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Senate Democrats File Marijuana Legalization Bill, Bipartisan Psychedelics for Terminally Ill Bill Filed, More... (7/21/22)

Singapore is set to hang a drug offender today, Sensators Cory Booker (D-NJ) and Rand Paul (R-KY) filed a bill to allow the terminally ill to use certain psychedelics, and more.

Marijuana Policy

Senate Leadership Introduces Legislation to End Federal Marijuana Prohibition. Senate Majority Leader Chuck Schumer (D-NY), along with Sen. Cory Booker (D-NJ) and Sen. Ron Wyden (D-OR), today introduced the Cannabis Administration and Opportunity Act (CAOA). The legislation repeals the federal criminal prohibition of marijuana, provides deference to states' cannabis policies, and establishes mechanisms to help repair the harms associated with the racially and economically disparate enforcement of prohibition. The CAOA removes marijuana from the Controlled Substances Act schedule entirely, ending the threat of federal prosecution for possession and licensed commercial activity, and allows states to implement their own cannabis policies free of federal interference. It also eliminates many problems facing regulated state cannabis markets, including lack of access to financial services, the inability to deduct standard business expenses when filing federal taxes, and the lack of uniform national regulatory standards and guidelines. The legislation also directs funding to reinvest in communities that have been disproportionately impacted by prohibition and helps improve diversity and inclusion in regulated cannabis markets. The bill's prospects in the evenly-divided Senate are unclear, at best.

Psychedelics

Senators Cory Booker, Rand Paul Introduce Bipartisan Legislation to Amend the Right to Try Act to Assist Terminally Ill Patients. US Senators Cory Booker (D-NJ) and Rand Paul (R-KY) introduced legislation Thursday to clarify that the Right to Try Act should allow terminally ill patients to have access to Schedule I drugs for which a Phase 1 clinical trial has been completed. Specifically, the Right to Try Clarification Act would remove any obstacle presented by the Controlled Substances Act with respect to Schedule I substances when they are used by doctors and patients in accordance with the federal Right to Try law. Companion legislation will be introduced in the House by Representatives Earl Blumenauer (D-OR) and Nancy Mace (R-SC).

The federal Right to Try law permits patients who have been diagnosed with life-threatening diseases or conditions, and who have exhausted all approved treatment options, access to certain treatments that have not yet received final FDA approval. In general, a drug is eligible for Right to Try use after a Phase 1 clinical trial has been completed for that drug but prior to the drug being approved or licensed by the FDA for any use. In other words, in limited conditions involving life threatening illness and for drugs that have been proven to be safe, the federal Right to Try law removes the FDA out of doctor-patient decisions and reverts regulation back to the states. Under the terms of the federal Right to Try law, states remain free to permit or prohibit Right to Try use under their own laws.

International

Singapore Set to Hang Drug Offender Today. The city-state is set to hang 64-year-old Singaporean citizen Nazeri Lajim for drug trafficking today. This would be the fifth execution since March after a long pause in hangings during the coronavirus pandemic. He was handed the death sentence in 2017, some five years after being arrested during an anti-narcotics operation. Nazeri was found with two bundles of what was analyzed to be 35.41 grams of heroin, exceeding the 15 gram legal threshold for the imposition of the death penalty.

The country is increasingly out of step with its neighbors on drug policy. Thailand legalized most forms of marijuana last month, and Indonesia and Malaysia are discussing medical marijuana. The government defended its hardline approach: "It really is incumbent upon us to present the choices in very vivid terms and persuade our people, including young people, that we have to make the right choices for them and for society," said Law and Home Affairs Minister K. Shanmugam.

Sudan Defense Lawyers Charge Political Detainees Forced to Undergo Drug Tests. The legal group Sudan's Emergency Lawyers, which defends people seeking to protest against rule by the military-dominated government, is charging that people being arrested at protests are now being subjected to unlawful drug tests. Detainees including at least 15 minors and six women were released after being beaten, assaulted and subjected to drug tests, the group said.

The lawyers said "what is really disturbing is that these people are now subjected to a drugs test," which they stressed "is completely contrary to the law". The lawyers say that those detained were not in possession of drugs and were not found in any suspicious situation that necessitates this procedure or would give authorities common cause. They pointed to the fact that any referral for examination must be made by the prosecution. "This procedure is purely criminal, it violates the rights of the detained, and it is against the principle of assumption of the accused's innocence, and completely contrary to the law. It degrades dignity and has a profound psychological impact," the lawyers added.

Rumors have been circulating that young protesters are using drugs, meth in particular, because they don't seem to show hunger or fatigue, but there has been no evidence to back up the rumors.

AZ Churches Sue Feds Over Ayahuasca Seizures, Schumer's Legalization Bill Coming Within Days, More... (7/20/22)

Indonesia's Constitutional Court rejects medical marijuana but calls for "immediate" study, DC Mayor signs bill providing workplace protections for marijuana users, more.

Weed will be on the Senate's mind next week. (Creative Commons)
Marijuana Policy

Senate Hearing on Marijuana as Filing of Legalization Bill Looms. The Senate Judiciary Subcommittee on Crime and Terrorism has scheduled a hearing for next Tuesday on "Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms." The hearing, led by Sen. Cory Booker (D-NJ), a strong proponent of Senate Majority Leader Chuck Schumer's pending legalization bill, the Cannabis Administration and Opportunity Act, comes amid word that the bill will drop any day now. Schumer has blocked incremental marijuana reforms, such as the SAFE Banking Act, saying he wants a full-blown legalization bill.

Kentucky Democrats Announce Plan for Legalization Bill. Frustrated by the failure of the Republican-controlled state legislature to act even on medical marijuana, state Democrats announced Thursday they will be filing legislation to legalize marijuana for both medical and recreational use. They said they would fill "LETT's Grow" bills in both house. LETT is short for Legalizing sales, Expunging crimes, Treating medical needs, and Taxing sales. "Our legislation is the comprehensive plan that Kentuckians deserve, and it builds on what's worked in other states while avoiding their mistakes," said Rep. Roberts of Newport. "This would be a boon for our economy and farmers alike, plus give state and local governments a major new source of revenue."

DC Mayor Signs Bill Providing Workplace Protections for Marijuana Users, Mayor Muriel Bowser (D) has signed into law a bill that most employers from firing or refusing to hire workers because they use marijuana. The bill would "prohibit employers from firing, failing to hire, or taking other personnel actions against an individual for use of cannabis, participating in the medical cannabis program, or failure to pass an employer-required or requested cannabis drug test, unless the position is designated safety sensitive or for other enumerated reasons." There are exceptions for police, safety-sensitive construction workers, people whose jobs require a commercial drivers' license, and people who work with children or medical patients. The new law must still be approved by Congress before it can go into effect.

Psychedelics

Arizona Churches Sue Over Seizure of Sacramental Ayahuasca. Two Arizona churches, the Arizona Yagé Assembly and the Church of the Eagle and the Condor, have filed suit in federal court over the seizure of ayahuasca, a key element in their religious practice, by federal agencies. In separate lawsuits, the two churches charge that the federal government has violated the constitutional right to the free exercise of religion, citing the Religious Freedom Restoration Act. That law bars the government from burdening the exercise of religion unless there is a compelling government interest and only if that action if the least restrictive means of furthering that interest.

The Church of the Eagle and the Condor says that US Customs and Border Protection has been seizing and destroying its ayahuasca since 2020. The churches say drinking ayahuasca is "an essential mode of worship" for members, but federal agencies say any possession of ayahuasca, a Schedule I substance, violates the Controlled Substances Act. "The church and its members are aware that their sacrament is proscribed by law, but they have partaken in their sacrament both before and after the United States made a credible threat of enforcement of the CSA against them," the suit says. "Plaintiffs are violating and intend to continue to violate applicable law, rather than compromise or terminate their sincerely held religious beliefs and practices."

International

Indonesia High Court Rejects Medical Marijuana But Calls for Immediate Study. The Constitutional Court on Wednesday nixed a judicial review of the country's drug law that could have opened the door for medical marijuana. Three mothers of children with cerebral palsy backed by civil society groups had sought the review, arguing that marijuana could be used medicinally to treat medical conditions. The court held there was insufficient research to rule in favor of the plaintiffs, but called on the government to "immediately" conduct research on the medicinal use of the herb… The results of which can be used to determine policies, including in this case the possibility of changing the law," said judge Suhartoyo.

DE Marijuana Legalization Bill is Dead, No Mandatory School Drug Tests in Pakistan, More... (6/8/22)

The DC city council approves a bill to bar bosses from firing or not hiring workers because of a positive marijuana test, a Michigan bill to make fake urine for drug tests a crime advances, and more.

Michigan lawmakers worry that legal pot smokers are cheating drug tests with fake urine. (Creative Commons)
Marijuana Policy

Delaware Lawmakers Fail to Override Governor's Veto of Marijuana Legalization Bill. No legal weed for you, Delawareans! At least not this year. After Gov. John Carney (D) vetoed a bill that would legalize marijuana possession but not create a legal marketplace, House Bill 371, the House on Wednesday attempted to override his veto. But the effort came up short, failing on a 20-20 vote after House Majority Leader Valarie Longhurst (D) abstained and five Democrats and two Republicans who had voted for the bill voted against the override attempt. Those votes made the difference: The override only needed 26 votes to pass.

DC Council Approves Bill to Block Employers from Firing Workers Who Fail Marijuana Tests. The DC city council on Tuesday unanimously approved a bill that would bar employers from firing workers who test positive for marijuana, Bill 24-0109, the Cannabis Employment Protection Amendment of 2022. The bill would also ban employers from refusing to hire people with positive marijuana tests. There are some exceptions: employers can still fire marijuana users if the employer is acting under federal guidelines or if the worker partakes on the job. The bill now goes to the desk of Mayor Muriel Bowser (D).

Drug Testing

Michigan Bill to Outlaw Fake Urine Heads for House Floor Vote. A bill that would criminalize the sale or possession of "drug masking products, Senate Bill 134, has already passed the Senate and a House committee and is now headed for a House floor vote. The bill would make it a misdemeanor punishable by up to a year in jail and $1,000 fine to "distribute, deliver, sell, or possess with intent to distribute, deliver, or sell a drug masking product." Selling such products commercially would be a felony punishable by up to five years in prison. The state legalized marijuana in November 2018.

International

The National Assembly on Wednesday blocked a motion to introduce a bill that would make drug testing of all students mandatory. The move came after Minister of Parliamentary Affairs Murtaza Jayed Abbassi told lawmakers the government already had a program to randomly test students in place. One legislator decried the potential financial and psychological implications of mandatory testing on students and families and suggested that if the law were approved to students, it should be applied to parliamentarians as well.

NJ AG Says Cops Can Smoke Pot (But Not on Duty), ME Good Samaritan Improvement Bill Advances, More... (4/18/22)

New York issues its first marijuana grower licences, a Florida drug treatment provider is convicted of a massive drug testing fraud, and more.

There's money to be made growing weed, and in New York, equity applicants are getting the first crack at it. (CC)
Marijuana Policy

New Jersey Attorney General Says Police Can Use Marijuana Off-Duty. Marijuana use is now legal for adults in the state, and that includes police officers, Acting Attorney General Matt Platkin wrote in a memo last Thursday. The memo said it is critical for police to be clear-headed on the job, but they cannot be punished for engaging in a legal activity as long as it does not affect their work. Maybe we will see cops in line at pot shops later this week; retail sales begin on Thursday.

New York Issues First Marijuana Grower Licenses. Gov. Kathy Hochul (D) announced last Friday that the state's Cannabis Control Board has approved the first legal marijuana grower licenses in the state. The state has approved 52 Adult-Use Cannabis Conditional Cultivator licenses out of a pool of 150 applicants since March 15. The Office of Cannabis Management will continue to review applications and issue more licenses as quickly as possible. These first licenses went to "equity entrepreneurs" who qualify by having either a past marijuana conviction or one in their family and who have experience operating a successful business in the state.

Drug Testing

Florida Drug Rehab Facility Owner Guilty in Multimillion Dollar Drug Testing Fraud. Carie Lyn Beetle, the owner of Florida drug treatment center, was found guilty last Friday of running a $58 million insurance fraud scheme in which she recruited patients by offering free or discounted rent and free travel to Florida to stay in her sober houses, then tested them as often as three times a week, for which she would submit insurance claims. The frequency of the testing, for which she could bill as much as $5,000 each time, was considered unnecessary, and the results were not studied by treatment professionals. Sometimes the tests were never even conducted, but still billed for. Her center, Real Life Recovery, would also often bill for counseling and treatment services that were not actually conducted, and employees testified that they would regularly forge patient signatures to show they had attended counseling when they had not. For turning her treatment program into a racket, Beetle is now looking at up to 30 years in prison.

Harm Reduction

Maine Senate Approves Strengthened Good Samaritan Law. The Senate last Friday approved a bill to strengthen the state's Good Samaritan law, which is designed to protect people suffering from overdoses and those seeking to help them from prosecution. The bill, LD 1682, would change the existing law so that any person at the scene of an overdose who makes a good faith effort to call for assistance is protected from arrest or prosecution. The bill would include immunity for bail and probation violations, while exempting sex crimes, crimes involving children, and arson, among other crimes. It now heads to the House. 

Lawmakers Press Drug Companies on Over-the-Counter Naloxone, Dem Voters Say Legal Pot a Priority, More... (4/13/22)

New polls of American and European voters show support for marijuana legalization, Massachusetts prisoners are suing over unreliable drug tests, and more. 

The opioid overdose reversal drug naloxone. Lawmakers want drug companies to seek over-the-counter status for it.
Marijuana Policy

Majority of Democrats Say Marijuana Legalization Should Be a Top Priority for Congress. A new poll from Morning Consult and Politico finds that more than half (52 percent) of Democratic voters say marijuana legalization should be a top or important priority for Congress. Only 29 percent of Republican voters felt the same. Overall, 41 percent of voters now see marijuana legalization as a top or important congressional priority. The poll comes with the House having already passed a marijuana legalization bill and with the Senate waiting on Majority Leader Chuck Schumer (D-NY). Meanwhile, desperately needed interim measures, such as providing industry access to financial services, languish.

Drug Testing

Massachusetts Prisoners Sue Over Prison System's "Unreliable" Drug Tests Despite Court Order. Attorneys representing state prisoners have filed a lawsuit against the Department of Correction charging that it continues to use an unreliable drug test to screen prisoners' mail, violating an earlier court order. The lawsuit alleges that prisoners have been punished for sneaking drugs through the mail based on dubious drug tests and that some of the mail improperly seized as containing drugs were sent by the prisoner's own attorneys, the courts, and the attorney general's office. A judge last December ordered the department to quit using the NARK II drug test device. The attorneys are asking a judge to hold the department in contempt of court. A hearing is set for next Tuesday. "The DOC's actions were not only interfering with the attorney-client relationships of the people whose mail was seized and photocopied, but were chilling the ability of all incarcerated people to communicate with counsel for fear of being subjected to this arbitrary and severe punishment," the complaint said.

Harm Reduction

Bipartisan Lawmakers Call on Drug Makers to Apply to FDA to Make Overdose Reversal Drugs Available Over-the-Counter. Some 30 members of the House and Senate have sent a letter to drug companies who manufacture the opioid overdose reversal drug naloxone calling on them to apply to the Food and Drug Administration (FDA) for over-the-counter status for their products. The move comes amidst a raging opioid overdose epidemic that is killing tens of thousands of Americans each year. "It has never been more important to adopt opioid overdose prevention and reversal strategies on a wide scale," the letter said. This includes "steps to increase access to affordable naloxone, which is a proven, effective tool to reduce medical emergencies, drug overdoses, and deaths." Signatories included Sens. Joe Manchin (D-WV), Elizabeth Warren (D-MA), and Lisa Murkowski (R-AK) and Reps. Alexandria Ocasio-Cortez (D-NY) Rashida Tlaib (D-MI), and Brian Fitzpatrick (R-PA).

International

Poll Found Majority of Europeans Support Marijuana Legalization. A poll from  London-based Hanway Associates that surveyed eight different European countries found majority support for marijuana legalization, with 55 percent favoring it and only 25 percent opposing it. Italy led the way with support at 60 percent. Portugal, Switzerland, Spain, and the United Kingdom all polled between 55 and 59 percent, while Germany came in at 50 percent. Surprisingly, the Netherlands, which has allowed legal retail sales for more than 30 years, had the lowest level of support, at 47 percent. 

What Happens When Cops Plant a GPS Tracker on Your Car Without You Knowing? [FEATURE]

This piece was written for Drug War Chronicle by criminal justice reporter Clarence Walker, [email protected].

What happens if an unsuspecting citizen finds a police-installed GPS tracking device attached beneath his vehicle? As documented in the case of Indiana v. Derek Heuring, things can turn pretty strange.

https://stopthedrugwar.org/files/clarence-gps.jpg
At first glance, the "tiny box" resembled a bomb -- so the vehicle owner snatched the GPS tracker and tossed it. But should the law then allow the arrest of a person for theft of the GPS? The police thought so, because this bizarre sequence of events happened to suspected drug seller Derek Heuring, a Boonville, Indiana resident.

After they executed a search warrant, the Warrick County Sheriff Department narcotics officers in Heuring's hometown charged him with theft of a GPS tracker, which they had secretly put on his SUV. Heuring never knew who owned the tracker or why the device had been under his vehicle.

A search warrant must clearly show the officers had sufficient probable cause to believe Mr. Heuring had committed a crime to make a theft of the GPS stick. How can people be lawfully charged with theft of property found on one's vehicle, when they didn't know it was there in the first place?

Evansville Indiana criminal attorney Michael C. Keating insisted from the beginning that Heuring did not know what the device was or who it belonged to -- and Keating said his client "had no obligation to leave the GPS tracker on his vehicle."

Desperate to find the GPS, officers executing the search warrant on separate properties owned by the Heuring's family scored a bonus when they recovered meth, drug paraphernalia, and a handgun.

The Indiana Supreme Court Justices threw out the GPS theft charge including the methamphetamine possession charges on February 20, 2020.

"I'm not looking to make things easier for drug dealers," Justice Mark Massa said during arguments on the case. "But something is left on your car even if you know it's the police tracking you, do you have an obligation to leave it there and let them track you -- and if you take it off you're subject to a search of your home?" Massa asked rhetorically.

Deputy Attorney General Jesse Drum answered Massa's question with a resounding "yes".

"The officers did everything they could to rule out every innocent explanation," Drum told the justices, hoping to have the warrants upheld and win the state's case.

This legal groundbreaking story is important for law enforcement authorities, judges, prosecutors, and the public because the charges against Derek Heuring highlight the wide-ranging tactics police often use to justify illegal searches in drug cases, as well as raising broader questions about privacy and government surveillance.

In addition, Heuring's case raises the question of whether the police, even with a warrant, should have the leeway to both place a tracking device on a person's vehicle and forbid the individual to remove it from their vehicle if the person knows the police put it there to watch their every move. For example, if a person discovered a hidden camera in his bedroom should the law require him to leave it there without removing it -- knowing the police are trying to build evidence against them?

Antoine Jones (photo by Clarence Walker)
US vs. Antoine Jones became the first landmark case to be decided by the US Supreme Court involving law enforcement's illegal use of a GPS tracking system. Jones had been sentenced to life in prison without parole on drug conspiracy charges and his conviction was reversed on January 23, 2012. FBI and DEA agents planted a warrantless GPS on Jones' vehicle to monitor his movements thinking he was a Mexican cartel associate responsible for distributing mass amounts of cocaine in the Washington DC area. Jones' case is the standard-bearer that forces law enforcement in America today to first obtain a warrant to track someone with a GPS. Antoine Jones singlehandedly fought the almighty Feds tooth, nail, and claw, and finally won his freedom.

In Heuring's situation, the circumstances show how the narcs used a dubious search warrant to recover a GPS tracker claiming that Heuring had stolen it. The police charged him with the GPS theft without evidence that a theft occurred. They were hoping a bogus theft case would suffice against Heuring whom they suspected of dealing illegal drugs.

In a final ruling against state prosecutors that effectively dismissed the cases altogether, another justice opined, "I'm struggling with how that is theft," said Justice Steven David.

"We hold that those search warrants were invalid because the affidavits did not establish probable cause that the GPS device was stolen. We further conclude the affidavits were so lacking in probable cause that the good-faith exception to the exclusionary rule does not apply," Justice Loretta Rush wrote.

Thus, under the exclusionary rule, "the evidence seized from Heuring's home and his father's barn must be suppressed."

"We reverse and remand,'' the Indiana Supreme Court Justices wrote.

How It Went Down

Indiana resident Derek Heuring (Facebook)
During summer 2018, Warrick County Sheriff Department narcotic officers Matt Young and Jarrett Busing received information from an informant that Heuring was slinging dope for a living. Officer Young obtained a warrant on July 28 to place the department's GPS tracking devices onto Heuring's Ford Expedition SUV to track his movements for 30 days. This GPS tracker was a black box, about 4 inches by 6 inches with no identification to identify where it came from.

The warrant authorized 30 days of tracking, but the device failed to transmit Heuring's location after the sixth day. Then on the seventh day, the narcs received a final update from the tracker showing Heuring's SUV at his residence. The officers were increasingly puzzled over why they weren't detecting location information three days later. Finally, however, a technician assured the officers that the battery was fully charged but that the "satellite was not reading."

Alarmed over the ensuing problem, Officer Busing decided to check out the happenings with the GPS. Busing drove over to Heuring's father's barn where the SUV was parked. He thought the location of the barn thwarted the satellite signal. Subsequently, the officers saw the vehicle parked away from the barn, and then parked outside of the family's home. Officer Young again contacted a technician "to see if the GPS would track now." The tech informed him, "that the device was not registering and needed a hard reset."

Officers went to retrieve the GPS from the SUV, but it was gone!

The officers discussed how a GPS had previously disengaged from a vehicle by accident, yet still, the device was located because the GPS continued to transmit satellite readings. Convinced the GPS had been stolen and stashed in either Heuring's home or his father's barn, Officer Busing filed affidavits for warrants to search both locations for evidence of theft of the GPS.

With guns drawn, deputies stormed Heuring's home and the barn. Deputies recovered meth, drug paraphernalia, and a handgun. Next, Officer Busing obtained warrants to search the house and barn for narcotics. The officers located the GPS tracker during the second search, including more contraband. Finally, deputies arrested the young man.

Although a jury trial hadn't taken place, Heuring's defense attorney Michael Keating filed a series of motions in 2018 to suppress the seized evidence. Keating challenged the validity of the search warrants under both the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution. Keating's motion argued the initial search warrants were issued without probable cause that evidence of a crime -- the theft of the GPS device -- would be found in either his home or his father's barn. Prosecutors argued the opposite, and the trial court judge ruled against Heuring, thus setting the stage for defense attorneys to appeal the trial court adverse ruling with the first-level state appellate court, arguing the same facts about the faulty search warrants. After hearing both sides, the appellate judges upheld the trial court's refusal to suppress the evidence against Heuring.

Despite the trial court and the lower-level court upholding the questionable warrants the Indiana Supreme Court Justices heard oral arguments from the defense attorney and the attorney general on November 7, 2019. The central point of the legal arguments boiled down to the search warrants. Supreme Court justices pinpointed the fallacies of the officer's search warrants by in their opinion.

https://stopthedrugwar.org/files/justice-loretta-rush.jpg
Indiana Supreme Court Chief Justice Loretta Rush
"All of the evidence must be suppressed because the initial warrant was invalid," Justice Rush wrote. "Affidavits filed by the officers in support of the search warrant failed to establish probable cause in two respects; first the warrants lacked information that the person who removed the GPS was aware to get consent from the Sheriff's Department, and second, the affidavits lacked information that there was an intent to deprive the Sheriff's Department of the value or use of the GPS."

The justices concurred, "The affidavits support nothing more than speculation -- a hunch that someone removed the device intending to deprive the Sheriff's Department of its value or use."

"We find it reckless for an officer to search a suspect's home and his father's barn based on nothing more than a hunch that a crime had been committed. We are confident that applying the exclusionary rule here will deter similar reckless conduct in the future", Justice Rush concluded.

Derek Heuring is a free man today. Thanks to common sense judges.

And Another GPS Tracking Case: Louisiana Woman Cold-Busted State Police Planting GPS on Her Vehicle; She Removes It; Police Want it Back

Just last year in March, an alert citizen identified as Tiara Beverly was at home in her gated apartment complex in Baton Rouge, Louisiana preparing to run errands when she noticed something peculiar. She spotted a group of suspicious white men standing near her car. Beverly's adrenaline shot sky-high when she saw one of the cool-acting fellows bend over and placed something under her car.

"I instantly panicked," Beverly told local television station WBRZ. "I didn't "know if it was a bomb, but I found out it was a tracker.

Unsatisfied with Beverly's denial that she didn't have a location on the person they were looking for, the police planted a GPS under her car. Two weeks prior, Louisiana State Troopers visited Beverly's home and harshly questioned her about a personal friend she knew. Again, Beverly vehemently denied knowing the person's whereabouts. Finally, two days later, the officers put the GPS on Beverly's vehicle, Details are sketchy of how the police gathered evidence to arrest Beverly on narcotic-related charges in February 2021. A judge released Beverly on a $22,000 bond.

When Beverly finally determined the GPS was placed on her vehicle by police, she rushed to the local NAACP in Baton Rouge and told her story to NAACP president Eugene Collins. Collins told the reporter he contacted the police on Beverly's behalf and the police immediately demanded Collins and Beverly to return the GPS tracker -- and they threatened her.

"They asked me to return the box, or it could make the situation more difficult for me," Collins recalled.

Civilians are prohibited from possessing or using GPS devices, but they are legal for law enforcement, parole, and probation officers or correctional officials to use, according to Louisiana Revised Statute 14: 222.3.

Police told reporters they had a warrant for the tracking device placed on Beverly's vehicle. However, when the WBRZ reporter asked to see the warrant, the State Trooper's Office declined to produce it, issuing the following statement: "Upon speaking with our detectives, this is part of an ongoing investigation involving Ms. Beverly and a suspect with federal warrants."

The Public Information Officer added, "Further information regarding charges and investigative documents will be available."

"The fact that a young woman can see you doing something like this means you're not very good at it," Collins told WBRZ.

Police in Beverly Tiara's case had a good shot to track her whereabouts, yet they blew it big time. Tiara's case isn't over yet, so we'll be reporting on future developments.

In Derek Heuring's criminal charges, Chief Justice Loretta Rush summed it up best when she said, "There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few to protect the privacy of us all."

SD Legal Pot Bill "Smoked Out" and Revived, UT Therapeutic Psychedelic Task Force Bill Passes, More... (3/2/22)

A coalition of marijuana and civil rights groups is demanding a House floor vote on a marijuana legalization bill, the Transportation Department is moving toward approval oral drug testing for truckers, and more.

A South Dakota marijuana legalization bill got "smoked out" Tuesday, but not like this. (IRIN)
Marijuana Policy

Marijuana, Civil Rights Groups Demand House Vote on Legalization Bill This Month. A coalition of marijuana reform and civil rights groups convened by the Drug Policy Alliance, the Marijuana Justice Coalition, sent a letter to House leadership Tuesday seeking a floor vote this month on the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act (HR 3617). Sponsored by House Judiciary Committee Chair Jerrold Nadler, the MORE Act passed the House in the last Congress and has passed out of the committee in this Congress in September, but has been stalled since then. "Given that nearly every minute one person in this country is arrested for a minor marijuana crime, the public deserves to know if members of the 117th Congress stand on the side of justice and against the outdated and cruel policy of prohibition and criminalization of marijuana," the letter to House Speaker Nancy Pelosi (D-CA) and House Majority Leader Steny Hoyer (D-MD) said.

South Dakota Marijuana Legalization Bill Back from the Dead After Being "Smoked Out." Just one day after a House committee voted to kill the legalization bill, Senate Bill 3, it has been revived using a legislative procedure known as a "smoke out." Under that procedure, legislative leaders can poll lawmakers and if a majority signal they are in favor of proceeding with the bill, the bill can proceed to a House floor vote. "We just smoked out a weed bill," House Speaker Spencer Gosch (R) quipped when enough members stood to be counted. Voters had approved a marijuana legalization initiative in 2020 only to see it overturned by the state Supreme Court, and the activists behind that initiative are currently in the midst of a signature gathering campaign to put the issue on the ballot this year if the legislature fails to pass the bill.

Psychedelics

Utah Legislature Overwhelmingly Approves Psychedelic Therapeutic Study Bill. With a final Senate vote last Friday, the state legislature has approved a bill to set up a task force to study the therapeutic potential of psychedelics, House Bill 167. The House had passed the bill back on February 10. In each chamber, only one no vote was registered. The bill is now on the desk of Gov. Spencer Cox (R) but has a veto-proof majority in case he balks. The bill would create a task force to "provide evidence-based recommendations on any psychotherapy drug that the task force determines may enhance psychotherapy when treating a mental illness."

Drug Testing

US Department of Transportation Publishes Proposed Rules for Oral Fluid Drug Testing. The Department of Transportation last Friday a notice of proposed rulemaking for oral fluid drug testing of transportation employees covered by federal regulations. DOT said that including oral testing would help employers combat cheating on urine drug tests. Oral testing to detect the presence of marijuana only has a 24-hour window, while urine testing can detect marijuana metabolites for days or weeks. Comments on the notice of proposed rulemaking should be submitted by March 30, 2022.

J&J and Drug Distributors Settle Opioid Lawsuits, SD Gov Cool to MJ Legalization Bill, More... (2/25/22)

An Idaho legislator worried that substitute teachers are selling drugs to kids gets a teacher testing bill out of committee, Tennessee is the latest state to see a fentanyl test strip legalization bill, and more.

Marijuana Policy

South Dakota Governor Suggests Possible Veto of Marijuana Legalization Bill. Gov. Kristi Noem (R) sounded skeptical of a marijuana legalization bill, Senate Bill 3, which has just passed the Senate, at a Wednesday press conference. Noem did not give a direct answer when asked about the issue, saying "it's hard to talk in hypotheticals," and she's "not in favor of recreational marijuana." She added that, "I still believe I haven't seen anybody get smarter from smoking dope." Voters approved marijuana legalization in 2020, only to see their decision overturned by the state Supreme Court. The activists behind the 2020 campaign are now signature gathering for a new initiative, but say they will desist if a workable legalization bill becomes law.

Opiates and Opioids

Johnson & Johnson, Drug Distributors Reach Settlement Over Opioid Lawsuits. Three of the country's largest drug distributors -- McKesson, Cardinal Health and AmerisourceBergen -- and drug maker Johnson & Johnson announced Friday that they had reached a settlement with the vast majority of states and localities that had sued them over their role in the nation's early-century opioid crisis. The companies have agreed to pay out $26 billion to settle those thousands of claims, with the first checks set to go out in April with at least 85 percent of the payments dedicated to addiction treatment and prevention services. The distributors and Johnson & Johnson released statements Friday morning, noting that the deal is not an admission of wrongdoing and that they strongly dispute the allegations. The distributors said in a joint statement that they believed that "the implementation of this settlement is a key milestone toward achieving broad resolution of governmental opioid claims and delivering meaningful relief to communities across the United States that have been impacted by the epidemic."

Drug Testing

Idaho House Committee Advances Bill Requiring Drug Testing for Substitute Teachers. Ignoring the objections of state school officials, the House Education Committee voted 8-7 Thursday to approve a bill requiring mandatory pre-employment drug testing of all substitute teachers, at a time when school districts are scrambling for substitute teachers. School officials called the proposed law unworkable and noted that districts already have their own drug testing policies. "It is unnecessary, and further, we have a policy at the local level," Karen Pyron, superintendent of the Butte County School District, told the committee. "It adds cost and inconvenience and an additional burden to our rural schools," she said. But bill sponsor, Rep. Judy Boyle (R-Midvale) retorted that she had "tremendous concerns." Substitute teaching "is a very easy way to access children and sell drugs to them," she claimed. Her reasoning prevailed in the narrowly divided committee, and House Bill 651 now heads for a House floor vote.

Harm Reduction

Tennessee Fentanyl Test Strip Bill Filed State Sen. Richard Briggs (R-Knoxville) has filed a bill to legalize fentanyl testing strips, Senate Bill 2427. They are currently considered drug paraphernalia under state law. "SB 2427 is very important for Tennessee, especially East Tennesse, where we've had a very large number of deaths from drug overdoses," said Briggs. "This bill legalizes a tool that can help save lives from drug overdoses in our state." The bill would sunset after three years unless it was renewed. The House Criminal Justice Committee is set to discuss the bill on March 2.

DE Marijuana Legalization Advances in House, AL Fentanyl Test Strip Bill Nears Final Vote, More... (2/22/22)

Bills to end civil asset forfeiture and block "equitable sharing" with the feds are filed in Tennessee, a Delaware marijuana legalization bill advances, and more.

Trucker shortage? 60,000 are sidelined because of testing positive for marijuana. (Creative Commons)
Marijuana Policy

Delaware Marijuana Legalization Bill Advances in House. The House Appropriations Committee last Thursday quietly advanced a marijuana legalization bill, House Bill 305. The committee "walked the bill," which allows the bill to advance without a public hearing. The bill has already been approved by the House Health and Human Services Committee. The bill now heads for a House floor vote. The last time a legalization bill got that far, back in 2018, it lost on the House floor by four votes. HB305 would allow legal personal possession of 1 ounce of marijuana for adults ages 21 or older and set up a framework for its taxation and sale. It allocates 30 retail sale licenses, 30 manufacturing licenses, 60 cultivation licenses and five testing licenses to be issued within 16 months of the bill's approval.

Opiates and Opioids

Alabama Bill to Legalize Fentanyl Test Strips Faces Final House Vote. A bill that would legalize fentanyl test strips, Senate Bill 168, has passed the Senate and two House committee votes and now heads for a House floor vote. The bill aims to address the state's opioid overdose crisis by allowing users to test their substances for the presence of the powerful opioid.

Asset Forfeiture

Tennessee Bills Would End Civil Asset Forfeiture, Opt State Out of Federal Program. A pair of Republican lawmakers have introduced companion bills aimed at ending civil asset forfeiture in the state and blocking state law enforcement from evading the law by handing cases off to the federal government under what is known as the "equitable sharing" program. Rep. Jerry Sexton (R) introduced House Bill 2525 and Sen. John Stevens (R) introduced the companion, Senate Bill 2545 earlier this month.

The opt-out from "equitable sharing" is particularly important given that a policy directive issued in July 2017 by then-Attorney General Jeff Sessions greenlighting the practice remains in effect. The language in the bill on "equitable sharing" is quite direct: "A state or local law enforcement agency shall not transfer or offer for adoption property, seized under state law, to a federal agency for the purpose of forfeiture under the federal Controlled Substances Act, Public Law 91-513-Oct. 27, 1970, or other federal law." The bills are now in committee in their respective houses.

Drug Testing

Expert Blames Marijuana Testing for Drug Drivers as Leading Cause of Driver Shortage. Chris Harvey, the head of equity strategy at Wells Fargo, is blaming drug testing for making a major contribution to the truckdriver shortage that is causing problems in the supply chain and contributing to rising prices. "It's really about drug testing," Harvey said, speaking at an industry conference last week. "We've legalized marijuana in some states but, obviously, not all... What we've done is we're excluding a significant portion of that trucker industry."

More than 60,000 truckers have been sidelined for testing positive for marijuana as of December under industry drug testing policies that have become stricter even as marijuana is broadly legalized. Under a 2020 law, all truck drivers who have failed a drug test must be listed in a federal database to block them from being hired by other companies. Some 110,000 truckers have tested positive, with 56 percent of them for marijuana use. There is currently a shortage of about 80,000 truckers.

Schumer Says Marijuana Legalization Bill Coming in April, Study Questions Reliability of Maternal Drug Testing, More... (2/7/22)

Wisconsin's governor vetoes a bill that would have dramatically hiked criminal penalties for butane marijuana extraction, the Jalisco New Generation Cartel is now making bombs to deploy against the military, and more.

Marijuana legalization could be coming to the Senate in April. (Creative Commons)
Marijuana Policy

Schumer Says He Aims to File His Marijuana Legalization Bill in April. Senate Majority Leader Chuck Schumer (D-NY) announced last Friday that he plans to formally introduce his marijuana legalization bill in April. "In the coming weeks, we're ramping up our outreach -- and we expect to introduce final legislation. Our goal is to do it in April," Schumer said. "Then we begin the nationwide push, spearheaded by New York, to get the federal law done. As majority leader, I can set priorities. This is a priority for me." Schumer's bill, the Cannabis Administration and Opportunity Act (CAOA), was first released in draft from last July, and advocates had grown increasingly impatient with the lack of movement since then, especially after he blocked passage of the SAFE Banking Act, which the House had approved and attached to a defense spending bill. But now, Schumer has signaled movement ahead.

Wisconsin Governor Vetoes Bill to Ramp Up Penalties for Marijuana Extraction. Gov. Tony Evers last Friday vetoed a bill that would have significantly increased criminal penalties for people using butane or similar fuels to process marijuana for extracts. The measure, Assembly Bill 440, would have made using butane to extract marijuana a Class E felony punishable by up to 15 years in prison. It is currently a Class I felony with a maximum 3 ½ year sentence. In his veto message, Evers said, "I am vetoing this bill in its entirety because I object to increasing criminal offenses or penalties related to marijuana use," adding that "marijuana criminalization has had a disproportionate impact on communities of color, especially in Wisconsin." Evers supports marijuana legalization, but has made no headway with the Republican-led legislature.

Drug Testing

Study Questions Reliability of Maternal Drug Testing. A study presented at 2022 Pregnancy Meeting of the Society for Maternal-Fetal Medicine last Friday is raising more questions about the drug testing of pregnant women after it found that maternal urine samples and samples of the meconium from their newborn babies frequently produce different results. That disagreement (or "discordance") could trigger inappropriate interventions by child protective services, including separation of infants from their mothers, the researchers said.

"There's a very big debate right now in the obstetrics and perinatology communities about the utility of biochemical testing and the identification of high-risk women," said lead author Cassandra Heiselman, DO, MPH, clinical assistant professor in the Department of Obstetrics, Gynecology and Reproductive Medicine at the Renaissance School of Medicine at Stony Brook University, Stony Brook, New York, told Medscape Medical News. "We know that each biochemical test has limitations, which can include basically the inability to detect all substances, especially synthetic opioids like fentanyl, [and] the possibility for false results."

Ironically, marijuana use was the most common factor associated with a positive meconium test. "Some studies have shown cannabis use in the second trimester can show up in meconium testing even if the mother has stopped that behavior," Heiselman said. "Then there is also cross-reactivity with other substances that can lead to higher false positive results, especially in the urine toxicology."

International

Mexican Drug Cartel Turns to IEDs to Use Against Army as Drug War Rages On. In a first in Mexico's drug wars, the Jalisco New Generation Cartel has deployed homemade bombs, or improvised explosive devices (IEDs) against the Mexican military. The attacks came on Saturday in Tepalcatepec in the western state of Michoacan, which has been riven with criminal conflicts for months. The bombs were described as pipe bombs with a cone-shaped cap to direct the explosion. Local self-defense forces fighting the cartel said the bombs did extensive damage to a military armored vehicle. This is just the latest escalation for the cartel, which last month resorted to dropping bombs from drones on its rivals.

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