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How Bigoted Pennsylvania Drug Warriors Turned This New York Man's Life into a Living Hell [FEATURE]

In June, 2014, Wilfredo Ramos was driving back to his Brooklyn home after visiting his mother in Lancaster, Pennsylvania when two Pennsylvania State Police troopers detoured him into a Kafkaesque nightmare from which he emerged only five months later.

The traffic stop from hell happened to Wilfredo Ramos -- and happened, and happened. (Sonoma County Sheriff's Office)
In the meantime, Ramos rotted in jail on bogus charges, losing his job, his car, and his apartment. Now, in a small gesture of redress, the State Police have agreed to pay Ramos $150,000 for his travails in a taxpayer-funded settlement, but the cops still admit no fault or liability.

According to the lawsuit that ended in the settlement, Ramos' nightmare began when he was pulled over by Troopers Justin Summa and Kevin Vanfleet on June 6, 2014. Neither trooper said why they stopped Ramos, and the suit alleged they were engaged in racial profiling because Ramos is Hispanic and was driving a car with New York plates.

Summa claimed he smelled alcohol, and Ramos replied that he had not been drinking. Summa then challenged Ramos, citing his ethnicity and place of residence. "We know you have drugs," Summa told him, "just tell us where they are." Ramos denied possessing any drugs.

Summa then administered a Breathalyzer test, which came back negative for alcohol, and ordered Ramos to perform field sobriety tests, which he completed without any problem. The encounter should have ended at that point, with Ramos being thanked for his cooperation and sent on his way, since there was no evidence he had committed any crime.

But that's not what happened. Instead, although Ramos had cleared all the tests and although they lacked probable cause, Troopers Summa and Vanfleet arrested Ramos for driving under the influence, giving them a pretext to search his vehicle in their quest to make a drug bust. Their search turned up nothing.

The troopers then took Ramos to state police headquarters where they administered yet another Breathalyzer test, which they described as "inconclusive." The next stop was the Lehigh County DUI center, where Ramos consented to have his blood drawn to be tested.

According to the lawsuit, typical practice in Lehigh County is that people arrested under suspicion of drunk driving who have no prior drunk driving arrests and where there was no accident or injuries are released pending blood test results. That didn't happen with Ramos. Instead, he was held under $10,000 cash bail -- an amount he could not raise.

As Ramos rotted in jail, his blood sample was tested twice by the Lehigh Valley Health Network Laboratory, which found on June 18, 2014, that it contained no drugs or alcohol. Trooper Summa then ordered a third test of the sample, this time for a broader spectrum of substances, but again the results were negative.

On the same day the test results came in, Summa testified in a preliminary hearing on Ramos' case that the results were not yet in. He did not tell the court about the negative test results. Ramos remained in jail for 158 days until he was found not guilty in Lehigh County Court after blood tests showed no illegal substances or alcohol in his system.

While Ramos was jailed, he was fired from his job and lost his home. He lost his car, too: The tow truck operator notified Ramos by mail about a deadline to retrieve his vehicle, but because Ramos was in jail, no one was at his residence to receive the letter.

Ramos' lawsuit charged that Troopers Summa and Vanfleet conspired to falsely arrest him despite finding no evidence that he was impaired or had drugs in his car. The lawsuit also named five state police supervisors, from the troop commander to former state police Commissioner Francis Noonan, as liable for racially motivated misconduct, unlawful seizure, violations of due process of law, denial of equal rights, conspiracy to interfere with civil rights, and other Civil Rights Act violations.

While the State Police admitted no fault or liability, their willingness to settle the case speaks for itself.

Attorney Joshua Karoly, who represented Ramos in the lawsuit, was magnanimous after the settlement was announced. "It was a mistake that this happened, and this resolution is going to go a long way toward getting his life back on track to where it was before this happened," Karoly told the Lancaster Morning Call. "It makes mistakes like that much less likely when they're brought to the public's attention."

Chronicle AM: WI Dem Governor Contender Rips Walker on Food Stamp Drug Tests, More... (12/13/17)

The Hartford, CT, city council says legalize it, a Wisconsin Democratic gubernatorial canddate attacks Scott Walker over food stamp drug testing, Colombia meets coca eradication goals, and more.

Gov. Walker wants Wisconsin to be the first state in the country to drug test food stamp recipients. (Creative Commons)
Marijuana Policy

Hartford, CT, City Council Calls for Legalizing and Taxing Marijuana. The city council voted unanimously Monday night to approve a resolution calling for the legalization and taxation of marijuana. The resolution also calls on the city to conduct an economic impact study and hold public hearings on the issue, as well as measures to "ensure racial equity in ownership and employment."

Drug Testing

Wisconsin Democratic Governor Candidate Rakes Walker on Food Stamp Drug Testing. Democratic gubernatorial contender Matt Flynn slammed Gov. Scott Walker's (R) plan to impose drug screening and testing on food stamp recipients Tuesday: "I condemn this in the strongest terms. First, it is hypocritical. Walker and his Republican allies claim to be against intrusive big government, but there has never been a more intrusive, big-government administration in our state's history," he said. "Second, this is foolishly wasteful of our state's limited resources. By the administration's own admission, fewer than one-third of one percent of all food stamp recipients will likely be identified as drug users. Numerous states have passed similar 'reforms' and have actually found that recipients of these programs test positive at a lower rate than the general population. These 'reforms' always cost more money than they save. Third, and most importantly, this policy is offensive in the extreme. It demeans people experiencing poverty. It is unconscionable."

Law Enforcement

Kansas Couple Whose Home Was Raided in Bungled Marijuana Search Loses Lawsuit. The couple, a pair of former CIA employees who were growing tomato plants hydroponically, were raided by Johnson County sheriff's deputies searching for marijuana. Deputies zeroed in on the couple after spotting them at a hydroponics store, then searched their trash and mistook discarded tea leaves for marijuana leaves. The couple sued, alleging deputies violated their Fourth Amendment rights, but a federal jury disagreed. The couple says they will appeal.

International

Colombia Says It Met Coca Eradication Deadline, Hints at Shift to Crop Substitution. Colombian Defense Minister Luis Carlos Villegas said the country had eradicated some 125,000 of coca planting ahead of a deadline agreed to with the US. He said the target for forced eradication next year would decline to 100,000 acres. This year's forced eradication program was five times larger than last years' and led to clashes between troops, eradicators, and growers that left at least ten coca farmers dead.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays 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.)

Chronicle AM: OR Magic Mushroom Init Coming in 2020, MI MedMJ Rules Set, More... (12/5/17)

A proposed Oregon initiative would legalize psilocbyin for medicinal use, Michigan regulators release emergency medical marijuana rules in the nick of time, Wisconsin takes another step toward drug testing welfare and job training participants, and more.

A proposed Oregon initiative would legalize psilocybin for medical use. (Creative Commons)
Medical Marijuana

Michigan Releases Medical Marijuana Business Rules. The state Department of Licensing and Regulatory Affairs has released emergency rules governing medical marijuana facilities with just two weeks to go before the Bureau of Medical Marijuana Regulation begins taking applications. "The emergency administrative rules are designed to preserve patient protections and provide them with access to safe medical marihuana," said Bureau of Medical Marihuana Regulation Director Andrew Brisbo. "These rules also allow growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements."

Psychedelics

Oregon 2020 Initiative Would Legalize Psilocybin Mushrooms. A husband and wife team calling themselves the Oregon Psilocybin Society are working on putting a psilocybin legalization initiative on the state's 2020 ballot. The measure doesn't call for legal recreational use, but would create a highly regulated system to allow use for medical purposes. Next door in California, a similar initiative aimed at 2018 would legalize magic mushrooms.

Drug Testing

Wisconsin Governor Approves Plan to Drug Test Welfare, Job Training Participants. Gov. Scott Walker (R) has approved a plan to implement drug screening for able-bodied adults participating in the FoodShare Employment and Training (FSET) program, sending the rule change measure to the State Legislature for review. The rule is part of the policy amendments included in 2015 Wisconsin Act 55. The legislature now has 120 days to review the measure. Once approved by the legislature, it will become effective the first day of the following month.

International

Leading Mexican Presidential Candidate Suggests Amnesty for Drug Cartel Kingpins. Leading presidential contender Andres Manuel Lopez Obrador has caused controversy by suggesting that he is open to amnesty for drug cartel leaders as part of a dialog aimed at ending that violence that has seen an estimated 200,000 people killed in the last decade. "If it is necessary… we will talk about granting amnesty so long as the victims and their families are willing," he said. "We'll propose it. I'm analyzing it. What I can say is that we will leave no issue without discussion if it has to do with peace and tranquility." Lopez Obrador currently has a more than 10-point lead in presidential polls, and his foes in the political and business classes are trying to use the remarks against him.

Chronicle AM: MD Sees First MedMJ Sale, PA Pays for False Drugged Driving Arrest, More... (12/4/17)

Lots of medical marijuana news today, plus Pennsylvania has to pay out for a bogus drugged driving arrest that saw a man jailed for five months, and more.

Medical marijuana sales started last Friday in Maryland. (Creative Commons)
US Surgeon General Says Medical Marijuana Should Be Treated Like Other Drugs. Surgeon General Jerome Adams said last Friday that marijuana should be treated and studied like other pain relief drugs, but that he was opposed to recreational legalization. "Under medical marijuana, I believe it should be like any other drug," he said. "We need to let the FDA vet it, study it, vet it. The FDA has actually approved cannabidiol oil and some derivatives of marijuana, Marijuana is not one substance. It's actually over 100 different substances, some of which benefit, some of which are harmful."

Arkansas Regulators Set Timeline. The Arkansas Medical Marijuana Commission announced last Friday that medical marijuana cultivation licenses would be issued in about three months, and dispensary licenses would be issued three months after that. The date for announcing cultivation licenses is February 27; a firm date for dispensary licenses isn't set yet. The commission anticipates medical marijuana on dispensary shelves by the middle of next year.

Maryland Medical Marijuana Sales Begin. The first legal medical marijuana sale in the state took place last Friday, after years of delays. A handful of dispensaries have received shipments of medical marijuana, while others said they expected to come online soon. The state's first legal pot crop was grown this fall.

Montana Medical Marijuana Providers, Patients Oppose New Regulations. At a hearing last Thursday at the Department of Public Health and Human Services, patients and providers complained that proposed regulations would place significant cost and time burdens on them. Among provisions criticized were high licensing fees and requirements for extensive product-safety testing.

Ohio Gets Sued Over Commercial Grower Application Process. One day after the state announced its choices for a second batch of commercial cultivation licenses for medical marijuana, one of the losers in the process has filed a lawsuit challenging the scoring process for applications. The state law allowing medical marijuana sets a September 8, 2018 deadline for sales to begin, the timetable is already tight, and any further delays could put that date in doubt.

Hemp

Wisconsin Governor Signs Hemp Bill. Gov. Scott Walker (R) last Thursday signed into law a bill that allows farmers in the state to grow hemp. Under the bill, hemp plants can't contain more than 0.3% THC, and no one with a drug conviction can be a hemp farmer.

Law Enforcement

Pennsylvania Pays $150,000 for Falsely Jailing Man as Suspected Drugged Driver. The State Police will pay $150,000 to a New York Hispanic man who was jailed for five months even though he passed Breathalyzer and field sobriety tests and subsequent blood testing showed no presence of alcohol or illegal drugs. Wilfredo Ramos sued for false imprisonment and false arrest. He lost his car, his job, and his apartment while sitting in the Lehigh County Jail for months even after test results came back.

International

Australia Federal Government Gives Up on Welfare Drug Testing Scheme. Federal Social Services Minister Christian Porter confirmed Monday that he was removing drug testing of welfare recipients from the government's welfare reform bill in the face of stiff opposition from experts and elected officials. Porter said he didn't want to sacrifice the entire welfare piece to controversy over the drug testing provision.

Swedish High Court Rejects Medical Necessity Defense for Growing Marijuana Plant. The Supreme Court has ruled against a man who grew marijuana to treat neuropathic pain from a motorcycle accident, as well as for anxiety and depression. The man had been acquitted of cultivation charges in August by a lower court, but an appellate court reinstated the conviction, and now the Supreme Court has echoed that decision. The court did suggest that the parliament could amend laws to allow for medical marijuana, and it went relatively lightly on the patient, fining him $616 and giving him no jail time.

Chronicle AM: Good NY Marijuana Poll, CT Governor Candidates to Talk Pot Tomorrow, More... (11/27/17)

A new New York poll has support for marijuana legalization at 62%, Michigan Libertarians protest a roadside drug testing program, Alberta will let hotels allow pot smoking in guest rooms, and more.

Marijuana Policy

First Connecticut Gubernatorial Debate Tuesday Night Will Focus on Marijuana. The state's first debate of the 2018 gubernatorial campaign will focus on marijuana. The debate is being hosted by Connecticut NORML and the Yale Students for Sensible Drug Policy chapter. Democratic candidates Dan Drew and Jonathan Harris, Republican candidate Prasad Srinivasa, and independent candidate Micah Welintukonis will all be there.

Nevada Gaming Policy Committee to Review Pot in Casinos. Beginning on Wednesday, the committee will begin reviewing whether there is some way the casino industry can find a way to coexist with legal marijuana businesses. The committee is not pondering whether to allow pot smoking among the slot machines, but whether casino properties could be used for marijuana-related business events.

New Hampshire Marijuana Legalization Committee Meets for Third Time. A legislative committee studying the legalization, regulation, and taxation of marijuana met for the third time Monday. It heard from representatives of the state banking and agriculture departments, as well as from the Marijuana Policy Project.

New York Poll Has Healthy Majority for Legalization. A poll commissioned by the Drug Policy Alliance and the Marijuana Policy Project has support for marijuana legalization at 62%, with only 28% opposed. Poll respondents also named legalizing marijuana as the most popular way of addressing the state's budget deficit, with 60% supporting that.

Drug Testing

Michigan Libertarians Protest Highway Drug Testing Program. A small group of Libertarians, including state US Senate candidate Brian Ellison, held up signs outside Michigan Stadium on Saturday morning protesting the newly inaugurated Preliminary Oral Fluid Analysis drug testing pilot program launched by the State Police. Under the program, officers can use a roadside mouth swab to test for the presence of controlled substances. "We just wanted to raise awareness," Ellison told the Michigan Daily. "It's unconstitutional, it's really a terrible program. You're forced to put something in your mouth on the side of the road. You don't have a choice. It's forced on you." Under the law, refusing to submit to the test is a civil infraction.

International

Alberta Will Allow Hotel Owners to Okay Marijuana Use in Rooms. The province is set to become the first in Canada to allow consumption of marijuana outside the confines of a private residence, and the move could lead to a boom in pot tourism. "We recognize that not all Albertans would necessarily have a place to legally consume cannabis if we limited consumption to private residences, and we aren't yet in a position to license cannabis cafes or lounges as we need direction on edibles from our federal partners," Alberta Justice Minister Kathleen Ganley told the Marijuana Business Daily.

(This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays 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.)

Chronicle AM: GA County Pays Big Time for School Drug Raid, Afghan Opium Crop Up, More... (11/16/17)

California gets ready for legal marijuana, Michigan gets ready to put a legalization initiative on the ballot, a Georgia county pays bigtime for a raid on school students, Afghan opium production nearly doubles, and more.

In Afghan fields, the poppies grow... and grow and grow... (UNODC)
Marijuana Policy

California Announces Emergency Licensing Regs for Legal Marijuana Commerce. The state's three marijuana licensing authorities announced Thursday that they have posted online proposed emergency licensing regulations for the era of legal marijuana commerce beginning January 1. The Bureau of Cannabis Control regulations are available here; the Department of Food and Agriculture regulations are available here; and the Department of Public Health regulations are available here.

Michigan Initiative Campaign Has Signatures, Needs to Pay for Them. The campaign to put a legalization initiative on the November 2018 ballot said Wednesday it had gathered more than 360,000 raw signatures, well more than the 252,000 required by law, but that it needed to raise $30,000 to pay off a signature-collection firm before it can turn in the signatures. The campaign said it expected to be able to hand in signatures before Thanksgiving.

San Francisco Won't Be Ready for Legal Pot Sales on January 1. Oh, irony of ironies, the city that was ground zero for the marijuana reform movement won't be ready to allow marijuana sales on January 1, when legal sales begin statewide. In a Tuesday meeting, the Board of Supervisors failed to agree on regulations governing sales, postponing further discussion of the rules until November 28, and virtually ensuring that rules will not be in place by January 1.

Medical Marijuana

Kentucky Secretary of State Forms Panel to Write Medical Marijuana Bill. Secretary of State Alison Grimes (D) said Wednesday that she is putting together a panel to write a bill that would legalize medical marijuana in the state. The panel will include doctors, nurses, military veterans, medical marijuana advocates, and law enforcement. The aim is to have a bill ready for the 2018 legislative session.

Montana Released New Proposed Rules for Medical Marijuana Industry. The state Health Department Thursday released a pack of of proposed rules for the medical marijuana industry, which will be the subject of a public hearing later this month. The rules cover regulation of areas such as employment, product testing and tracking, security, and fees.

Drug Testing

Department of Transportation Adds Opioids to Truck Driver Drug Testing Panel. The DOT issued a final rule Monday that will expand its drug testing panel for DOT-regulated industries to include hydrocodone, hydromorphone, oxymorphone, and oxycodone. The agency said the move was "a direct effort to enhance safety, prevent opioid abuse and combat the nation's growing opioid epidemic." The rule goes into effect on January 1.

Law Enforcement

Georgia County to Pay $3 Million to Students in School-Wide Drug Search. Worth County, Georgia, has agreed to pay $3 million to settle a lawsuit brought on behalf of students who were subjected to a school-wide lockdown during a drug sweep in April. Each Worth County High School Student will receive between $1,000 and $6,000, with the higher amounts going to students who suffered more invasive violations. "This settlement is a victory for the hundreds of Worth County students whose constitutional rights were violated," Mark Begnaud, an attorney for one of the students, told UPI.

International

Afghan Opium Output Nearly Doubled This Year. Opium production in Afghanistan hit a record level of nearly 10,000 tons this year, up 87% from last year. The area under poppy cultivation also increased, up 63% over last year. The figures are coming from the Afghan Ministry of Counter Narcotics and the UN Office on Drugs and Crime. "It is high time for the international community and Afghanistan to reprioritize drug control, and to acknowledge that every nation has a shared responsibility for this global problem," UNODC Executive Director Yury Fedotov said in a statement.

Chronicle AM: ME Lawmakers Try to Save MJ Reg Bill from Veto, Denver SIF Advances, More... (11/6/17)

Maine's governor vetoes the marijuana regulation bill, but the legislature will attempt an override today; a plan for a safe injection site in Denver advances, a Michigan roadside drug testing pilot program gets underway this week, and more.

A move is afoot in the legislature to bring a safe injection site to Denver. (Wikimedia)
Marijuana Policy

Maine Governor Vetoes Bill to Regulate Legal Marijuana Production, Sales. Gov. Paul LePage last Friday vetoed the bill that would regulate legal marijuana commerce in the state. In his veto message, he cited a number of concerns, including how the Trump administration is going to deal with the conflict between state and federal law. "Until I clearly understand how the federal government intends to treat states that seek to legalize marijuana, I cannot in good conscience support any scheme in state law to implement expansion of legal marijuana in Maine," the governor explained.

Maine Lawmakers Meet Today to Try to Override Governor's Veto. The legislature is set to meet at 4:00pm today in a bid to override Gov. LePage's veto of the marijuana regulation bill. The bill passed the Senate, but not the House, by a veto-proof majority earlier this year.

Medical Marijuana

Ohio Announces First Licensees for Medical Marijuana Production. State officials announced last Friday they had issued 11 Level II medical marijuana licenses. The licenses will allow holders to begin medical marijuana growing operations.

Drug Testing

Michigan Roadside Drug Testing Pilot Program Begins This Week. Michigan State Police are set to begin a pilot program in five counties to do roadside oral fluid drug tests of drivers in a bid to reduce drugged driving. The counties included are Berrien, Delta, Kent, St. Clair and Washtenaw. Under the program, officers trained in "drug recognition" will be able to require drivers to submit to a preliminary saliva test if they suspect he is impaired. The tests will look for the presence of marijuana, amphetamines, methamphetamines, benzodiazepines, cocaine and opiates.

Harm Reduction

Walgreen's to Carry Opioid Overdose Reversal Drug, No Prescription Needed. Walgreen's drugstores will soon stock the opioid overdose reversal drug naloxone (Narcan) at its thousands of locations across the US, and it will be available over the counter, no prescription needed. Walgreen's is the nation's second largest drugstore chain with more than 8,000 stores. "By stocking Narcan in all our pharmacies, we are making it easier for families and caregivers to help their loved ones by having it on hand in case it is needed," Walgreen's vice president Rick Gates said in a statement. "As a pharmacy, we are committed to making Narcan more accessible in the communities we serve."

Denver Starts Down Path Toward Safe Injection Sites. Seattle and San Francisco are the US cities closest to opening safe injection sites for drug users, but now Denver is making a move in the same direction. A legislative committee last week gave unanimous approval to a plan to open a pilot site in the city. But that's just a first step: The next step is to get the legislation through the General Assembly when the legislature convenes in January.

International

Colombia, UNODC Sign Cooperation Agreement on Coca and Cocaine. In a deal announced last Friday, Colombia and the UN Office on Drugs and Crime (UNODC) have agreed to cooperate on the county's coca reduction strategy. Under the deal, the UNODC will help Colombia implement "alternative and sustainable development programs in areas affected by coca cultivation," according to a press release from the Colombian presidency. The plan is estimated to require $315 million in funding over the next four years. The question is whether Colombia has the political will to come up with the money.

Chronicle AM: Germany's Merkel May Agree to Legalization as Part of Coalition, More... (10/31/17)

Marijuana decriminalization takes center stage in Virginia drug policy debates, Germany's Angela Merkel may agree to legalize marijuana in a bid to build a governing coalition, and more.

German Prime Minister Angela Merkel could agree to marijuana legalization in a bid to build a governing coalition. (Wikimedia)
Marijuana Policy

Virginia Crime Commission Briefed on Marijuana Stats. The state Crime Commission was briefed Monday on the results of a months-long study examining the costs and consequences of marijuana arrests in the Old Dominion. The study found there were more than 133,000 pot possession arrests in the state in the past 10 years, but that relatively few people went to jail for it in the state. The study was prompted by a proposal to decriminalize the possession of small amounts of marijuana.

Virginia Senate Majority Leader Will File Decriminalization Bill. State Senate Majority Leader Tommy Norment (R) said Monday he plans to file a bill that would decriminalize small-time pot possession for first offenders. Norment said the bill is still being drafted, but would make first-time possession a civil offense punishable by a fine, mandatory education, and a drivers' license suspension.

Drug Testing

West Virginia Welfare Drug Testing Program Gets Underway. Under a program that took effect last week, state residents who apply for welfare must now undergo a drug screen questionnaire, with those whose responses are deemed suspicious required to take and pass a drug test. People who fail a drug test will be required to undergo drug treatment at their own expense -- while being denied funds that could help pay for it.

International

Germany's Merkel May Agree to Marijuana Legalization as Part of Coalition Deal. Reports from German media suggest that Prime Minister Angela Merkel's Christian Democratic Union Party may agree to support marijuana legalization as part of an effort to form a coalition government with two parties that want to free the weed, the Free Democrats and the Greens. Marijuana policy would be addressed at the end of coalition talks, the reports said.

Chronicle AM: Trump Drug Czar Nominee Withdraws, NFL Endorses Sentencing Reform, More... (10/17/17)

Stories pile up when you spend a week at the drug reform conference: Trump's choice for drug czar is out, the NFL endorses sentencing reform, California's governor signs a sentencing reform bill, and more.

The National Football League has formally endorsed a federal sentencing reform bill. (Flickr)
Marijuana Policy

Mississippi Supreme Court Overturns Marijuana Conviction of Vehicle Passenger. The state Supreme Court last Thursday threw out the marijuana possession conviction of a car passenger, saying the mere fact that he was in the vehicle didn't mean he actually possessed the drug. Marvin Carver had been charged after the car his half-brother was driving was pulled over and marijuana was found. The half-brother said the marijuana was his, and prosecutors never proved that Carver knew about or intended to possess the pot, the court noted.

New Hampshire Marijuana Study Group Holds First Meeting, No Legalizers Included. A commission charged with studying the potential impact of marijuana legalization is holding its first meeting today. Created by the legislature, the commission includes lawmakers and representatives of several state agencies, including banking, law enforcement, and the medical community. Of the legislators, several have voiced opposition to legalization and none are on record in support of it.

Maine Legalizers Reject Legislative Rewrite of Marijuana Law. Legalize Maine, the group behind last year's successful legalization initiative, has come out against the proposed legislative rewrite of the law, saying it "isn't ready for prime time." The group strongly objects to bill language requiring localities to "opt in" to the legal marijuana business instead of having to "opt out." Such a provision will only create chaos and encourage the black market, the group says.

Pennsylvania ACLU Report Finds Large Racial Disparities in Marijuana Arrests. In an analysis of 2016 arrest data, the ACLU found that black adults in the state were eight times more likely to be arrested for pot possession than whites. Marijuana arrests in the state have increased in recent years, and so has the racial disparity in arrests. It was less than six to one in 2011. The arrest figures don't include Philadelphia, which decriminalized in 2014 and saw arrests plummet 88%. But even in Philly, blacks were still three times more likely to be arrested for pot than whites.

Medical Marijuana

Pennsylvania Issues First Medical Marijuana Grow License. The state Department of Health has approved Cresco Yeltrah's 40,000-plus-square-foot indoor grow operation, making it the first medical marijuana grow in the state to be approved. The planting of seeds should commence shortly, with the first crop ready in about four months.

Drug Policy

Trump Drug Czar Nominee Withdraws in Wake of Report He Pushed Bill to Hinder DEA Opioid Pill Enforcement Efforts. Pennsylvania US Rep. Tom Marino (R), who President Trump nominated last month to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office), has withdrawn his nomination in the wake of reports that he shepherded through Congress legislation lobbied for by drug companies and pharmaceutical chains that decreased the DEA's ability to stop suspect shipments of prescription opioids. Marino had come under fire from Democratic lawmakers after the report went public Sunday.

McCaskill Will File Bill to Undo 2016 Law Marino Pushed. Sen. Claire McCaskill said Monday she would fill a bill to repeal the 2016 law Rep. Marino shepherded through Congress at the behest of deep-pocketed drug companies and pharmaceutical chains.

Drug Testing

Wisconsin Moves a Step Closer to Drug Testing Food Stamp Recipients. The state Health Department announced last Friday that it has submitted its plans for the drug testing of food stamp recipients to the office of Gov. Scott Walker (R). Critics of the plan say it requires getting a waiver from the US Department of Agriculture, but the Walker administration disagrees. Look for a court challenge.

Law Enforcement

Justice Department Announces First Ever Indictments Against Chinese Fentanyl Makers. The DOJ announced Tuesday that federal grand juries in Mississippi and North Dakota had returned indictments against two Chinese nationals and their US-based traffickers and distributors for separate conspiracies to peddle large quantities of fentanyl, fentanyl analogues, and other opioids in the United States. These are the first indictments returned against Chinese nationals for manufacturing and distributing fentanyl destined for the US.

Florida Man Wins Cash Settlement After Police Field Drug Test Mistook Sugar for Meth. In 2015, police arrested Daniel Rushing for meth possession after they mistook glaze from a Krispy Kreme donut for methamphetamine. Rushing was held in jail for 10 hours before bonding out. The charges were dropped when subsequent tests showed the substance was indeed glazed sugar. Last week, the city of Orlando agreed to pay him $37,500 to settle his wrongful arrest lawsuit.

Sentencing

In Midst of National Anthem Controversy, NFL Endorses Federal Sentencing Reform Bill. In a letter sent Monday to leading senators, the National Football League offered "full support" for the Sentencing Reform and Corrections Act (S. 1917). "Over the last two seasons, one particular issue that has come to the forefront for our players and our teams is the issue of justice for all," the league noted, obliquely addressing the controversy surrounding NFL players kneeling during the national anthem to protest racial inequality in the criminal justice system, while at the same time supporting progressive sentencing reform.

California Governor Signs Major Drug Sentencing Reform. Last Thursday, Gov. Jerry Brown signed into law Senate Bill 180, authored by State Senators Holly Mitchell (D-Los Angeles) and Ricardo Lara (D-Long Beach). With his signature, Brown repealed a three-year sentence enhancement that added additional years to a sentence for prior drug convictions, such as drug sales and possession of drugs for sales. SB 180, the RISE (Repeal of Ineffective Sentencing Enhancements) Act, was part of Mitchell and Lara's Equity and Justice Package, bills intended to address racially biased sentencing.

Massachusetts Takes Aim at Mandatory Minimums. State Senate leaders are rallying around a sentencing reform bill that would repeal mandatory minimum sentences for small-time drug offenses, lower probation fees, and up the threshold for felony larceny. Supporters of the proposal from Sen. William Brownberger (D-Belmont) rallied last Thursday to champion the bill, which the Senate should be taking up in the next few weeks.

Chronicle AM: Alaska Towns Reject Marijuana Bans, DEA Names Acting Head, More...(10/4/17)

The DEA names an in-house acting administrator, the Massachusetts high court takes up the question of whether judges can order addicts to remain drug-free, Canada advances on looming marijuana legalization, and more.

Voters in Fairbanks and other Alaska towns rejected bans on commercial marijuana operations Tuesday. (Flickr)
Marijuana Policy

Alaska Towns Reject Marijuana Bans. Voters in Fairbanks and several towns on the Kenai Peninsula south of Anchorage rejected bans on commercial marijuana growing operations in local votes on Tuesday. The state legalized marijuana in 2014.

California Governor Signs Bill Making Smoking Pot While Motoring a $70 Ticket. Gov. Jerry Brown (D) on Monday signed into law a bill barring the use of marijuana or marijuana products while driving or riding in a motor vehicle. The maximum penalty is a $70 fine. But drivers who operate while impaired could still be nailed for that.

Hemp

Farm Bureau Endorses Federal Hemp Bill. The American Farm Bureau Federation has formally endorsed the Industrial Hemp Farming Act, House Resolution 3530, which would exclude industrial hemp from the Controlled Substances Act definition of marijuana.

Law Enforcement

DEA Veteran Named Acting Administrator. The Justice Department has named veteran DEA official Robert Patterson as acting administrator of the agency. He has been DEA's principal deputy administrator since last November, where he oversaw all of the agency's enforcement, intelligence, administrative, and regulatory activities worldwide. He is the highest ranking career special agent at DEA.

Massachusetts Court Ponders Whether Courts Can Require Addicts to Remain Drug-Free. The state's Supreme Judicial Court heard arguments Monday on whether judges can require people under their supervision who suffer from substance use disorder to remain drug-free. The case involves a woman who was sent to jail for failing a drug test while on probation for a larceny charge, but has large implications for how judges in the state deal with drug-using defendants. A decision in the case is expected around year's end.

International

Canadian Prime Minister Proposes 10% Marijuana Excise Tax. Prime Minister Justin Trudeau has proposes an excise tax on retail marijuana sales of $1 for sales of up to $10, and 10% on sales over that amount. Provinces and territories would receive half the revenues under the proposal he made Tuesday, but some provinces argue that isn't enough. Trudeau responded that the details are still open to negotiation.

Alberta Proposes Minimum Age of 18 for Pot Use. The Alberta provincial government's draft plan for marijuana legalization sets the minimum age at 18. The province says it hasn't yet decided on whether to have government-run or private sales. The draft proposal also includes provisions for use in public areas where smoking is allowed and sets a public possession limit of 30 grams.

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