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

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

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

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

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

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

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

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

This Week's Corrupt Cops Stories

A Chicago DEA agent gets caught helping a Puerto Rican drug cartel, an L.A. Customs agent gets convicted of big-time drug trafficking, a Pennsylvania police chief's heroin habit gets him in trouble, and more.

In Elizabeth Borough, Pennsylvania, the former police chief was arrested December 19 for stealing thousands of baggies of heroin from the department's evidence room. Timothy Butler, 42, was the police chief until the day of his arrest, when he resigned. Butler went down after officers complained he was interacting with a person who possessed heroin and that person told investigators he was making controlled drug buys for the chief, which investigators found unlikely. When confronted, Butler admitted the thefts and said he was addicted. He is charged with theft, obstruction of justice, drug possession, and prohibited acts.

In Chicago, a DEA agent was arrested December 20 for allegedly helping a Puerto Rico-based drug trafficking organization. Agent Fernando Gomez, 41, a former Evanston, Illinois, police detective, joined the DEA to help further a "narcotics conspiracy," prosecutors said. While still with the Evanston Police, Gomez sent guns obtained from drug dealers to a Puerto Rican man who is a member of La Organizacion de Narcotraficantes Unidos. He is also accused of helping the group smuggle drugs into New York. He faces federal drug, conspiracy, and firearms charges.

In Yulee, Florida, a former Georgia narcotics officers was arrested on December 20 on charges he was leading a meth distribution ring. Jason Kelly Register, a former Camden County Sheriff's Office and Darien Police narcotics officer, went down as part of a joint state-federal undercover investigation into meth trafficking in the area and was arrested along with 29 others. Department in McIntosh County. He is charged with conspiracy to traffic methamphetamine, sale of methamphetamine, and using a firearm in furtherance of a drug trafficking crime.

In Los Angeles, a federal customs agent was convicted December 15 of hiring a trucker to smuggle large quantities of drugs from Los Angeles to Chicago. Customs and Border Protection Agent Manuel Salas, 52, a 25-year veteran of the department, went down after the trucker was stopped in New Mexico and drugs were discovered. He then implicated Salas and his wife, who was found guilty of money laundering for accepting cash deposits for the drugs from the trucker. Salas himself was convicted of drug trafficking and conspiracy charges. He's looking at a minimum of 10 years in federal prison.

In Atlanta, a former state prison guard was sentenced December 21 to seven years and eight months in federal prison for taking money from an inmate to smuggle meth and marijuana into the Hays State Prison. Tiffany Cook, 34, went down after another inmate ratted her out and she was searched as she arrived at work. Prison officials found 118 grams of meth and 150 grams of marijuana inside her bra and vagina. She pleaded guilty to drug trafficking and introducing contraband into a prison.

Chronicle AM: Bill Barr's Drug Warrior Past, Iran Warns Sanction Could Bring "Deluge of Drugs," More... (12/10/18)

Trump's sanctions could come back to bite us, Iran warns; Trump's new attorney general pick has some solid drug warrior credentials, the WHO postpones a recommendation on marijuana scheduling, and more.

Iran interdicts more opium and heroin than any other country. (UNODC)
Medical Marijuana

Florida Governor-Elect to End Former Governor's Court Battles Over Medical Marijuana. Incoming Gov. Ron DeSantis (R) is parting ways with his predecessor, Rick Scott (R), when it comes to medical marijuana. A spokesman for DeSantis said last Friday that he is unwilling to continue Scott's court battles over the state's voter-approved medical marijuana law. "He is not interested in continuing that fight. I think he has a different perspective than Governor Scott," said spokeswoman Jeannette Nunez. "I think he wants the will of the voters to be implemented."

Foreign Policy

US Sanctions Could Lead to "Deluge of Drugs," Iran Warns. If US sanctions imposed by the Trump administration weaken Iran's ability to contain the opium trade from neighboring Afghanistan, the result could be a "deluge" of drugs, President Hassan Rouhani warned in a speech carried on state television last Friday. "I warn those who impose sanctions that if Iran's ability to fight drugs and terrorism are affected... you will not be safe from a deluge of drugs, asylum seekers, bombs and terrorism, Rouhani said. "We spend $800 million a year to fight drugs which ensures the health of nations stretching from of Eastern Europe to the American West and North Africa to West Asia. Imagine what a disaster there would be if there is a breach in the dam," Rouhani said. "We don't expect the West to pay their share, but they should know that sanctions hurt Iran's capacity to fight drugs and terrorism."

Law Enforcement

Trump's New Attorney General Pick Has Record as Drug Warrior. The president's pick to be the new attorney general, former Attorney General William Barr, may be less hostile to marijuana than Jeff Sessions, but as attorney general under George HW Bush, he pushed hard for more incarceration of drug offenders. More recently, he wrote a 2015 letter defending the criminal justice system as not in need of serious reform and defending mandatory minimum sentencing in particular, while encouraging Congress not to act on a sentencing reform bill. "It's hard to imagine an Attorney General as bad as Jeff Sessions when it comes to criminal justice and the drug war, but Trump seems to have found one," Michael Collins, director of national drug affairs for the Drug Policy Alliance, said in a press release. "Nominating Barr totally undermines Trump's recent endorsement of sentencing reform."

International

WHO Postpones Recommendation for Rescheduling Marijuana. Saying it needed more time to review findings, the World Health Organization (WHO) postponed making any recommendation on rescheduling marijuana. The recommendation was expected to be made at last Friday at the Commission on Narcotic Drugs meeting in Vienna, but that didn't happen. No new date has been provided.

Mexico's New Government Takes Aim at Cartel Finances. Mexican Financial Intelligence Unit head Santiago Nieto announced last Thursday that he had filed a complaint against three businesses and seven people linked to the Jalisco New Generation cartel. Nieto said that was only the opening salvo in the fight to stop organized crime from flourishing with impunity.

Chronicle AM: Harborside Loses Pot Tax Case, Hemp in Final Version of Farm Bill, More... (11/30/18)

The US Tax Court has ruled against Harborside being able to deduct standard business expenses, a hemp provision is in the final version of the farm bill, Mexico and the US disagree over Mexican heroin production levels, and more.

Pot shops can't deduct standard business expenses, the US Tax Court ruled in a case Thursday. (Sonya Yruel/DPA)
Marijuana Policy

California Dispensary Loses in US Tax Court. In a decision Thursday, the US Tax Court rejected a bid from Harborside Health Center to be able to declare normal business expenses on its taxes. The court held that Harborside was "engaged in only one trade or business, which was trafficking in a controlled substance" and since Section 280E of the internal revenue code bars criminal enterprises from taking the expense deduction, "Section 280E prevents [Harborside] from deducting ordinary and necessary business expenses."

Michigan Republican Lawmaker Files Bill to Ban Home Growing. Republican Senate Majority Leader Arlan Meekhof (R-West Olive) on Thursday filed a measure, SB 1243, which would ban the home grows included in the marijuana legalization initiative approved by voters earlier this month. Under the initiative, adults can grow up to 12 plants for personal use in their homes, but that's got Meekhof worried: "People don’t get to make alcohol and serve it in unregulated bars to anyone they want to. Homegrown marijuana is basically unregulated," he said. "It should be in some regulated form, so we have consistency and safety. It’s a mind-altering substance like alcohol. It should be somehow controlled." Meekhof seems to have forgotten that Michigan allows the unregulated home production of up to 200 gallons of beer a year.

Industrial Hemp

Hemp Legalization Included in Final Farm Bill. A provision to legalize industrial hemp will be included in the 2018 farm bill, Senate Majority Leader Mitch McConnell (R-KY) and top figures in the House Agriculture Committee confirmed Thursday. Legislators in the House and Senate agricultural committees said they had reached an agreement on principle on the bill and are now finalizing the language.

Law Enforcement

Houston Drug Sting Leaves Two Dead, Seven Arrested. A drug sting operation involving a multi-jurisdictional task force including the DEA, Houston Police, and a SWAT team left two men dead and seven under arrest. Task force agents met with several known drug dealers, one of whom allegedly fired on SWAT officers moving in to make arrests. He was shot and killed by a SWAT officer. A second man fled the scene, but was found by a police dog and brought back to the scene, where he complained of problems breathing and then died despite efforts by tactical medics to revive him. The seven men arrested face federal drug charges.

International

Mexico Disputes US Heroin Production Estimates. The Mexican government and the UN Office on Drugs and Crime said Thursday that opium poppy production in the country last year encompassed some 75,000 acres, far less than the 110,000 acres estimated by the US earlier this month. The Mexicans also said they had eradicated more than 90% of the crop, which would leave only enough for about 900 kilograms of heroin. The US estimated that Mexico produces 111 tons of heroin last year. 

Watch: Undercover Detroit Narc Squads Brawl As They Try to Arrest Each Other

In a caper right out of the Keystone Cops, two different squads of armed undercover Detroit narcotics officers clashed earlier this month in a buy-bust operation gone badly awry. No one was hurt or seriously injured, so the primary damage is that done to the already tattered reputation of the Detroit police.

Just since the turn of the century, the department labored under a Justice Department consent decree from 2003 to 2016 because of its reputation for excessive force and brutality, thousands of untested rape kits were found in a police warehouse in 2009, two consecutive police chiefs were forced to resign over sex scandals in 2011 and 2012, and six Detroit cops including an assistant police chief were charged last year with extortion and bribery in a scandal around steering towed car business to repair shops.

Still, even Detroit Police Chief James Craig was shaking his head over this latest incident. "This is probably one of the most embarrassing things I've seen in this department," Craig said at a news conference called after the clash.

Things went south on the night of November 9, when two officers from the 12th Precinct were posing as drug dealers in order to arrest would-be buyers. Two potential customers showed up, but they turned out to be undercover officers from the 11th Precinct out to bust drug dealers.

And those 11th Precinct narcs had backup and a search warrant waiting for once the buy went down. That's "when it started to go horribly wrong," Craig said.

Body camera video shows the two groups of cops shouting, shoving, and throwing punches at each other.

"They appeared to be like Keystone cops," Craig said of his narc squads.

The department is undertaking an internal investigation into what went wrong. Two officers accused of punching each other have been placed on restrictive duty and a supervisor has been reassigned out of special operations pending the outcome of the departmental investigation. Wayne County prosecutors are also taking a look to see if criminal charges will be filed.

There is good reason to take this police screw-up seriously. It should call into question Detroit police tactics, especially aggressive drug law enforcement, as well as police procedures that allowed the mishap to occur in the first place.

But there's another reason, too: These kinds of screw-ups get cops killed. In 1986, Detroit Police Officers Giacomo Buffa and Mark Radden were killed when Buffa and his partner, both in plainclothes, were doing a drug raid at a home and Radden and his partner, also in plainclothes, responded to a report of shots fired at the home. Both officers died in a hail of friendly fire.

Here you can see Detroit's finest at less than their finest:

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

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

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

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

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

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

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

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

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

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

This Week's Corrupt Cops Stories

Two California cops go down for faking drug buys that never happened, a former Memphis cop heads to prison for offering to escort a load of drugs, and more. Let's get to it:

In Visalia, California, two Visalia police officers were arrested last Friday for allegedly falsifying police reports about controlled drug buys that never actually occurred. Officer Bryan Ferreira was hit with 38 felonies, while Officer Shane Logan was hit with 22. The pair came under the suspicion of Tulare police this past spring, who reported their suspicions to Visalia brass. The officers have been on leave since May.

In Norfolk, Massachusetts, a state prison guard was arrested Monday on charges he was smuggling opioids into the prison. Guard Steven Frazier, 29, went down after a "cooperating witness" met him in a parking lot and provided him with Suboxone, synthetic cannabinoids, and $2,500 for his efforts. Federal agents arrested him at that meeting. He is charged with one count of conspiracy to possess a controlled substance with intent to distribute.

In Colorado Springs, Colorado, a former El Paso County sheriff's deputy was sentenced last Wednesday to six months in prison for smuggling methamphetamine hidden in food into the jail. Steven D'Agostino was arrested after a woman dropped off a container of KFC for him and investigators found a balloon with 7.5 grams of meth in the mashed potatoes.

In Memphis, Tennessee, a former Memphis police officer was sentenced Monday to 10 years in federal prison after he and a partner were caught up in a sting where they escorted what they thought was a load of drugs in return for $9,000 each. Kevin Coleman had pleaded guilty in August to drug conspiracy and official extortion. A second officer charged in the case, Terrion Bryson, pleaded guilty earlier this month and is awaiting sentencing.

This Week's Corrupt Cops Stories

A Los Angeles sheriff's deputy gets caught in a brazen ripoff, a Maryland prison guard is the last of 16 to head to prison for their roles in a massive racketeering scheme, and more.

In Kingman, Arizona, a Mohave County jail guard was arrested last Tuesday for allegedly smuggling heroin and other contraband into the county jail. Guard Ashley Desiree Aquino, 24, went down after someone informed authorities a guard was smuggling drugs. Upon questioning, Aquino admitted smuggling the drugs. She faces various charges including promoting prison contraband.

In Murfreesboro, Tennessee, a former Rutherford County narcotics detective was arrested last Wednesday for stealing a riding lawnmower and official misconduct. Former Lt. Jason Mathis allegedly stole the mower from the sheriff's impound lot. He's charged with theft of property over $2,500 and felony official misconduct.

In Los Angeles, an LA County sheriff's deputy was arrested last Thursday for allegedly claiming to be executing an official search warrant in order to rob a marijuana warehouse. Deputy Marc Antrim and two others stole 600 pounds of pot and two safes containing $100,000 in cash from the distribution warehouse. Federal prosecutors allege that Antrim and his co-conspirators "were &armed and falsely portrayed themselves to be LASD deputies executing a search warrant or conducting other official business at the warehouse." Warehouse workers called police, but when LAPD officers arrived, Antrim "falsely represented that he was conducting a legitimate search," and the LAPD officers left. Antrim is also suspected of stealing 31 handguns from a safe at Compton City Hall and assault rifles from the Sheriff's Department. It's not clear what the exact federal charges are.

In Baltimore, a former state prison guard was sentenced last Friday to six years in federal prison for his part in a racketeering ring where prison guards were bribed to smuggle in contraband. Jessica Vennie was convicted of smuggling in narcotics and using a cell phone to communicate with inmates about what they wanted to be smuggled. Vennie is one of 77 people convicted in the scheme and the last of 16 guards to be sentenced.

Good Riddance! Drug Reformers Applaud Sessions’ Departure from DOJ [FEATURE]

Former Attorney General Jeff Sessions was forced out of office Wednesday after less than two years in office, and while there is intense concern about the impact the move could have on ongoing investigations of Trump campaign and administration misdeeds, for drug and criminal justice reform advocates that concern is leavened by joy and relief at the forced exit of a man who staunchly promoted harsh and repressive drug and criminal justice policies.

Jeff, we hardly knew ye. (senate.gov)
Even as marijuana reform spread across the land and support for the tough sentencing practices of last century's drug war waned, Sessions strode bravely backward as attorney general. Among the lowlights of his tenure:

  • He escalated the war on drugs by ordering federal prosecutors to seek the toughest charges and sentences for drug offenses, a harsh return to some of the worst excesses of the drug war, one quite out of the mainstream of even Republican sentencing policy thinking these days.

  • He escalated the war on drugs by undoing Obama-era restrictions on federal asset forfeiture and restarting destructive asset forfeiture practices. His actions on asset forfeiture basically gave state and local law enforcement agencies a green light to evade state forfeiture laws by handing cases off to the feds in return for a massive cut of the proceeds.

  • He at least formally reversed the Obama administration's "live and let live" approach to marijuana reforms in the states, undoing the Cole memo that directed federal prosecutors to leave state law-compliant pot operations alone. But Sessions' anti-marijuana crusade ended up a quixotic quest, with even President Trump suggesting an openness to legal weed and leaving Sessions spinning in the wind.

  • He ignored harm reduction principles and best practices aimed at reducing drug overdoses and the spread of blood-borne disease by threatening to crack down on safe injection sites, facilities where drug users can shoot up under medical supervision that also serve as a nexus between problematic users and treatment and social services.

  • He undermined the work of the department's Civil Rights Division, particularly by moving to end the use of consent decrees that subject police departments troubled by brutality or discrimination to federal oversight.

Even some key Republican senators rejected his retrograde approach on marijuana and sentencing reform and have criticized his resort to civil asset forfeiture. While in the Senate, Sessions was one of the biggest obstacles to sentencing reform, and since he left, bipartisan support for drug policy reform has continued to grow. It's probably too much to expect progressive policies from anyone Trump appoints to replace Sessions, but it's hard to see getting someone more regressive.

The National Organization for the Reform of Marijuana Laws (NORML) minced no words in its assessment of Sessions.

"Attorney General Jefferson Sessions was a national disgrace," said NORML director Erik Altieri. "NORML hopes that he finds the time during his retirement to seek treatment for his affliction of 1950s reefer madness."

The Trump administration needs to replace Sessions with someone more in tune with popular sentiment on marijuana, added NORML deputy director Paul Armentano.

With 33 states now recognizing the medical use of cannabis, and with 10 states having legalized the use and sales of marijuana for all adults, it is pivotal that the next US Attorney General be someone who recognizes that most Americans want cannabis to be legally regulated and that they oppose any actions from the Justice Department to interfere with these state-sanctioned efforts," he said.

The Drug Policy Alliance echoed that call.

"While Trump's dismissal of Sessions raises questions about the president's motivations, the Justice Department and Senate should seize this opportunity to right Sessions' wrongs," said DPA executive director Maria McFarland Sánchez-Moreno. "The US public understands that the drug war has failed spectacularly and needs to be replaced with a health-centered approach. It is critically important that the next attorney general be committed to defending basic rights and moving away from failed drug war policies."

Jeff Sessions: A man whose time has come -- and gone.

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

Drug Policy Alliance is a financial supporter of both Drug Reporter and Drug War Chronicle.

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

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

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

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

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

Medical Marijuana

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

Heroin and Prescription Opioids

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

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