marijuana like alcohol we can take marijuana sales out of the underground market and put them behind the counters of legitimate, tax-paying businesses. Marijuana is objectively less harmful than alcohol, and it is time to treat it that way."

"Our current marijuana prohibition policies are grossly ineffective," said Sara Love, public policy director for the ACLU of Maryland. "It's time to take a commonsense approach to public safety and criminal justice. We should not be wasting resources arresting people simply for possessing marijuana. Enforcement of these misguided marijuana laws is having a disproportionate and detrimental impact on communities of color. A majority of voters agree it is time for a change."

Elected officials are supposed to lead, but when it comes to marijuana law reform, it is becoming increasingly clear that the public is going to have to lead the elected officials by their noses.

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9. This Week's Corrupt Cops Stories

A Florida police department has a fine drug war racket, plus more cops with pain pill issues, a Texas deputy goes down for slinging cocaine, a former Milwaukee cop gets slapped for putting his hands in the wrong place, and an ex-Chicago cop goes away for ripping off drug couriers. Just another week of drug-related police corruption. Let's get to it:

In Sunrise, Florida, the police have made a fine -- and legal -- art of corruption around asset forfeiture by paying informants hundreds of thousands of dollars to lure would-be cocaine buyers to the suburban paradise, where the cops then relieve them of their cash and possessions under state and asset forfeiture laws. The racket brought in more than $5 million for police coffers last year, five times more than any other Broward County community. The South Florida Sun-Sentinel's "Cops, Cash, Cocaine: How Sunrise's Police Make Millions Selling Drugs," tells the sordid tale with some old-school investigative reporting. It's at the link above and deserves to be read in full.

In Johnston, Rhode Island, a state prison guard was arrested last Thursday on charges he was peddling pills. James Petrella, 49, was arrested after selling oxycodone and clonazapam to an undercover officer on three occasions last month. Petrella worked at the Maximum Security Facility until being placed on sick leave in June for a work-related injury. He is now charged with three counts of delivery of a controlled substance. At last report, Petrella was still being held after his bail was set at $20,000.

In Dallas, a former Yoakum County sheriff's deputy pleaded guilty last Thursday over his role in a cocaine distribution conspiracy. Inoe Valdez, Jr., 43, admitted to selling at least 1.5 pounds of cocaine, conspiring in a multi-hundred pound marijuana deal that never materialized, and using his cell phone to communicate with a drug trafficker. He copped to conspiracy to distribute and possess with the intent to distribute cocaine and distribution and possession with intent to distribute cocaine. No word yet on a sentencing date.

In Milwaukee, a former Milwaukee police officer was found guilty last Friday of charges related to illegal strip and body cavity searches of drug suspects. Jacob Knight, 32, was one of a group of four officers led by Michael Vagnini who were accused of widespread resort to the illegal and invasive searches. Vagnini recently got 26 months in prison. Knight was found guilty of criminal misconduct and sentenced to 20 days in jail.

In Price, Utah, a former Carbon County sheriff's sergeant pleaded guilty Monday to taking drugs from the department's evidence room without authorization. Christopher Basso went down after deputies suspected he was going to the evidence room on the down low and they set up a surveillance camera that caught him in the act. He was placed on administrative leave after failing two drug tests in January, fired in February, then charged with multiple offenses in March. He pleaded guilty to possession of a controlled substance, burglary, and misdemeanor evidence tampering and faces sentencing on December 2.

In Chicago, a former Chicago police sergeant was sentenced Wednesday to nearly two years in federal prison for stealing thousands of dollars from a "drug courier" who turned out to be an FBI informant. Ronald Wright, 19-year veteran of the force, was arrested along with another officer, Kallatt Mohammed, in 2012 after they were caught stealing drug proceeds. Mohammed pleaded guilty last summer, testifying that he and Watts had demanded protection payoffs from drug dealers in the now closed-down Ida B. Wells housing complex on the South Side. He got 18 months, but didn't testify against Watts, who copped a plea just before trial in July. He agreed to plead guilty to one count of theft of government funds. His sentence was greater than the 10-16 months called for by federal sentencing guidelines, but less than the 36 months prosecutors sought.

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10. Drug War Chronicle Needs Your Support!

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Dear friend of drug policy reform,

StoptheDrugWar.org needs your support more than ever before to continue our work of getting the word out online for the drug policy reform movement, building the movement, and providing this crucial informational tool that reformers around the world use in their work every day. I ask your support at this time with the most generous donation you can afford to enable this newsletter to continue.

In recent weeks we've announced our latest offer for members donating $50 or more, author-signed copies of three important new books. Phil has now completed reviews of all three of these works, most recently NYT bestselling author Doug Fine's -- Too High to Fail: Cannabis and the New Green Economic Revolution, as well as Marc Mauer and Sabrina Jones's Race to Incarcerate: A Graphic Retelling and Carl Hart's High Price: A Neuroscientist's Journey of Self-Discovery That Challenges Everything You Know About Drugs and Society.

To donate, and to order any of these or other items we offer, please use our online donation form at http://stopthedrugwar.org/donate, or scroll down for info on donating by mail. We are asking donations of $50 or more for a signed copy of any one or these books, $95 or more for signed copies of any two, or $135 or more for signed copies of all three. (If more than 25 people order the books by the time you place your order, we will ask the authors if they're willing to sign more. If that can't be worked out, we'll contact you and offer to make different arrangements, whether for a full or partial refund or to send different items.)

Now, $50 is a little more than we've asked for such items in the past, and of course they can be ordered online or purchased in a bookstore for less. Things have changed in the drug reform funding scene, making our organization more dependent on membership to continue our programs -- I hope you'll choose to support us at this time. Note that we continue to offer a range of books, videos, and StoptheDrugWar.org gift items with donations of as little as $7 -- visit our donation form to see the full list.

Also note that donations to StoptheDrugWar.org can be tax-deductible, supporting our educational work, or non-deductible, supporting our lobbying work. (Note that selecting any gift items reduces the amount of your donation that is deductible -- which with a smaller gift amount can be most of it.) Donations can be made by credit card or PayPal at http://stopthedrugwar.org/donate, or sent by mail to P.O. Box 18402, Washington, DC 20036. If you are donating by check, please make it payable to DRCNet Foundation (if tax-deductible) or Drug Reform Coordination Network (if not deductible). If you wish to donate stock, the information to give your brokerage is Ameritrade, (800) 669-3900), DTC#0188, and account number 781926492 for tax-deductible gifts or 864663500 for non-deductible gifts -- please make sure to contact us if donating in this way.

Thank you for standing with us to stop the drug war's cruelties and meet the opportunity this time offers to make a brighter future. As recent events show, time and the truth are on our side!

Sincerely,

David Borden, Executive Director
StoptheDrugWar.org
Washington, DC
http://stopthedrugwar.org

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

Drug War Issues

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