Senate Majority Leader Schumer is trying to get some movement on marijuana legislation, a psilocybin research bill advances in Arizona, and more.

Marijuana Policy

Schumer Meets with Senate Republicans to Discuss Marijuana Legislation. After meeting earlier this month with key Senate Democrats to discuss how to move forward with marijuana legislation, Senate Majority Leader Chuck Schumer (D-NY) met Tuesday with three Republican senators, Steve Daines (R-MT), Rand Paul (R-KY) and Dan Sullivan (R-AK) in a bid to find bipartisan consensus. Access to financial services for the industry was a central point of discussion, and advocates are calling for passage of "SAFE Plus," which would include banking reforms as well as some social equity provisions. The Republicans with whom Schumer met were all cosponsors of Secure and Fair Enforcement (SAFE) Banking Act in the last Congress.

Louisiana Marijuana Legalization Bills Prefiled. Rep. Candace Newell (D) has prefiled a package of bills that would legalize marijuana. House Bill 17would allow the Department of Agriculture to manage and issue 10 cultivation and processing licenses and 40 permits for retail dispensaries. House Bill 24 would decriminalize cannabis possession and distribution. House Bill 12, which has yet to be prefiled, will take on taxation. Newell has filed legalization bills in two previous sessions, but split up the legislation this time around: "I’ve separated the three bills. It’s legalization, regulation, and taxation. So each bill does its own thing," Newell said.

Texas Bill Would Allow Localities to Legalize Marijuana. Rep. Jessica Gonzalez (D) has filed House Bill 1937, which would allow cities and counties to legalize up to 2.5 ounces of marijuana in their jurisdictions and tax marijuana sales at 10 percent. The bill faces cloudy prospects in the Republican-dominated legislature and an almost certain veto by Gov. Greg Abbott (R).

Virginia House Republicans Kill Marijuana Sales Bill. Republican members of the House General Laws Subcommittee voted Tuesday to kill Senate Bill 1133, which would have allowed the state to begin issuing marijuana cultivation licenses this July and  retail licenses in July 2004. The bill had passed the Senate with bipartisan support, but died in the subcommittee on a party line 5-3 vote. In 2021, a then Democratically-controlled legislature legalized marijuana and called for retail sales to begin by January 1, 2024, but the now Republican-dominated House has refused to pass enabling regulatory legislation.

Psychedelics

Arizona Psilocybin Research Bill Wins Committee Vote. The House Military Affairs and Public Safety Committee unanimously approved a bill to promote research into the possible medical uses of psilocybin mushrooms, House Bill 2486. The bill would provide $30 million in grants for research to study the effect of psilocybin on 13 specified conditions, including PTSD, depression, anxiety, substance misuse, and long COVID. Researchers would be working with whole psilocybin mushrooms.

Drug Policy                                                                                 

Federal Bill to Punish Accused Border Drug, Human Traffickers Filed. Borrowing a page from the 1980s drug prohibitionist playbook, Sen. Marsha Blackburn (R-TN) is rolling out a bill that would deny accused drug or human traffickers access to welfare, public housing, and other federal benefits. Blackburn's Stop Taxpayer Funding of Traffickers Act would "prohibit anyone charged with drug or human trafficking at our international borders or in our territorial waters from receiving federal government benefits," including Social Security. The bill also contains a provision allowing for people who are found not guilty to receive any back payments that had been blocked.

International

Irish Government Creates Citizens' Assembly on Drugs to Examine Drug Policy. The government has approved a people's consultative body to conduct a thorough examination of Irish drug policies within a nine-month timeframe. "The Citizens’ Assembly will be asked to consider the legislative, policy, and operational changes the State could make to significantly reduce the harmful impacts of illicit drugs on individuals, families, communities, and wider society," the government said. The assembly will examine both Irish and international approaches to drug use and supply, as well as analyzing the operations of state agencies, including health, law enforcement, education, housing, and social welfare.  

That Minnesota marijuana legalization bill continues to advance, the city of Amsterdam is banning outdoor pot smoking in its red light district, and more.

Marijuana Policy

Minnesota Marijuana Legalization Wins Yet Another Committee Vote. The effort to legalize marijuana continued its long march through the legislative committee process Thursday with the Senate Environment, Climate and Legacy Committee approving the Senate version of the bill, Senate File 73. That is the fifth Senate committee to advance the bill. The House version of the bill is also moving, having passed through seven committees already. This means the bill is roughly two-thirds of the way through committee votes, with a total of 18 anticipated before it heads for floor votes.

Asset Forfeiture

Texas Bill Would Reform State Asset Forfeiture Process and Take Step to Opt Out of Federal Program. Rep. Terry Canales (D) has introduced a modest reform of the state's civil asset forfeiture laws, House Bil1714. The bill does not abolish civil asset forfeiture, but raises the burden of proof on prosecutors from "a preponderance of the evidence" to "clear and convincing evidence." Passage of the bill would also take a big step toward opting Texas out of a federal program that allows state and local police to get around more strict state asset forfeiture laws. The bill says: "A law enforcement agency or attorney representing the state may not directly or indirectly transfer seized property to any federal law enforcement authority or other federal agency and may not coordinate with the authority or agency regarding seized property unless" the value of the seized property exceeds $50,000 and the crime committed is "interstate in nature." The bill has yet to be referred to a committee.

Drug Policy

American Society of Addiction Medicine Calls for Drug Decriminalization. The American Society of Addiction Medicine (ASAM), which has historically aligned itself with prohibitionists and resisted modest marijuana reforms, is now calling for drug decriminalization. Citing "structural racism and stigma that are entrenched in US drug policy," ASAM issued a policy statement Thursday that said the group "supports shifting the nation’s response to personal substance use away from assumptions of criminality towards health and wellness. Policymakers should eliminate criminal and onerous civil penalties for drug and drug paraphernalia possession for personal use as part of a larger set of related public health and legal reforms designed to improve carefully selected outcomes. In the interest of harm reduction, policymakers should also eliminate criminal penalties for the manufacture and delivery of drug paraphernalia."

International

Amsterdam to Ban Pot Smoking on the Street in Red Light District. As part of a package of rules aimed at cracking down on noisy tourists who have drawn repeated complaints by residents, the city will ban pot smoking on the streets of its red light district beginning in May. "This should reduce the nuisance caused by drug use in public spaces, particularly by tourists," Mayor Femke Halsema said. The mayor said residents had been "excessively bothered" by crowds and nuisances related to mass tourism in the district. The new rules also mandate that brothels close by 3 a.m. and that bars close by 2 a.m. People will still be able to smoke pot outside on the patios of the city's famous coffeeshops. 

A small-town Pennsylvania police chief was slinging dope, so was an Ohio narcotics detective, and more. Let's get to it:

In Greenburg, Pennsylvania, the Greenburg police chief was arrested January 25 for helping to distribute cocaine, meth, and other drugs. Chief Shawn Denning, 41, allegedly peddled dope for a 16-month period from June 2021 to October 2022 and went down after DEA investigators used an informant to collect evidence against him. Denning repeatedly hooked up the informant with drug suppliers he knew in California and the informant repeatedly successfully scored ounces of cocaine, among other drugs. Denning now faces six federal counts of drug distribution-related charges, and he is no longer the chief. 

In Cleveland, Ohio, a state prison guard was arrested January 30 for smuggling methamphetamine and other drugs into the Lorain Correctional Institution. Guard Daryl Gus, 35, went down after the prison officials tipped the DEA that they had listened to an inmate's phone calls and heard him directing people to deliver drugs to Gus. The DEA then joined the investigation, searching Gus's phone records and financial activities, and finding sufficient evidence to arrest him on a federal charge of conspiring to distribute drugs.

In San Diego, a San Diego sheriff's deputy was arrested last Friday after suspected cocaine was located inside his vehicle on jail property. Deputy Allen Wereski, 48, went down after his coworkers discovered "suspected cocaine" inside his car. He was suspended without pay, as well as being jailed on $25,000 bail for count of bringing a controlled substance to a correctional facility. 

In Columbus, Ohio, a former Columbus narcotics officer was sentenced last Friday to nine years in federal prison for trafficking more than eight kilograms of drugs, including cocaine and fentanyl. Marco Merino, 45, had pleaded guilty a year ago to accepting bribes and conspiracy to distribute fentanyl. Merino and former officer John Kotchkoski dealt drugs together as narcotics detectives. Kotchkoski pleaded guilty in April to a single count of fentanyl trafficking and awaits sentencing. The pair went down after trying to sell eight kilos of fentanyl to a man they thought was a snitch but who was actually an undercover FBI agent.

 

 

The Riders Come Out at Night: Brutality, Corruption, and Cover-Up in Oaklandby Ali Winston & Darwin Bondgraham (2023, Atria Books, 467 pp., $30 HB)

The killing of Tyre Daniels by Memphis police officers who were members of an aggressive anti-crime unit has reignited longstanding public concerns about police brutality and, more broadly, police culture. How is it that American police generate an Eric Garner, a Philandro Castile, a Breonna Taylor, a George Floyd, a Tyre Daniels, another dead person of color and another, on a regular basis?

As the brief list above suggests, and as the massive wave of protests in towns and cities across the land in the wake of the George Floyd killing confirms, thuggish, sometimes murderous cops are not just a Memphis problem. Almost every big city police department has its own legacy of scandalous brutality, much of it linked to the enforcement of drug prohibition. Oakland, California, is no exception.

In the case of the gritty East Bay city, it was the Riders scandal two decades ago that was so outrageous it generated mass protests, a criminal trial of the police involved, and a successful civil lawsuit that resulted in the Oakland Police Department force to operate under the supervision of a federal judge enforcing a consent decree.

In The Riders Come Out at Night, veteran investigative journalists Ali Winston and Darwin Bondgrahm use the Riders scandal as the fulcrum with which they pry open the inner workings of a police department long notorious for corruption and brutality. It's a tale not just of cop acting like criminals but also of a departmental culture more interesting in protecting its own than protecting the citizenry and elected officials more interested in playing "tough on crime" politics than ensuring that the police do not abuse the public.

Like the Memphis SCORPION unit now under the spotlight, the Riders were a specialized crime-fighting unit, celebrated for their aggressive tactics against drug dealers and other scofflaws and held up as an example for incoming rookie officers. A growing pile of police brutality complaints vanished into the police bureaucracy that was supposed to address them, and it took one of those rookie officers, sickened by what he was witnessing from his trainers, to finally bring the scandal into the open.

When it broke, it broke big, with four of the Riders eventually going to trial for the assaults and other crimes they committed (one of them fled and remains a fugitive to this day), only to escape criminal punishment after being vigorously defended by lawyers paid for by the police union. But they and the department could not escape a civil lawsuit filed on behalf of 119 Oakland residents that resulted in a federal consent decree forcing the department into oversight by a federal judge. That was 2003. The department remains under that consent decree to this day because it has been unable or unwilling to make the reforms necessary to satisfy the judge.

Since that 2003 consent decree went into effect, the Oakland PD has suffered renewed scandals on a regular basis, ranging from run of the mill police killings to the killing of four Oakland cops by one man in an incident that laid bare deficiencies in police training to the scandal around Oakland (and other) cops having sex with a troubled teen. And then there was the killing of Oscar Grant at the Fruitvale BART station—not by an Oakland cop but by a BART officer—and the Oakland Police's thuggish response to protests around that killing. And the spying on and attacks on Occupy protestors in 2011.

And on and on. It's as if the Oakland Police is a recidivist organization. The authors describe a culture within the department that has been historically racist, sexist, and anti-worker, dating back to anti-Chinese policing in the late 1800s, the Ku Klux Klan presence in the force in the 1920s, and the violent suppression of strikes in the 1930s. It bashed hippies in the 1960s and terrorized black Oaklanders in the 1980s and 1990s as it prosecuted the war on drugs.

It also generated a decades-long resistance movement, often led by the families of the people the department killed that has managed to impose reforms. And it eventually inspired the consent decree under which the department still labors, but it's always two steps forward, one step back.

As they examine this sordid history, Winston and Bondgraham concede that the department has changed, become less deadly and more transparent, and even occasionally capable of punishing miscreants within the ranks. But they argue that the transformations necessary to civilize policing in Oakland (and elsewhere) are greater than the institution of the police:

Whether policing in Oakland will ever get to the point where most people can agree it has been fundamentally transformed—no longer anything like the institution the Riders thrived in, no longer the force that terrorized Black Oakland after World War II and well into the 2000s—depends very much on whether there are broader societal shifts. So long as Oakland and the rest of America is riven by extreme race and class inequalities and the power of the federal government is not brought to repair the economies of destitute cities and rural areas, and deal with the intergenerational trauma that leads to despair and hopelessness, then it's very likely the police will continue serving more or less the same function they have for well over half a century: containing and repressing the symptoms of broader social problems through violence.

The Riders Come Out at Nightis thoroughly researched, compellingly written, and eye-opening. It is also an achingly timely examination of the role of police in society and how we figure out who will guard us from the guardians. This is a real contribution to the literature of policing in America, and it does not paint a pretty picture.