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NE MedMJ Initiatives Get Rolling, Temporary Fentanyl Analog Ban Extended, Ecuador Prison Riot, More... (10/1/21)

The city of Raleigh pays out to people framed and jailed on drug charges, civil rights and drug reform groups criticize the inclusion of fentanyl analog scheduling in a stopgap spending bill, and more.

Afghan opium prices are up as actors worry about a Taliban ban on the poppy. (UNODC)
Medical Marijuana

Nebraska Advocates Launch Signature Drive for Medical Marijuana Ballot Measures. Activists organized as Nebraska Medical Marijuana on Friday rolled out a pair of medical marijuana initiatives, with signature gathering set to begin Saturday. Supporters will have until next July to gather the requisite number of signatures to qualify for the 2022 ballot. The effort comes after the Republican-led legislature has repeatedly blocked medical marijuana and after the state Supreme Court blocked a medical marijuana from the 2020 ballot even though it had met signature requirements. The court held that initiative violated the state's one-topic rule for initiatives. This time, activists have split the proposal into two initiatives, the Medical Cannabis Patient Protection Act, which would protect patients and caregivers from prosecution, and the Medical Cannabis Regulation Act, which would set up a state regulatory system.

Drug Policy

Civil Rights, Drug Reform Groups Criticize Stopgap Spending Bill for Extending Schedule I Status for Fentanyl-Related Drugs. Civil rights activists and drug policy experts said Friday they were disappointed that the stopgap spending bill passed by Congress Thursday extends the temporary classification of fentanyl-related substances as Schedule I drugs. The measure would "disproportionately impact people of color through harsher criminal penalties and expand mass incarcertation," the groups said, calling for health-centered policies including expanded access to harm reduction and treatment.

Law Enforcement

Raleigh, North Carolina, to Pay $2 Million to People Framed on Drug Charges. The city of Raleigh has agreed to pay 15 plaintiffs $2 million to settle a federal civil right lawsuit that charged officers worked with a confidential informant to frame people on drug trafficking charges. The civil rights lawsuit filed in April sought policy changes and actual and punitive damages from the city of Raleigh, Officer Omar Abdullah and seven of his colleagues, including a sergeant and a lieutenant. The suit was filed by a dozen people who were arrested after the snitch claimed they sold him heroin, and in one case, marijuana, but the drug turned out to be fake. Lawyers for the plaintiffs warned the city that more is coming: "We have informed the City of at least six additional potential plaintiffs who were harmed by this scheme. These individuals are all women and children who were detained or had guns pointed at them during SWAT style raids of their homes," they wrote. "We intend to seek justice for them as well." The original 15 plaintiffs spent a collective 2 ½ years in jail before charges were dismissed.

International

Afghan Opium Prices Rise in Wake of Taliban Take Over, Fears of Ban. The price of opium has tripled in Afghanistan took over last month and announced a possible ban. Farmers at markets in Kandahar province reported the price surge. Buyers are anticipating an opium shortage because of the possible ban "and that's driven up prices," one farmer said. The Taliban banned opium in 2000 in a bid to cultivate Western support, but every year since then, Afghanistan has been the world's leading opium producer. That Kandahar farmer doesn't think the Taliban "can eradicate all opium in Afghanistan," but is enjoying the high prices.

Mexican Drug Cartel Struggle Leads to Deadly Ecuador Prison Riot. At least 116 inmates have been killed in the Litoral prison in Guayaquil in rioting this week linked to a bitter struggle between rival Mexican cartels over cocaine trafficking routes through the country. The prison gangs doing battle with each other with machetes, guns, and grenades inside the penitentiary are linked to either the Sinaloa or the Jalisco New Generation cartels. This is the third major outbreak of prison violence in the country this year, with 79 killed in gang fights in three prisons in February and 22 more killed at Litoral in July.

Clarence Thomas Questions Federal Marijuana Prohibition, ONDCP Reports on Colombia Coca, More... (6/28/21)

A major pharmaceutical company settles with the state of New York over opioid distribution, Minnesota lawmakers are on the verge of passing policing reforms, and more.

US Supreme Court Justice Clarence Thomas questions the viability of federal marijuana prohibition. (Creative Commons)
Marijuana Policy

Clarence Thomas Says Federal Marijuana Prohibition May No Longer Make Sense. One the Supreme Court's most conservative justices said Monday that because marijuana is already legalized either medically or recreationally in a growing number of states, federal pot prohibition may no longer make sense. "A prohibition on interstate use or cultivation of marijuana may no longer be necessary or proper to support the federal government's piecemeal approach," wrote Justice Clarence Thomas as the high court declined to hear the appeal of a Colorado medical marijuana dispensary that was denied federal tax breaks. "Federal policies of the past 16 years have greatly undermined its reasoning," he said. "The federal government's current approach is a half-in, half-out regime that simultaneously tolerates and forbids local use of marijuana."

Heroin and Prescription Opioids

Johnson & Johnson Settles With New York for $230 Million, Agrees to Stop Selling Opioids. Pharmaceutical company Johnson & Johnson has agreed to a $230 million settlement with the state of New York over its role in the country's opioid crisis, which has led to nearly half a million dead of overdoses in the past two decades. As part of the settlement, the company agreed to not promote opioids and confirmed it has quit distributing them in the US. Pharmaceutical companies and distributors have faced a barrage of lawsuits over opioids, with governments arguing that the companies pushed the drugs and caused people to become addicted and then turn to illegal opioids as states and the federal government cracked down. The companies argued that they were distributing medically necessary opioids for people who need them. The crackdowns on opioid prescribing have left one group of people in particular in the lurch: chronic pain patients, who must seek opioids and doctors willing to prescribe them in large quantities in the midst of the retrenchment.

Law Enforcement

Minnesota Lawmakers Reach "General Agreement" on Policing Reforms. Legislative leaders of both the Democratic Farm Labor Party and the Republicans have reached "general agreement" on a broad-ranging police reform bill, leaders of both parties said late Saturday. Among other things, the bill would restrict the use of no-knock warrants, civil asset forfeiture reforms (but not an outright ban), reforms of fines and fee structures, restrict the use of confidential informants to better protect them, and make modifications to state police misconduct database to create an early warning system to keep bad cops off the street. The legislature is working under a deadline: If the broader public safety bill that includes the policing reforms is not passed by Wednesday, key government public safety functions, such as running state prisons and the State Patrol, would theoretically face shutdowns. But Gov. Tim Walz (DFL) said he will keep those operations functioning, even if that is legally questionable.

International

US Drug Czar's Office Says Colombia Coca Cultivation Expanded Last Year. Colombian coca cultivation increased 15% last year and potential cocaine production rose 7.9% to around a thousand metric tons, the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office), said Friday. The report from ONDCP differed from a report issued by the UN Office on Drugs and Crime (UNODC) released on June 9, which had a lower figure for crop cultivation but a higher figure -- 1,228 metric tons -- for potential cocaine production. In either case, Colombia remains the world's largest coca and cocaine producer, ahead of second place Peru and third place Bolivia.

Cuba Reiterates Zero Tolerance Drug Policies. Cuba used the occasion of the UN's International Day Against Drug Abuse and Illicit Trafficking on Saturday to make clear that its zero tolerance policy toward drug use, production, and trafficking remains unchanged. In a tweet, Foreign Minister Bruno Rodríguez vowed that the island nations will never be a place to use, store, or traffic illicit drugs.

Chronicle Book Review: "We Own This City: A True Story of Crime, Cops, and Corruption"

We Own This City: A True Story of Crime, Cops, and Corruption by Justin Fenton (2021, Random House, 335 pp., $28.00 HB)

The thuggish, racially-charged reality of the war on drugs sometimes leaps dramatically into the national spotlight, as when gung-ho drug cops in Louisville gunned down Breonna Taylor in her own apartment last year or when a North Carolina SWAT team sent to execute a routine drug warrant managed to shoot Andrew Brown in the back of the head as he fled in his car. Both were African-American, both collateral damage in the endless drug war.

Such outrages inevitably -- and deservedly -- shock the conscience of the nation and garner lots of headlines. And they sometimes lead to reforms, with Taylor's death resulting in a Louisville ban on no-knock raids and a statewide partial ban on them, as well as propelling legislation both in other states and in Congress.

But most of the time, the drug war just grinds on, chewing up its victims and turning them into raw inputs for the criminal justice industrial complex, but also engendering both crime related to black market activities and deep mistrust if not outright loathing in the communities of color most ground down by the heavy hand of prohibition policing.

It also has a way of chewing through the integrity of too many cops. Corruption and drug law enforcement have gone hand in hand from the days of Harry Anslinger's crooked federal narcs all the way through the war on drugs. The litany of drug-related police corruption scandals is long and sordid, from Serpico's NYPD to the LAPD's Ramparts scandal, the Oakland Riders, Philadelphia's Tarnished Badge scandal and lesser, but equally corrupt groups of officers in places such as Miami, Memphis, Tulsa, and Baton Rouge.

And now we can add Baltimore's Gun Trace Task Force scandal. The name should ring a bell among regular readers of the Chronicle's This Week's Corrupt Cops Stories, where task force members made regular appearances among our listings of officers arrested, convicted, and sentenced for their criminal misdeeds in the past few years. But now, Baltimore Sun crime reporter Justin Fenton, who covered the whole thing as it unfolded, wraps it all up in an ugly little package in We Own This City, the title taken from the arrogant braggadocio of one of the miscreants.

In the 2010s, Baltimore was a city battered by decades of deindustrialization and declining population, hammered hard by heroin, and with surging crime and a murder count reaching record highs. Mayors came into office with new anti-crime plans and appointed new police chiefs with new strategies, but nothing was working. And then came the death of Freddy Gray, a 25-year-old Black man who died in the back of a police paddy wagon under suspicious circumstances.

As the city and the police department reeled in the face of furious outbreaks of rioting and mass protests, they turned to one of the department's stars, a self-promoting hot dog of a cop who managed to make more gun busts than anyone -- and made sure his supervisors knew it -- Sgt. Wayne Jenkins and his squad of elite plainclothes "jump out boys" in the Gun Trace Task Force.

But Jenkins and his boys were less about addressing the drugs and guns problem than exploiting it for their own ends. For years, the crew went on a rampage of unlawful traffic stops, break-ins, robberies, evidence-planting, and drug dealing as they preyed on the citizens of Baltimore -- mostly the Black citizens of Baltimore. They specialized in identifying and ripping off drug dealers and used their networks of informants to peddle the dope right back onto the same streets they took in from. Their false testimonies sent people to prison, and their reckless behavior led to the death of at least one innocent bystander.

That the Gun Trace Task Force got away with its out-of-control crime spree for years is an indictment not only of the amoral men involved, but also the public officials and police administrators who should have caught on but remained clueless until it all exploded in their faces thanks to a federal investigation that eventually cracked the case wide open. It's also a reminder that enforcing drug prohibition generates such scandals on a predictably regular basis.

Fenton does an admirable job of tying this multi-tentacled story into a neat, if disturbing little package. As a local crime reporter, he has the background and extensive contacts to provide a thorough understanding of city and state politics, the intricacies of the Baltimore Police Department, and the people of the city, both folks involved in the trade and just regular folks swept up in the task force crime wave. In so doing, he becomes the voice of the city, appalled and disgusted by the moral rot within the Gun Trace Task Force.

Drug war police corruption is an old story, but this time with a new locale and a new cast of characters, brought to life by a seasoned journalist. We Own This City is a gripping and disturbing read, carrying a lesson we still have not learned.

Bad Precedent: When the Fourth Amendment Doesn't Apply [FEATURE]

Criminal Court & Legal Affair Investigative Journalist Clarence Walker can be reached at [email protected].

The Fourth Amendment should have protected suspected Indianapolis methamphetamine dealer Paul Huskisson when DEA agents without a search warrant and without any exigent circumstances, such as fear of imminent danger or injury to officers, flight of the suspect, or destruction of evidence, raided Huskisson's home, discovered pounds of meth, and arrested him for it.

Under the Fourth Amendment's exclusionary ule, when such evidence is unlawfully gathered the evidence cannot be used by the government in criminal cases.

But in a stunning blow to the Fourth Amendment protections against unreasonable search and seizure, that same unlawful seized evidence was indeed used in court against him, and Huskisson now sits in federal prison serving a 20-year sentence in FCI Lexington Kentucky.

In a 2019 decision, a three-judge panel of the 7th US Circuit Court of Appeals in Chicago; two of the justices, appointed by Clinton, including one appointed by Donald Trump, invoked a rarely used legal argument known as independent source doctrine to get around the Fourth Amendment violation, creating a floodgate of legal implications that has defense attorneys and legal scholars concerned.

WSNC 90.5 radio host of 'The Public Morality Show,' Byron Williams, condemned the decision in Huskisson's case in a scathing article published in the Winston-Salem Journal.

"Do we want to become a nation where obtaining a warrant before entering someone's home is optional?"

"The ends cannot justify the means," Williams said.

Here's how we got here:

The Bust

According to court documents and case testimony, the raid on Paul Huskisson had its genesis in the February 5, 2016 arrest by DEA agents of one Anthony Hardy on assorted meth charges, including conspiracy. Desperate to cut a deal, Hardy confessed his role in a dope smuggling scheme, even leading DEA agents to a cache of drugs and guns. Hardy implicated two other men, one of whom was Huskisson, who was previously unknown to the DEA.

And Hardy had plenty to say about Huskisson. He told DEA agents that he had scored substantial amounts of meth from him at least six times in the previous five months for $8,000 a pound, that he had purchased meth both at Huskisson's house and at a business owned by one of Huskisson's family member called 'No Limit' LLC, and that Huskisson was expected to receive a shipment of "10 to 12 pounds" the following day.

Hardy then took his snitching to the next level by volunteering to do a controlled buy for the DEA. DEA Special Agent Michael Cline prompted Hardy to call Huskisson on a recorded phone call to set up a buy to ensure Huskisson would sell dope to him, and Huskisson agreed to sell "10 to 12 pounds." After several more recorded calls, the pair agreed to meet at night on February 6, at Huskisson's place.

With undercover DEA agents already in place near Huskisson's house, Agent Cline tailed Hardy's car as he drove to 612 Laclede Street, where Huskisson lived, arriving 5:30 or 5:45 p.m. Hardy went into the house, and the assembled DEA agents waited. Half an hour later, Cline spotted a car pull into Huskisson's driveway and watched two men (later identifed as Jezzar Terraz-Zamarron and Fred Aragon) exit the visible vehicle carrying a cooler and enter the house.

Ten minutes later, a nervous Anthony Hardy came out the door and gave a prearranged signal to DEA Agent Cline to indicate he'd seen the meth. On that signal, DEA agents armed with high-powered weapons stormed the home, forcing the men inside onto the floor. Meanwhile Cline faked arresting Hardy to disguise Hardy's role as an informant. While milling around in Huskisson's home like characters readying for the next act, DEA agents and Indiana State Police investigators observed in the kitchen in plain sight an open cooler with 'ten saran-wrapped packages of meth.

All three men were arrested.

Paul Huskisson was subsequently indicted for possession with the intent to distribute 500 grams or more of methamphetamine in violation of the federal statute 21 U.S.C. 841(a).

When those DEA agents entered Huskisson's home and found the meth they had no search warrant whatsoever that allowed them to legally be there. They didn't bother to get one "until later," Cline testified at trial.

An Effort to Have the Evidence Thrown Out

Before going to trial, Huskisson's attorney filed a motion to suppress the drug evidence, arguing the drugs were found only after the DEA entry team entered Huskisson's house without a search warrant and without any exigent circumstances -- a clear violation of the Fourth Amendment's requirement for lawful searches. He also argued that DEA agents had included that tainted evidence, that fruit of the poisonous tree, into the affidavit for the search warrant that they obtained after the fact from a judge, "an hour or so later."

DEA agent Michael Cline was unable to testify at the motion hearing, so Indiana State Police investigator Noel Kinney substituted for Cline. Pertaining to the warrant obtained after agents rushed into the house, Kinney testified inconsistently regarding the ex post facto warrant, contradicting himself badly about the intent of the search and other government evidence.

Under questioning by defense attorney John L. Tompkins, Kinney first testified the task force's original plan was to apply for a warrant even if Huskisson refused consent to search, and no matter whether law enforcement saw evidence of drug activities in the house.

"Depending on the conversation with Mr. Huskisson, and, if he granted consent to search, we would continue the search of the residence," Kinney testified.

"What would've happened if Mr. Huskisson hadn't given consent," defense attorney Tompkins, asked.

"If he didn't give consent, we would've secured the residence and obtained a search warrant," Kinney said.

This testimony strongly suggests that DEA agents intended to enter the house and search for drugs without a warrant.

Belatedly realizing the incriminating implications of his testimony, Kinney then offered another alternative, claiming the plan was to apply for a warrant only if the DEA found meth in Huskisson's home -- and if Huskisson had refused consent to search.

At this point, Huskisson's attorney seized the moment to pounce on Kinney.

"So, if you didn't get consent you was going to start the process of obtaining a warrant?" Tompkins asked incredulous.

https://stopthedrugwar.org/files/judge-jane-magnus-stinson.jpg
Judge Jane Magnus Stinson
"Yes," Kinney replied.

"So, no part of the plan was to obtain a warrant prior to entry into Huskisson's residence?" Thompson asked, again.

"That's correct, yes," the investigators' replied.

Despite the testimony about the warrantless search, US District Court Judge

Jane Magnus-Stinson ruled against throwing out the evidence against Huskisson, holding that independent source doctrine in essence trumped the Fourth Amendment.

On Appeal

Based in part on the evidence developed through the warrantless search, Huskisson was convicted and sentenced to 20 years in federal prison in 2017. Both men arrested with Huskisson on February 6, 2016, were also convicted and sent to prison. Huskisson's lawyers immediately appealed his conviction.

Filing a counter appeal, government prosecutors argued that the issuance of the warrant after the illegal entry of Huskisson's home by (DEA Agents) was based on an independent source for the meth evidence, thus making independent source doctrine applicable. Independent source doctrine in criminal cases creates an exception to the Fourth Amendment's exclusionary rule.

Independent search doctrine and the exception to the exclusionary rule was created in a 1988 US Supreme Court case, Murray v. United States (487 U.S. 533), with the opinion authored by arch-conservative jurist Justice Antonin Scalia. In that case, police in Boston had probable cause to stop two vehicles carrying marijuana as they exited a warehouse. Police then forced entry into the warehouse without a warrant and saw several wrapped bales that they suspected were drugs.

After seeing the bales, the officers left the warehouse and got a warrant based on their suspicion that more drugs were stored in the building. But in the affidavit for that search warrant, the police never mentioned that they had already entered the warehouse without a warrant and saw only stacked bales.

Still, Scalia ruled for the police, holding that the Fourth Amendment doesn't require the exclusion of evidence found during a warrantless illegal search if that evidence is also found during a later search with a valid search warrant.

Another case, this one on probable cause for searches, also came into play as appeals court judges pondered the issues before them in Huskisson's case. In 2010, judges of that same 7th US Circuit Court of Appeals held in a case involving drugs stored in an apartment, United States v. Etchins that's even though police illegally entered the apartment without a warrant and without the consent of the resident and remained in the apartment until a warrant was issued hours later, that "because the officers' search relied on a later-arriving warrant based on information sufficiently unrelated to the initial entry, the evidence discovered in Etchin's apartment was untainted by the officers' illegal behavior. "We therefore conclude that the district court properly denied the defendants' motions to suppress and, finding no error in the sentences imposed, we affirm."

Even as it denied Etchins' appeal, the appeals court conceded that "we do not doubt that the officers' warrantless entry violated the Fourth Amendment, but probable cause existed to search Etchins' apartment when officers unlawfully entered the first time. Therefore, the evidence discovered in Etchins' apartment was untainted by the officers' illegal behavior."

Relying mostly on Murray, but also on Etchins, on June 5th 2019, the 7th Circuit found that although Drug Enforcement (DEA) agents should've obtained a search warrant prior to entering Huskisson's home to get the dope, yet the panel insisted the unlawful evidence was still admissible under independent source doctrine, and that prior probable cause had already been established, tilting their decision in favor of the police.

The 7th Circuit concluded that prior evidence of police informant Anthony Hardy's initial admissions to DEA agent Michael Cline about his drug-dealing history with Huskisson, including Hardy's nine phone calls to Huskisson to set up the meth deal including Hardy's pre-bust signal to Cline at the scene were sufficient for probable cause prior to the officers entering Huskisson's home.

Paul Huskisson, currently serving 20 years at FCI Lexington. (Facebook)
Another key point the justices took into consideration was Hardy's story of drugs he saw in Huskisson's house after Hardy arrived, which, taken together, justified the resort to independent source doctrine because the DEA had already established probable cause against Huskisson without a warrant in hand.

"Though the government should not profit from its bad behavior, neither should it be placed in a worse position than it would otherwise have occupied," the panel held.

These same judges weren't even swayed by the glaringly inconsistent statements made by the police sergeant who testified agents planned to search Huskisson's house without a warrant even if he refused to consent to a search. Rejecting

Huskisson's appeal, the justices affirmed his conviction on federal drug charges in Indianapolis as result of the DEA investigation.

In effect, the appeals court held that police had established probable cause that Huskisson was dealing drugs, so the illegal search was okay. But probable cause should only give law enforcement the ability to obtain a search warrant, not give the police automatic permission to enter someone's home without one.

Still, the panel was critical of the DEA. "We do not condone this illegal behavior by law enforcement; the better practice is to obtain a warrant before entering a home. Ordinarily, the evidence found here would be excluded. But, because the government had much other evidence of probable cause, and had already planned to apply for a warrant before the illegal entry; therefore, the evidence is admissible."

Troubling Precedents

Legal scholars and defense attorneys are troubled by the line of cases that resulted in allowing illegally seized evidence to be used in criminal prosecutions.

"There are so many examples of police taking advantage of loopholes in Supreme Court doctrines that it must be incentivizing police in some cases to conduct illegal searches where they would otherwise seek a warrant," Ryan W. Scott, professor at Indiana University Maurer School of Law in Bloomington, told the Chronicle.

Washington, DC-based criminal defense attorney and appellate expert Steve Leckar, explained how the problem is rooted in the 1988 Supreme Court decision in Murray.

"Here's the problem," Leckar told the Chronicle. "In Murray, the US Supreme Court said independent source doctrine can be used."

Professor Scott concurred in pointing to Murray.

"The Supreme Court's answer in Murray was that police ( like the agents in Huskisson's case) still should prefer to obtain a warrant up front because then the police wouldn't have to bear the additional burden of establishing that both the showing of probable cause and their decision to seek a warrant were totally independent of the evidence the police recovered," he said.

Attorney Leckar said the line of decisions is deeply concerning. "This ruling gives police a green light to enter homes unannounced without a warrant, with the risk of confronting armed citizens," he noted. "Decisions like this allow the police to bust into people's homes' willy-nilly with little fear of being held accountable in a civil lawsuit," Leckar added.

He also worries that as officers become more aware of how independent source doctrine can be used to get around the exclusionary rule, they may be incentivized to create a story filled with half-truths to create questionable probable cause in order to make a warrantless entry into a person's residence or place of business.

Leckar was also critical of the appeals court panels' reasoning. "The problem with this court's decision is the belief the police shouldn't be put in a worse position, but the fact of the matter is the officers identified no reason that prevented them from getting a warrant within a timely manner," he argued. "They said they were going to get a warrant, but that's easy to say. What evidence was there of that?"

"Why bother getting a warrant right away if you can just conduct the search illegally, confirm that you were right, and then get the evidence admitted anyway?" Professor Scott added. "To be clear, independent source doctrine affects only the admissibility of evidence; it doesn't mean the police are legally free to enter the homes of suspected drug dealers without a warrant," he explained.

Huskisson is appealing to the US Supreme Court. Its his last hope, but his prospects there are cloudy at best.

Journalist Clarence Walker Jr. wishes Drug War Chronicle readers and everyone a safe, wonderful, blessed Christmas and prosperous New Year in 2020.

Any comments? Reach Clarence Walker at: [email protected]

This Week's Corrupt Cops Stories

A West Virginia narc goes down for stealing heroin from the evidence room and giving it to his snitches, a New Jersey federal prison guard gets caught in a years-long smuggling scheme, and more. Let's get to it:

In Houston, a Harris County Sheriff's Office detention officer was arrested Sunday on a variety of drug charges. Officer Jason Flores, 19, came to work in possession of methamphetamine and Xanax and is now charged with five felonies, including manufacture and delivery of a controlled substance, possession with intent to deliver a controlled substance, and possession of a prohibited substance in a correctional facility.

In Newark, New Jersey, a federal prison guard pleaded guilty last Thursday to taking cash bribes to smuggle drugs to prisoners at the Federal Correctional Institution at Fort Dix. Paul Anton Wright, 34, admitted smuggling tobacco, synthetic cannabinoids, and suboxone into the prison for four years and also admitted taking as much as $50,000 in bribes, which he agreed to forfeit as part of his plea agreement. He'll be sentenced in February.

In Clarksburg, West Virginia, a former Harrison County sheriff's deputy was convicted last Friday of distributing heroin to confidential informants. Timothy Rock, 41, who worked for the department's Street Crimes and Drugs Unit, had already been found guilty in state court on 18 counts related to falsifying documents to cover up his theft of heroin from the evidence room to provide to his informants, but then was indicted on the federal charges. At trial, he was convicted of four counts of distribution of heroin. He's looking at up to 20 years in prison on each of the heroin counts.

 

Montana Prosecutor Calls for "Immediate Crackdown" on Pregnant Drug and Alcohol Users [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Taking the war against pregnant women to a whole new level, a Montana prosecutor called this week for an "immediate crackdown" on women who use drugs or alcohol while pregnant; urged friends, family members, health care providers, and even strangers to turn in women they suspect to authorities; and warned drug- or alcohol-using pregnant women to "immediately self-report" to state health authorities to avoid criminal prosecution.

On the Crow Reservation, Big Horn County, Montana (Wikimedia)
Even though there is zero scientific evidence supporting policies of coercion and punishment directed to pregnant women, some jurisdictions, mainly in the South, have taken to prosecuting women who give birth to children with drugs in their system. That's not good enough for Big Horn County Attorney Gerald "Jay" Harris, who has concocted a toxic brew of anti-abortion and war on drugs ideology, along with a nice dollop of real world racial disparity, to call for prosecuting women while they are still pregnant -- and to go after them if they seek abortions to avoid prosecution.

In a Thursday press release, County Attorney Harris announced the crackdown, saying he will seek protection orders restraining pregnant women from any non-medically prescribed use of illicit drugs or alcohol, and those who violate the orders will be jailed to "incapacitate" them.

"It is simply not satisfactory to our community that the protection of innocent, unborn children victimized in this manner and subject to a potential lifetime of disability and hardship relies exclusively on social workers removing the child from the custody of the mother at birth," Harris explained. "This approach is not timely and has not proven to be a sufficient deterrent to this dangerous, unacceptable behavior and will no longer be the state's policy in Big Horn County."

Big Horn County, home to the Crow and Northern Cheyenne Native American reservations, is 60% Native American and only 33% white, including County Attorney Harris.

Harris called on both the reservations and other prosecutors in Montana to join him in his crusade, which National Advocates for Pregnant Women (NAPW) described in a statement as a "reckless call to hunt down pregnant women." The advocacy group said it was "shocked by this attack on the health, liberty, and basic human rights of women in Big Horn County."

Harris's statement "irresponsibly promotes medical and scientific misinformation, promotes an environment of fear and reflects a shocking disregard for the rights and well-being of women and families, NAPW charged.

NAPW warned that Harris has no legal authority to carry out such a policy, saying enforcement would violate state and federal law. It also had a heads-up for potential busy-bodies: "People who heed the prosecutor's call to report pregnant women and violate patient privacy and confidentiality may themselves be subject to legal action," the group advised.

As NAPW noted, policies of coercion and punishment directed at pregnant women are actually counterproductive. Such policies discourage them from seeking prenatal health care and may even drive some to seek abortions to avoid arrest. And this is where Harris's anti-abortion politics and view of women as essentially little more than incubators rears its head.

"In the event an expecting mother chooses to abort an unborn child instead of refraining from drug or alcohol use and litigation extends beyond our local courts, we trust Attorney General Fox will make the right decision on behalf of all Montanans and continue this fight to the extent necessary to ensure justice is afforded to the most vulnerable of our society," he warned.

The NAPW, for its part, is cautioning women against "self reporting" to government agencies that could incarcerate them and is further urging "every medical and public health provider in Big Horn County to immediately oppose this dangerous, unethical, and counterproductive policy." It is also encouraging everyone who supports the health, dignity, and human rights of pregnant women to contact Harris "to let him know you oppose this outrageous action."

Harris thoughtfully provided his office phone number on his press release. It is (406) 665-9721.

Chronicle AM: Organic Foods Group Disses Kratom, DPA Releases Opioids Plan, More... (12/7/16)

An organic foods group says allowing kratom would be "dangerous," the Drug Policy Alliance comes out with a plan for heroin and prescription opioids, Iowa shuts down its asset forfeiture unit, and more.

The Natural Products Association says allowing kratom would be "dangerous." (Creative Commons/Wikimedia)
Marijuana Policy

Virginia Marijuana Arrests Plummet. Marijuana arrests have dropped 14% in the state over the past two years, the largest decline this century, and they appear headed for further declines this year. Changes in prosecutorial priorities appear to be behind the fall, with some prosecutors saying they need to husband their resources for felony prosecutions.

Heroin and Prescription Opioids

Drug Policy Alliance Releases Public Health and Safety Plan to Address Problematic Opioid Use and Overdose. The Drug Policy Alliance, the nation's leading proponent of drug policy reform, is releasing a plan to address increasing rates of opioid use and overdose (now the leading cause of accidental death in the United States). The plan marks a radical departure from the punitive responses that characterize much of US drug policy and instead focuses on scientifically proven harm reduction and public health interventions that can improve treatment outcomes and reduce the negative consequences of opioid misuse, such as transmission of infectious diseases and overdose. The plan has 20 specific recommendations, including establishing safe injection sites, moving ahead with prescription heroin (heroin-assisted treatment), and embracing Law Enforcement Assisted Diversion (LEAD) to keep people out of the criminal justice system and bring them in contact with social services.

Kratom

Natural Products Association Says Allowing Kratom Would Be "Dangerous." The largest trade group representing the organic and natural foods industry and dietary supplements makers has commented on the DEA's proposed ban on kratom, saying that "adding kratom to the US food supply could likely be dangerous and lead to serious unintended consequences." Kratom products have not met the strict standards for new items to be marketed to the public or undergone FDA approval, the group said. "Adding an untested and unregulated substance such as kratom to our food supply without the application of longstanding federal rules and guidelines would not only be illegal," said Daniel Fabricant, PhD, NPA's CEO and executive director. "It could likely be dangerous, leading to serious unintended consequences as our nation struggles with the crisis of opioid addiction."

Asset Forfeiture

Iowa Disbands State Asset Forfeiture Team, Returns $60,000 Taken From Travelers. Under increasing fire over asset forfeiture practices that saw a thousand seizures a year, the state Attorney General's Office announced Monday that the Department of Public Safety had disbanded its Interstate 80 drug interdiction and forfeiture team. The move came because of increased personnel demands and the need to focus on reducing traffic deaths, the office said, and had nothing to do with the recently announced settlement of a lawsuit brought by a pair of California gamblers who had $100,000 seized after they were stopped and a small amount of marijuana was found. That settlement resulted in the men getting most of their money back.

Law Enforcement

Justice Department Probing Possible Criminal Charges Over Atlanta DEA Informants. A DEA official told a congressional committee last week that the agency has referred "potential criminal charges" to the Justice Department over an Atlanta DEA supervisor who allegedly was in sexual relationships with two informants, one of whom was paid $212,000 for helping to bust four St. Louis drug traffickers. There are allegations of false documentation of payments to the snitch, who got $2,500 a month for two years, along with two "bonuses" of $55,000 and $80,750. The monthly payments apparently covered the rent for apartment near the DEA supervisor's home in the Atlanta metro area.

Chronicle AM: Houston Decriminalizes, Detroit Tightens Snitch Procedures, More... (12/28/14)

America's fourth largest city decriminalizes on Friday, Detroit tightens up on police use of paid snitches, a federal judge in Denver is hearing a pot banking case, and more.

Decrim comes to Houston this weekend. (wikimedia/spacecaptain)
Marijuana Policy

Denver Federal Judge Hears Marijuana Banking Case Today. US District Court Judge R. Brooke Jackson is hearing arguments today in a case filed by Fourth Corner Credit Union against the Federal Reserve Bank's Kansas City branch. The credit union was designed to serve the legal marijuana industry, but the Fed rejected its application, so the credit union sued in July. It is asking the court to force the Fed to accept its application. There is no deadline for issuing a decision.

Decriminalization Coming to Houston on Friday. Beginning this weekend, Harris County will not charge first-time marijuana possession offenders, instead diverting them into the county's First Chance Intervention Program. People diverted instead of arrested will have to pay a $100 fee and engage in either eight hours of community service or eight hours of "cognitive class." Harris County is the nation's third most populous.

Medical Marijuana

Michigan Bill Would Bar Employers From Firing Patients. Rep. Jeff Irwin (D-Ann Arbor) and Rep. Sam Singh (D-East Lansing) have filed House Bill 5161 to protect the employment rights of medical marijuana patients. The bill would protect patients with registration cards, but they could still be fired if their marijuana use interferes with their job performance.

Law Enforcement

In Wake of Scandal, Detroit Cops Rein in Use of Paid Snitches. After a police corruption case in which Detroit narcs ripped off drug dealers and used informants to sell their stashes, the Detroit Police have tightened the rules on the use of paid snitches. Now, individual officers have to get permission from supervisors to use someone as a snitch, they must follow departmental rules for the use of informants, and they can't cut informal plea deals with potential snitches, among other changes.

Chronicle AM: Naloxone News in NC & NYC, DC Pot Social Club Fight, CO Pot Tourism, More (12/10/15)

Legal weed is drawing tourists to Colorado, DC activists fight for pot clubs, a federal appeals court rules that all students at a technical college can be subjected to drug testing, there's naloxone news from New York City and North Carolina, and more.

NCHRC reports 1,500 overdoses prevented with Naloxone in 2 1/2 years.
Marijuana Policy

Legal Marijuana is Boosting Colorado Tourism. Pot businesses have long claimed as much, and now they have some solid evidence. A Colorado Tourism Office study released Wednesday shows that the state's marijuana laws influenced nearly half (49%) of decisions to vacation in the state. Some 22% of survey respondents said marijuana was "extremely influential" in their decision to visit Colorado. Twenty percent said it was "very much influential" and nearly 7% said it was "somewhat influential."

DC Activists Fight Back Against Bill That Would Ban Pot Clubs. The city council is today hearing a bill that would make permanent a ban on businesses allowing patrons to smoke marijuana on premises, but that's not sitting well with the people who got weed legalized in the District. "It's unnecessary. The current law prohibits any venue from selling marijuana or promising marijuana in exchange for admission. But what they're doing with this bill is banning any kind of use of use outside the home. There's a big problem with that, because there are lots of people who have nowhere to use their cannabis," said Adam Eidinger, the man behind the District's successful 2014 legalization initiative. Eidinger is warning that if the council passes the bill, he could push more ballot initiatives, including one allowing marijuana to be treated like tobacco and one that would impose term limits on council members.

Illinois Lawmaker Files Decriminalization Bill. Rep. Kelly Cassidy (D-Chicago) announced today that she is filing House Bill 4357, which would make possession of up to 10 grams a civil offense punishable only by a fine. A similar bill passed earlier this year only to be vetoed by Gov. Bruce Rauner (R), who proposed amendments to it at the time of his veto. The new bill addresses those amendments.

Michigan Legalization Campaign to Extend Signature Gathering. MI Legalize is extending its signature gathering campaign and turning to paid circulators to qualify for next year's general election ballot. Under state law, petitioners have 180 days to gather signatures, but that is a clock that runs backward from the time signatures are actually turned in. The campaign's original turn-in date was December 21, but it will now go longer. That means early gathered signatures may not be counted. For example, if the campaign turned in signatures on January 21 instead of December 21, the first 30 days' worth of signatures would not be counted, but more recent signatures would.

Medical Marijuana

Georgia Medical Marijuana Commission Rejects Growing It In-State. The Commission on Medical Cannabis voted 9-5 against allowing medical marijuana to be grown in the state, but the main proponent of expanding the program, Rep. Allen Peake (R-Macon) said he was still optimistic he can get in-state cultivation approved. "I think we can still make a compelling argument to the governor," Peake said. "I think we can address the fears of law enforcement. I think we can address the issue of potential demand. I'm absolutely certain we can provide legislation that both maximizes the benefit for our citizens and minimizes the risk to public health in our state."

Missouri Medical Marijuana Initiative Approved for Circulation. Secretary of State Jason Kander (D) has approved a medical marijuana initiative for signature-gathering. Read the initiative here.

Drug Testing

Federal Appeals Court Rules Missouri College Can Drug Test All Students. The 8th US Circuit Court of Appeals in St. Louis ruled Monday that the Linn State Technical College can require all students to take drug tests. The appeals court decision overturns a federal judge's 2013 decision that the college could only drug test students in five particularly safety-sensitive programs. The school policy had been challenged by the ACLU of Missouri, which said such widespread, suspicionless drug testing violated the Fourth Amendment.

Harm Reduction

New York City Makes Overdose Reversal Drug Naloxone Available Without a Prescription. Mayor Bill de Blasio (D) announced Monday that the opioid overdose reversal drug naloxone (Narcan) will now be available without a prescription in pharmacies in the city. "The deaths are what we all struggle to avoid… but that's just the tip of the iceberg," de Blasio said during his announcement at a YMCA. "For every death, there are literally hundreds who struggle with addiction."

North Carolina Sees 1,500 Lives Saved With Overdose Reversal Drug Naloxone. In just under 2 ½ years, more than 1,500 overdose deaths have been prevented with the use of the overdose reversal drug naloxone (Narcan), the North Carolina Harm Reduction Coalition reported today.

Law Enforcement

Rep. Steven Cohen Rips Use of Student Snitches. In the wake of a 60 Minutes report last Sunday and earlier reporting by Reason, Rep. Steve Cohen (D-TN) ripped into the practice of using nonviolent, first-time drug offenders as confidential informants. "It's time for the Department of Justice to take a close look at how the behavior of confidential informants not only threatens to ruin young lives, but in some cases, end their lives," he said, adding that he intends to file reform legislation.

International

Scotland To Begin Ticketing, Not Prosecuting, People With Pot. Starting next month, Scottish police will issue warnings to people caught with marijuana rather than prosecuting them. The move is part of a broader effort to change how police deal with petty crime, freeing them up to deal with more serious offenses.

Chronicle AM: Canada Still Legalizing Weed, GAO Rakes Drug Czar Over Drug War Failures, More (12/7/15)

Canada reiterates its intent to legalize pot, there's strong support for expanding medical marijuana in Georgia, the GAO reports that federal drug policy goals are not being met, and more.

Oh, Canada.
Marijuana Policy

Massachusetts Doctors Oppose Legalization. Doctors with the Massachusetts Medical Society voted over the weekend to reaffirm their opposition to marijuana legalization. The move comes as a legalization initiative appears poised to go before voters next year. The doctors voted to continue their opposition to legalization, a policy first adopted in 1997, and also urged that if legalization were to occur, people under 21 should be barred from use.

Medical Marijuana

Georgia Poll Finds Strong Support for Expanding Medical Marijuana Law. Under current Georgia law, people with certain illnesses are allowed to use medical marijuana, but it can't be grown or produced in the state. A new poll has 84.5% of respondents supporting expanding that law to allow for in-state cultivation with strict regulation. Rep. Allen Peake (R-Macon) has sponsored legislation that would do just that.

Illinois Tells Patients They Can't Be Gun Owners, Then Retreats. Illinois state police sent letters to a handful of patients saying their firearms cards were being revoked, but now say the letters were sent in error. Patients remain skeptical.

Drug Policy

GAO Says National Drug Policy Goals Not Being Met. In a report released today the Government Accountability Office (GAO) found that the Office of National Drug Control Policy (ONDCP -- the drug czar's office) and other agencies "had not made progress toward achieving most of the goals in the 2010 National Drug Control Strategy (the Strategy) and ONDCP had established a new mechanism to monitor and assess progress. In the Strategy, ONDCP established seven goals related to reducing illicit drug use and its consequences to be achieved by 2015. As of March 2013, GAO's analysis showed that of the five goals for which primary data on results were available, one showed progress and four showed no progress. GAO also reported that ONDCP established a new monitoring system intended to provide information on progress toward Strategy goals and help identify performance gaps and options for improvement. At that time, the system was still in its early stages, and GAO reported that it could help increase accountability for improving progress. In November 2015, ONDCP issued its annual Strategy and performance report, which assess progress toward all seven goals. The Strategy shows progress in achieving one goal, no progress on three goals, and mixed progress on the other three goals. Overall, none of the goals in the Strategy have been fully achieved."

Law Enforcement

The Sickening Use of Young People as Confidential Informants in the Drug War. "Supporters of the drug war often claim that we need to wage this unwinnable war to "protect" young people. 60 Minutes ran an explosive piece last night showing one of the many ways that the war on drugs actually endangers young people: the sickening use of young students as confidential informants," writes the Drug Policy Alliance's Tony Newman. Click on the link for the whole piece.

International

Canada's New Liberal Government Reiterates Vow to Legalize Marijuana. In the annual throne speech last Friday, Governor General David Johnson reiterated Prime Minister Justin Trudeau's plans to legalize marijuana. The effort should get moving once parliament is back in session.

Chilean President Removes Marijuana From Hard Drug List. President Michelle Bachelet has signed an order removing marijuana from the country's list of hard drugs and authorizing the sale of marijuana-derived medicines in pharmacies. Marijuana production and distribution remain criminal offenses, but the Congress is expected to discuss wider reforms of the drug laws early next year.

Drug War Issues

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