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WATCH: Mississippi Police Chief Gets Caught Smoking Weed

The man who described himself on video as "the only chief of police in Lumberton that likes to smoke weed" is now out of a job after that video, which indeed shows him admittedly smoking marijuana, was shown on a local television station.

Lumberton, Mississippi, Police Chief Shane Flynt had been suspended after the video emerged, and on Tuesday, the Lumberton Board of Aldermen voted unanimously to accept his resignation.

Mayor Quincy Rogers wanted Flynt fired, but the board instead accepted his resignation, with Alderwoman Audrey Davis saying the board wanted to give Flynt a chance at another opportunity.

It's unclear when the video was recorded, although Christmas music can at times be heard in the background, and the red-eyed police chief makes a reference to a red-nosed reindeer.

In a statement on Facebook, Flynt said that his wife had filmed him inside his home and that he had made "a huge mistake."

Under Mississippi law, if Flynt had been caught with the weed he was smoking, he would not have been charged with a criminal offense, but would have faced a civil violation and a $250 ticket. Mississippi has decriminalized the possession of up to 30 grams. Possession of any amount greater than 30 grams (a little more than an ounce), is a felony.

Here's the video from WDAM-TV:

Chronicle AM: Senate Sentencing Reform Bill Under Attack, DEA Threatens SIJs, More... (2/15/18)

The Marijuana Justice Act gets a third cosponsor, the DEA threatens to go after safe injection sites, the attorney general and leading law enforcement groups target the Senate sentencing reform bill, and much, much more.

Jeff Sessions and major law enforcement groups are trying to kill the Senate sentencing reform bill. (senate.gov)
Marijuana Policy

Federal Judge Suggests He Will Defer to DEA, Congress on Rescheduling Lawsuit. At a hearing Wednesday over a lawsuit seeking to have marijuana de- or rescheduled from Schedule I of the Controlled Substances Act, US District Court Judge Alvin Hellerstein suggested he would rule in the government's favor. He dismissed plaintiffs' claims that marijuana prohibition was motivated by racism and political concerns when it was passed 80 years ago and he said he didn't think he had the authority to reschedule the drug. "The law is the law," the judge said. "I'm sworn to enforce the law."

Cory Booker's Marijuana Justice Act Gets Third Sponsor. Sen. Kirsten Gillibrand (D-NY) announced Wednesday that she had signed on as a cosponsor of Sen. Cory Booker's (D-NJ) Marijuana Justice Act (S. 1689). The bill is also cosponsored by Sen. Ron Wyden (D-OR).

Federal Bill Filed to Protect Legal Marijuana States and Businesses. Rep. Lou Correa (D-CA) has filed the Sensible Enforcement Of Cannabis Act (no bill number yet), which would essentially codify the protections for state-legal marijuana embodied in the now-rescinded Cole memo. "To date, eight states have legalized recreational cannabis, and twenty-nine states and the District of Columbia, representing more than half of the American population, have enacted legislation to permit the use of cannabis," Correa said. "Attorney General Sessions' decision to rescind the 'Cole Memo' created great uncertainty for these states and legal cannabis businesses, and put citizens in jeopardy for following their state laws."

Connecticut Legalization Bills Filed. Twenty-two lawmakers filed a marijuana legalization bill Wednesday. The bill, House Bill 5112, would authorize the retail sale and taxation of the herb. Separately, House Deputy Majority Leader Rep. James Albis (D-East Haven) filed another legalization bill, House Bill 5111. Similar bills last year failed to get a floor vote in either chamber. Both bills were referred to the Joint Committee on General Law.

Massachusetts Legalization Advocates Protest "Intimidation Campaign" Aimed at Forcing Restrictive Regulations. Legalization advocates are criticizing Gov. Charlie Baker (R) and other officials, saying they have conducted a "coordinated intimidation campaign" against the state body charged with crafting rules and regulations, the Cannabis Control Commission. In a series of letters to the commission, officials from the governor's office have raised public health and safety concerns and recommended it scale back its framework of rules. Advocates took their concerns to the State House Thursday, where they held a press conference.

New Jersey Lawmakers, Wary of Legalization, File Decriminalization Bill Instead. A bipartisan group of legislators urging caution on pot legalization has filed a bill that would decriminalize the possession of small amounts of marijuana. Senate Bill 472 would make the possession of up to 15 grams a civil offense. Gov. Phil Murphy (D) campaigned on legalizing marijuana, and legalization bills have already been filed in the Assembly and Senate.

Jackson, Mississippi, City Council Votes to Decriminalize Weed. The city council voted unanimously Tuesday to decriminalize the possession of up to 30 grams of marijuana. Violators would face no more than a $100 fine. Under current Mississippi state law, marijuana possession is illegal, so effective implementation will depend on local law enforcement discretion. The possession of any amount of marijuana can result in up to 60 days in jail, a fine of up to $250, and a litany of collateral consequences that impacts employment, housing, family and life opportunities.

Asset Forfeiture

Alabama Senate Committee Votes to End Civil Forfeiture by Police. The Senate Judiciary Committee voted Wednesday to approve a bill that would end civil asset forfeiture in the state. Senate Bill 213 would require a criminal conviction before cash or property could be seized. Senators said they expected the bill to face additional negotiations before it goes to a Senate floor vote.

Drug Testing

Wisconsin Bill to Block Employers from Testing for Marijuana to Be Filed. Rep. David Bowen (D-Milwaukee) said he plans to introduce a bill that would block employers from drug testing for THC or disqualifying people from jobs because of a drug test with positive results for marijuana. The bill would apply to both public and private sector workers, but not those operating heavy equipment. "Consuming THC weeks or months out from a job interview should not disqualify someone from finding employment any more than someone who drank a few beers on another date should be kept out of work" Bowen told the Isthmus in an email. "While I am in favor of the safe legalization and regulation of marijuana for both recreational and medicinal use, until that happens, people should not be stigmatized for using a substance whose effect on society is less negative than society's reaction to it."

Heroin and Prescription Opioids

Congressional Republicans Try to Blame Sanctuary Cities for Opioid Crisis. GOP lawmakers used a hearing of the House Judiciary Subcommittee on Immigration and Border Security to try to scapegoat sanctuary cities for the country's opioid crisis. "We have heard countless stories of sanctuary practices and the havoc they wreck on public safety, national security, and the sanctity of the rule of law," said Rep. Raúl Labrador (R-ID), the committee chair. "Our public safety and our public health are tied to eradicating opioids, which can never be accomplished when the force multiplier that is ICE is sidelined." But committee Democrats and analysts rejected the link. Rep. Pramila Jayapal (D-WA) said There was no "factual basis in connecting so called sanctuary city policies with the opioid crisis," said Rep. Pramila Jayapal (D-WA). "It would be laughable if it weren't so serious," she said. "If it weren't so hurtful to the characterization of immigrants across this country." Last month, Republicans tried to blame Obama's expansion of Medicaid for worsening the epidemic.

Harm Reduction

Trump Administration Threatens to Go After Safe Injection Sites. Several US cities are moving forward with plans to open safe injection sites, but the DEA has just fired a shot across the bow. In an interview with Buzzfeed, DEA spokeswoman Katherine Pfaff said the agency may take action against the facilities because they are federally prohibited. "Supervised injection facilities, or so-called safe injection sites, violate federal law," Pfaff said. "Any facilitation of illicit drug use is considered in violation of the Controlled Substances Act and, therefore, subject to legal action." She cited a 1980s crack house law that could be used. But in Seattle, at least, local prosecutors say they welcome a legal challenge and think they can convince the courts that public health powers are superior to criminal laws against drug dens run for profit.

New Mexico Passes Legislation to Examine Administering Pharmaceutical-grade Heroin or Other Opioids by Medical Practitioners to People Struggling with Long-term Addiction. The state House Tuesday approved House Memorial 56, which charges the Legislative Health and Human Services Committee to take testimony on supervised injectable opioid treatment as a feasible, effective and cost-effective strategy for reducing drug use and drug-related harm among long-term heroin users who have not been responsive to other types of treatment. The bill was sponsored by Rep. Deborah Armstrong (D-Albuquerque), chair of the House Health and Human Services Committee. This memorial does not need to pass the Senate or be signed by the governor.

Sentencing Reform

Attorney General Sessions Slam Senate Sentencing Reform Bill. Attorney General Jeff Sessions came out against a painstakingly cobbled-together Senate sentencing reform bill Wednesday, sparking a public food fight with Sen. Chuck Grassley (R-IA), the head of the Senate Judiciary Committee and the very face of dour Corn Belt conservatism.In a letter reported by Reuters, Sessions warned the committee not to approve the sentencing reform bill, S. 1917, claiming it would reduce sentences for "a highly dangerous cohort of criminals." Passage of the bill would be "a grave error," Sessions said. The measure is actually a mixed bag, a product of lengthy discussions among senators seeking a compromise that could actually pass the Senate. While it has a number of progressive sentencing reform provisions, mainly aimed at nonviolent drug offenders, it also includes new mandatory minimum sentences for some crimes, including some drug offenses. Those provisions provide political cover to conservatives fearful of being tagged "soft on crime," but tired of perpetuating failed drug war policies.

Police Groups Slam Senate Sentencing Reform Bill. The National Sheriffs' Association and the Fraternal Order of Police have both come out against the Senate sentencing reform bill, calling on President Trump to reject the bill and saying it will put violent drug dealers back out on the street. "Sheriffs will have to arrest most of them again at the county level and that will shift the cost and responsibility to us without fixing the underlying problems of violent crime and drug and human trafficking in the country," said a letter to Trump from the National Sheriffs' Association. "At a time when our nation is being ravaged by an epidemic of overdoses from the use of heroin and opioids, it seems at variance with common sense and sound policy to drastically reduce sentences for drug traffickers and then apply these reduced sentences retroactively," said the National Fraternal Order of Police.

Medical Marijuana Update

The Rohrabacher-Blumenauer amendment stays alive (for now) in the stopgap spending bill, Honolulu's police chief backs away from seizing patients' guns, and more.

National

Last Thursday, federal medical marijuana protections got a two-week reprieve. The passage of a stopgap spending bill means the Rohrabacher-Blumenauer amendment ban on spending federal funds to go after medical marijuana in states where it is legal remains in force for at least another two weeks. That's good as far as it goes, but it doesn't go nearly far enough, said Rep. Earl Blumenauer (D-OR) in a statement: "While we are pleased that these critical protections will continue, two weeks is not enough certainty for the millions of Americans who rely on medical marijuana for treatment and the businesses who serve them," Blumenauer said. "As Congress works out a long-term funding bill, it must also include these protections. And ultimately, Congress must act to put an end to the cycle of uncertainty and permanently protect state medical marijuana programs -- and adult use -- from federal interference."

Hawaii

Last Wednesday,the Honolulu police chief admitted the department erred in trying to take guns from patients. Chief Susan Ballard acknowledged to the Honolulu Police Commission that the department's abortive move to make medical marijuana patients turn in their firearms "was incorrect." She said the department will return two guns to people who turned them in voluntarily, but she also said the department will continue to deny new gun permits to cardholders.

Nevada

Last Thursday, the state's highest court okayed the state's medical marijuana registry. The state Supreme Court ruled unanimously that the state's medical marijuana registry does not violate constitutional provisions of due process, equal protection, and the right against self-incrimination. "We conclude Nevada's medical marijuana registry does not impinge upon a fundamental right," said the opinion written by Justice Ron Parraguirre. "We further conclude the registry is rationally related to the legitimate state interest of protecting the health, safety and welfare of the public."

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Looking Back: The Biggest Domestic Drug Policy Stories of the Past 20 Years [FEATURE]

As Drug War Chronicle marks the publication of its 1,000th issue (with yours truly having authored 863 of them going back to 2000), we reflect on what has changed and what hasn't in the past couple of decades. This piece recounts our domestic drug policy evolution in the US; a companion piece looks at the international picture.

A lot has happened. We've broken the back of marijuana prohibition, even if we haven't killed it dead yet; we've seen medical marijuana gain near universal public acceptance, we've seen harm reduction begin to take hold, we've fought long and hard battles for sentencing reform -- and even won some of them.

But it hasn't all been good. Since the Chronicle began life as The Week Online With DRCNet back in 1997, more than 30 million people have been arrested for drugs, with all the deleterious consequences a drug bust can bring, and despite all the advances, the drug war keeps on rolling. There's been serious progress made, but there's plenty of work left to do. 

Here are the biggest big picture drug stories and trends of the past 20 years:

1. Medical Marijuana

It was November, 1996, when California became the first state to legalize medical marijuana, five years after San Francisco became the first city in the country to pass a medical marijuana measure, thanks in large part to the efforts of activists who mobilized to make its use possible for AIDS patients. Two years later, Alaska, Oregon, and Washington came on board, and three years after that, Hawaii became the first state to allow it though the legislative process. Now, 29 states, the District of Columbia, Guam, and Puerto Rico allow for the use of medical marijuana, and public support for medical marijuana reaches stratospheric levels in polls.

But the battle isn't over. The federal government still refuses to officially recognize medical marijuana, potentially endangering the progress made so far, especially under the current administration, efforts to reschedule marijuana to reflect its medical uses remain thwarted, some of the more recent states to legalize medical marijuana have become perversely more restrictive, and in some of the more conservative states, lawmakers attempt to appease demands for medical marijuana legalization by passing extremely limited CBD-only laws.

2. Marijuana Legalization: In the War on Weed, Weed is Winning

Twenty years ago, pot wasn't legal anywhere, and Gallup had public support for legalization at a measly 25%. A lot has changed since then. It took repeated tries, but beginning in 2012, states started voting to free the weed, with Colorado and Washington leading the way, Alaska and DC coming on board in 2014, and California, Maine, Massachusetts, and Nevada joining the ranks last year. Now, about a fifth of the country has legalized weed, with more states lining up to do so next year, including most likely contenders Delaware, Michigan, New Jersey, and Vermont.

Now, Gallup has support for legalization at 64% nationwide, with even a slight majority (51%) of Republicans on board. The only demographic group still opposed to pot legalization is seniors, and they will be leaving the scene soon enough. Again, the battle is by no means over. Marijuana remains illegal under federal law, and congressional efforts to change that have gone nowhere so far. But it seems like marijuana has won the cultural war, and the rest is just cleaning up what's left of the pot prohibition mess.

3. Marijuana, Inc.: The Rise of an Industry

State-legal marijuana is already a $10 billion dollar a year industry, and that's before California goes on line next month. It's gone from outlaws and hippie farmers in the redwoods to sharp-eyed business hustlers, circling venture capitalists, would-be monopolists, and assorted hangers on, from accountants, lawyers, and publicists to security and systems mavens, market analysts, and the ever-expanding industry press.

These people all have direct pecuniary interests in legal marijuana, and, thanks to profits from the golden weed, the means to protect them. Marijuana money is starting to flow into political campaigns and marijuana business interests organize to make sure they will continue to be able to profit from pot.

Having a legal industry with the wherewithal to throw its weight around a bit is generally -- but not entirely -- a good thing. To the degree that the marijuana industry is able to act like a normal industry, it will act like a normal industry, and that means sometimes the interests of industry sectors may diverge from the interests of marijuana consumers. The industry or some parts of it may complain, for instance, of the regulatory burden of contaminant testing, while consumers have an interest in knowing the pot they smoke isn't poisoned.

And getting rich off weed is a long way from the justice-based demand that people not be harassed, arrested, and imprisoned for using it. Cannabis as capitalist commodity loses some of that outlaw cachet, some ineffable sense of hipster cool. But, hey, you're not going to jail for it anymore (at least in those legal states).

4. The Power of the People: The Key Role of the Initiative Process

The initiative and referendum process, which lets activists bypass state legislatures and put issues to a direct popular vote, has been criticized as anti-democratic because it allows special interests to use an apathetic public to advance their interests, as both car insurers and tobacco companies have attempted in California. It also gets criticized for writing laws without legislative input.

But like any political tool, it can be used for good or ill, and when it comes to drug reform, it has been absolutely critical. When legislatures refuse to lead -- or even follow -- as has been the case with many aspects of drug policy, the initiative process becomes the only effective recourse for making the political change we want. It was through the initiative process that California and other early states approved medical marijuana; it was five years later that Hawaii became the first state where the legislature acted. Similarly with recreational marijuana legalization, every state that has legalized it so far has done it through the initiative process; in no state has it yet made its way through the legislature, although we're hoping that will change next year.

And it's not just marijuana. The initiative process has also been used successfully to pass sentencing reforms in California, and now activists are opening the next frontier, with initiatives being bruited in California and Oregon that would legalize psychedelic mushrooms.

The bad news: Only 24 states have the initiative process. The good news: The ones that do lead the way, setting an example for the others.

Drug prohibition can't be separated from the larger struggle for racial and social justice. (Creative Commons)
5. The Glaring Centrality of Race

It took Michelle Alexander's 2010 publication of The New Jim Crow: Mass Incarceration in the Age of Colorblindness to put a fine point on it, but the centrality of race in the prosecution of the war on drugs has been painfully evident since at least the crack hysteria of the 1980s, if not going back even further to the Nixonian law-and-order demagoguery of the late 1960s and early 1970s.

We've heard the numbers often enough: Blacks make up about 13% of the population and about 13% of drug users, but 29% of all drug arrests and 35% of those doing state prison time for drugs. And this racial disparity in drug law enforcement doesn't seem to be going away.

Neither is the horrendous impact racially-biased drug law enforcement has on communities of color. Each father or mother behind bars leaves a family exploded and usually impoverished, and each heavy-handed police action leaves a bitter aftertaste.

The drug war conveyor belt, feeding an endless number of black men and women into the half-life of prison, is clearly a key part of a system of racially oppressive policing that has led to eruptions from Ferguson to Baltimore. If we are going to begin to try to fix race relations in this country, the war on drugs is one of the key battlefronts. Thanks in part to Alexander's bestseller, civil rights organizations from the traditional to newer movements like Black Lives Matter have devoted increasing focus to criminal justice, including drug policy reform.

6. Harm Reduction Takes Hold

We don't think teenagers should be having sex, but we know they're going to, anyway, so we make condoms available to them so they won't get pregnant or STDs. That's harm reduction. So is providing clean needles to injection drug users to avoid the spread of disease, making opioid overdose drugs like naloxone widely available so a dosing error doesn't turn fatal, passing 911 Good Samaritan laws to encourage and OD victims' friends to call for help instead of run away, and providing a clean, well-lit place where drug users can shoot or smoke or snort their drugs under medical supervision and with access to social service referrals.

Two decades ago, the only harm reduction work going on was a handful of pioneering needle exchanges, thanks to folks like Dave Purchase at the North American Syringe Exchange Network (founded in 1988), and early activists faced harassment and persecution from local authorities. But it was the creation of the Harm Reduction Coalition in 1993 that really began to put the movement on the map.

In this century, harm reduction practices have gained ground steadily. Now, 33 states and DC allow needle exchange programs to operate, 40 states and DC have some form of 911 Good Samaritan laws, and every state in the county has now modified its laws to allow greater access to naloxone.

The next frontier for American drug war harm reduction is safe injection sites, and on the far horizon, opiate-assisted maintenance. There is not yet a single officially sanctioned operating safe injection in the country, but we are coming close in cities such as Seattle and San Francisco. And let's not forget drug decriminalization as a form of harm reduction. It should be the first step, but that's not the world we live in -- yet.

7. Sentencing Fever Breaks

Beginning in the Reagan years and continuing for decades, the number of prisoners in America rose sharply and steadily, driven in large part by the war on drugs. The phenomenon gained America infamy as the world's biggest jailer, whether in raw numbers or per capita.

But by early in the century, the fever had broken. After gradually slowing rates of increases for several years, the number of state and federal prisoners peaked around 2007 and 2008 at just over 1.6 million. At the end of 2015, the last year for which data is available, the number of prisoners was 1.527 million, down 2% from the previous year. And even the federal prison system, which had continued to increase in size, saw a 14% decline in population that year.

But most drug war prisoners are state prisoners, and that's where sentencing reform have really begun to make a difference. States from California to Minnesota to Texas, among others, enacted a variety of measures to cut the prison population, in some cases because of more enlightened attitudes, but in other cases because it just cost too damned much money for fiscal conservatives.

Current US Attorney General Jeff Sessions would like very much to reverse this trend and is in a position to do some damage, for instance, by instructing federal prosecutors to pursue tough sentences and mandatory minimums in drug cases. But he is hampered by federal sentencing reforms passed in the Obama era. Sessions may be able to bump up the number of people behind bars only slightly; the greater danger is that his policies serve as an inspiration for similarly inclined conservatives in the states to try to roll back reforms there.

8. The Rise (and Fall) of the Opioids

In 1996, Purdue Pharma introduced Oxycontin to the market. The powerful new pain reliever was pitched to doctors as not highly addictive by a high pressure company sales force and became a tremendous market success, generating billions for the Sackler family, the owners of the company. Opioid prescriptions became more common.

For many patients, that was a good thing. Purdue Pharma's marketing push coincided with a push by chronic pain advocates -- patients, doctors and others -- to ease prescribing restrictions that had kept many patients in feasibly treatable pain. And which in many cases still do: A 2011 report by the Institute of Medicine found that while "opioid prescriptions for chronic noncancer pain [in the US] have increased sharply . . . [tlwenty-nine percent of primary care physicians and 16 percent of pain specialists report they prescribe opioids less often than they think appropriate because of concerns about regulatory repercussions." As the report noted, having more opioid prescriptions doesn't necessarily mean that "patients who really need opioids [are] able to get them."

While it's popular to blame doctors and Big Pharma for getting a bunch of pain patients addicted to opioids, that explanation is a bit too facile. Many of the people strung out today were never patients, but instead obtained their pain pills on the black market. Through a perverse system of incentives, people on Medicaid could obtain the pills by prescription for next to nothing, then resell them for $40 or $60 apiece to people who wanted them. Some pain management practices were on the cutting edge of relieving pain for patients who needed the help. But others were little more than shady pill mills, popping up in places like Ohio, Kentucky, and Florida -- places that would become the epicenter of an opioid epidemic within a few years.

When the inevitable crackdowns on pain pill prescribing came, legitimate prescribers of course got caught in the crossfire sometimes, especially those who served the poor or the patients who in the worst chronic pain. Their being targeted, or others reining in their prescribing practices, left many patients in the lurch again. And the closure of pill mills left addicted people in the lurch. But there was plenty of heroin to make up for the missing pills the addicted used to take. Mexican farmers have been happy to grow opium poppies for the American market for decades, and Mexican drug trafficking organizations know how to get it to market.

The whole thing has been worsened by the arrival of fentanyl, a synthetic opioid dozens of times stronger than pure heroin, which seems to be coming mostly from rogue Chinese pharmaceutical labs (although the Mexicans appear to be getting in on the act now, too).

And now we have a drug overdose crisis like the country has never seen before, with around 60,000 people estimated to die from overdoses this year, most of them from opioids (by themselves or in combination with alcohol and/or other drugs). The crisis is inspiring both admirable harm reduction efforts and an execrable turn to harsher punishments, while making things harder again for many pain patients. While many argue that the gentle side of the response to this epidemic is because the victims are mainly white, I would suggest that argument pays short shrift to all the years of hard work advocates and activists of all ethnicities have put in to creating more enlightened drug policies.

9. Policing for Profit: The Never Ending Fight to Rein in Asset Forfeiture

Twenty years ago, pressure was mounting in Washington over abuses of the federal civil asset forfeiture program, just as it is now. Back then, passage of the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 marked an important early victory in the fight to rein in what has tartly described as "policing for profit." It was shepherded though the house by then Judiciary Committee Chairman Rep. Henry Hyde, an Illinois Republican.

How times have changed. Now, with federal agents seizing billions of dollars each year though civil forfeiture proceedings and scandalous abuse after scandalous abuse pumping up the pressure for federal reform, the Republican attorney general is calling for more asset forfeiture. And Jeff Sessions isn't just calling for it; he has undone late Obama administration reforms aimed at reining in one of the sleaziest aspects of federal forfeiture, the Equitable Sharing program, although he is having problems getting Congress to go along.

In the years since CAFRA, a number of states have passed similar laws restricting civil asset forfeiture and directing that seized funds go into the general fund or other designated funds, such as education, but state and local police have been able to evade those laws via Equitable Sharing. Under that program, instead of seizing money under state law, they instead turn it over to the federal government, which then returns 80% of it to the law enforcement agency -- not the general fund and not the schools.

This current setup, with its perverse incentives for police to evade state laws and pursue cash over crime, makes asset forfeiture reform a continuing battlefield at both the state and the federal levels. A number of reform bills are alive in the Congress, and year by year, more and more states pass laws limiting civil asset forfeiture or, even better, eliminating it and requiring a criminal conviction before forfeiture can proceed. Fourteen states have now done that, with the most recent being Connecticut, New Mexico and Nebraska. That leaves 36 to go.

10. Despite Everything, the Drug War Grinds On

We have seen tremendous progress in drug policy in the past 20 years, from the advent of the age of legal marijuana to the breaking of sentencing fever to the spread of harm reduction and the kinder, gentler treatment of the current wave of opioid users, but still, the drug war grinds on.

Pot may be legal in eight states, but that means it isn't in 42 others, and more than 600,000 people got arrested for it last year -- down from a peak of nearly 800,000 in 2007, but still up by 75,000 or 12% over 2015.

It's the same story with overall drug arrests: While total drug arrest numbers peaked at just under 1.9 million a year in 2006 and 2007 -- just ahead of the peak in prison population -- and had been trending downward ever since, they bumped up again last year to 1.57 million, a 5.6% increase over 2015.

There are more options for treatment or diversion out of jail or prison, but people are still getting arrested. Sentencing reforms mean some people won't do as much time as they did in the past, but people are still getting arrested. And the drug war industrial complex, with all its institutional inertia and self-interest, rolls on. If we want to actually end the drug war, we're going to have to stop arresting people for drugs. That would be a real paradigm shift.

Chronicle AM: Move to Save Farr-Rohracher, Canada Pot Jitters, More... (11/30/17)

Canadians are getting a bit nervous as marijuana legalization looms, members of Congress make a move to ensure that protection for medical marijuana states remains, Honolulu cops decide to review their no guns for patients policy after it gets some attention, and more.

Medical marijuana is at issue in Congress. (Wikimedia)
Medical Marijuana

Congressmembers Seek Extension of Protection for Medical Marijuana States. Led by Reps. Earl Blumenauer (D-OR) and Dana Rohrabacher (R-CA), 66 members of Congress have sent a letter to the House and Senate leadership urging them to extend the Rohrabacher-Farr provision in place for the last three years that blocks the Justice Department from spending taxpayer funds to go after medical marijuana in states where it is legal. The provision is set to expire December 8. It was included in the Senate version of the Justice funding bill, but not the House version, so it will be up to a conference committee to decide whether it remains.

Hawaii Cops Back Off on Telling Patients to Hand in Their Guns. The Honolulu Police policy of sending letters to registered medical marijuana patients telling them they must turn in their firearms is now under review by the department. While police said the letters have been going out all year, the practice only broke into the open last week, raising controversy. The department said it will continue to deny future gun permits to medical marijuana card holders, a practice upheld by the state court of appeals.

Minnesota Adds Autism and Apnea to List of Qualifying Conditions. The state Health Department announced Thursday that autism spectrum disorders and obstructive sleep apnea will be added to the list of qualifying conditions for the use of medical marijuana. The change will take effect in July. Petitioners had sought qualifying condition status for ten disorders, including anxiety, dementia, liver disease, and Parkinson's Disease, but only autism and apnea made the cut.

International

Poll: Canadians Split on Whether Country Will Be Ready for Legal Pot on July 1. A new Angus Reid poll finds Canadians almost evenly split on whether the country should delay the advent of marijuana legalization beyond its scheduled July 1 rollout. Some 53% say the timeline should remain the same, while 47% want it pushed back. The poll also found that more than half of Canadians aren't sure their province will be ready in time. The marijuana legalization bill has passed the House of Commons and is now before the Senate, which could try to delay it.

Chronicle AM: Mexican Military's Drug War Abuses, Norway Reduces LSD Penalties, More... (11/9/17)

The man behind Florida's medical marijuana initiatives is considering a run for governor and now wants to legalize it, a battle over medical marijuana is looming in Indiana, a new report says the Mexican military is getting away with murder in its US-backed drug war, and more.

Mexican Marines doing drug war duty (Borderland Beat/Creative Commons)
Marijuana Policy

Colorado Towns Approve New Pot Taxes. Voters in several localities approved proposals to set new marijuana taxes on Tuesday. Eagle County approved new sales and excise taxes that will start at 2.5% and increase to 5%. The town of De Beque appoved a 5% sales tax, while Longmont approved a 3% tax and Berthoud a 7% one.

Florida Attorney, Possible Gubernatorial Candidate, Says Legalize It. Florida attorney John Morgan, the man behind the state's medical marijuana initiatives, is considering a run at the Democratic gubernatorial nomination and he says he's ready to legalize marijuana. "As to marijuana itself -- and I've kind of evolved to this point -- I believe now that the real answer is that we should just legalize marijuana, period, in America," he said in an interview with WUFT TV. "There's so many kids, young people, whose lives are ruined forever for possession of marijuana. And you get arrested, yeah, you may not go to jail, but that may be the end of West Point, that may be the end of law school, that may be the end of getting this university, it may be the end of that job."

Medical Marijuana

Indiana Battle Lines Forming Over Medical Marijuana. A group of military veterans advocating for medical marijuana is holding a news conference today to make their case for legalization, but they're facing opposition from the state's county prosecutors, who have urged state leaders to resist legalization "in any form, for any purpose." In making their case, the Association of Indiana Prosecuting Attorneys deployed Reefer Madness-style rhetoric, writing that "despite claims of the contrary, the legalization of marijuana could further exacerbate Indiana's opioid epidemic," and, "that information purporting that marijuana is medicine is based on half-truths and anecdotal evidence."

International

Backed by US Anti-Drug Funds, Mexico's Military is Getting Away With Murder, New Report Charges. A new report from the Washington Office on Latin America (WOLA) charges that the Mexican military is resorting to torture, sexual violence, extrajudicial executions, and forced disappearances as it pursues its fight against drug trafficking organizations. Rampant violations go unpunished, and the report exposes a culture of impunity and a lack of transparency within the military. "Violence has increased in the country while human rights violations persist, the urgency and pressure to pass reforms to strengthen the civilian police force has decreased, and accountability has been virtually nonexistent," the report noted.

Norway Lowers Penalties for LSD Possession. Hearing an appeal from a man sentenced to five months in jail for possession of LSD for personal use, the Supreme Court has instead sentenced him to 45 hours of community service, setting the stage for a more general relaxation of penalties for LSD possession for personal use.

(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: New Gallup Poll Has Record Support for Marijuana Legalization, More... (10/25/17)

Nearly two-thirds of Americans now support marijuana legalization, and even more in Connecticut, the House passes a bill increasing funding for drug interdiction, the GAO reports on five years of US drug war spending in Latin America, Afghanistan has a whopping record opium crop, and more.

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

Gallup Poll Has Legalization Support at Record High, Approaching Two-Thirds. A Gallup poll released Wednesday has support for marijuana legalization at a record high 64%, up four points from last year and twice as high as just 17 years ago. The poll also includes another first: For the first time, a majority of Republicans support legalization.

Connecticut Poll Has Legalization Support Above 70%. A new Sacred Heart University Institute for Public Policy poll has support for legalization at a whopping 70.6%. That includes both "strongly support" and "somewhat support." Among people under 35, 83.2% wanted to legalize it, and even 73.6% of residents with children in the household were supportive. Legalization should be on the legislative agenda next year.

Washington State Marijuana Sales Top $1 Billion Mark This Year. By the end of September, retail marijuana sales topped $1.1 billion, according to data released by the State Liquor and Cannabis Board. That's just short of Colorado's figure of $1.118 billion so far this year.

Heroin and Prescription Opioids

Bill Would Create Federal Task Force to Fight Fentanyl and Heroin. US Reps. Katherine Clark (D-MA) and Evan Jenkins (R-VA) filed HR 4090, the Fentanyl and Heroin Task Force Act, on Monday. The bill would create a multi-agency task force including members of Customs and Border Protection, the Drug Enforcement Agency, the FBI, Immigration and Customs Enforcement's Homeland Security Investigations, the IRS, the International Trade Administration, the Office of National Drug Control Policy and the US Postal Inspection Service. The task force would coordinate federal efforts to go after fentanyl trafficking groups and identify the sources of heroin and fentanyl production and distribution. The bill has been referred to the House Judiciary Committee.

House Passes Bill to Beef Up Customs, Border Patrol to Wage Drug War. The House voted 412-3 to approve HR 2142, the INTERDICT Act. The bill appropriates funds to pay for new screening devices, laboratory equipment, facilities, and personnel needed to enforce prohibition against fentanyl and other synthetic opioids. A companion measure in the Senate hasn't moved yet.

Foreign Policy

GAO Report: US Spent $39 Billion Fighting Drugs in Western Hemisphere in Five Years. Between 2010 and 2015, US agencies implementing the National Drug Control Strategy spent $39 billion trying to block the flow of drugs from Latin America into the United States. That includes the Defense Department, Homeland Security's ICE, Homeland Security's CBP, the Coast Guard, the Justice Department's DEA and Organized Crime Drug Enforcement Task Forces, the State Department, and the Agency for International Development. Given the huge drug flows from south of the border, it doesn't seem to be working that well.

State Department Wants Stronger Anti-Drug Efforts from Mexico. A day after the DEA identified Mexican drug trafficking groups as the key criminal threat in drug enforcement, Deputy Secretary of State John Sullivan told a business meeting in Mexico that Mexico needed to do more to help. "More rigorous, collaborative efforts to confront the threat posed by the production and distribution of heroin and fentanyl are a priority for the United States," Sullivan said in remarks reported by ABC News.

International

Afghanistan Has Record Opium Harvest This Year. The opium poppy crop this year is a record and more than double last year's crop, according to Afghan Counter-Narcotics Minister Salamt Azimi. He blamed high levels of insurgency for preventing eradication programs from operating. Last year's crop was estimated at 4,700 tons, but this year's will likely exceed 10,000 tons.

Chronicle AM: Fed MJ Amendments Coming, Trump to Name Marino as Drug Czar, More... (9/5/17)

Trump nominates a drug czar, federal drug prosecutions are down, Obama's clemency program barely scratched the surface, British nitrous oxide prosecutions get laughed out of court, and more.

Rep. Tom Marino (R-PA) is Trump's pick for job czar. (house.gov)
Marijuana Policy

Federal Representatives File Marijuana Banking Amendments. Congressional supporters of legal marijuana have filed two amendments to the House Treasury appropriations bill. One would prohibit Treasury from spending money to punish banks that service the legal marijuana sector; the other bars Treasury from altering FinCEN's guidance to banking institutions. If passed, the bills would allow marijuana businesses in compliance with state laws to have access to the banking system.

Rep. Ted Lieu Files Amendment to Cut DEA Eradication Funding. Rep. Ted Lieu (D-CA) has reintroduced an amendment to slash funding for the DEA's marijuana eradication program by half. Last year, the budget for eradication was $18 million, spent mainly on uprooting low-THC feral hemp in the Midwest. The program "is a ridiculous waste of precious federal resources, especially when multiple states and jurisdictions have already legalized marijuana… it is time for the federal government to stop making marijuana use or possession a federal crime," Lieu said.

California Regulation Bills Die As Legislature Gets Out of the Way. The Senate Appropriations Committee last Friday bottled up ten bills aimed at regulating legal marijuana commerce, leaving the way clear for the state's new Bureau of Cannabis Control to finish its own rulemaking process before lawmakers come back with additional restrictions. "Legislative leaders are working with the administration on a budget trailer bill to resolve cannabis-related issues. It makes sense to take a comprehensive approach," Sen. Ricardo Lara (D-Bell Gardens) chairman of the committee, told the Marin Journal.

Colorado Lawsuit Claims DOJ Using IRS to Do Criminal Investigations of Pot Businesses. The owners of a medical marijuana business in the town of Silt have filed a lawsuit challenging IRS subpoenas to the state's Marijuana Enforcement Division that seek information about how much marijuana the businesses have grown, who they sold it to, and when. The lawsuit alleges that the information is being sought for possible use in criminal investigations by the Justice Department. The IRS says it is simply trying to verify financial records.

Delaware Task Force on Marijuana Legalization Will Meet Wednesday. A state legislative task force charged with studying how marijuana might be legalized and making recommendations on doing so will meet for the first time on Wednesday. The task force was created by legislative resolution after a bill to legalize marijuana failed earlier this year.

Drug Policy

Trump to Name Pennsylvania Republican Congressman as Drug Czar. The White House announced Friday that President Trump will nominate Rep. Tom Marino (R-PA) to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Marino had been mentioned as a possible drug czar earlier, but withdrew from consideration in May, citing family illness.

Law Enforcement

Federal Drug Prosecutions Fall Under Trump. Despite all the tough talk about cracking down on crime coming from the White House and the Justice Department, the latest data from the department show that overall criminal conviction and drug conviction are both down during the first 10 months of Fiscal Year 2017. Overall criminal convictions were down 12.3% over last year and are now lower than at any time since 2008. Federal drug convictions were also down by 4.0%, reaching their lowest level since 1997. Of all DOJ prosecutions, immigration offenses accounted for 53.1%, followed by drug conviction at 18.6%.

Sentencing

Report on Obama's Clemency Initiative Finds Only a Small Percentage of Those Eligible Actually Got Clemency. The US Sentencing Commission has released an analysis of the implementation of the Obama administration's 2014 clemency initiative, which encouraged long-serving, nonviolent drug offenders to apply for sentence cuts. The report found that while President Obama granted more commutations than any other president (1,928) and that most of them (1,696) were sentence commutations under the 2014 Clemency Initiative, the initiative only saw sentence cuts for only 3.4% of all federally imprisoned drug trafficking offenders who appeared to meet all the clemency criteria. On the other hand, those who did get sentence cuts saw an average reduction of nearly 12 years.

International

Philippines Drug War Has Nation's Jails Creaking Under the Pressure. While the horrid killings of thousands of suspected drug users and dealers had grabbed the world's attention, President Rodrigo Duterte's drug war has also seen nearly 100,000 people arrested on drug charges, with almost all (94%) of them still in jail awaiting trial. As a result, the country's jails are now tremendously overcrowded, with one prison with an official capacity of 262 inmates now holding 2,975 -- three-fourths of them for drug offenses. It's not just the jails that are feeling the pinch; the Public Attorney's Office, which defends the cases, reports a backlog of 303,000 drug cases, nearly 2 ½ times the backlog when Duterte took office.

British Courts Throw Out Laughing Gas Prosecutions. In the past few days, two cases in which the government attempted to prosecute people for supplying nitrous oxide (laughing gas) have collapsed, with courts ruling that that the stuff is a medicine and thus exempt from last year's Psychoactive Substances Act. This is no surprise to drug experts, including the government's own drug advisors, who warned the law was overly broad and unworkable.

Chronicle AM: Wyden Wants DOJ to Release MJ Recs, Pressure on DHS Over Meth Death, More... (8/2/17)

Oregon Senator Ron Wyden has asked Attorney General Sessions to release recommendations on possible changes in federal marijuana enforcement, congressmembers want changes at Customs and Border Protection after video of a Mexican teen's death after drinking meth in front of Customs agents went public, and more.

Puerto Rico is hoping medical marijuana will deliver an economic miracle. (Creative Commons)
Marijuana Policy

Ron Wyden Asks Sessions to Release Crime Task Force Marijuana Recommendations. Oregon Democratic Sen. Ron Wyden sent a letter to Attorney General Sessions Tuesday pressing him to reveal any possible changes to federal marijuana enforcement policies contained in recommendations presented to him last week by the Justice Department's Task Force on Crime Reduction and Public Safety. "It is concerning to see this administration failing, once again, to be transparent and straightforward with the American people about the motivations behind its policy shifts," Wyden wrote. "I write to you today to ask that the recommendations of the Task Force on Crime Reduction and Public Safety immediately be made public."

Medical Marijuana

Puerto Rico Looks to Medical Marijuana as Economic Medicine. Economically ravaged Puerto Rico is counting on medical marijuana to boost its economy. The island's treasury secretary estimates the industry could generate up to $100 million a year and help reduce an unemployment rate currently around 12%. The US territory is in a fiscal crisis, facing billions in budgets cuts and a public debt load of $70 billion. David Quinones, operations director of Puerto Rico's largest medical marijuana producer, Natural Ventures, told the Washington Post: "Name one new industry in Puerto Rico capable of generating millions and billions in capital and improving an economy in a mega-crisis. There is none."

Law Enforcement

Oregon Drug Task Force Disbanding. The Lane County Interagency Narcotics Enforcement Team is disbanding effective immediately, with Board Chairman Rick Lewis, the police chief in Springfield, citing budget and staffing issues. The task force, which was founded in 1987 to deal primarily with meth labs, has disbanded once before. In 2005, it was shut down for three years after budgeting shortfalls. Last year, the task force made 110 arrests and seized nearly 15 pounds of meth and $133,000 in cash.

After Death Of Teen Who Drank Liquid Meth At Checkpoint, Lawmakers Call For Action. Members of Congress are calling on the Department of Homeland Security to take steps to improve training after video of a Mexican teen drinking liquid methamphetamine in front of Customs agents and then dying became public last week. The boy, Cruz Velazquez Acevedo, died in 2013. "What happened to Cruz Velazquez was absolutely horrible, and we must guarantee that something like this never happens again," Rep. Juan Vargas, D-Calif., said in an email Monday to KPBS. "I am requesting an immediate response from the Department of Homeland Security to ensure that proper training is put in place for Customs and Border Protection agents." The Department of Homeland Security has already paid a $1 million settlement with the teen's family.

Outrageous Massachusetts Drug Bill Would Send You to Prison and Steal Your Car -- No Drugs Needed

p>With the support of state law enforcement, a Massachusetts Democratic state representative has filed a drug war bill that would send violators to prison for a mandatory minimum two years (five years for a second offense) and allow police to seize their vehicles -- all without the presence of any actual drugs.

Sponsored by Rep. Stephan Hay (D-Fitchfield), the measure, House Bill 1266, makes it a crime to have a hidden compartment in one's vehicle or to try to add one -- and it presumes that any hidden compartment in a vehicle is for "for the purpose of transporting or distributing controlled substances" and related contraband, such as cash or weapons. As the bill specifies in its asset forfeiture section:

Proof that a conveyance contains a hidden compartment as defined in this section shall be prima facie evidence that the conveyance was used intended for use in and for the business of unlawfully manufacturing, dispensing, or distributing controlled substances.

This is a legislative attempt to redefine reality in the name of drug war priorities akin to South Dakota's law deeming meth use or possession by a parent as child abuse. Despite that law, meth use is not child abuse, although it could lead to it. Similarly, having a hidden compartment in a car does not mean one is involved in trafficking, although one could be. But in both cases, legislators seek to twist reality to sync with prohibitionist -- and punitive -- ideology.

Only one state, Ohio, has a similar law on the books, and it has only been used once, but that one instance should be disturbing. In 2013, state troopers stopped Norman Gurley and discovered a secret compartment in his vehicle. They found absolutely no drugs but arrested him anyway on charges he broke the secret compartment law. That case briefly became a national news sensation before fading into obscurity, but it still lives: Gurley is set for a jury trial in December.

Police in Massachusetts are supporting this bill not only because it gives them one more tool in their war on drugs, but also because they get to keep any cars they seize. Massachusetts has the worst civil asset forfeiture laws in the country, and unlike states that are lining up to end forfeitures without a criminal conviction, as neighboring Connecticut did this week, cops only need to reach the threshold of probable cause that someone's cash or car or other property is related to a crime to seize it. This bill would make it all the easier, and they wouldn't even need to find any drugs.

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