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The Five States with the Most Drug Arrests Per Capita (and the Five with the Fewest) [FEATURE]

Thanks to a new report on state-by-state drug issues, courtesy of WalletHub, we now have a good idea which are the most perilous for people who use drugs, whether its marijuana, mushrooms, or methamphetamines. (The report doesn't break down which drugs people were arrested for.)

The Five States with the Highest Rates of Drug Arrests

  1. South Dakota (tie)
  2. Wyoming (tie)
  3. South Carolina (tie)
  4. North Dakota
  5. Mississippi

We have a three-way tie for worst place and, notably, a clear regional pattern. Three of the top drug arrest states are neighbors in the thinly populated region where the northern plains eventually run into the Rocky Mountains. All are deep red states. The other two are in the heart of Dixie, and are also deep red.

There are more than a million drug arrests in the US each year. Some places are more into it than others, though. (Cr. Commons)
None of these states has legalized or even decriminalized marijuana (North Dakota just decriminalized this month, but it's not in effect yet), which accounts for roughly half of all drug arrests. So there's that, too.

An oft-heard lament of bikers attending the annual Sturgis motorcycle rally in South Dakota's Black Hills is that "you come for a stroll, but leave on parole" (or, in a more optimistic variant, "you come on vacation, but leave on probation"). One reason for that and for the state's number one ranking here is South Dakota"s unlawful ingestion or "internal possession" law, a uniquely regressive andst repressive addition to the drug war armory.

Under that law, anyone who tests positive for drugs is subject to a criminal penalty -- a misdemeanor in the case of marijuana, a felony for other illicit drugs. And state law enforcement routinely seeks drug tests from arrestees. If they refuse to consent, state judges routinely rubber stamp search warrant requests, and law enforcement threatens to forcibly catheterize uncooperative arrestees. Something to keep in mind on your way to Mt. Rushmore this summer.

The law applies even if the drug were ingested elsewhere. Consider that. Someone who lawfully used medical marijuana in neighboring Montana, North Dakota, or Minnesota could come to South Dakota, get hit by a car crossing the street, get drug tested in the hospital, and be arrested for unlawful ingestion under state law. Likewise, someone who smoked marijuana in neighboring Nebraska, where it is decriminalized, could face a stiffer punishment for having pot in his urine in South Dakota than if he had been caught with actual marijuana in Nebraska, where he would just pay a fine.

A bill that would remove unlawful ingestion charges for marijuana died in the legislature earlier this year. A bill to study the unlawful ingestion law, SB 167 has been signed into law this year, but only after it was amended to remove any specific mention of unlawful ingestion. Instead, it sets up a commission to study alternatives to imprisonment for drug offenses.

The Five States with the Lowest Rates of Drug Arrests

  1. Alaska
  2. Massachusetts
  3. Washington
  4. Vermont
  5. Rhode Island

Again, a clear regional pattern emerges. Three of these states are in New England, while the other two are in the Pacific Northwest (stretching it a bit for Alaska). All of them except Alaska are deep blue states.

And all of them except Rhode Island are legal marijuana states. Rhode Island is a decriminalization state. No wonder these states have the lowest drug arrest rates; half of all drug arrests go up in smoke with legalization, or even decrim.

Two of these states -- Massachusetts and Washington -- have Law Enforcement-Assisted Diversion (LEAD) programs, which shunt potential drug arrestees into the public health and drug treatment systems instead of the criminal justice system. That shrinks drug arrest numbers, too.

And it shrinks arrest numbers not only by detouring drug offenders into treatment or social services instead of the courts, but also by producing a much lower future arrest rate among people who have been diverted. In Seattle, where LEAD was first introduced, people in the program were 58% less likely to be rearrested.

So… if you're headed for Mt. Rushmore or Ft. Sumter, you've been warned. Maybe visiting Plymouth Rock or Mt. Denali might be a safer choice.

5 Things We Now Know After 5 Years of Legal Marijuana in Colorado [FEATURE]

It's been five years since the era of legal marijuana sales began in Colorado, and that's been enough time to begin to be able to see what sorts of impact the freeing of the weed has had on the Rocky Mountain State. From the economy and the fiscal health of the state government to law enforcement and public safety, legalizing marijuana has consequences.

Denver's skyline (Creative Commons)
Thanks to marijuana sales reports and tax revenue reports from the state Department of Revenue, as well as a legislatively mandated biennial report from the Division of Criminal Justice, we can see what some of those consequences are.

1. They sure buy a lot of weed in Colorado, and the state's coffers are filling up with marijuana tax revenues. Total marijuana sales in the state were more than $683 million in 2014—the year legal sales began—and have since more than doubled to more than $1.4 billion last year. Since legalization, the amount of legal weed sold in the state has now topped $6 billion. That's created nearly 20,000 jobs, and it has also generated more than $900 million for the state government in marijuana taxes, licenses, and fees. Tax revenues have increased every year since legalization and those dollars help fund public school projects, as well as human services, public affairs, agriculture, labor and employment, judicial affairs, health care policy, transportation and regulatory affairs. Pot revenues still only account for one percent of state revenues, but every $900 million helps.

2. Marijuana arrests are way down, but black people are still getting busted disproportionately. Even though pot is legalized, there are still ways to get arrested on a marijuana charge, such as possessing more than an ounce or selling or growing unlicensed weed. Still, arrests have declined dramatically, dropping by 56 percent during the legalization era. Both possession and sales offenses declined, but arrests for unlawful production were up markedly, reflecting the state's continuing fight to eliminate the black market. The age group most likely to get busted was 18-20-year-olds, who can only legally use or possess marijuana if they have a medical card. They are getting busted at a rate 30 times that of adults. Arrests are way down among all ethnic/racial groups, but black people are still getting arrested for pot at a rate nearly twice that of whites.

3. Legalization has not led to more traffic fatalities. While the number of car drivers in fatal wrecks had marijuana in their systems has increased dramatically, the report notes that “detection of cannabinoid in blood is not an indicator of impairment but only indicates presence in the system.” Marijuana DUIs were up three percent, but fatal traffic accidents involving marijuana-impaired drivers actually decreased by five percent.

4. Use rates are up slightly among adults, but not among teens. The number of adults who reported using marijuana in the past 30 days has increased by 2 percent, with nearly one-fifth of men reporting past month use. That's almost double the number of women reporting past month use. These are high rates of use compared to the nation as a whole, but the state has always had relatively high use rates, even dating back before legalization. (There is a chicken and egg question here: Do Coloradans like to smoke pot because weed is legal or is weed legal because Coloradans like to smoke pot?) But what about the kids? Well, the kids are alright. Marijuana use rates among middle and high school students have been unchanged since legalization, and so have graduation rates.

5. Emergency room visits linked to marijuana increased. Some 575 people presented to hospitals with marijuana-related problems back in 2000, but that number jumped to more than 3,500 by 2016. Emergency room visits and calls to poison control centers were both up. It's important to note, however, that the vast majority of marijuana-related ER visits are related to panic or anxiety reactions and end with the patient eventually calming down and going home. Marijuana ER visits are not life-The rise is also likely a function of new, naive users, especially of edibles, biting off more than they can chew.

Georgia Nightmare: Jailed Four Months for Possession of Cotton Candy [FEATURE]

A Georgia woman has filed a federal lawsuit after she spent nearly four months in jail because a roadside drug test administered by untrained police officers falsely identified a bag of cotton candy as methamphetamine.

Meth or cotton candy? Georgia cops couldn't tell the difference. (Creative Commons)
Monroe County resident Dasha Fincher filed the lawsuit in mid-November against Monroe County, the two deputies who arrested her, and the company that makes the drug test. The lawsuit argues that the Monroe County Sheriff's Office was reckless and negligent and violated her civil rights.

According to the lawsuit, the car Fincher was riding in was pulled over on New Year's Eve 2016 because of a dark window tint, the deputies said, even though they later admitted the windows were legal. Deputies Cody Maples and Allen Henderson spotted a large open plastic bag inside the vehicle, and Fincher explained that it was cotton candy.

The deputies didn't believe Fincher and used a roadside field drug test which they said indicated there was meth in the bag. She was then arrested, hauled off to jail, and charged with meth trafficking and possession of meth with intent to distribute. Her bond was set at $1 million, which she was unable to come up with, so she sat in jail for the next four months.

In March 2017, Georgia Bureau of Investigation lab test results revealed that the substance was not an illegal drug, but Fincher sat in jail for another month before prosecutors finally dropped the charges.

The lawsuit says the drug test is the Nark II, manufactured by North Carolina-based Sirchie Acquisitions. That particular field drug test is known for producing errant results. In Georgia alone, police using the Nark II to field test drugs have wrongfully arrested at least 30 people, including a man with breath mints (positive for crack), a teacher with Goody's Headache Powder (positive for cocaine), and a couple with vitamins (positive for ecstasy).

In all those cases, as in Fincher's, lab test results from the Bureau of Investigation found no presence of illegal substances. But in all those cases, the exonerating results came only weeks or months later, after the harm to innocent Georgians had already been done.

The Nark II is still in wide use in Georgia. The manufacturer, Sirchie, defends itself by saying: "Our NARK presumptive drug tests are presumptive only. All samples should be sent to a crime lab for confirmation." But too many Georgia law enforcement agencies clearly don't bother to wait for confirmation before making life-changing arrests. And the state of Georgia doesn't even require police officers to be trained on how to do the tests. As a result, innocent Georgians are being wrongfully arrested and jailed. And now, perhaps, at least one of these law enforcement agencies, will have to pay for its wrongdoing.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Chronicle AM: NYC Marijuana Busts Way, Way Down; New Federal Fentanyl Sentences in Effect, More... (11/9/18)

New York City marijuana possession arrests plummet (finally), Utah patients will have some legal protection beginning next month, federal fentanyl sentences just increased, and more.

a lethal dose of fentanyl (DEA.gov)
Marijuana Policy

Michigan US Attorneys Warn That Federal Prohibition Remains in Force. In a joint statement released Thursday, US Attorneys for Michigan Matthew Schneider and Andrew Birge warned that even though voters there legalized marijuana on Tuesday, "marijuana continues to be an illegal drug under federal law" and that they "will not unilaterally immunize anyone from prosecution for violating federal laws simply because of the passage of Proposal 1." That said, the federal prosecutors then conceded "our offices have never focused on the prosecution of marijuana users or low-level offenders" and that "as we weigh the interests in enforcing a law, we must also consider our ability to prosecute with our limited resources."

Arrests for Low-Level Marijuana Possession have Decreased 90 Percent Following New NYPD Marijuana Guidelines. Arrests for low-level marijuana possession have plummeted 90 percent since new NYPD marijuana enforcement guidelines took effect in September. There were 151 arrests for low-level marijuana in the entire city of New York in September 2018, less than 10 percent of the 1,500+ arrests last September and 3 percent of the 4,300+ arrests that took place in September 2010. However, racial disparities in enforcement still persist, with Blacks and Latino people comprising around 80 percent of the 1,000 summonses issued for marijuana.

Medical Marijuana

Utah Patients Will Have Legal Protections Beginning December 1. Although it could take months or years for the state to get a medical marijuana cultivation and distribution system up and running, medical marijuana patients will win some protections from arrest and prosecution beginning on December 1. That's because the Prop 2 initiative approved by voters includes an "affirmative defense" provision protecting them from a criminal conviction. It doesn't explicitly protect patients from arrest, but the hope is that with little likelihood of a successful prosecution, police will have little incentive to actually arrest patients.

Heroin and Prescription Opioids

Harsher Federal Penalties for Selling Fentanyl-Laced Drugs Are Now in Effect. New federal sentencing guidelines that went into effect November 1 significantly increase the possible prison sentence faced by people who sell heroin or cocaine laced with fentanyl. The new guidelines "create a four-level enhancement for a defendant who knowingly misrepresents or knowingly markets as another substance a mixture containing fentanyl or a fentanyl analog," which translates into sentences nearly twice as long as previously. While the guidelines only apply to someone who intentionally sought to deceive buyers, the realities of the federal criminal justice system -- where the vast majority of cases end with plea bargains -- mean that prosecutors will rarely have to prove the intent to deceive.

ACLU Files Lawsuit Against San Francisco Cops for Targeting African-Americans in Drug Busts [FEATURE]

San Francisco's Tenderloin is a heavily populated, racially mixed neighborhood in the heart of one of America's iconic progressive cities. Yet when the San Francisco Police Department and the DEA targeted the neighborhood to crack down on drug dealing between 2013 and 2015 as part of "Operation Safe Schools," the only people they managed to roll up were black.

hustling in the Tenderloin (SFPD surveillance video screen grab)
When 37 black defendants -- and no defendants of any other race -- got hauled away, nobody noticed. That is until the defendants started showing up looking for federal public defenders. The federal public defenders noticed, and they began making noise about racial disparities and selective enforcement of the drug laws.

Their charges only grew louder with the posting in 2015 of undercover police surveillance video to YouTube revealing a police officer muttering "fucking BMs," police code for black males, as he monitored a group of young men on the street. The video also apparently showed an undercover informant turning down drugs being offered by an Asian woman to instead buy drugs from a black woman.

In January 2017, 12 of those charged in the operation won a discovery motion from a judge who found there was "substantial evidence suggestive of racially selective enforcement" in their arrests. Instead of allowing the proceedings to continue so a full accounting of police conduct could occur, prosecutors instead dropped the charges.

At the time, the presiding judge, US District Court Judge Edward Chen, made clear that while he was granting the dismissals because they were in the best interest of the defendants, he was concerned that doing so would prevent the allegations of police bias from being aired.

"These are serious issues, serious allegations regarding claims of discriminatory enforcement patterns," Chen said. "I think the defendants in this case have raised a very substantial prima facie case that, at the very least, raises some serious questions that would warrant a response and a full airing of the issues."

Now, a year and a half later, the ACLU of Northern California on Thursday filed a federal civil lawsuit on behalf of six of those rolled up in the busts. The lawsuit alleges the plaintiffs were targeted because of their race and cites a survey of Tenderloin drug users to bolster its case. That survey found racial diversity among Tenderloin drug sellers. About half were black, but 20 percent were Latino and 17 percent were white.

The lawsuit is "an opportunity to hold the actors in the San Francisco Police Department and the city itself accountable for the police department's longstanding practices of engaging in racially discriminatory law enforcement," said ACLU attorney Novella Coleman, who is representing the plaintiffs.

It's also about financial relief for the plaintiffs, Coleman allowed. "The court will determine how to monetize that," she said.

Not an Anomaly

Racially biased policing is nothing new in San Francisco. In fact, as Ezekiel Edwards, director of the national ACLU's Criminal Law Reform Project, pointed out in a post announcing the lawsuit, the city has the dubious honor of setting precedent for the idea that law enforcement targeting people based on their race is unconstitutional. In an 1886 case, Yick Wo v. Hopkins, the city attempted to deny laundry permits to Chinese people while granting them to non-Chinese. Such an action could only be explained by the city's "hostility to the race and nationality" of the applicants, a violation of the 14th Amendment's guarantee of equal protection under the law.

Fast forward to the 21st century, and the evidence that the city's penchant for targeting non-whites for harsher treatment remains intact just keeps piling up. Numerous studies in the past few years have documented racially biased policing practices, including a 2002 ACLU report on SFPD racial profiling and a city-commissioned study by a national expert on biased policing.

Those studies uncovered a range of bias-related problems and made concrete recommendations for reform. Those were ignored. As the rotten policing practices festered, more reports detailing racial and ethnic disparities across the criminal justice system came out in 2013 and 2015.

Then, in 2015, as "Operation Safe Schools" was winding down, SFPD was hit by a new scandal when officers were caught exchanging racist text messages. Some used the N-word, others referenced cross burnings. Officers were caught calling black residents "savages," "wild animals," and "barbarians," and one officer told his sergeant "All n[ -- ] must fucking hang." Another officer sent a text with an image of a white man spraying a black child with a hose above the caption "Go be a n -- somewhere else."

That finally got the attention of city fathers -- as well as the Obama-era Justice Department. The city district attorney convened a Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement that documented SFPD's history of racially disparate enforcement and concluded that it was "in urgent need of important reforms." In 2016, the Justice Department weighed in with its own report finding that the department still engaged in racially biased policing, especially around traffic stops and police use of deadly force.

It's Not Just San Francisco

The ACLU's Edwards concisely makes the case that San Francisco is no exception when it comes to racially biased policing:

"Unequal treatment by race is commonplace among police departments large and small in cities across a range of ideological leanings. This is the reason for the racial profiling lawsuits filed in New York City, Chicago, Philadelphia, and Maricopa County, Arizona. This is the motivation, prior to Attorney General Jeff Sessions, for Justice Department consent decrees seeking to end racially discriminatory police practices in Seattle, Los Angeles County, New Orleans, Baltimore, Newark, East Haven CT and Ferguson MO. This is why the ACLU has found racial disparities in marijuana possession arrests across the country, in drug possession arrests more broadly, in stops and frisks in Boston, in seatbelt enforcement in Florida, and in arrests for low-level offenses in Minneapolis."

When will things ever change?

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Chronicle AM: Colombia Moves Backwards on Drug Policy, NYPD Pot Arrests Now Halted, More... (9/4/18)

Colombia's new president moves resolutely backward on drug policy, New York City's era of mass marijuana possession arrests is over, the California legislature has been busy, and more.

The era of New York City as the world's marijuana arrest capital has come to an end. (Creative Commons)
Marijuana Policy

California Lawmakers Pass Bill that Will Support Local Cannabis Equity Programs to Increase Representation in the Industry by Persons from Communities Most Harmed by Cannabis Prohibition. The legislature has approved Senate Bill 1294, which helps create equity in the cannabis industry through the distribution of grants to localities offering assistance to persons most harmed by cannabis prohibition and generational poverty. SB 1294 will offer grants to localities with existing equity programs -- such as Los Angeles, Oakland, Sacramento, and San Francisco -- to support them as they offer equity-qualifying applicants and licensees business loans and grants, regulatory compliance and technical assistance, and licensing fee waivers. SB 1294 reflects a nationwide movement to ensure that this growing industry is representative and accessible to all persons, no matter their financial or criminal history background. Advocates, entrepreneurs, and local governments now call on Gov. Jerry Brown (D) to sign this important measure.

Delaware Governor Signs Marijuana Expungement Bill Into Law. Gov. John Carney (D) last Friday signed into law Senate Bill 197, which "provides mandatory expungement eligibility to individuals who were convicted of the possession [of one ounce or less], use or consumption of marijuana prior to Delaware's decriminalization of these offenses." The provision only applies to people who have no other criminal convictions on their records.

New York City Change in Marijuana Arrest Policy Now in Effect. As of Saturday, the NYPD is no longer arresting people for small-time marijuana use or possession in most cases. The city arrested more than 10,000 people on such charges last year. Officials said the change came because the arrests had nothing to do with public safety and were racially disproportionate. "Our new policy, we're going to see a humongous drop in people in communities of color being arrested for marijuana," NYPD Chief Rodney Harrison said. "And that was one of the whole goals of this whole new policy."

New Psychoactive Substances

DEA Makes Synthetic Cathinone Schedule I Substance. The DEA last Friday announced it was placing the synthetic cathinone N-Ethylpentylone into Schedule I of the Controlled Substances Act. This is a temporary scheduling action good for up to 24 months, during which time research will be conducted to see if the drug should be permanently scheduled. DEA said the drug was linked to 151 deaths in the US since 2015.

Sentencing Policy

California Lawmakers Pass Bill Giving Judges the Power to Set Aside Ineffective and Punitive Five-year Sentence Enhancement. The legislature last Friday gave final approval to Senate Bill 1393, which would restore judicial discretion to the application of a five-year sentence enhancement for each prior serious felony on a person's criminal record. Current law requires judges to add an additional five-years to cases, even when the judge believes that the punishment is unjust and unwarranted. If signed into law, judges would have maximum flexibility during the penalty phase of a trail to impose, or not impose, the additional five-years. A coalition of people who are directly impacted, their families, service providers, and advocates now call on Gov. Jerry Brown (D) to sign this important measure.

International

Colombian President Moves to Recriminalize Drug Possession. President Ivan Duque announced on Sunday measures to give police the power to seize personal use quantities of drugs that had previously been legalized. "This week will sign the decree through which, in development of the police code 02 of the 2009 legislative act, we will give the authorities tools to confiscate any dose of drugs or hallucinogens in the streets of Colombia, and thus face the root of micro-trafficking problems," said Duque. The measures would appear to contradict rulings by the country's Constitutional Court, which in 2012 approved the decriminalization of small amounts of cocaine and marijuana for personal use.

Chronicle AM: White House's Anti-Pot Committee, IL Gov OKs MedMJ for Opioids, More... (8/29/18)

The Trump administration has a secret committee to trash pot, Canada okays a roadside drug testing device for motorists, Illinois becomes the latest state to allow medical marijuana as an alternative to opioids, and more.

Marijuana Policy

Trump Administration Has Secret Committee to Trash Pot. The White House has created a multi-agency committee to combat rising public support for marijuana legalization and make legalization initiatives look bad, according to a report today in Buzzfeed News. The Marijuana Policy Coordination Committee has instructed federal agencies including the DEA to come up with and submit "data demonstrating the most significant negative trends" about marijuana and the "threat" in poses to the country. Reports from the committee will be used to brief Trump "on marijuana threats." The committee is being coordinated by the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office).

New Jersey Attorney General Issues Guidance on Marijuana-Related Prosecutions. The Office of the Attorney General issued guidance to municipal prosecutors regarding prosecution of marijuana-related cases. This guidance comes after Attorney General Gurbir Grewal convened a working group on marijuana prosecutions earlier this summer. The guidance reaffirms that local prosecutors cannot decriminalize marijuana possession, but they can use their discretion on a case-by-case basis "based on the particular facts and applicable law, and consistent with their ethical obligations to the state, the defendants, and the courts." The guidance merely highlights the need for the state to actually pass marijuana legalization, advocates said.

New York Assembly to Hold Public Hearings on Marijuana Legalization. The Assembly will hold four public hearings this fall on whether and how to legalize marijuana. These hearings will follow a well-attended hearing in the Assembly on the topic earlier this year. Gov. Andrew Cuomo (D) has recently embraced legalization, and a legalization bill is before the Assembly.

Medical Marijuana

Illinois Governor Signs Bill to Allow Medical Marijuana as Alternative to Opioids. Gov. Bruce Rauner (R) on Tuesday signed into law a bill to allow patients to use medical marijuana as an alternative to opioids. "Opioid abuse disorder is taking the lives of Illinoisans, thousands of lives. Opioid abuse disorder is disrupting and destroying families across our state and across the country," Rauner said at the bill signing at the Chicago Recovery Alliance. "We've got to do everything we can to stop this vicious epidemic, and today, I'm proud to sign a bill that helps us stop this epidemic. Medical cannabis creates an opportunity to treat pain in a less intrusive, less obstructive way than opioids."

International

Canada Approves First Roadside Drug Test Device for Marijuana. Justice Minister Jody Wilson-Raybould has approved a device designed to detect whether drivers are under the influence of marijuana. The device is the Drager Drug Test 5000, which allows police to check drivers' saliva for the presence of THC, as well as amphetamines, opioids, cocaine, and methadone. The device has plenty of critics, who say it is prone to false positives and false negatives. Officials will also have to determine what level of THC indicates impairment and whether the results will hold up in court.

WATCH: Michigan Cop Jails 80-Year-Old Grandma Over Expired Medical Marijuana Card

A Clare County, Michigan, sheriff's deputy arrested an 80-year-old grandmother for small-time medical marijuana possession after going to her home on an unrelated matter and smelling it. The grandma, Delores Saltzman, is a patient whose card had expired. She spent a night in jail and had to deal with a court case because the deputy's zero-tolerance approach to marijuana precluded a sensible resolution to the matter.

As local TV station Fox 17 reported, on the evening of June 13, Deputy Ashley Gruno knocked on Saltzman's door. She was trying to find Saltzman's granddaughter to return a lost phone and ID. Things went haywire when Deputy Gruno smelled marijuana from the front porch.

The deputy asked who the marijuana belonged to, and Saltzman explained it was hers and that she was a medical marijuana patient. Deputy Gruno then searched the house, seizing several pipes, four joints, and a purple jar with a small amount of marijuana. Saltzman said the total amount of marijuana seized was less than an eighth of an ounce.

Deputy Gruno then handcuffed Saltzman, place her in a patrol car, and took her to jail, where the arthritic grandmother spent a long night.

"That''s ridiculous what they do to people, they don't need to make you that cold," she said. "Old Arthur was screaming at me" -- a reference to arthritis, her son Mark clarified. Saltzman also suffers from diverticulitis and muscle and bone aches.

Saltzman and her son credit marijuana with saving her life. It helped her appetite when she was sick, helped her heal after surgeries, and eases her pain from health conditions, they said.

"After I smoke, I go down to a one, pain-wise," she said. "Before I smoke, I would say I'm an eight right now. Marijuana saved my life because I had a bad bleed about four years ago, and Mark took care of me," she explained, adding that when doctors prescribed her opioids, she suffered stomach pains and vomiting.

Saltzman said she went public with her story in the hope it will help others. "That's what I want people to do: Don't be ashamed of something that's going to make you feel better."

The deputy was overzealous, said Mark Saltzman. "I just thought it was absolutely ridiculous to put her through this like that. They could have just given her a ticket, and [said] just show us your card later. Reapply for your [medical marijuana] card, show us this, and then drop the charges."

Clare County Prosecutor Michelle Ambrozaitis largely agreed with Saltzman. While she said a possession of marijuana charge was justified because of the expired card, she added: "However, our goal is to ensure that individuals who utilize medical marijuana are doing so legally. As such, Mrs. Saltzman was encouraged to obtain her medical marijuana card and if she did so, the case would be dismissed. She did obtain her medical marijuana card, and the case was dismissed."

Clare County Sheriff John Wilson didn't comment on whether his deputy should have arrested Saltzman and said he agreed with the prosecutor's decision to dismiss the case after she renewed her medical marijuana card, but stuck to his guns on Saltzman's criminality: "This person was illegally in possession of marijuana," he said.

Michigan will vote on legalizing marijuana in November. If advocates had managed to get it on the ballot in 2016, Saltzman and others like her would not have been subject to arrest. She is calling on her fellow Michiganders to vote to legalize it.

"I'm hoping that we all learn a lesson from this and that we make amends, and people will get out and vote for it," Saltzman said. "We are the ones that have to stand up. We are the people, and we just have to fight for our rights."

One can hope that most Michigan police officers and even Deputy Gruno now would be more discriminating than this. But they might not. Until the people do fight -- and win -- Michigan will see more pointless arrests under the prohibition laws.

Watch Saltzman tell her story here:

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Chronicle AM: Colombia's New President Vows Drug Crackdown, ND Pot Init Lives, More... (8/8/18)

The Northern Mariana Islands could be the first US territory to legalize weed, a North Dakota legalization initiative looks like it will probably make the ballot, Colombia's new president vows to resort to old prohibitionist drug war policies, and more.

Newly installed Colombian President Ivan Duque vows a drug crackdown. (Flickr)
Marijuana Policy

Marijuana Legalization Bill Passes Northern Mariana Islands House. The Northern Marianas Islands House of Representatives on Wednesday approved a marijuana legalization bill, House Bill 20-178, on an 18-1-1 vote. The bill legalizes the use of marijuana for medicinal purposes, but also for adult use. People can possess up to an ounce and grow a limited number of plants, and the bill creates a regime for legal, regulated, and taxed production and sales. It now goes before the territory's Senate. If it passes, the Northern Marianas would be the first US territory to legalize marijuana.

North Dakota Legalization Initiative Likely to Make Ballot, State Officials Say. State election officials have told Marijuana Moment that the organizers of a marijuana legalization initiative have very likely come up with enough valid voter signatures to qualify for the November ballot. The group, LegalizeND, submitted about 18,700 raw signatures; it needs 13,452 valid voter signatures to qualify. The elections office is currently finishing the signature verification process and will announce on August 13 whether the measure qualified.

Congressional Bar on DC Regulated Sales Leading to Distribution Arrest Surge, Report Finds. More than 900 people were arrested for marijuana offenses in the nation's capital last year, a jump of 37% over 2016 figures, according to new data from the DC Metro Police. Pot arrests bottomed out at 323 in 2015, the first full year of legalization. Prior to legalization, the vast majority of arrests were for possession, but since then, distribution and possession with intent to distribute account for the majority of pot arrests. Analysts pointed to the congressional bar against the District allowing legal, regulated sales as being behind both the overall jump in arrests and the increasing percentage of sales and possession with intent arrests.

International

Colombia's New President Takes Office, Vows Drug Crackdown. Ivan Duque, a conservative ally of former President Alvaro Uribe, was installed as president Tuesday. He immediately pointed to the expansion of coca production, corruption, and the violence of drug trafficking groups as problems he will address. "The time has come for us to unite to confront all illegalities," including drug trafficking and production, he said. "We will be effective in the eradication and substitution of illegal crops, accompanied by productive opportunities" for farmers and a crackdown on drug traffickers, Duque promised. "Building peace, Colombians, means to defeat the drug cartels," he said.

Chronicle AM: Yet Another Good News Pot Poll, Colombia's Santos Rips Drug War, More... (8/1/18)

Another national poll has a solid majority for marijuana legalization, Manhattan quits prosecuting most small-time pot cases, Colombia's outgoing president takes a parting shot at drug prohibition, and more.

Outgoing Colombian President Juan Manuel Santos has some parting words for the war on drugs. (Flickr)
Marijuana Policy

Yet Another Poll Has a National Majority for Marijuana Legalization. A new poll from Harris Insights and Analytics has support for marijuana legalization at 57% and support for medical marijuana at a whopping 85%. The poll is in line with numerous recent polls showing majorities for marijuana legalization.

Manhattan Prosecutor Quits Prosecuting Small-Time Marijuana Cases. The Manhattan District Attorney's Office's new policy of not prosecuting most small-time marijuana cases went into effect today. People will not be arrested for possessing small amounts or smoking in public, but could still get busted for sales or if there is a public safety threat.

Medical Marijuana

Detroit City Council Votes to Cap Dispensary Numbers. The city council voted Tuesday night to limit the number of dispensaries that can operate in the city to 75. The measure also regulates the commercial cultivation, processing, testing, distribution, and sale of medical marijuana and imposes limitations on the size, location, and operations of medical marijuana businesses.

Oklahoma Health Board Considering New Rules for Medical Marijuana. The state Board of Health is meeting Wednesday to try once again to come up with regulations for the state's voter-approved medical marijuana program. The revised guidelines now eliminate a ban on the sale of smokable marijuana and a requirement that a pharmacist be present in every dispensary. The new rules also drop the requirement that women of child-bearing age take a pregnancy test before using medical marijuana.

International

Colombia's Santos Directs Parting Shot Against War on Drugs. Outgoing Colombian President Juan Manuel Santos has ripped into the global war on drugs in an opinion piece in the Americas Quarterly. "The War on Drugs has taken too many lives: The cure has been worse than the disease. In Colombia, we have paid a very high price for it, perhaps the highest of any nation," Santos warned. "The time has come for the world to take a moment of sober reflection. We must study, seriously and rigorously, the efforts that have been made around the world to regulate the drug trade, in order to learn from our successes, as well as our difficulties and failures," added the Nobel Prize winner.

Ghana Drug Control Board Member Calls for Drug Decriminalization. Michael Addo, deputy executive secretary of the Ghanaian Narcotics Control Board, called Tuesday for drug decriminalization, saying that the country was wasting resources imprisoning drug users and calling for alternative sanctions for them. He also called for the strengthening of drug treatment and rehabilitation efforts.

Italian Health Minister Says Government Will Expand Medical Marijuana Program. Health Minister Giulia Grillo said Tuesday that the government will ramp up its medical marijuana program. She said the government will explore licensing private companies to produce marijuana and that she would "make every effort to make medical cannabis available" in pharmacies alongside other prescription drugs.

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