It's crunch time for those marijuana initiatives, Dallas will quit making small-time pot arrests, Colorado's governor disses the voters, Pennsylvania's medical marijuana bill is stalled, and more. Let's get to it:

Marijuana Policy

Dallas to Quit Arresting People for Small-Time Marijuana Possession. Starting in January, police in Dallas County, Texas, will only ticket -- not arrest -- people caught in possession of two ounces or less of marijuana. But those cited will still face misdemeanor charges, a fine of up to $2,000 and up to six months in jail (though that is rarely the case). The state legislature in 2007 voted to allow jurisdictions to implement cite-and-release, but only a handful of locales in the state have exercised that option.

Legalization Initiative Campaign Kicks Off in Lewiston, Maine. The campaign to legalize marijuana locally through ballot initiatives in Lewiston and South Portland, Maine, kicked off its final month of electioneering with a rally today in Lewiston. The effort is led by the Marijuana Policy Project and is part of a plan to legalize the herb statewide in the near future. Portland, the state's largest city, passed a similar initiative last year.

Rick Steves Hits the Road for the Oregon Legalization Initiative. The charming and mild-mannered PBS travel show host is kicking off a 9-stop tour in support of Measure 91. Steves, who lives in next-door Washington state, also played a critical role in that state's successful 2012 legalization initiative.

DC Council Votes to Strengthen Law to Seal Records for Past Marijuana Arrests. The DC Council voted unanimously today in favor of a bill that would improve the process by which a person can seal criminal records pertaining to conduct that has since been decriminalized or legalized. The council is expected to take a final vote on the bill in late October and it will then go to Mayor Vincent Gray for his review. The council decriminalized marijuana possession earlier this year, and the Measure 71 possession and cultivation legalization initiative appears poised to pass in November.

Colorado Governor Says Voters Were "Reckless" to Legalize Marijuana. Gov. John Hickenlooper (D) said during a campaign debate with Republican challenger Bob Beauprez that Colorado voters were "reckless" for voting to legalize marijuana. "Any governor that looks at doing this before we see what the consequences are, I would view it as reckless," he said. But what about voters who voted for it? "I think for us to do that without having all the data, there is not enough data, and to a certain extent you could say it was reckless. I'm not saying it was reckless because I'll get quoted everywhere, but if it was up to me I wouldn't have done it, right. I opposed it from the very beginning. In matter of fact, all right, what the hell -- I'll say it was reckless." Hickenlooper may call voters "reckless," but he has overseen the good faith implementation of the voters' will. Beauprez opposes marijuana legalization.

Medical Marijuana

Pennsylvania Medical Marijuana Bill Appears Stalled in House. The state Senate last month passed a restrictive medical marijuana bill, Senate Bill 1182, but even that appears to be too much for the Republican-controlled House. Spokesmen for House Majority Leader Mike Turzai (R-Allegheny County) said the body wants to carefully study the bill, including holding public hearings. That means there is virtually no chance it will come to a vote this session. But some Democrats have some legislative maneuvers planned, including trying to attach it to another bill, so stay tuned.

Law Enforcement

Grand Jury Fails to Indict Cops in "Baby Bou Bou" Georgia SWAT Raid. A grand jury in Habersharm County has decided against charging any police officers in a botched drug raid in which a toddler was severely injured by a flash-bang grenade thrown by a SWAT officer. "Baby Bou Bou" Phonesvanh's nose was nearly blown off his face and he spent weeks hospitalized after the raid, in which no drugs were found and no one was arrested. The county has also refused to pay the child's medical bills. Look for a civil suit to come.

DEA Agent Set Up Fake Facebook Page in Woman's Name Without Her Consent. A DEA agent investigating a drug case took over a woman's identity, creating a fake Facebook page in her name and posting racy photos from her seized cell phone. The woman was a minor player in a drug case and didn't know her identity had been commandeered until friends asked her why she was posting racy photos. The woman hadn't even set up a Facebook page of her own. DEA Agent Timothy Sinnigen set up the fake page and used it to communicate with at least one drug suspect. Now, the Justice Department is arguing in federal court that it was perfectly okay for him to do so. Click on the link to read the whole sordid tale.

Sentencing

Ten Percent Drop in Federal Prison Sentences of a Year or More. The Transactional Records Access Clearinghouse (TRAC) at Syracuse University reports that the number of federal prison sentences of a year or more has dropped by 10% over the past five years. Only about one in four people convicted of federal crimes received sentences of greater than a year. Drug offenders accounted for nearly one-third (32.4%) of them. The TRAC data doesn't specify whether this figure has gone up or down in the past five years.

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

A Colorado legislative panel wants to tighten up on medical marijuana, a South Carolina legislative panel studies medical marijuana, the CDC says heroin overdoses are up, a North Carolina county engages in more drug war same old-same old, and there's news from Mexico, too. Let's get to it:

Medical Marijuana

Colorado Lawmakers Want to Crack Down on Medical Marijuana. A state legislative panel, the Marijuana Revenues Interim Committee, yesterday recommended filing legislation that would tighten up the medical marijuana caregiver system and clarify that local governments can collect taxes on recreational marijuana. The bill would require all primary caregivers to register with the state. Officials fear that their inability to track caregiver grows under the present system is helping the black market. The bill would limit caregivers to six plants per patient and limit patients to one caregiver. Medical marijuana supporters questioned why a committee charged with revenue issues was concerning itself with medical marijuana laws.

South Carolina Medical Marijuana Panel Meets Today. A joint legislative panel studying the uses of medical marijuana in the state is meeting at the Medical University of South Carolina today. It's the first of three meetings to be held around the state to gather information. The state last year approved a CBD cannabis oil bill; these meetings are designed to help lawmakers gather information and refine the state's marijuana and hemp laws.

Heroin and Prescription Opiates

CDC Report Says Heroin Overdose Death Rate Doubled. A new report from the Centers for Disease Control and Prevention finds that the heroin overdose death rate doubled between 2010 and 2012 in the 28 states covered in the report, but that twice as many people died from prescription opiate overdoses. The study says two things appear to be driving the increase in heroin overdoses: widespread exposure to prescription opiates and increasing rates of opiate addiction, and easier availability of heroin. Click on the link for more details.

Law Enforcement

Craven County, NC, Makes Penny-Ante Drug Roundup. After a "two-month investigation," the Craven County Narcotics Unit and the New Bern Police Narcotics Unit (CNET-the Coastal Narcotics Enforcement Team) rounded up 16 drug suspects this week, but the charges are less than impressive. Of the 16 people arrested in the big bust, five were charged only with possession of drug paraphernalia (which was also tacked onto nearly everyone else's charges, too), two were charged solely with failure to appear in court, and one was charged with possession of marijuana in jail. Five were charged with "possession with intent to sell" various drugs and one with "possession with intent to sell" marijuana. One person was charged with possession of meth precursors. Of the 16 arrested, only one was arrested on an actual drug trafficking charge.

International

Mexican Special Forces Grab Beltran-Leyva Cartel Head. Hector Beltran Leyva, head of the Beltran Leyva cartel since his brother Arturo was killed by Mexican marines in 2009, was captured at a San Miguel de Allende restaurant yesterday. It's another coup against the cartels for the government of President Enrique Pena Nieto, which has also captured Sinaloa cartel head Joaquin "El Chapo" Guzman and at least two leaders of the feared Zetas cartel.

Three Mexican Soldiers Charged With Murder in Massacre of 22. Mexican Attorney General Jesus Murillo Karam announced late Tuesday that three soldiers have been charged with homicide in the shooting deaths of 22 people killed in Mexico state on June 30. The military originally said they were cartel members who died in a shoot-out with troops, but witnesses described them being executed after surrendering. Just last week, the Defense Ministry had charged eight of the soldiers with crimes against military justice.

special to the Chronicle by Clarence Walker, [email protected]

Part II of his series on ATF Fake Drug Stings Across America.

During the 1980s, Miami was a rich, glittering, southern city, awash in cocaine, and all sorts of other illegal drugs. The drug scene was so heavy and dangerous, its real-life drama inspired the popular Miami Vice TV series and the classic movie Scarface, as well as the more recent Cocaine Cowboy, an award-winning documentary based on the city's cocaine trafficking scene.

Today, Miami is no longer in the spotlight, but the drug business is still booming. And now there's a new twist: Law enforcement has made the dangerous world of the illicit drug trade even more dangerous by creating schemes to deceive would-be players into robbing drug trafficking stash houses that don't exist, setting up confrontations between robbers and police or robbers and homeowners over crimes cooked up by law enforcement itself.

The "fake robbery sting" is the brainchild of the Bureau of Alcohol, Tobacco & Firearms (ATF), and the pro-active tactic has proven wildly popular, with state and local law enforcement agencies across the country engaging in the stings, particularly in the inner cities. In Miami, the results have included the mass killings of suspects by police SWAT teams under highly questionable circumstances.

A 2011 "fake robbery sting" that left four people dead -- including a police informant -- gunned down by a Miami-Dade SWAT team, has brought the program into harsh relief. Tricked by an informant into believing the residence was loaded with marijuana and large amounts of cash, the four men showed up armed and wearing ski masks.

SWAT officers shot and killed all four of them, including informant Rosendo Betancourt-Garcia, 39, an ex-con who helped police set up the sting. Also killed by police were Roger Gonzalez-Valdez Sr., age 52, Jorge Lemus, 39, and Antonio Andrew, 36.

A fifth suspect Gonzalez-Valdez Jr., the son of Roger Gonzalez-Valdez Sr., was the only survivor. Police arrested him at the scene in the getaway vehicle, an Cadillac Escalade located outside the targeted residence. Gonzalez- Valdez Jr. later pled guilty to a litany of brutal home invasion robberies and got 27 years in federal prison.

Prosecutors investigated the killings, but got little cooperation from the SWAT team. Of the 11 officers involved in the mass killing, only four -- one from each fatal scene -- agreed to give statements to investigators, and only as long as no prosecutors were present. The other seven officers refused to give statements.

Prosecutors decided not to prosecute any of the police involved, making it clear as they did that they were frustrated by their inability to bring charges and that they believed serious police misconduct was involved. Especially damning to police was the State Attorney's Office (SAO) memorandum on the resolution of the case. The SAO report found one killing justified, but barely minced words about the rest of the lethal operation and police cooperation with investigators:

"Due to a number of unusual, counter-intuitive, suspicious and/or disturbing factors present in the other three shootings, we cannot state definitively that those shootings were legally justified. Nevertheless, because we do not have evidence beyond a reasonable doubt to disprove the version of events given by the three officers and are thus compelled to accept their testimony as truthful [bolding and italics in original],… there is insufficient evidence to prove an unlawful killing of Rosendo Betancourt-Garcia, Antonio Andrew, or Roger Gonzalez-Valdez Sr. by any of the other 10 officers involved in the events of June 30, 2011."

That claim of legal compulsion drew a scoffing rebuke from Jeanne Baker, an attorney for the ACLU of Florida. "There's no rule of law that says that the prosecutors when evaluating a case are compelled to accept as truthful the testimony of the subject of the investigation," she told Miami NBC 6 News.

The SAO report further accused the officers of lying to investigators, moving dead bodies, and possibly planting evidence. The shootings were so disturbing that the State Attorneys went so far as to say "the officers weren't necessarily innocent."

The prosecutors' outrage was palpable, but what really lit up the city was the release by NBC 6 News of a video tape from a police helicopter's infrared camera that showed a replay of the men shot multiple times, although it appeared the men had not fired a shot at the officers and actually had surrendered.

Confronted with the now public video evidence, Miami police officials went on the offensive, expressing resentment that NBC Channel 6 got access to the secret police helicopter surveillance video. Miami-Dade Police Director J.D. Patterson asked the State Attorney's Office to investigate how the video tape showing the shootings fell into the hands of reporters.

A police spokesman said the informant, Rosendo Betancourt, defied officers' orders not to go onto the property, and that the officers, hidden in the dark, said it appeared the would-be robbers were trying to reach for weapons.

But consider the case of Gonzalez-Valdez Sr. The one weapon -- fully loaded -- that was allegedly his was located a few yards from where his body was found. Police had shot him 40 times as cowered against a tree in the fetal position. Police did not explain how Gonzalez-Valdez was threatening them with a weapon yards away from him.

Police officials also complained about the release of information in a State Attorney's Office report revealing that Betancourt, had been wearing a well-disguised audio wrist watch to record conversations. Betancourt could be seen wearing the watch during a surveillance video recorded earlier on June 30, 2011, the day of the killings.

Betancourt had been given code words to signal to police that he was their informant, and the audio surveillance from his watch would have showed whether or not he did so. But the audio wrist watch somehow went missing.

"That would've been a critical piece of evidence," said Jose Arrojo, a Chief Assistant at the State's Attorney Office.

Although police managed to thwart any attempt to prosecute them, the taxpayers of Miami-Dade have not been so fortunate. In July, the city agreed to pay $600,000 to the families of three of the men to settle a deadly force lawsuit. Betancourt's family didn't settle, and their lawsuit against the city remains pending.

The Redland sting -- named after the neighborhood where it went down -- remains one of the bloodiest episodes in a city that has seen its share of questionable police killings. And it raises serious questions about police misconduct and impunity.

"Are there questions marks? Of course. There are too many questions marks," State Attorney Katherine Fernandez-Rundle admitted in an interview with Miami's NBC Channel 6.

Fernandez-Rundle said it was reasonable to conclude that based on the evidence that the officers acted with negligence and may have violated proper police procedures by shooting the men, particularly when an analysis of audio recording of the shooting proved "definitely" that six of the officers did not hear a gunshot from one of the dead men, nor did anyone find a rifle belonging to any of the men, as reported by an officer who said Jorge Lemus had a rifle.

Fernandez-Rundle also cited as another factor in her decision not to file charges a Florida appeals court decision that, she said, held "that any violation of police procedures and training is not admissible as evidence in criminal cases."

"The cops violated his civil rights," Jesse Dean-Kluger, an attorney involved in the lawsuit filed on behalf of Antonio Andrew, told the Miami New Times in 2012. Dean-Kluger argued the cops led the men into a scheme to expect an armed confrontation with drug dealers.

Deadly Operation: An Informant Comes Forward

So where did everything began in the first place? While most people snitch to avoid going to prison or for the easy money, police said Betancourt walked into a Miami-Dade robbery detail in June 2011 out of a sense of moral duty. He told a harrowing tale about being "sick and tired" of extreme violence inflicted on victims by a group of brutal home-invasion robbers.

Betancourt said the violence carried out by the men he knew personally included savage beatings, the cutting of one man's scrotum, using a hammer to pound the toes and fingers of the victims, cutting off fingers, and issuing threats to cut off childrens' fingers to force parents to reveal hidden valuables and money.

Police investigators questioned Betancourt as to how he knew so much about the crimes, Betancourt explained the men regularly sold him the stolen goods that were taken during the robberies. He identified Roger Gonzalez Valdez Sr., Jorge Lemus, Antoinio Lewis and Gonzalo-Valdez Jr. -- as the men responsible for the violent robberies Miami-Dade cops were already investigating.

Police developed a scheme to Betancourt as an informant to lure the men into a plot to rob a drug dealer's marijuana stash house in Redland, a suburb of Miami.

Between 8:00pm and 8:30pm on June 30, 2011, the men arrived at the "fake drug house" located at 18930-216th Street SW in Redland. Once the men agreed on an entry plan, they cut through a fence to reach the house -- and as they trudged closer; suddenly, police snipers, hidden among the shadows, armed with Colt M4 Commando assault rifles, stormed out from different directions in the dark to pursue the men who, now aware they'd been set up, scattered throughout the property. It is unclear if the officers commanded the men to "halt," but officers fired upon each suspect.

The first suspect killed, an armed Jorge Lemus, was shot to death while crouching down behind a vehicle. Informant Rosendo Betancourt died next in a hail of bullets. An overhead police helicopter infrared camera captured Betancourt surrendering to police with his hands up in the air. Next, police ordered Betancourt to lie on the ground, and crawl towards the officers. Betancourt complied.

The SAO report stated Sergeant Manuel Malgor then ordered Betancourt to turn over, and at this point, according to Malgor, this is when the informant got blasted 23 times -- just as it appeared to Malgor that Betancourt reached for his gun. Indeed a weapon was found in Betancourt's waistband but the lawyers representing Betancourt's family suspected the police planted the gun.

They had other questions, too. Why didn't Betancourt utter the code word assigned by police: "I'm heading to Disney World -- or help!" And what happened to the missing audio watch that Betancourt was wearing to record conversations between himself, the police and the robbers, a watch that could be clearly seen that he was wearing during the "real time" surveillance -- only a few hours before he was killed.

Aerial video footage did not actually capture Sgt. Malgor and fellow officers shooting Betancourt, thus, the prosecutors said, they "could not disprove the Sergeant's story," but they seriously questioned why the officer did not handcuff Betancourt as he laid on his stomach.

"The police let him down," a family member lamented.

Antonio Andrew was shot a dozen times while lying on the ground. Again, the officers claimed Andrew reached for a gun, although State prosecutors determined the officers gave contradictory orders.

For example, one officer hollered at Andrew, "Don't move your hands, and let me see your hands underneath your waistband." When Andrew obeyed the second command, an officer said Andrew made a quick movement towards his waist area. And this is when officers fired a dozen shots, killing Andrew instantly.

When a NBC Channel 6 reporter asked Assistant State Attorney Don Horn how someone can make a simultaneous move for his waistband -- when an officer said Andrew's hands were already in his waistband, Horn replied in disgust, "I don't know. It made no sense to me."

Even more disturbing, Horn wasn't able to question the officer (why) he gave obvious conflicting commands or ask the officer any other question because the officers, as mentioned earlier, would only speak to investigators if no prosecutor was present.

Roger Gonzalez-Valdez Sr. either dropped or discarded his gun as he tried to flee the scene. Police eventually found Gonzalez cowering at the base of a tree. The officer seen on the released video behind the tree with Gonzalez's "back" to him said in his statement that Gonzalez made a quick move into his waistband, a move that allegedly forced the officers to open fire, striking Gonzalez 40 times out of 50 shots fired.

But prosecutors question whether the officer had a good view of Gonzalez near the tree, as the officer claimed. "Our repeated reviews of the video caused us to question whether the officer... was even in a position to see what he saw," the attorneys wrote.

State prosecutors also said the evidence showed that officers moved Gonzalez-Valdez's body after they shot him dead. Here's why prosecutors suspected this: a black hand-held police radio was found in Gonzalez's hand.

"We have a system of justice that require apprehension, prosecution, conviction and sentencing," said attorney Justin Leto of Miami, who handled the wrongful death lawsuit for Jorge Lemus and Antoinio Andrew. "I don't see any evidence indicating these people needed to be shot on sight," Leto said.

Justin Leto's brother Matthew is representing the Betancourt family in its pending federal lawsuit.

"The police did not take care of Mr. Betancourt like they promised," said Matthew Leto.

That lawsuit appears to be the end of the story. Four men are dead -- gunned down by police in an operation more reminiscent of an elite military anti-terror raid than of what we traditionally think of as civilian law enforcement -- and there is no legal accountability. Impunity is something we criticize in heavy-handed Latin American or Middle Eastern governments, but perhaps we need to look in the mirror.

The House backs off on DC decrim, Maryland awaits medical marijuana draft rules, asset forfeiture is in the news, so is SWAT, Russia says "nyet" to drug legalization, and more. Let's get to it:

Marijuana Policy

House Won't Challenge DC Decriminalization Law. House Republicans yesterday unveiled their continuing resolution for an appropriations bill that includes spending for the District of Columbia, and it doesn't include an amendment adopted by the Appropriations Committee in July that would have barred the District from implementing its recently passed law decriminalizing the possession of small amounts of marijuana.

Colorado Retail Marijuana Sales in July Greater than Medical Marijuana Sales for First Time. The Department of Revenue has reported that July recreational marijuana sales were $29.7 million, compared to $28.9 million for medical marijuana sales. That's the first time recreational sales have surpassed medical sales, which are not subject to the same tax burden on consumers as recreational sales.

Another Poll Finds Coloradans Still Like Their Legal Pot. A new NBC/Marist Poll has found that Colorado's retail cannabis market remains popular among Colorado residents, 55% of whom continue to support the passage and implementation of Amendment 64, the 2012 initiative that legalized taxed and regulated sales to adults. Other recent polls have also showed support hovering in the mid-50s.

Medical Marijuana

Maryland Awaiting New Draft Regulations Today. The Maryland Medical Marijuana Commission was expected to release a second draft of regulations for the state's medical marijuana program today. The first draft came under public criticism last month for, among other things, language that would have barred grows or dispensaries within the Baltimore city limits. That language has been removed. Stay tuned for the actual draft.

Asset Forfeiture

Montana Legislators Plan Asset Forfeiture Reform Bill. Two freshman legislators from Billings, Reps. Daniel Zolnikov (R) and Kelly McCarthy (D) plan to introduce legislation to reform the state's civil asset forfeiture law. The proposed legislation would create a public database on asset forfeiture, require a criminal conviction before forfeiture, protect innocent property-owners from seizures for actions of co-owners, and possibly drop civil forfeiture altogether.

Civil Asset Forfeitures Have Doubled During Obama's Tenure. As part of its ongoing investigative series on asset forfeiture, The Washington Post reports today civil asset forfeitures have more than doubled since President Obama took office. They were at $508 million in 2008, increasing to $1.1 billion last year. Since 2001, police have seized at least $2.5 billion in cash from people never convicted of a crime.

Philadelphia Homeowners Seek Injunction to Block Forfeiture Seizures. A group of homeowners in the city has asked a federal judge to block the city from seizing homes, cars, and other property. The homeowners, who include a couple who lost their home after their adult son sold $40 worth of heroin to an undercover cop, have filed a lawsuit alleging that the city's asset forfeiture practices are unconstitutional. The city conducts more than 6,000 forfeiture actions a year, and local law enforcement is allowed to keep a percentage of the proceeds.

Law Enforcement

Georgia SWAT Raid That Burned Toddler Goes to Grand Jury. A Habersham County grand jury will look into a May SWAT team no-knock drug raid that found neither drugs nor the suspect, but resulted in severe burns and injuries to a 19-month-old toddler when a SWAT team member tossed a flash-bang grenade into his crib. Bounkham "Bou Bou" Phonesavanh was hospitalized for weeks and is still undergoing medical treatment, which the county has so far refused to pay for. DA Brian Rickman said the grand jury will examine both the investigation leading up to the raid and whether anyone should face criminal charges for it. The grand jury goes to work on September 29.

Oregon SWAT Team Arrests Man for Videotaping Drug Raid. Gresham resident Fred Marlow was arrested by police after he refused to stop filming a SWAT raid on a neighbor's home and go inside his own home as ordered. Marlow has uploaded his videotaped exchange with SWAT team members, who accused him of interfering with their operation. When Marlow told police his video was going direct to the cloud, he was then arrested on charges of interference and -- you guessed it -- resisting arrest. Filming in public spaces is not a crime, according to the ACLU, which has a web page on photographers' rights.

International

Key Australian Federal Senator Says Legalize Drugs. Senator David Leyonhelm (LD-NSW) has called for the legalization of both hard and soft drugs as a means of curbing organized crime. He said pot should be sold in supermarkets, while drugs such as cocaine and heroin should be available for purchase from the government.

In Response to Global Commission Report, Russian Drug Agency Rules Out Legalization. Responding to yesterday's release of a new report from the Global Commission on Drugs calling for decriminalization and the regulated sale of drugs, the Federal Drug Control Service said today it rejected the notion, warning that such a move could lead to non-repairable damage to the nation.