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Is the Obama Administration Planning a Federal Marijuana Crackdown?

In discussing strategies to reduce drug war violence in Mexico, Attorney General Eric Holder made this troubling remark:

In the interview, Mr. Holder said he was sending an additional 100 agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives to the southern border to crack down on the so-called straw gun purchases — in which one person submits to the federal background checks to obtain guns for someone else — that fuel much of the southbound smuggling. And with marijuana sales central to the drug trade, Mr. Holder said he was exploring ways to lower the minimum amount required for the federal prosecution of possession cases. [New York Times]

It's a disturbing comment that provoked curiosity from Pete Guither and Eric Sterling, but the back-story helps to qualify exactly which type of marijuana offenders we're talking about. From a meeting with prosecutors in Baltimore:  

The officials who met with Holder today quizzed him on a variety of local concerns. For example, Barbara LaWall, the Pima County, Ariz., attorney, said that federal prosecutors in her state were refusing to take cases involving cross-border marijuana seizures of 500 pounds or less.

The result, she said, has been no convictions for hundreds of smugglers caught with about 490 pounds of marijuana. [Baltimore Sun]

So when Holder says he's "exploring ways to lower the minimum amount required for the federal prosecution of possession cases," he's responding to complaints that major traffickers are currently being allowed to walk. Obviously, he's dreaming if he thinks lowering the threshold will intimidate traffickers who've already made it clear that they fear nothing. Our failure to prosecute cases under 500 pounds just shows how ridiculously outmatched we are and any attempt to rectify the situation will only serve to further prove that point.

Regardless, Holder's comment shouldn’t be read as a declaration of war against American marijuana users. He's not saying there will be an effort to increase arrests. They are aiming to put more people in prison for pot, however, rather than continuing to systematically pass on cases involving hundreds of pounds.

If Holder wants to reduce Mexican drug war violence, he needs to reduce the drug war itself, not the thresholds for marijuana prosecutions. Believe me, Americans would be happy to grow their pot at home and defund the marijuana cartels entirely.
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Medical Marijuana: Florida Petition Drive Under Way

A grassroots petition drive to get medical marijuana on the 2010 ballot in Florida is underway. Organizers need almost 700,000 signatures and $5 million for the drive and the election campaign, and they're counting on web-based activism to get them there.
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Cheye Calvo Comments on the Passage of SWAT Monitoring Legislation in Maryland

Berwyn Heights Mayor Cheye Calvo sent us his terrific statement in response to the new SWAT reporting law passed by the Maryland legislature:

"Although the botched raid of my home and killing of our dogs, Payton and Chase, have received considerable attention in the media, it is important to underscore that this bill is about much more than an isolated, high-profile mistake.  It is about a growing and troubling trend where law enforcement agencies are using SWAT teams to perform ordinary police work.  Prince George's County police acknowledges deploying SWAT teams between 400 and 700 a year -- that's twice a day -- and other counties in the state have said that they also deploy their special tactical units hundreds of times a year.  The hearings on these bills have brought to light numerous botched and ill-advised raids in Anne Arundel, Baltimore, Carroll, Howard, Montgomery, and Prince George's counties that also have had devastating effects on the lives of innocent people and undermined faith in law enforcement.  HB 1267 will shine this light, provide oversight, and demand accountability as a matter of course."

It's about time. No matter how many of these stories I cover, the scope of the problem continues to send shivers down my spine. Calvo's own story is troubling enough before one considers that there are so many more that follow a disturbingly similar plotline.

Calvo also comments on the fact that law-enforcement interests directly opposed his efforts to increase oversight and accountability:

"Although I applaud lawmakers for passing this bill over the objections of law enforcement, I was disappointed that state law enforcement groups decided to oppose this measure rather than embrace it as an opportunity to restore the public trust.  I remain especially concerned with the argument put forward that only law enforcement should police itself and that it is somehow inappropriate for elected leaders to legislate oversight and accountability.  I cannot disagree with this argument more.  As an elected officials, we must take full responsibility for the law enforcement departments that we fund and authorize, and we must hold our law enforcement officials to the highest standards and ideals.  I strongly support law enforcement and believe that so many of our officers are heroes.  However, it is perfectly consistent to support them, provide oversight, and demand accountability -- just as our constituents support, oversee, and demand accountability from us."

Well said. Still, I'm honestly appalled that such arguments even have to be raised. After everything that's happened, how dare they object to basic oversight? When law enforcement directly lobbies against accountability, that is just an affront to the public interest. It's outrageous and although the right result was reached, there remain serious questions to be asked about the agenda of those in law-enforcement who took a leadership role in opposing this bill.

With their hands stained in innocent blood, they arrogantly insist that we avert our eyes. Thanks to Cheye Calvo and Maryland's legislators, we'll do exactly the opposite.
In The Trenches

Berwyn Heights Mayor Cheye Calvo Responds to the Passage of SWAT Reporting Legislation in Maryland


For immediate release:                                For more information:
April 8, 2009                                               Cheye Calvo, 301-789-5469
 
STATEMENT OF BERWYN HEIGHTS MAYOR CHEYE CALVO
ON PASSAGE OF SWAT TEAM REPORTING LEGISLATION

Senate passage of HB 1267 sends measure to Governor O'Malley for his signature

(Berwyn Heights, Maryland – Tuesday, April 8, 2009)  "Last night, the Maryland Senate passed HB 1267, the SWAT Team Activation and Deployment Reporting legislation, by a vote of 46-0.  This same measure was passed 126-13 by the House of Delegates on March 28, 2009.  The measure now goes to Governor Martin O'Malley for his signature.  I am hopeful that Governor O'Malley will sign this bill and make Maryland the first state in the nation to establish a statewide system of oversight and accountability for SWAT team deployments."
 
"HB 1267 will require law enforcement agencies with SWAT teams to report every six months to civilian authorities and to the public on the number, general location, purpose, authorization, and results of SWAT deployments.  It also directs the Governor’s Office of Crime Control and Prevention to analyze the information and issue an annual report on SWAT team deployments in states."
 
"I want to express my profound appreciation to the Maryland General Assembly for advancing this legislation and, in particular, want to thank the lead sponsors, Senator C. Anthony Muse (Prince George's) and Delegate Kris Valderrama (Prince George's), and the dozens of Senate and House co-sponsors for their leadership on this issue."
 
"Although the botched raid of my home and killing of our dogs, Payton and Chase, have received considerable attention in the media, it is important to underscore that this bill is about much more than an isolated, high-profile mistake.  It is about a growing and troubling trend where law enforcement agencies are using SWAT teams to perform ordinary police work.  Prince George's County police acknowledges deploying SWAT teams between 400 and 700 a year -- that's twice a day -- and other counties in the state have said that they also deploy their special tactical units hundreds of times a year.  The hearings on these bills have brought to light numerous botched and ill-advised raids in Anne Arundel, Baltimore, Carroll, Howard, Montgomery, and Prince George's counties that also have had devastating effects on the lives of innocent people and undermined faith in law enforcement.  HB 1267 will shine this light, provide oversight, and demand accountability as a matter of course."
 
"It is my strong believe that police must their homework and resort to SWAT teams as a last -- rather than initial or de facto -- response.  It is my hope that, by providing oversight and accountability, HB 1267 will encourage law enforcement to exercise better judgment before deploying these paramilitary operations into our communities.  It is also my hope that this bill will provide elected officials the information that they need to establish sound and effective standards for how, when, and why SWAT teams are deployed."
 
"Although I applaud lawmakers for passing this bill over the objections of law enforcement, I was disappointed that state law enforcement groups decided to oppose this measure rather than embrace it as an opportunity to restore the public trust.  I remain especially concerned with the argument put forward that only law enforcement should police itself and that it is somehow inappropriate for elected leaders to legislate oversight and accountability.  I cannot disagree with this argument more.  As an elected officials, we must take full responsibility for the law enforcement departments that we fund and authorize, and we must hold our law enforcement officials to the highest standards and ideals.  I strongly support law enforcement and believe that so many of our officers are heroes.  However, it is perfectly consistent to support them, provide oversight, and demand accountability -- just as our constituents support, oversee, and demand accountability from us."
 
"It is my hope that HB 1267 is the first step among many more that will strengthen and rebuild trust in our law enforcement agencies.  I am hopeful that Governor O'Malley will sign this bill soon, and I am committed to work going forward to promote policies that both enhance our public safety and protect our civil liberties."
 
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