Drug War Chronicle #943 - September 15, 2016

Fentanyl Maker Kicks In Half a Million to Defeat Arizona Marijuana Legalization

Marijuana legalization advocates have long argued that pharmaceutical companies, who could lose out if marijuana is legally available, are some of the staunchest supporters of marijuana prohibition, and now an Arizona company is making their case for them.

fentanyl (Creative Commons)

Fentanyl is a synthetic opioid several dozen times more potent than heroin. It has been linked to numerous opioid overdose deaths across the country, especially when mixed with heroin. Marijuana, on the other hand, has no reported overdose deaths -- ever (although the analogy isn't perfect, because Prop 205 is a legalization initiative, Arizona already has medical).

Insys isn't just any pharmaceutical company. Its sole product is Subsys, a sublingual fentanyl spray, and it has shown that it's willing to bend the rules to sell that product. In the past month alone, two former company employees pleaded not guilty to federal charges related to an alleged kickback scheme to get doctors to prescribe Subsys and Illinois Attorney General Lisa Madigan filed a lawsuit against the company charing that Insys hawked the drug to doctors for off-label prescribing.

Insys's "desire for increased profits led it to disregard patients' health and push addictive opioids for non-FDA approved purposes," Madigan wrote.

While Subsys is the only product the company currently markets, it says on the home page of its website that it is also working "to develop pharmaceutical cannabinoids." It's not much of a leap to wonder whether the company is backing the continued criminalization of marijuana users in order to protect potential market share for its products in development, and legalization supporters were quick to do so.

Responding to a query from US News & World Report, the anti-legalization Arizonans for Responsible Drug Policy said it would not return the donation. Instead, it released a statement expressing gratitude for the donation and pointing out that Insys is an Arizona-based company, unlike the Marijuana Policy Project (MPP), which backs the legalization effort.

The MPP-backed Arizona Campaign to Regulate Marijuana Like Alcohol responded with a statement from campaign director J.P. Holyoak, who laid into both InSys and the opposition group that took its money.

"We are truly shocked by our opponents' decision to keep a donation from what appears to be one of the more unscrupulous members of Big Pharma. You have a company using profits from the sale of what has been called 'the most potent and dangerous opioid on the market' to prevent adults from using a far less harmful substance. In addition to selling an extremely potent and dangerous opioid, they have been under investigation by numerous states and the federal government for the manner in which they have done so," Holyoak said.

"Their homepage touts their development of 'pharmaceutical cannabinoids,' which are synthetic versions of chemical compounds found in marijuana. It appears they are trying to kill a non-pharmaceutical market for marijuana in order to line their own pockets," he continued.

"Our opponents have made a conscious decision to associate with this company. They are now funding their campaign with profits from the sale of opioids -- and maybe even the improper sale of opioids. We hope that every Arizonan understands that Arizonans for Responsible Drug Policy is now a complete misnomer. Their entire campaign is tainted by this money. Any time an ad airs against Prop. 205, the voters should know that it was paid for by highly suspect Big Pharma actors."

back to top

Four Dead in Drug War Killings in Five Days, Including One Police Officer

Guns and drugs are a bad combination. Or, more precisely, drug prohibition in a nation where guns are freely available has tremendous potential for fatal conflicts between drug users and sellers and the police who are out to get them. Attempting to enforce widely-flouted drug prohibition laws in a society as heavily armed as this one is a recipe for violent encounters. When the war on drugs intersects with the Second Amendment, the bullets fly.

During the five years the Chronicle has been tracking drug war deaths, they have occurred at a rate of about one a week. Not so far this month, though.

The number of police officers killed in the drug war has typically been a handful each year, but with four officers already killed so far this year, 2016 could end up being an atypically bloody year for police, too.

Here are the three fatal encounters that left four dead in the drug war since the month began:

On September 2, in Alamogordo, New Mexico, a wanted drug suspect and an Alamagordo police officer died in a shootout after a foot chase. Joseph Moreno, 38, died at the scene, while Officer Clint Corvinus, 33, succumbed to his wounds at a local hospital. Corvinus and another officer encountered Moreno while on patrol, but he took running when they tried to detain him. Gunfire broke out, and the two men were fatally wounded. The New Mexico State Police are investigating. Moreno had a lengthy criminal history, including a stint in state prison in 2001. Since then, he had been arrested numerous times, mostly on drug charges, but also for burglary, robbery, escape, and conspiracy to attempt to commit a violent felony. He had three warrants outstanding when the shootout occurred and was scheduled for court on drug charges in December. During a press conference the same day as the shooting, Alamogordo Police Chief Daron Syling said police had received threats after Moreno's death from people they believe are associated with him. One man was arrested after showing up at the hospital and threatening police.

On September 6, in Omaha, Nebraska, Douglas County sheriff's deputies shot and killed David L. Anderson, 25, as they attempted to arrest him on a felony warrant for possession of a controlled substance. The circumstances are not clear, but deputies reported they were being fired on before opening fire on the black pickup truck Anderson was driving. Witnesses reported deputies pulling Anderson from the truck after it crashed. He was taken to a nearby hospital where he was pronounced dead. Police did not say if a weapon had been recovered. The deputies involved are now on leave and the Omaha Police Department is investigating the incident.

On September 7, in East Lakeland, Florida, members of a Polk County Sheriff's Office "high intensity drug task force" shot and killed Francis Perry, 32, after he refused officers' orders to exit his vehicle and then opened fire with a handgun, police said. The incident began when task force members on patrol spotted Perry driving a black Dodge Charger and recognized him as someone with outstanding warrants. They followed him until he parked in the driveway of a house, and he refused to roll down his tinted window or exit the vehicle. As officers prepared to break the window glass, Perry reached for a 9mm pistol he was wearing on his hip and opened fire. Four officers returned fire, firing 28 rounds, with five striking Perry, who died shortly thereafter at a nearby hospital. "We didn't choose to shoot Francis Perry," Sheriff Perry Judd said at a news conference. "He chose for us to shoot him, and we accommodated him... We can only surmise, ladies and gentlemen, that this guy decided he wanted to end his life here, that this was really a suicide by cop." Perry had a long criminal history and more than $5,000 of meth in his car, police said.

back to top

Medical Marijuana Update

As all eyes turn toward marijuana legalization initiatives looming in November, it's been pretty quiet on the medical marijuana front. At least there's good news from Michigan.

Last Thursday, the Senate passed an industry regulation bill allowing dispensaries. The state Senate Thursday passed a bill that would tax and regulate medical marijuana businesses and explicitly allow for dispensaries. The bill would set a 3% tax on dispensaries' gross retail income, require licensing to grow, process, transport, and sell medical marijuana, and explicitly allow for forms of medical marijuana that include infused, non-smokable forms of the herb. The House approved much of this package almost a year ago. Now, it goes to the desk of Gov. Rick Snyder (R).

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

back to top

This Week's Corrupt Cops Stories

A Mississippi police chief shoots himself during an investigation into asset forfeiture funds, a Massachusetts police officer shoots herself during an investigation into thefts from her evidence room, an Ohio cop goes to prison for lying on drug search warrants and stealing big time, and more. Let's get to it:

In Bay St. Louis, Mississippi, the police chief shot and killed himself last Thursday after being relieved of duty during an investigation into the department's handling of asset forfeiture funds. Chief Mike De Nardo was being escorted by two deputies out of the police station when he shot himself in the chest.

In Eugene, Oregon, a former Deschutes County sheriff's captain was sentenced last Thursday to five years in federal prison for stealing more than $205,000 from drug buy funds and money seized in drug busts. Scott Beard repeatedly stole funds over a two-year period and laundered them using the bank account of his mistress, whom he treated to a lavish lifestyle. He copped to two counts of theft and two counts of money laundering in May, and was taken into custody upon sentencing.

In Columbus, Ohio, a former Reynoldsburg police officer was sentenced last Friday to 33 months in federal prison for falsifying search warrants in drug cases and stealing $150,000 in property and cash. Shane Mauger had worked with Reynoldsburg Detective Tye Downard, who hung himself in his jail cell after being arrested for using his connections to sell drugs, including drugs stolen from the evidence room. Both were members of the Franklin County Drug Task Force, and at least 15 felony drug cases have been dropped because they lied on search warrant applications. Mauger pleaded guilty in May to conspiracy to deprive persons of the civil rights and theft.

back to top

Chronicle AM: House GOP Wants Unemployment Drug Tests, MI Senate OKs Dispensaries, More... (9/9/16)

House Republicans unleash another drug testing for benefits campaign, marijuana legalization foes start making moves, Michigan has moved a big step closer to explicitly allowing dispensaries, and more.

House Republicans want laid off workers to have to urinate in a cup before receiving benefits. (Creative Commons)

Alaska Approves First Permit for Retail Pot Shop. The state's Marijuana Control Board Thursday approved the first permit for a retail marijuana store. The permit went to Frozen Budz in Fairbanks. Co-owner Destiny Neade said she hoped to be open by October 1. "Now all I need is some herb," she said. The board was also considering 16 other permit applications.

California Anti-Legalization Effort Gets Big Gift from Pennsylvania Millionaire. Pennsylvania millionaire Julie Schauer has donated $1.3 million to the anti-legalization Smart Approaches to Marijuana/No on 64 campaign committee. Most of the money will be used to try to defeat the Prop 64 legalization initiative, but some will go to fight legalization campaigns in other states, too. Schauer's money made up most of the $64,000 that has gone to a separate committee opposing Prop 64. That committee has only raised $300,000, while committees supporting Prop 64 have raised more than $6 million.

Maine Police Chiefs Oppose Legalization Initiative. The Maine Chiefs of Police Association Friday formally announced its opposition to the Question 1 legalization initiative. "We're concerned about the effect (legalization) may have on the communities and the youth after looking at what's happened in Colorado," said Falmouth Police Chief Edward Tolan, incoming president of the association. "That's what prompted us to take this position as police chiefs."

Michigan Legalizers Ask Federal Court to Intervene in Signature Dispute. A day after being turned away by the state Supreme Court, the MI Legalize campaign has filed a lawsuit in federal court seeking to block the printing of state election ballots until disputed petition signatures are counted. The group handed in enough signatures to qualify for the ballot, but some of them were gathered outside a 180-day period and not counted, keeping the measure off the ballot. MI Legalize has gotten nowhere in the state courts. Ballots were supposed to be printed today.

Medical Marijuana

Michigan Senate Passes Industry Regulation Bill Allowing Dispensaries. The state Senate Thursday passed a bill that would tax and regulate medical marijuana businesses and explicitly allow for dispensaries. The bill would set a 3% tax on dispensaries' gross retail income, require licensing to grow, process, transport, and sell medical marijuana, and explicitly allow for forms of medical marijuana that include infused, non-smokable forms of the herb. The House approved much of this package almost a year ago. Now, it goes to the desk of Gov. Ricky Snyder (R).

Drug Testing

House Republicans in New Push to Drug Test Unemployment Applicants. House Republicans are pushing a new bill that would give states the option of forcing drug tests on applicants for unemployment benefits. They say the bill is needed because a Labor Department rule bars states from using a 2012 law to do so. The measure is HR 5945, sponsored by Rep. Kevin Brady (R-TX).

International

Canada Wants US to End Travel Ban on Residents Who Smoke Pot. The case of a Canadian man barred from entering the US because he admitted to recreational marijuana use has provoked the Canadian government to seek a re-set of US border policy. "We obviously need to intensify our discussions with our border authorities in the United States, including the Department of Homeland Security," the public safety minister, Ralph Goodale, said in an interview with the Canadian Broadcasting Corp late on Thursday. "This does seem to be a ludicrous situation," he said, noting that marijuana is legal in Washington state as well as "three or four other jurisdictions in the United States." First, though, Canada might want to work on its own border policy; it bars US pot smokers from entering the country.

back to top

Chronicle AM: MA Init Gets Big Bucks, Chicago's West Side is Heroin "Epicenter", More... (9/12/16)

The California legalization campaign heats up, the Massachusetts legalization campaign is sitting pretty with lots of cash, a North Carolina town becomes the first in the South to adopt Law Enforcement Assisted Diversion (LEAD) for drug users, and more.

People lining up to buy heroin in Chicago. (Chicago PD)

California Legalization Supporters File Complaint Against Opposition Committee. Diane Goldstein, one of the proponents for the Prop 64 legalization initiative, filed a complaint last Friday against Smart Approaches to Marijuana Action, the lobbying and campaign arm of the prohibitionist Project SAM. The complaint claims the committee misreported donations, failed to file contribution reports, and left some contribution reports incomplete, including one for Pennsylvania millionaire Julie Schauer, who gave $1.3 million the opposition.

California Highway Patrol Says It Is Neutral on Legalization Initiative. The state Highway Patrol last Friday clarified that it has not taken a position on the Prop 64 legalization initiative. The move comes after the head of the California Association of Highway Patrolmen criticized the measure for not setting a legal driving limit for the amount of THC in drivers' blood. CHP provided technical assistance to the measure's authors and is involved in implementing medical marijuana regulations signed into law last year.

Massachusetts Legalization Initiative Getting Big Bucks Backing. Supporters of the Question 4 legalization initiative have taken in more than $2.4 million since January, most of it from the New Approach PAC, a group based in Washington, DC, that is led by Graham Boyd. Groups opposing Question 4 have only raised less than $400,000, giving supporters a six-to-one funding advantage.

Heroin and Prescription Opioids

Report Names Chicago's West Side as "Epicenter" of State's Heroin Crisis. A new report from Roosevelt University, Hidden in Plain Sight, examines heroin arrests, hospitalizations, and deaths on the city's West Side and finds that the area accounts for one out of four hospitalizations for overdoses in the entire state. The response to rising heroin use has focused on enforcement, not treatment, said report coauthor Kathy Kane Willis. "Incarceration or arrest is an extremely ineffective and expensive way to treat a health crisis like this. We cannot arrest our way out of this problem," she said. In response to the report, state Rep. La Shawn K. Ford (D-Chicago) has launched the West Side Heroin Task Force to help find evidence-based solutions to the problem.

Law Enforcement

Fayetteville, NC, Starts First Law Enforcement Assisted Diversion (LEAD) Program in the South. This month the Fayetteville Police Department and a number of partners, including the North Carolina Harm Reduction Coalition (NCHRC), are launching a new program to divert low-level drug and sex work (prostitution) offenders to treatment instead of jail. Currently, Fayetteville faces one of the highest rates of opioid abuse in the nation. Last year alone over 500 people were arrested for drug possession in the city. Under the new law enforcement assisted diversion program (LEAD) launched this month, police officers will be able to divert eligible citizens (people with under 4 grams of drugs, no violent record, etc) to treatment providers and social services instead of funneling them through the criminal justice system, where often the cases are thrown out or people serve minimal jail time and wind up back on the streets.

International

Rampant Meth Use is Driving Asia's Drug War. The Philippines isn't the only country in the region waging a deadly "war on drugs." In Thailand and Myanmar, drug users are sentenced to long prison terms, while Indonesia has declared a "narcotics emergency" and resumed the execution of drug convicts. But that tough response is only likely to make things worse, experts said.

back to top

Chronicle AM: CA&MA Polls, Kratom Proponents Mobilize, Canada OKs Prescription Heroin; More... (9/14/16)

The polling is looking good in Massachusetts and better in California, there will be no initiative for Michigan this year, kratom proponents fight a proposed DEA ban, Canada gives the go-ahead for expanded heroin prescribing, and more.

The Canadian government has cleared the way for limited heroin prescribing for hard-core users. (Creative Commons)

Marijuana Could Be a $50 Billion a Year Industry Within a Decade. A new report from financial analysts Cowen & Company says the legal weed industry could grow to a $50 billion a year business by 2026. The report notes that legalizing pot in California alone could triple the size of the industry, currently around $6 billion a year.

California: LA Times Poll Has Prop 64 at 58%. The Prop 64 legalization initiative is supported by 58% of voters, according to a new USC Dornsife/Los Angeles Times poll. Only 34% said they would vote against the measure, with 8% undecided. "It's very clear that Californians' attitudes have changed dramatically on this issue over the last several years," said Dan Schnur, director of the poll and of the Jesse M. Unruh Institute of Politics at USC. "The opposition is going to have to identify a fairly sizable source of campaign funding if this initiative is to be close," he added.

California: Eyewitness News/Southern California Newsgroup Poll Has Prop 64 at 52%. The Prop 64 legalization initiative has 52% in a new poll from Eyewitness News/Southern California Newsgroup. Some 40% said they would vote no, with 8% undecided.

Massachusetts Poll Has Legalization Initiative Up By Five Points. A new poll from WBUR TV has support for the Question 4 legalization initiative at 50%, with 45% opposed. "There's some big demographic splits, particularly along age lines," pollster Steve Koczela said. "Younger people are very much in favor of legalization, and it declines steadily as you move up the age brackets to where you get to voters who are 60-plus, and they're opposed to it by a 17-point margin."

Federal Judge Puts Final Nail in Coffin of Michigan Legalization Initiative. A federal court judge rejected a last chance effort by MI Legalize to get its legalization initiative on the November ballot. Judge Linda Parker Tuesday denied a motion from the group to stop the printing of election ballots, saying there was not enough time to stop the election process. MI Legalize gathered enough signatures to qualify for the ballot, but some of them came outside a 180-day mandated by state law. MI Legalize challenged rulings by state officials that knocked those signatures off the tally, but lost in the state courts -- and now, in federal court.

Kratom

Kratom Supporters Fight Proposed DEA Ban. Proponents of the Southeast Asian plant with mild opium-like qualities have mobilized to block the DEA proposed emergency move to place the substance on Schedule I of the Controlled Substances Act. Hundreds marched in front of the White House Tuesday and more than 120,000 have signed a Change.org petition opposing the ban, meaning the White House will have to publicly address the issue.

International

Canada Has Approved Prescription Heroin. The Canadian government last week quietly approved new regulations that will allow doctors to prescribe diacetylmorphine (heroin) to long-term users who have not responded to more conventional approaches to weaning them from the drug. The Crosstown clinic in Vancouver is currently the only place in the country with a heroin maintenance program, but that should now not be the case for long.

British MPs Call for Medical Marijuana. The All Party Parliamentary Group on Drug Policy Reform has called for medical marijuana to be legalized in the United Kingdom. The call comes on the heels of a report by neurologist Dr. Mike Barnes urging that marijuana be moved from Schedule I to Schedule IV on the British drugs classification scheme. "Many hundreds of thousands of people in the UK are already taking cannabis for primarily medical reasons," said MP Caroline Lucas, who co-chairs the group. "It is totally unacceptable that they should face the added stress of having to break the law to access their medicine."

back to top