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This Week's Corrupt Cop Stories

A Pennsylvania state trooper gets wasted on the job, and more. Let's get to it:

In Honesdale, Pennsylvania, a former Pennsylvania State Police corporal pleaded guilty last Thursday to stealing drugs from the barracks evidence room. Ex-Corporal Brain Rickard didn't just steal them; he got wasted with them on the job, leading to his current predicament. And he used office computers to cover up the thefts. Richard had been found at work "in a compromised state, unable to function normally, and made a commotion when he was told to return home," prosecutors said. A subsequent search of his office turned up empty heroin packets and a crumpled evidence envelope, and additional packets with the same branding were found in Rickard's home when it was searched. He pleaded guilty to acquisition of controlled substance by misrepresentation, obstructing administration of law, tampering with physical evidence, forgery, and theft by unlawful taking. Sentencing is set for September 19.

In El Paso, a former El Paso police officer was sentenced last Thursday to two years in prison for helping her stepfather sell cocaine out of his house. Monica Garcia, 24, admitted using her position as a police officer to help him avoid being caught, including running license plates through a police database to figure out which ones belonged to undercover officers. But her stepfather still managed to make a sale to a snitch, leading to his arrest and conviction and subsequently to her arrest and conviction. She copped to one count of conspiracy to maintain a drug-involved house.

Fed Judge Rules for Opioid Distributors in WV Lawsuit, CA Kills Marijuana Cultivator Tax, More... (7/5/22)

A Washington state county commissioner demonstrates her cluelessness about harm reduction, Senate drug warriors file the END FENTANYL Act, and more.

pain pills (Creative Commons)
Marijuana Policy

California Governor Signs Bill Ending Cultivation Tax on Marijuana Growers. Gov. Gavin Newsom (D) has signed into law Assembly Bill 195, a wide-ranging bill to restructure the state's legal marijuana system whose most striking feature is the removal of the wholesale tax on marijuana growers. The aim of the bill is to provide relief to the struggling industry and further erode the marijuana black market. The bill also shifts collection of the state's 15 percent excise tax from the distributor level to the retail level, and it freezes the excise tax for at least the next three years. Aiming at unlicensed operators, the bill allows for fines of up to $10,000 per day for property managers who knowingly rent or lease space to unlicensed marijuana businesses. It also includes $40 million in tax credits, half for equity operators and half for microbusinesses. Social equity operators will also be eligible for a $10,000 tax credit and will be able to keep 20 percent of excise tax revenues for reinvesting in their businesses.

Opiates and Opioids

Bipartisan Group of Senate Drug Warriors File END FENTANYL Bill. Sens. Rick Scott (R-FL), Mike Braun (R-IN), Diane Feinstein (D-CA), and Maggie Hassan (D-NH) have filed the cutely-acronymed Eradicating Narcotic Drugs and Formulating New Tools to Address National Yearly Losses of Life (END FENTANYL) Act (Senate Bill 4440). The bill would require the Commissioner of US Customs and Border Protection (CBP) to update its policies at least once every three years to ensure drug interdiction guidance is up to date. The legislation was prompted by a 2019 GAO report, Land Ports of Entry: CBP Should Update Policies and Enhance Analysis of Inspections, which found drug interdiction guidance has not been updated in 20 years. Scott used a press release about the bill to slam President Biden for his "failed open border policies" even though DEA figures show that 80 percent of fentanyl comes through ports of entry, not in the backpacks of refugees, asylum seekers, and undocumented border crossers.

Federal Judge Rules for Opioid Distributors in West Virginia Lawsuit. A federal judge ruled against West Virginia plaintiffs in a lawsuit seeking damages from three major drug distributors who they accused of causing a public health crisis by distributing 81 million pills in eight years in one county hard hit by opioid addiction. Cabell County and the city of Huntington had sued AmerisourceBergen Drug Company, Cardinal Health, and McKesson Corp.

Plaintiffs argued that the companies sent a "tsunami" of prescription pain pills into the county and that their conduct was unreasonable, reckless, and disregarded the public health. "The opioid crisis has taken a considerable toll on the citizens of Cabell County and the City of Huntington. And while there is a natural tendency to assign blame in such cases, they must be decided not based on sympathy, but on the facts and the law," US District Judge David Faber wrote in the 184-page ruling. "In view of the court's findings and conclusions, the court finds that judgment should be entered in defendants' favor. Plaintiffs failed to show that the volume of prescription opioids distributed in Cabell/Huntington was because of unreasonable conduct on the part of defendants," Faber wrote, noting that the plaintiffs supplied no evidence that the companies distributed opioids to any entity that was not properly registered with the DEA or the state Board of Pharmacy. The city and the county had sought more than $2.5 billion that would have gone toward opioid efforts. The goal of the 15-year abatement plan would have been to reduce overdoses,

Harm Reduction

WA County Commissioner Fears "Normalization" of Naloxone. Amanda McKinney, a Republican Yakima County Commissioner, is concerned that the use of the opioid overdose reversal drug naloxone will be "normalized." She was responding to a presentation by the Board of Health about the increase in drug overdose deaths and the district's overdose awareness campaign, but zeroed in on one sentence: Among the goals of the campaign was "Increase awareness and education about the benefits of naloxone to normalize its use."

That set off McKinney: I'm really concerned about that last slide where it says normalize use. I would really like for us to expand on what that means," McKinney said. "I'm just wondering if there is a better term than normalize, 'cuz normalize to me means we're accepting this and promoting this as part of our daily lives and I think that that word is inappropriate."

Apparently unfamiliar with the notion of harm reduction, she also questioned the effectiveness of needle exchanges and fentanyl test strips. "I'd really like to know what the effectiveness is of fentanyl testing strips and syringe exchange services for actually successfully getting people off and away from being someone who is a habitual drug user," McKinney said. "I question those methods as being methods that are successful in getting people actually off the drugs." Following McKinney's comments, Health District Director Andre Fresco explained that harm reduction's primary goal is not to end drug use, but to save lives, and added that the district is involved in efforts to get people off drugs.

Another Push for the SAFE Banking Act, NJ Magic Mushroom Legalization Bill Filed, More... (7/1/22)

The Ohio Supreme Court rejects a police backpack search for marijuana, the Massachusetts Senate has approved an asset forfeiture reform bill, and more.

Psilocybin mushrooms. It could be legal to grow, possess, and share them under a New Jersey bill. (Creative Commons)
Marijuana Policy

Bipartisan Lawmakers File Marijuana Banking Amendment to Must-Pass Defense Bill in Latest Reform Push. Led by Rep. Ed Perlmutter (D-OR), sponsor of the House-passed version of the Secure and Fair Enforcement (SAFE) Banking Act (HR 1996), a bipartisan group of lawmakers are pushing an amendment to the FY 2023 National Defense Authorization Act to attach that legislation to the must-pass bill. This is the second year Perlmutter has tried to get the SAFE Banking Act language into the defense spending bill. Passage of the bill in the Senate has been stymied by Majority Leader Charles Schumer (D-NY), who has been blocking the incremental bill as he continues to push for a full-scale marijuana legalization bill. Perlmutter's amendment will be taken up in the House Rules Committee, and if approved as part of the spending bill in the House, would be subject to conference committee approval with Senate leaders.

Ohio Supreme Court Finds Marijuana Backpack Search Unconstitutional. In a unanimous decision, the state Supreme Court has thrown out the conviction of a woman for marijuana possession, ruling that a warrantless search of her backpack in her home violated the Fourth Amendment's protection against warrantless searches. Police came to the woman's home with an unrelated arrest warrant and searched her backpack while she was already handcuffed and sitting in a patrol car. They found 391 grams of mostly marijuana edibles and charged her with felony marijuana possession. Police and prosecutors argued that they had the right to search the backpack for weapons, but the justices held there was no rationale for a weapons search once the woman was detained. Police and prosecutors also argued that a bit of plastic baggie protruding from the backpack justified the search, but the justices rejected that as well. "When police search a bookbag in a home under circumstances that do not give rise to any exigency, they must follow the command of the Fourth Amendment: get a warrant," wrote Justice Patrick DeWine. The case goes back to lower courts for reconsideration.

Psychedelics

New Jersey Senate President Files Bill to Legalize Magic Mushrooms for Personal Use. Senate President Nicholas Scutari (D) has filed a bill, Senate Bill 2934, that would allow people 21 and over to "possess, store, use, ingest, inhale, process, transport, deliver without consideration, or distribute without consideration, four grams or less of psilocybin," the psychedelic compound in magic mushrooms. People could legally grow, cultivate, or process the mushrooms capable of producing psilocybin on private property. The bill would also expunge past criminal offenses for magic mushrooms. "This bill is a recognition of evolving science related to psilocybin and its medical uses related to mental health, and if science can provide relief in any fashion with this natural substance under a controlled environment then we should encourage this science," Scutari said. In 2021, Gov. Phil Murphy signed a bill downgrading psilocybin possession from a third-degree crime to disorderly persons offense with a maximum $1,000 fine and up to six months in jail.

Asset Forfeiture

Massachusetts Senate Passes Bill to Reform Civil Asset Forfeiture. The state Senate on Thursday approved a bill that would raise the evidentiary standard for prosecutors to be able to pursue civil asset forfeiture. The bill, Senate Bill 2671, would raise the standard from the lowest legal standard -- probable cause -- to the "preponderance of evidence." The bill also bars asset forfeiture prosecutions for less than $250 and provides the right to counsel for indigent people in asset forfeiture cases. "We view ourselves as a socially progressive state with strong protection for civil liberties. But our current laws on civil asset forfeiture are anything but, and reforming in this area is long overdue," said Senate Majority Leader Cynthia Creem (D-Newton), lead sponsor of the bill.

Supreme Court Sides with Inmate in Crack Cocaine Resentencing Case [FEATURE]

In a Monday decision little-noticed amidst the rising clamor over recent Supreme Court decisions on guns, abortion, and religion, the highest court in the land ruled in favor of a federal crack cocaine prisoner seeking a sentence reduction under the terms of the 2018 First Step Act. The ruling could affect thousands of other mostly Black inmates sentenced under the nation's harsh crack cocaine laws.

Justice Sonia Sotomayor writes for the majority. (Creative Commons)
During the crack panic of the 1980s, Congress passed legislation creating a 100:1 disparity in the weight of the drug required to trigger a mandatory minimum federal prison sentence. Confronted with the increasingly unassailable evidence that the sentencing disparity was neither scientifically justified nor racially neutral -- nearly 80 percent of federal crack prosecutions targeted Black people by 2009 -- Congress in 2010 passed the Fair Sentencing Act, which reduced but did not eliminate the weight disparity, setting it at 18:1.

The Fair Sentencing Act provided relief to people sentenced after its passage, but it was not retroactive, meaning people sentenced under the old standard still had to do those harsh sentences. In order to address that oversight and reduce racial inequities, Congress in 2018 passed the First Step Act, making those sentencing changes retroactive and opening the door for people sentenced under the old law to seek resentencing.

The case in question, Concepcion v. United States, began when Carlos Concepcion pleaded guilty to selling crack in 2009 and was sentenced to 19 years in prison based on the 100:1 sentencing disparity in effect at the time. After passage of the First Step Act and having already served a decade of his sentence, Concepcion filed for a reduced sentence. Part of his argument was that he was no longer considered a "career offender" subject to harsher sentencing because of changes in the federal sentencing guidelines unrelated to the First Step Act.

Without that "career offender" designation, Concepcion would have been a free man after serving just less than six years [Ed: six years is itself a very long time], but a Massachusetts federal district court judge declined to consider factors unrelated to the First Step Act and denied his resentencing request. That denial was upheld by the 1st US Circuit Court in Boston, and Concepcion and his attorneys then appealed to the Supreme Court, which ruled in his favor in a 5-4 decision.

The majority on the court was an odd one, consisting of the three liberal justices -- Stephen Breyer, Elena Kagan, and Sonia Sotomayor -- joined by hard conservative justices Neil Gorsuch and Clarence Thomas. Sotomayor wrote the opinion.

In it, she argued that judges enjoy broad discretion at sentencing and that discretion continues in any later proceedings that may change the sentence.

"Federal courts historically have exercised broad discretion to consider all relevant information at an initial sentencing hearing, consistent with their responsibility to sentence the whole person before them," she wrote. "That discretion also carries forward to later proceedings that may modify an original sentence. District courts' discretion is bounded only when Congress or the Constitution expressly limits the type of information a district court may consider in modifying a sentence."

There is nothing in the First Step Act that limits that discretion, she added.

"Nothing in the text and structure of the First Step Act expressly, or even implicitly, overcomes the established tradition of district courts' sentencing discretion," she wrote. "The text of the First Step Act does not so much as hint that district courts are prohibited from considering evidence of rehabilitation, disciplinary infractions, or unrelated Guidelines changes. The only two limitations on district courts' discretion appear in §404(c): A district court may not consider a First Step Act motion if the movant's sentence was already reduced under the Fair Sentencing Act or if the court considered and rejected a motion under the First Step Act. Neither limitation applies here."

In a dissenting opinion, Justice Brett Kavanaugh argued that the First Step Act only authorized judges to cut sentences related to changes in the crack sentencing ranges, but not unrelated factors.

"Congress enacted the First Step Act to provide a targeted retroactive reduction in crack-cocaine sentencing ranges, not to unleash a sentencing free-for-all in the lower courts," Kavanaugh wrote.

But that was the minority opinion. And if reducing unduly harsh crack cocaine sentences that were based on panic and prejudice is "a sentencing free-for-all," that would be a small price to pay for some restorative justice.

Supreme Court Rules for Crack Prisoners, CO Psychedelic Initiative Campaign Hands in Signatures, More... (6/28/22)

A major Swiss bank gets convicted of cocaine money laundering, a House committee wants a GAO report on federal psilocybin policy, and more.

Something good came out of the US Supreme Court on Monday. (Pixabay)
Psychedelics

House Appropriations Committee Calls for Review of Federal Psilocybin Policy. In reports accompanying new spending bills, the leaders of the House Appropriations Committee are calling for a federal review of psilocybin policy, as well as letting researchers study marijuana from dispensaries and using hemp as an alternative to Chinese plastics. The report for the spending bill for Commerce, Justice, Science and Related Agencies calls for the Government Accountability Office (GAO) to analyze barriers to state, local, and tribal programs using psilocybin. The committee said the GAO should study the impact of federal drug prohibition in jurisdictions that allow psilocybin. The call comes as a psilocybin reform movement is gaining momentum across the country.

Colorado Activists Turn in Signatures for Psychedelic Initiative. The Natural Medicine Colorado campaign, the group behind an initiative to legalize psychedelics and create licensed psilocybin "healing centers," announced Monday that it had turned in 222,648 raw signatures. The campaign only needs 124,632 valid voter signatures, and this cushion of nearly 80,000 excess raw signatures suggests that the initiative will qualify for the November ballot. The measure would legalize the possession, use, cultivation, and sharing of psilocybin, ibogaine, mescaline (not derived from peyote), DMT, and psilocyn for people 21 and over. It does not set specific possession limits, nor does it envision recreational sales. The measure would also place responsibility for developing rules for a therapeutic psilocybin with the Department of Regulatory Agencies.

Drug Policy

At Oversight Hearing, Director of National Drug Control Policy Highlighted Biden-Harris Administration's Commitment to Tackling Overdose and Addiction Crisis. On Monday, Rep. Carolyn B. Maloney, Chairwoman of the Committee on Oversight and Reform, held a hearing with Dr. Rahul Gupta, Director of the Office of National Drug Control Policy (ONDCP -- the drug czar's office), to examine the federal government's response to the overdose and addiction crisis, including the Biden-Harris Administration's 2022 National Drug Control Strategy.

During the hearing, Director Gupta highlighted illicit drug seizures at the southern border and disruption of drug trafficking across the US; the need to expand treatment services; steps such as telehealth services to expand access to care for people in underserved communities; and overdose prevention efforts funded by the bipartisan Restoring Hope for Mental Health and Well-Being Act of 2022. Gupta and committee members also highlighted Chairwoman Maloney's Comprehensive Addiction Resources Emergency (CARE) Act.

Supreme Court Rules Judges Can Weigh New Factors in Crack Cocaine Cases. The Supreme Court ruled Monday that the First Step Act allows district court judges to consider post-sentencing changes in law or fact in deciding whether to re-sentence people convicted under the harsh crack cocaine laws of the past.

While the penalties are still harsh, they are not quite as much as they were prior to passage of the 2010 Fair Sentencing Act, which reduced the ratio of quantity triggers for the worst sentences for powder vs. crack cocaine from 100:1 to 18:1. The First Step Act made those sentencing changes retroactive, giving prisoners the chance to seek reduced sentences. The decision was 5-4, with conservative Justices Clarence Thomas and Neil Gorsuch joining the court's liberal minority in the opinion.

The case is Concepcion v. United States, in which Carlos Concepcion was sentenced to 19 years for a crack offense in 2009, a year before passage of the Fair Sentencing Act. He sought resentencing "as if" the Fair Sentencing Act provisions "were in effect at the time the covered offense was committed." That is proper, Justice Sonia Sotomayor wrote in the majority opinion: "It is only when Congress or the Constitution limits the scope of information that a district court may consider in deciding whether, and to what extent, to modify a sentence, that a district court's discretion to consider information is restrained. Nothing in the First Step Act contains such a limitation."

International

Swiss Court Convicts Credit Suisse of Cocaine Money-Laundering. The Swiss Federal Criminal Court has found the bank Credit Suisse guilty of failing to prevent money-laundering by a Bulgarian cocaine trafficking organization. One former bank employee was convicted of money-laundering in the case against the country's second-largest bank. The trial included testimony about murders and cash-filled suitcases. The court held that Credit Suisse demonstrated deficiencies in both the management of client relations with criminal groups and the implementation of money-laundering rules. "These deficiencies enabled the withdrawal of the criminal organization's assets, which was the basis for the conviction of the bank's former employee for qualified money laundering," the court said. Credit Suisse said it would appeal.

Supreme Court Rules in Favor of "Pill Mill" Docs, UN Human Rights Experts Call for End to Drug War, More... (6/27/22)

Drug charges account for nearly one-third of all federal criminal prosecutions, Pakistan moves toward licensing medical and industrial cannabis production, Spain moves toward medical marijuana sales, and more.

The Supreme Court holds prosecutors to a high standard on charging doctors over prescribing. (Pixabay)
Opiates and Opioids

Supreme Court Rules in Favor of Doctors Accused of Overprescribing Opioids. The Supreme Court on Monday set aside the convictions of two doctors accusing of running opioid "pill mills," making it more difficult for the government to prosecute doctors who overprescribe drugs. In seeking to distinguish between legitimate medical conduct and illegally overprescribing, the court held that prosecutors must prove beyond a reasonable doubt that the doctor knew or intended to prescribe drugs in an unauthorized manner. "We normally would not view such dispensations as inherently illegitimate; we expect, and indeed usually want, doctors to prescribe the medications that their patients need," Justice Stephen G. Breyer wrote for the court. The cases involved a doctor in Alabama whose clinic dispensed nearly 300,000 opioid prescriptions over a four-year period and a doctor who practiced in Arizona and Wyoming who operated mostly on a cash-only basis, but who also accepted property as payment, including firearms.

Sentencing Policy

US Sentencing Commission Quarterly Report Shows Drugs Remain Most Common Federal Offense. Enforcing federal drug prohibition accounts for nearly one-third of all federal criminal prosecutions, according the US Sentencing Commission's latest quarterly report. Drug offenses accounted for 32.3 percent of all prosecutions in the last two quarters, with methamphetamine accounting for nearly half (48.6 percent) of all drug offenses and fentanyl continuing to increase, now accounting for 11.8 percent of all drug offenses. Immigration was the second largest category of federal prosecutions, accounting for 26.5 percent of all federal prosecutions, followed by firearms offenses at 14.9 percent. No other federal crime category accounted for more than 10 percent of federal prosecutions. A decline in prosecutions that took place during the coronavirus pandemic has now ended, with about 5,000 federal drug prosecutions every six months.

International

UN Human Rights Experts Use International Day Against Drug Abuse and Trafficking to Call for End of War on Drugs. UN human rights experts have called on the international community to bring an end to the so-called "war on drugs"and promote drug policies that are firmly anchored in human rights. Ahead of the International Day Against Drug Abuse and Illicit Trafficking on 26 June 2022, the experts issued the following statement:

"Data and experience accumulated by UN experts have shown that the 'war on drugs' undermines health and social wellbeing and wastes public resources while failing to eradicate the demand for illegal drugs and the illegal drug market. Worse, this 'war' has engendered narco-economies at the local, national and regional levels in several instances to the detriment of national development. Such policies have far-reaching negative implications for the widest range of human rights, including the right to personal liberty, freedom from forced labor, from ill-treatment and torture, fair trial rights, the rights to health, including palliative treatment and care, right to adequate housing, freedom from discrimination, right to clean and healthy environment, right to culture and freedoms of expression, religion, assembly and association and the right to equal treatment before the law."

Click on the link above for the rest of the statement.

New Zealand Poll Shows Most Support Replacing Punitive Drug Laws with Health-Based Approach. A new poll produced by The Navigators on behalf of the NZ Drug Foundation finds that a solid majority of New Zealanders support replacing the 1975 Misuse of Drugs Act with a health-based approach. Some 68 percent of respondents favored the change. A strong majority -- 61 percent -- also favored drug decriminalization and introducing more support for education and treatment. The poll also showed that there is strong support for more funding to be provided for treatment and education (82 percent) and harm reduction initiatives like drug checking (74 percent).

Pakistan Moves to Allow Cannabis Farming for Medical and Industrial Use. The Ministry of Science and Technology will form an authority to regulate and facilitate the farming and use of cannabis, or "Bhang," as it referred to in the country. The authority will issue 15-year licenses for industrial, medical, processing, research, and development purposes. The Department of Commerce will issue licenses for cannabis exports.

Spain Moving Toward Allowing Medical Marijuana Sales in Pharmacies. A subcommittee in the Congress of Deputies has accepted a draft bill to regulate medical marijuana sales and referred the bill to the Commission on Health for a vote this week. While the proposed bill has very tight distribution rules, it is being lauded as the first step toward providing greater access. Once the bill is approved by the Health Commission, the Spanish Medicines Agency will have six months to draft appropriate regulations. The draft bill will make THC-containing flowers available by prescription for the treatment of specified illnesses and conditions.

This Week's Corrupt Cops Stories

An Iowa deputy's pill habit got way out of control, a Pennsylvania cop gets in trouble for letting a drug gang use his apartment as a stash house, and more. Let's get to it:

In Harrisburg, Pennsylvania, a Hanover Township police officer was arrested last Friday for letting a Wilkes Barre apartment he owned be used as a stash house by a drug trafficking operation with ties to Mexico. Officer Kevin Davis is related by marriage to the alleged gang leader, and authorities say he assisted the group in their operations. Davis was just one of nine people busted in the operation, which netted 10 pounds of meth, 2.7 pounds of fentanyl, 10 pounds of marijuana, and $15,000 in cash. He and most of the others are charged with possession with intent to distribute, corrupt organizations, conspiracy, and criminal use of communications facility.

In Bakersfield, California, a Kern County sheriff's detention deputy was arraigned Monday for allegedly bringing meth into the jail. Deputy Elizabeth Fernandez, a 21-year veteran, was found in possession of the drug during her shift, and was charged with being under the influence of drugs, drug possession, and possession of drug paraphernalia. Sheriff's officials said it was not clear if the drugs were for her personal use or if she was trafficking to inmates.

In Los Angeles, a former Transportation Security Administration (TSA) officer pleaded guilty June 10 to smuggling what he thought was meth through LAX in return for an $8,000 bribe. Michael Williams, 39, was instead the victim of a sting by authorities who suspected him of helping smuggle drugs past checkpoints at the airport. He met with an informant to receive the fake meth in a backpack and agreed to deliver it to an accomplice past the airport's security checkpoint. Then he did so. Then he was arrested. He pleaded guilty to one count of attempted distribution of methamphetamine. He's looking at a 10-year federal mandatory minimum.

In Le Mars, Iowa, a former Plymouth County deputy was sentenced last Tuesday to a whopping 40 years in prison for burglarizing multiple homes to steal prescription drugs. Aaron Leusink, 43, who served as a Drug Abuse Resistance Education (DARE) officer, had pleaded guilty in April to 11 charges, including burglary, felonious misconduct in office, unlawful drug possession, and theft. Leusink went down after investigators viewing body camera footage of a possible "on the job inappropriate relationship" in an unrelated matter instead found footage of him breaking into a home and stealing prescription pills. A subsequent search of his home turned up more than 1,600 pills, many which appeared to come from the department evidence locker and others that linked him to five unsolved pharmacy burglaries. At his sentencing, Leusink told the judge he had become addicted to painkillers after surgery.

This Week's Corrupt Cops Stories

A New Mexico cop gets popped for using drugs to lure potential mates, a Texas deputy partied too hearty, a Minneapolis cop goes away for stealing drugs during bogus traffic stops, and more. Let's get to it:

In Gadsden, Alabama, a Marshall County sheriff's jail guard was arrested June 2 for smuggling meth into the jail. Corrections Officer David Lowe went down after an internal investigation uncovered small amounts of meth and marijuana, and is charged with first-, second-, and third-degree promoting prison contraband and two counts of possession of a controlled substance (methamphetamine).

In Meridian, Mississippi, an East Mississippi Correctional Facility officer was arrested June 1 for trying to smuggle marijuana into the jail. Guard Jashati Amore Alford was caught bringing five pounds (!) of weed into the jail. She is charged with attempting to introduce contraband into a correctional facility, and was last reported residing at her former place of employment until she made bail.

In Sulphur Springs, Texas, a Van Zandt County sheriff's deputy was arrested last Saturday on drug-related charges after he was found unconscious on the floor of a metal shop with a meth pipe and a subsequent search of his home uncovered a substantial dope stash. Deputy Jon Phillips claimed all the drugs found were evidence, but he never logged them in anywhere. His stash included 209 grams of liquid meth, two grams of crystal meth, 70 units of liquid in a hypodermic syringe believed to be meth, 28 ounces of marijuana, and under a half-gram of cocaine. He is charged with possession of less than 400 grams of a controlled substance, possession of less than one gram of a controlled substance

In Albuquerque, a former New Mexico state police officer was convicted last Monday of dealing drugs to teens while he was on the force. Daniel Capehart went down in a 2018 sting operation where he offered marijuana to someone he thought was a teenage girl in exchange for photos of her. Subsequent investigation revealed that he was stealing drugs seized during arrests and given them to women he was attracted to, including a 16-year-old girl. He is looking at a mandatory minimum five years in prison, but prosecutors are asking for eight.

In Minneapolis, a former Minneapolis police officer was sentenced last Wednesday to more than three years in prison for stealing drugs from people during bogus traffic stops. Ty Jindra, 29, was convicted last November of stealing Tramadol, methamphetamine, and oxycodone from people he had stopped—one for a tag violation and one a group of teens who rolled through a stop sign—and then conducted unlawful searches, confiscating the drugs for his own use. That garnered him two civil rights violations for the illegal searches. Tindra admitted to developing a dependence on Xanax and then moving on to street drugs. 

Germany Takes First Steps Toward Legal Weed, Australia's NSW AG Calls for Drug Decriminalization, More... (6/13/22)

Brazil's annual march for marijuana is back, a bill legalizing medical marijuana just landed in the Ukrainian parliament, and more.

Up to a gram of cocaine (and other drugs) could be decriminalized in Australia's New South Wales. (Pixabay)
International

Australia's New South Wales Attorney General Proposes Drug Decriminalization. Saying that the state's drug policies are "clearly not working," New South Wales Attorney General Mark Spearman has proposed decriminalizing the possession of small amounts of illicit drugs. Reports list a threshold of one gram for amphetamines, cocaine, and methamphetamine, as well as threshold amounts for Ecstasy, ketamine, and LSD, but not for opiates. It is unclear if opiates will be decriminalized as well. Under the proposal, police would the discretion to issue up to two fines to an individual, with the fine waived if the person undertakes counseling or some other health intervention. The move comes just days after the Australiana Capital Territory (Canberra) announced it was moving to decriminalization. The proposal comes more than two years after a special commission on methamphetamine addiction issued a report  calling for reforms, but the state government had yet to act on that report—until now.

Brazilians March for Marijuana Legalization. After a two-year hiatus because of the coronavirus pandemic, Brazil's annual "Marcha da Macohna" (March for Marijuana) returned over the weekend, with hundreds of people marching in Sao Paulo. Marijuana has been decriminalized since 2006, but remains illegal and use is allowed only for medical reasons. "We really need to have marijuana legalized because that way it will be accessible to anyone. It's not fair for a child to have 80 seizures a day and not have access to the treatment because the family can't pay for the treatment with cannabidiol. They don't have access to it, said demonstrator Barbara Gael. "Yes, legalize it, because all uses are medicinal, even smoking for those who have pain, for example, will relieve the pain. It’s past time to legalize. We’re way behind on this, it’s fundamental."

Germany Moves Toward Marijuana Legalization. The Health Ministry announced Monday that it will begin a series of expert hearings on marijuana legalization beginning Tuesday. Chancellor Olaf Scholz's government has promised to enact legalization, and the hearings will see more than 200 witnesses from the fields of law and medicine, as well as officials from various levels of government and international experts. Health Minister Karl Lauterbach said he planned to draw up legislation in the second half of the year, after the hearings finish up.

Ukraine Medical Marijuana Bill Goes to Parliament. The executive branch has filed a medical marijuana bill, No. 7457, with the Verkhovna Rada, the Ukrainian parliament. The draft law regulates marijuana for medical, industrial, scientific, and technical purposes in order to create conditions for expanding patient access to the plant, including for post-traumatic stress disorders linked to the Russian invasion of the country. The bill does not legalize marijuana for recreational use. 

Australian Capital Territory Decriminalizes Drug Possession, Malaysia Ends Mandatory Death Penalties, More... (6/10/22)

The State Department is looking for drones to spray Colombian coca crops, Thailand begins handing out a million marijuana plants, and more.

A Colombian coca farmer. Are drones coming for his crop? (DEAmuseum.org)
Foreign Policy

US Wants to Use Drones to Kill Coca Plants in Colombia. The State Department is looking for drones to use to spray herbicides on farmers' coca crops, a newly released request on a government website reveals. "The Department of State, INL Bogota, has a requirement to purchase spray UAV systems to support eradication operations throughout Colombia," the request reads. The program would be under the control of the Colombian National Police. The State Department says drones would lessen threats to personnel involved in coca eradication in the country, one of the world's top cocaine producers. "Coca cultivation in Colombia remains at record highs and eradication operations in Colombia remain dangerous. INL Bogota is seeking to bolster the CNP’s capability to increase the coca eradication rates and minimize the risk for police personnel in the field."

International

Australian Capital Territory to Decriminalize Drug Possession. The government of the Australian Capital Territory (Canberra) announced Thursday that it will decriminalize the possession of small amounts of illicit drugs, including cocaine, heroin, MDMA, and methamphetamine. It will become the first jurisdiction in the country to do so. Under the new law, people in possession of less than the threshold amounts of the drugs will be fined, but not arrested. Some, though, can have their fines waived if they attend an informative session on harm reduction or enter drug treatment. "We know from research and evidence around the world that criminalizing drug users does not reduce drug use and that treating drug addiction as a health issue improves outcomes for everyone in the community," said ACT Health Minister Rachel Stephen-Smith.

Malaysia to Abolish Mandatory Death Penalty, Including for Drug Offenses. The Malaysian government said Friday it will end the mandatory death penalty for various offenses, including drug offenses, and replace it with "alternative punishments" at the discretion of judges. "This shows the government's emphasis on ensuring that the rights of all parties are protected and guaranteed, reflecting the transparency of the country's leadership in improving the criminal justice system," Law Minister Wan Junaidi Tuanku Jaafar said. The country had declared a moratorium on executions in 2018 but laws imposing the mandatory death sentence remained and courts were required to impose those sentences on convicted drug traffickers. The country currently has more than 1,350 under death sentences, including 925 convicted of drug-related offenses. More than 500 of those under death sentences are foreigners.

Thailand Begins Distributing a Million Marijuana Plants. Health Minister Anutin Charnvirakulkicked off a marijuana plant giveaway in Bangkok Friday, handing out the first hundred seedlings of what is planned to be a million-plant distribution. The giveaway is designed to encourage marijuana production, which government officials say will help low-income farmers, especially in the northeast. Charnvirakul was cheered by a crowd of thousands as he took credit for legalizing marijuana. The government insists that, officially, only medical marijuana has been legalized, but there are no plans to monitor small-scale cultivation. 

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