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

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

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

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

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

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

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

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

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

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

Not an Anomaly

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

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

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

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

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

It's Not Just San Francisco

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

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

When will things ever change?

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

Chronicle AM: Senate Passes Opioid Bill, CA Cops Face Racial Profiling Charges, More... (10/4/18)

Congress sends an omnibus opioids bill to the president's desk, the DEA has another Colombia scandal, the San Francisco police and Los Angeles sheriff's deputies face charges of racial profiling, and more.

Congress has sent an omnibus opioids bill to the president's desk. (Creative Commons)
Medical Marijuana

Florida Judge Blocks Medical Marijuana License Process. A Tallahassee judge Wednesday agreed to block state health officials from moving forward with the application process for medical marijuana licenses. Leon County Circuit Court Judge Charles Dodson two months ago had found the state's licensing cap "directly contradicts" the amendment legalizing medical marijuana in the state and had set a Wednesday deadline for either health officials or the legislature to resolve deficiencies in the law. When that didn't happen, Dodson issued a verbal order halting the application process.

Utah Medical Marijuana Initiative Backers Reach Deal With Legislative Leaders, LDS Church Representatives, and Utah Medical Association. Backers of the Utah medical marijuana initiative joined other organizations and lawmakers at a press conference Thursday to announce they have reached an agreement on an alternative medical cannabis law that will be enacted in a special session following the election. Proposition 2 will still appear on the 2018 ballot, but it will no longer determine the final outcome for Utah medical cannabis patients. Instead, a compromise medical marijuana bill will be enacted during a special session after the 2018 election,

Heroin and Prescription Opioids

Senate Overwhelmingly Approves Sweeping Opioids Bill. The Senate Wednesday approved a sweeping opioids package on a 98-1 vote. The bill now goes to the desk of President Trump. The omnibus opioids bill combines dozens of smaller proposals and expands and reauthorizes programs and policies across the federal government, as well as creating new programs aimed at treatment, prevention, and recovery. One portion of the bill likely to have a big impact requires US postal inspectors to screen packages shipped from overseas -- mainly from China -- for fentanyl. The bill passed the House last week.

Law Enforcement

DEA Colombia Staff Facing Three Separate Misconduct Probes. At least three DEA agents based in Bogota have left in recent months amid separate investigations into alleged misconduct. One is accused of using government resources to hire prostitutes. Ironically, that agent, Robert Dobrich, the agency's top-ranking official in Latin American, was brought in in 2015 in the wake of a scandal about agents participating in sex parties with prostitutes. A former DEA agent assigned to Colombia, Jose Irizarry, is being investigated for passing information on to drug cartels. Irizarry resigned after his activities in Cartagena were curtailed earlier this year. Meanwhile, Dobrich's deputy, Jesse Garcia, is accused of having a sexual relationship with a subordinate.

ACLU Sues San Francisco Police Over Racially Motivated Drug Arrests. The ACLU of Northern California has filed a lawsuit on behalf of six black people arrested during anti-drug operations in the Tenderloin between 2013 and 2015. The six were among 37 arrested in the stings -- every one of whom was black -- and federal public defenders raised concerns over selective enforcement. The lawsuit cites a survey of Tenderloin drug users that found about half were black, but 20% were Latino and 17% were white. Charges against 12 of those arrested were dropped in January 2017 after a judge found there was "substantial evidence suggestive of racially selective enforcement, but the dropping of the charges meant a full accounting of police misconduct never happened.

Los Angeles County Deputies Accused of Racially Profiling Hispanics in I-5 Traffic Stop Drug Searches. LA County deputies stopped thousands of Latinos on the I-5 freeway in hopes of making their next drug bust, the Los Angeles Times reported Thursday. The sheriff's Domestic Highway Enforcement Team seized lots of drugs, but it also searched the vehicles of more than 3,500 drivers who had no drugs or other illegal items, the overwhelming majority of them Latino. Some of the teams' drug busts have been thrown out of federal court as the credibility of deputies came under fire and judges found they violated the rights of motorists by conducting unconstitutional searches. The Times examined data from every traffic stop done by the team from 2012 through 2017 -- more than 9,000 of them -- and found that Latinos accounted for 69% of stops, and that two-thirds of Latinos had their vehicles searched, compared to less than half of other drivers. Though Latinos were much more likely to be searched, deputies found drugs or other illegal items in their vehicles at a rate that was not significantly higher than that of black or white drivers. The sheriff's department said racial profiling "plays no role" in the deputies' work.

International

Canada Drug User, Advocacy Groups Call for Opioid Decriminalization. Some 93 groups representing drug users assembled in Edmonton this week have called for the federal government to move toward decriminalizing opioids. The coalition is calling for Ottawa to expand legal access to safe drugs for people with substance use disorder, decriminalize possession of all drugs for personal use, and expand the availability of harm reduction services.

Ohio Initiative Would End Prison for Drug Possession [FEATURE]

Progressive voters in battleground Ohio will have one more reason to head to the polls next month. Not only do they have a chance to put a Democrat in the governor's mansion and reelect US Senator Sherrod Brown, but they also will have the opportunity to enact a dramatic sentencing reform that will keep thousands of non-violent drug offenders out of prison and help inmates currently serving time for drug possession get back into their communities sooner.

Issue 1, the smartly named Neighborhood Safety, Drug Treatment, and Rehabilitation Amendment, would:

  • Reclassify drug possession offenses as misdemeanor crimes, except for drug possession or trafficking offenses currently categorized as first-, second- or third-degree felonies;
  • Prohibit jail sentences for drug possession until an individual's third offense within 24 months;
  • Allow inmates convicted of nonviolent crimes to reduce their sentences up to 25 percent for completing rehabilitative, work or educational programming;
  • Apply cost savings from reduced prison expenses to drug treatment programs and crime victim services.

That's right, passage of Issue 1 would effectively defelonize drug possession in the Buckeye State. At least 16 states have already taken similar steps to ratchet down the drug war, including California, New York, and neighboring Pennsylvania. And now, thanks to local grassroots organizing backed by some big outside money, Ohio could be next.

It could use the help. The state's prison population has hovered around 50,000 for nearly two decades after rising dramatically during the height of drug war repression in the 1980s and 1990s, and nearly a quarter of inmates are doing time for drug offenses. Unsurprisingly, Ohio suffers the same sort of racial disparities as the rest of the country, with blacks more than five times as likely to be imprisoned as whites, and Latinos nearly twice as likely. The state's resort to mass incarceration costs it around $2 billion a year in corrections costs.

The initiative is the brainchild of the Ohio Organizing Collaborative, a coalition of 20 community organizations, faith institutions, labor unions, and policy groups across the state, and its Ohio Safe and Healthy Communities campaign. Its aim is to reduce mass incarceration and racial disparities in the criminal justice system and increase access to drug treatment. Issue 1 would "invest in proven treatment for addiction instead of more spending on bloated prisons," explained campaign manager Amanda Hoyt.

While the initiative is homegrown, the funding for it is coming mainly from out-of-staters. Facebook founder Mark Zuckerberg's Chan Zuckerberg Initiative has kicked in $1 million, and Facebook co-founder Dustin Moskovitz's Open Philanthropy Project ponied up another $1 million. George Soros's Open Society Policy Center provided $1.5 million, while California businessman Nicholas Pritzker and his wife Susan added another $60,000. Of the $4.8 million raised by the campaign, all but $19,000 came from out of state.

"Relying on incarceration to solve addiction and the conditions that drive lower-level crimes actually doesn't make communities safer, and it results in huge expenses to taxpayers with devastating impact to individuals, families, and entire communities," said Ana Zamora, criminal justice manager at the Chan Zuckerberg Initiative, in a statement.

Issue 1 will "put taxpayer dollars to better use by reducing reliance on prisons to address certain nonviolent offenses, including drug use and possession," Zamora added.

The opposition to Issue 1 isn't nearly as deep-pocketed, but it represents much of the state's criminal justice and Republican political establishment. No opposition political action committees have reported donations, but groups such as the Ohio Prosecuting Attorneys Association, the Ohio Common Pleas Judges' Association, the Association of Municipal and County Court Judges of Ohio, the Buckeye State Sheriff's Association, and the Ohio Association of Chiefs of Police have all come out against Issue 1.

And while Democratic gubernatorial candidate Richard Cordray has endorsed Issue 1, current Republican Gov. John Kasich, GOP gubernatorial candidate Mike DeWine, all the Republicans running for statewide office, and the state Republican Party itself have all announced their opposition.

"Unfortunately, Issue 1 is a one-sided proposal that will weaken the tools available to our elected representatives, county prosecutors, and judges to make and enforce laws. It will eliminate important incentives to encourage drug treatment for the addicted, and allow the drug dealers who prey on addiction to freely roam the streets," said former secretary of state Ken Blackwell in rhetoric typical of the opposition.

Other opponents resorted to hyperbolic "sends the wrong message" arguments. "The message to children is that these drugs are not dangerous; the message to drug dealers is that doing business in Ohio is low-risk," warned Louis Tobin, executive director of the prosecutors' association, and Paul Pfeifer, executive director of the Ohio Judicial Conference, in their official argument.

It must be noted that Issue 1 defelonizes only drug possession -- not drug distribution.

There has been no polling to determine what kind of support the measure has, at least none announced publicly. Will an energized Democratic base carry the day for Democrats and Issue 1 in a closely divided state on Election Day? That remains to be seen, but all those millions in campaign funds should help buy plenty of TV ads and influence voters in these final weeks. Stay tuned.

Chronicle AM: Coalition to Fight House "Drug War" Provision, Colombia Coca Crop at Record High, More... (9/20/18)

A provision in the House opioid bill that would let the attorney general set sentences for synthetic drug offenses generates opposition, Colombia's coca production was at record levels last year, the DEA has okayed the import of Canadian marijuana for research purposes, and more.

Colombia peasand farmer in his coca field. (DEA)
Marijuana Policy

New Jersey Governor Calls for Sheriff's Resignation After Racist Weed Comments. Gov. Phil Murphy (D) is calling for the resignation of Bergen County Sheriff Michael Saudino after a tape emerged of him making racist comments about black people around the topic of marijuana legalization. Although Saudino's remarks were made back in January just after Murphy's inauguration, a recording of them just went public on Wednesday. Here's what he said, referencing Murphy's inaugural address: "He talked about the whole thing, the marijuana, sanctuary state…better criminal justice reform. Christ almighty, in other words, let the blacks come in, do whatever the fuck they want, smoke their marijuana, do this do that, and don’t worry about it," Saudino said. "You know, we’ll tie the hands of cops."

Medical Marijuana

DEA Gives Green Light for Canadian Company to Import Research Marijuana to US. The DEA has granted permission to Canadian marijuana producer Tilray, Inc. to export medical marijuana to California for scientific research purposes. The Food and Drug Administration also signed off on the deal. The marijuana is headed for Dr. Fatta Nahab, an associate professor of neuroscience at the University of California San Diego medical school.

Drug Policy

Left-Right Coalition Builds to Block House Opioids Bill's "Drug War" Provision. As the House and Senate seek to reconcile their versions of bills to address the nation's opioid crisis, groups on the left and right are uniting behind an effort to undo an especially egregious provision in the House version of the bill. Organizations such as the ACLU and Human Rights Watch are joining forces with right-leaning groups like FreedomWorks and the American Conservative Union to remove language that would give the attorney general the power to create a special category for synthetic drugs such as fentanyl and set penalties for those who make or sell them. That would essentially put sentencing policy for those drugs in the hands of the attorney general. "We don’t want any attorney general to have this kind of power," said Jasmine Tyler, advocacy director for the Human Rights Watch US Program. "But I think specifically when we have an attorney general who is so out of touch with this century’s expert thinking on these issues, there should be red flags for that."

International

UNODC Says Colombian Coca Cultivation at All-Time High. The amount of acreage devoted to coca growing in Colombia increased 17% last year to hit a new record high, the UN Office of Drugs and Crime said Wednesday. Some 423,000 acres were under cultivation last year, UNODC said, the largest figure since the UN began keeping records. That will produce more than 920 metric tons of cocaine, a US government report earlier this year said. The figures come as new conservative Colombian President Ivan Duque prepares to attack the drug trade, likely including aerial fumigation of crops with glyphosate. "Our goal in the next four years is to have concrete results," he said Wednesday. "So we can at least eradicate more than 70 percent of what we have today."

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

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

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

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

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

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

New Psychoactive Substances

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

Sentencing Policy

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

International

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

Chronicle AM: CA Senate Passes SIS Bill, Black Vets More Likely to Be Drug Tested, More... (8/22/18)

Louisiana doctors could soon treat more medical marijuana patients, black VA patients on opioid therapy are more likely to be drug tested and have their treatment halted for illicit drug use than whites, a Georgia judge throws out a heroin murder conviction, and more.

A facility like Vancouver's InSite could be coming to San Francisco. A bill to make it happen is moving in Sacramento. (CC)
Medical Marijuana

Louisiana Regulators Weight Raising Limit on Number of Patients Doctors Can Treat. The state Board of Medical Examiners is set to boost the number of medical marijuana patients a single doctor can treat. The board set a limit of 100 patients per doctor in 2016, but Vincent Culotta, the board's executive director, said the limit will be raised at the board's meeting next month. "We realize we're going to have to increase that number," he said.

Oklahoma Judge Rules Implementation of Medical Marijuana Rules Can Proceed. Cleveland County District Court Judge Michael Tupper ruled Tuesday that the Board of Health can proceed with implementing the state's medical marijuana rules and regulations. He ruled against a lawsuit by more than a dozen Oklahoma patients and businesses who challenged the rules. The decision Tuesday does not end the case. The judge could still throw out some or all the challenged rules at a later date or choose to leave them alone again. Another legal challenge is still pending in Oklahoma County District Court.

Heroin and Prescription Opioids

Study Finds African-American VA Patients More Likely to Be Drug Tested, Have Prescriptions Stopped. Black VA patients on long-term opioid therapy are more likely to be drug tested by their doctors and much more likely to have their opioid prescriptions halted if any illegal drug use is found, a new study finds. About 25% of black patients were tested within six months of being prescribed opioids, while only 16% of whites were. Black patients were twice as likely as white ones to have their opioid therapy halted if they tested positive for marijuana and three times as likely if they tested positive for cocaine. The findings were published in the journal Drug and Alcohol Dependence.

Georgia Judge Dismisses Indictment in Heroin Overdose Death. A Georgia judge has dismissed a murder indictment against a man accused of injecting heroin into another man who overdosed and died. In the case, Superior Court Judge John Goger found that the defendant injected the fatal dose at the victim's request and that the victim had purchased the drug himself. Goger held that that didn't amount to heroin distribution by the defendant, and without the underlying drug felony, there is no felony murder.

Harm Reduction

California Senate Passes Bill to Permit Safe Injection Sites in San Francisco. The state Senate Wednesday approved Assembly Bill 186, which would allow San Francisco to implement a safe injection site. AB 186 permits San Francisco to establish facilities where individuals can use controlled substances under the supervision of staff that are trained to treat and prevent drug overdose and link people to drug treatment, housing, healthcare, and other services. Mayor London Breed, the San Francisco Board of Supervisors, as well as a significant majority of the San Francisco electorate, support piloting safe injection sites in San Francisco.

There’s a Surprising Obstacle to Ending Marijuana Prohibition in New Jersey

New Jersey Gov. Phil Murphy (D) campaigned on, among other things, a promise to legalize marijuana in his first 100 days in office. That didn't happen. It may not happen at all this year, and state Sen. Ronald Rice (D) is one major reason why.

New Jersey state Sen. Ronald Rice (NJSenDems via YouTube)
Marijuana legalization advocates led by Senate Judiciary Committee Chairman Nicholas Scutari (D-Cumberland) and Senate President Steve Sweeney (D-Gloucester) filed a pair of bills this session, S 2702 and S 2703 that provide lawmakers a framework for legalization, but opposition from the likes of Rice has blunted forward momentum so far.

Rice represents part of Newark, a district more than half black, and is the head of the state's Legislative Black Caucus. He is also a major anti-marijuana legalization advocate, with an array of arguments from the depths of Reefer Madness.

He most recently made headlines last week with his hyperventilating warning that if pot is legalized, Garden Staters will be faced with the prospect of -- gasp! -- "sex toys and oils with marijuana," and it could be happening right in his face.

"If in fact we legalize recreational marijuana, right across the street from my office they're going to put up stores," Rice told NJTV. "They want to call them dispensaries, but they're going to be stores that do retail selling cupcakes with marijuana, candies with marijuana, sex toys and oils with marijuana, lipsticks with marijuana, all those kinds of products that kids can get and people can get."

It's not clear why Rice thinks "kids" will be able to get marijuana products, or get them more easily than they could before. When marijuana is legalized, it has only ever legalized for adults -- not kids.

He also made a muddled attempt to deploy the discredited gateway theory that marijuana use leads to hard drug use, arguing that, "When you legalize marijuana recreationally, the number of people who've never used any type of drugs goes up substantially in terms of drug use." Say what?

Rice recognizes the devastating impact that racially biased marijuana law enforcement has on the state's minority communities -- the New Jersey ACLU reported last year that between 2000 and 2013, black residents were arrested at a rate nearly three times that of whites, even though both groups used weed at similar rates -- but says the answer is decriminalization, not legalization.

He has even filed a bill this year that would decriminalize the possession of up to ten grams, but that would also enable the state to force some marijuana users into drug treatment.

"I still want to deter people from doing something that's bad for them," Rice explained to Gothamist back in April. "If you get too high, you die from it. It kills you directly if it's too potent."

Of course, there is no known case of anyone dying from a marijuana overdose, but somebody forgot to let Rose on the secret.

In that same Gothamist interview, Rice unleashed a Gish gallop of problems he claimed would be unleashed by legal (but not decriminalized?) marijuana: Babies born with THC in their brains, businesses desperate for workers who could pass drug tests, people cashing in food stamps to score weed, drug cartels getting in the legal pot businesses, an army of drug addicts as pot smokers escalate to harder drugs, and devastated inner cities, among other looming calamities.

Rice also took his anti-legalization views to Washington, DC -- on April 20th of all days -- along with Bishop Jethro James Jr. of Newark's Paradise Baptist Church and former Democratic US Rep. Patrick Kennedy to join up with the pot prohibitionist Project SAM (Smart Approaches to Marijuana) at a press conference to blunt legalization moves.

The senator was in typical form there, warning that people already go hungry to buy drugs and that those numbers will only increase if it's easier to access legal marijuana. Rice also raised the specter of lethal violence if white college students from outside Newark come into the city in search of drugs or if blacks from the city go to white suburban towns to buy legal weed.

"Somebody's going to get killed," he said.

Rice has been in the state Senate since 1986, has won reelection easily in his heavily Democratic district, and didn't even face a primary challenger this year. He may be progressive on some issues, but on other issues, he displays the same reactionary tendencies he has displayed around marijuana. He was one of only two Democrats in the Senate to vote against bills legalizing same-sex marriage in 2009 and 2012. It may be time for District 28 voters to start looking for a senator from this century.

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

Chronicle AM: MO MMJ Inits Hand in Beaucoup Signatures, OH Racial Profiling Drug Dogs, More... (5/7/18)

Two separate Missouri medical marijuana initiatives appear set to qualify for the November ballot, the Utah medical marijuana initiative is generating organized opposition -- including the DEA -- Canada's prime minister says it's full steam ahead for marijuana legalization, and more.

Black drivers in Ohio are more likely to get drug dogs sicced on them than white ones, official data shows. (Wikimedia)
Medical Marijuana

Missouri Initiative Campaigns Hand in Many Signatures. New Approach Missouri and Find the Cure, the folks behind a pair of medical marijuana initiatives (they differ only on how regulations would work and where tax dollars would go), announced last Friday that they had handed in roughly double the number of signatures they need to come up with 160,000 valid voter signatures. Find the Cure said it had handed in more than 300,000 signatures, while New Approach Missouri said it had handed in more than 370,000. Although initiative petitions occasionally see half of their signatures get disqualified, it's far more typical for them to lose a third. If both initiatives make the ballot, the one with the most votes on election day wins.

Michigan Regulators Recommend Approving 10 New Qualifying Conditions. The state's Medical Marihuana Review Panel has recommended the approval of 10 new conditions that could qualify people to use medical marijuana. That's out of a list of 22 conditions people had asked the panel to review. The conditions include obsessive compulsive disorder, arthritis and rheumatoid arthritis, ulcerative colitis, inflammatory bowel diseases, Parkinson's, Tourettes, spinal cord injury, autism, and chronic pain. The recommendations now go to Shelly Edgerton, the director of the Department of Licensing and Regulatory Affairs, who has until July 10 to make a final decision.

Utah Medical Marijuana Initiative Gets Organized Opposition, Including the DEA. Organized opposition to the Utah Patients Coalition's medical marijuana initiative has emerged, and it includes a local DEA task force, raising questions about a federal agency interfering in a state-level ballot question. Drug Safe Utah is recruiting paid canvassers to try to get voters who signed initiative campaigns to retract their signatures. Its members include the Utah Medical Association and the DEA's Salt Lake City Metro Narcotics Task Force.

Heroin and Prescription Opioids

Three Democratic Senators Urge FDA to Pull High-Dose Opioids from Market. Sens. Joe Manchin (D-WV), Dick Durbin (D-IL), and Ed Markey (D-MA) are urging the Food and Drug Administration (FDA) to remove ultra-high dose opioids from the market because of concerns about "accidental ingestion, borrowed medication, and recreational use." The senators said patients who need high dose opioids could just take more pills, patches, or other formulations. "We believe these ultra-high dose opioids can be removed from the market without imposing hardship on those with legitimate pain needs," the senators wrote. But the Academy of Integrative Pain Management disagreed, saying the pulling the high dose opioids would "in some situations, create a greater danger because patients would be required to have several times more pills available to meet their needs. The burden of this would fall on the sickest patients, including those with cancer and/or receiving palliative/hospice/end-of-life care, whose quality of life would be diminished."

Racial Profiling

Ohio Highway Patrol More Likely to Use Drug Dogs on Black Drivers. The Associated Press has examined records on highway stops that show the state Highway Patrol uses drug-sniffing dogs on black drivers at a disproportionate rate. Blacks account for about 13% of the state population and 14% of drivers stopped by troopers, but 28% of stops where drug dogs were used. The AP made the records request after a federal appeals court criticized the arrest of a black driver on the Ohio Turnpike in 2014 and threw out the evidence used to convict him.

International

Canadian PM Says Marijuana Legalization Plan Will Proceed Without Delay. Prime Minister Justin Trudeau said last Thursday that his plan to legalize marijuana this summer will proceed without delay, despite misgivings being voiced in the Senate. "We're going to continue to move forward. We're going to bring in legalization as we've committed to this summer on schedule," Trudeau said.

Nigeria Bans Codeine. Responding to the rising recreational use of codeine-based cough syrups, the Nigerian federal government last week banned further imports of codeine into the country. The move comes as the country attempts to rewrite its drug and mental health policies.

Chronicle AM: MD MedMJ Bill Passes, Israeli MedMJ Sales to Begin on 4/20, More... (4/10/18)

New Mexico's largest city ends civil asset forfeiture, a Maryland medical marijuana expansion bill has passed the legislature, select Israeli pharmacies will soon begin selling medical marijuana products, and more.

Medical Marijuana

Maryland Legislature Passes Medical Marijuana Expansion Bill. The Senate on Monday gave final approval to a bill that would increase the number of licenses for medical marijuana growers from 15 to 20 and the number of licenses for processors from 15 to 25 -- largely in a bid to increase minority business ownership in the industry. None of the companies licensed so far has a black owner. House Bill 0002 has already passed the House and goes now to the desk of Gov. Larry Hogan (R).

Asset Forfeiture

Albuquerque to End the City's Civil Asset Forfeiture Program. New Mexico's largest city will quit seizing people's property unless there is a criminal conviction first. This decision brings the City in compliance with New Mexico state law and comes on the heels of a decision by a US District Court Judge James Browning that said that "the city's ordinance violated federal due process protections and the 2015 state law which said governments can't seize a person's property unless there is a criminal conviction in the case." The state passed asset forfeiture reform in 2015, but the city of Albuquerque refused to obey the state law -- until now.

International

Canadian Conservative Senators Want to Kill Home Cultivation. As a vote looms in the Senate on the Liberals' marijuana legalization bill, some Conservative senators are talking about filing an amendment to ban home cultivation, as well as other nibbling at the edges of the bill. "Senate Conservative Caucus will be looking at making recommendations on various legislative voids, including: driving under the influence; public consumption; home grow; outdoor grow; detection of high concentration of marijuana; border crossing …," wrote Sen. Larry Smith. Any amendments from the Tories would need support from independent counterparts to pass any amendments. The Senate currently has 12 Liberals, 43 independents, 33 Conservatives and five nonaffiliated members. The vote on the legalization bill is set for June 7.

Israeli Pharmacies to Begin Selling Medical Marijuana Products on 4/20. Surely it's just a coincidence, but select Israeli pharmacies will begin selling prescription medical marijuana products beginning April 20. Some 20 pharmacies will participate in the pilot program for regulated medical marijuana sales. The move is the result of marijuana reforms led by the Ministry of Health and approved by the government in 2016.

Chronicle AM: 11K Tainted MA Drug Cases Thrown Out, Chronic Pain Patients to Rally, More... (4/6/18)

Chronic pain patients will be rallying at state capitals Saturday to demand they not be sacrificed on the altar of the war on opioids, Massachusetts throws out 11,000 drug cases linked to a disgraced state lab chemist, and more.

For the second time, a disgraced state drug lab chemist has cost Massachusetts thousands of drug convictions. (af.mil.gov)
Marijuana Policy

New Jersey Group Pushes for More Minorities in Marijuana Business. The New Jersey Minority Alliance has been in talks with Sen. Nicholas Scutari (D), the lead sponsor of the marijuana legalization bill, Senate Bill 30, about revising it to expand minority inclusion. The group has a Social Equity Program under which communities adversely affected by the drug war would be given special consideration to establish marijuana operations. The plan would also remove barriers to entry related to prior drug arrests. Scutari says he finds the plan "interesting."

Heroin and Prescription Opioids

Chronic Pain Patients to Rally on Saturday. Concerned that the crackdown on prescription opioids in the midst of the country's opioid problem is leaving them without sufficient access to pain medications, chronic pain patients will be rallying in 45 state capitals on Saturday. The Don't Punish Pain Rally aims to fight the stigma against people with chronic or intractable pain and bring awareness to the many suffering under new prescription guidelines. "Our government really doesn't belong intruding into the physician-patient relationship and that's what's happening, said Deborah Toucheshawks, one of the senior rally organizers. "When I get a message [that] my family member has end-stage cancer and they won't give him anything for pain and now he wants to kill himself, that's a problem."

Criminal Justice

Massachusetts Court Throws Out 11,000 Drug Convictions Tainted By State Chemist. The state's highest court on Thursday threw out more than 11,000 drug convictions where evidence was tainted by being analyzed by disgraced state chemist Sonja Farak. Farak had worked as a chemist at the state's Amherst drug lab from 2004 until 2013, when she was arrested for stealing cocaine from the facility. She later admitted that during that entire period, she treated the drug lab's evidence supply as her own personal stash and tested seized drugs while under the influence of meth, cocaine, ketamine, ecstasy on a daily basis. Farak isn't the first state lab chemist to flame out and cost the state thousands of convictions. Last year, more than 21,000 convictions were thrown out in cases linked to Annie Dookhan, who admitted doctored the results of about one is six drug cases tried in the state between 2003 and 2012.

Drug War Issues

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