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Chronicle AM: Ominous DOJ MJ Report, Indonesia Prez Says Shoot Dealers, More.... (7/24/17)

A key Justice Deparatment report is slated to drop this week, so is a federal hemp bill, Indonesia's leader seems to be following in Duterte's footsteps, and more.

What is Attorney General Sessions cooking up for pot policy? We should know this week. (senate.gov)
Marijuana Policy

Justice Department Report to Be Released This Week Could Include Crackdown on Marijuana. A Justice Department Task Force on Crime Reduction and Public Safety, led by Attorney General Jeff Sessions, is set to release its report this, and reformers and industry insiders worry the report will try to link marijuana to violent crime, laying the basis for a crackdown on marijuana users and purveyors.

Massachusetts Local Control Compromise Could Face Legal Challenge. A legislative compromise that would let elected leaders in some communities ban marijuana businesses without a popular vote could be challenged as unconstitutional under state law. Under the compromise, if a majority of a local jurisdiction opposed the 2016 legalization initiative, local leaders could ban without a popular vote, but if the majority voted for the initiative, a ban would require a popular vote. The initiative itself called for no bans without a popular vote. Senate Minority Leader Bruce Tarr (R-Essex) warned that the compromise language could be challenged on the basis it violates equal protection laws.

Medical Marijuana

Virgin Islands Medical Marijuana Bill Reintroduced. Territorial Sen. Positive Nelson has refiled his Virgin Islands Medical Cannabis Patient Care Act. A similar bill died in committee last year, and Nelson wants to avoid a similar fate this year. "I'm requesting that this measure be heard by the committee of the whole, and not the Health Committee, whose chair has exhibited an obvious bias against cannabis legalization in any form," Nelson said.

Hemp

Federal Hemp Bill to Be Filed This Week. US Rep. James Comer (R-KY) is expected to introduce the Industrial Hemp Farming Act this week. The bill, versions of which have been introduced in each Congress since 2009, would remove industrial hemp from the definition of marijuana under the Controlled Substances Act and would allow research on hemp with up to 0.6% THC -- up from 0.3% in earlier bills.

Immigration

Permanent Resident Set to Be Deported for Marijuana Wins in Federal Appeals Court. The US 7th Circuit Court of Appeals in Chicago has ruled in favor of permanent resident Ming Wei Chen, who had been ordered deported from the country after a marijuana conviction. The court ruled that the Board of Immigration Appeals misapplied Supreme Court rulings when it held his conviction constituted an "aggravated felony."

International

Indonesia's President Tells Police to Shoot Drug Dealers. President Joko Widodo has told police to shoot drug traffickers as part of his efforts to fight a "narcotics emergency" in the country. "Be firm, especially to foreign drug dealers who enter the country and resist arrest. Shoot them because we indeed are in a narcotics emergency position now," Widodo said in a speech last Friday. The remarks drew comparisons with statements from Philippines President Rodrigo Duterte, who has overseen a drug crackdown that has left thousands dead there.

Amidst Violent Gun Battles, Mexico City Sees First Narco-Blockade. Mexican marines engaged in a gun battle with drug gangsters in the capital's Tlahuac neighborhood, leaving eight gunmen, including Tlahuac Cartel leader Jesus Perez Luna dead. During the shoot-out, dozens of people blocked streets in the area, setting on fire a truck and two stolen minibuses in a "narco-blockade" aimed at preventing the arrival of police and military reinforcements. That's a first for Mexico City.

Poland Legalizes Medical Marijuana. Polish President Andrzej Duda has signed a bill legalizing medical marijuana in the country. Patients will not be able to grow their own, but will be able to obtain imported marijuana products at pharmacies. The law allows people with severe illnesses to use medical marijuana if approved by a physician, but has no list of qualifying conditions. The law will go into effect in October.

Chronicle AM: US Lawmakers Rip Duterte, Harris/Paul Senate Bail Reform Bill, More... (7/21/17):

A congressional panel ripped into Philippines President Duterte and his bloody drug war Thursday, Kamala Harris and Rand Paul file a bail reform bill, a South Carolina Republican congressman files a bill to allow drug testing of unemployment applicants, and more.

US Rep. Jim McGovern (D-MA) at hearing of congressional Tom Lantos Human Rights Commission Thursday. (TLHRC)
Marijuana Policy

Maine House Approves Bill Requiring Marijuana Be Tested for Safety. The House on Thursday overwhelmingly approved a bill that would require the state Agriculture Department to set up testing facilities for marijuana before it could be sold. This is the first bill from a special select committee of legislators charged with creating a regulatory regime for legal pot. It goes against the wishes of Gov. Paul LePage (R), who wants the Bureau of Alcoholic Beverages and Lottery Operations to be in charge of all legal marijuana regulations.

Criminal Justice

US Sens. Kamala Harris, Rand Paul File Federal Bail Reform Bill. Sens. Kamala Harris (D-CA) and Rand Paul (R-KY) filed the Pretrial Integrity and Safety Act of 2017 on Thursday. The purpose of the bill is "to encourage states to reform or replace the practice of money bail, the requirement that individuals awaiting trial remain in jail unless they pay for their release." Without being able to make bail, people charged -- but not convicted -- with a crime can spend weeks or months behind bars, with devastating consequences for employment, finances, and families. The bill is not yet available on the congressional web site.

Drug Testing

South Carolina Rep Files Federal Unemployment Drug Testing Bill. US Rep. Buddy Carter (R-SC) filed a bill on Thursday that would let states screen unemployment applications for drug use and force them to undergo drug testing in some circumstances. The bill would deny unemployment benefits for 30 days to anyone testing positive for drug use, and a second positive drug test would result in a year-long ban. The bill is not yet available on the congressional website.

International

US Lawmakers Rip Philippines Drug War Abuses. At a hearing of the Congress's Tom Lantos Human Rights Commission on Thursday, American lawmakers ripped into Philippines President Rodrigo Duterte over drug war abuses, including the killing of thousands of drug suspects, and called on President Trump to condemn Duterte -- and to rescind an invitation to visit the White House. Rep. Jackie Speier (D-CA) said she was "troubled" by the invite, while Rep. Jim McGovern (D-MA) said he would "lead the protest" if Duterte shows up. "President Duterte, by all accounts, seems to not have a high regard for human rights," McGovern said. "The United States government cannot afford any degree of complicity with the kinds of human rights violations that are occurring," he said. "No other country -- I repeat that, 'no other country' -- comes to mind where people are assassinated on the streets in the name of fighting drugs, and leaders brag about it as a good thing," he added.

UN Says Bolivia Coca Cultivation on the Rise. The UN Office on Drugs and Crime (UNODC) has expressed concern about what it says is a 14% increase in land under coca cultivation. "This increase is a concern for us," said UN Drugs and Crime Representative of Bolivia, Antonio De Leo. Bolivian President Evo Morales expressed regret at the report, but noted that much more illicit coca is being grown in Colombia and Peru.

Chronicle AM: MA Legal MJ Bill Heads to Gov, DOJ Restarts Forfeiture Sharing, More .... (7/20/17)

Massachusetts lawmakers approve the legal marijuana bill, the Justice Department officially resurrects "adoptive sharing" for asset forfeitures, Gallup says more Americans have smoked pot than ever, and more.

California is on the verge of approving a state law to allow supervised injection sites to operate in the state. (vch.ca)
Marijuana Policy

Gallup Poll Has Number Who Say They've Used Marijuana at All-Time High. Some 45% of American adults have tried marijuana, according to Gallup. That's an all-time high, and it's more than ten times the number (4%) who admitted smoking pot in 1969, the first year Gallup asked the question. About 12% said they currently use marijuana.

Massachusetts Legislature Approves Compromise Legalization Bill. The House and Senate both approved a compromise measure to implement marijuana legalization Wednesday. House Bill 3818 now heads to the desk of Gov. Charlie Baker (R), who is expected to sign it. The bill increases taxes from 12% to up to 20%, and would allow authorities in localities that didn't vote in favor of the legalization initiative to ban pot businesses without a popular vote.

Medical Marijuana

Texas Bid to Expand Medical Marijuana Defeated. An effort to expand medical marijuana in the state was stopped by the House State Affairs Committee Wednesday. Rep. David Knoll (R) had tried to add an amendment to a special session bill authorizing the Texas Medical Board and other agencies, but the amendment never got enough support to come up for a vote.

Asset Forfeiture

Justice Department Brings Back Aggressive Asset Forfeiture Policy. As Attorney General Sessions vowed earlier this week, the Justice Department on Wednesday formally unrolled a revamped "adoptive forfeiture" policy that will allow state and local law enforcement agencies to hand drug cases over to the feds to ensure that the cops get the great bulk -- 80% -- of the proceeds from seizures, in many cases doing an end-run around state asset forfeiture law. The program was halted by then-Attorney General Eric Holder in 2015 after a rising outcry over abuses. The move was praised by law enforcement but criticized by civil rights groups and even some members of Congress.

Heroin and Prescription Opioids

Rhode Island Governor Signs Package of Bills to Fight Opioid Epidemic. Gov. Gina Raimondo (D) Wednesday signed into law three bills aimed at the state's opioid problem. One allows law enforcement to access an electronic prescription database without a warrant, one requires doctors to discuss the risks of addiction with patients when prescribing opioids, and one expands the kind of drugs that can be electronically prescribed. "Every Rhode Island community has been touched by this crisis, and I'll take every step I can to fight back," Raimondo said in a signing statement.

Harm Reduction

California Safe Injection Site Bill Awaits Senate Floor Vote. A bill that would allow supervised injection sites in the state has already passed the Assembly and has now been approved by both the Senate Health Committee and the Public Safety Committee. Assembly Bill 186, sponsored by Assemblywoman Susan Talamantes Eggman (D-Stockton) now awaits a Senate floor vote. If the bill passes, it will go back to the Assembly for concurrence, and then to Governor Jerry Brown's desk.

Medical Marijuana Update

A measure that would allow VA docs to issue medical marijuana recommendations advanced in the Senate, Massachusetts' highest court rules in favor of a worker fired for using medical marijuana, and more.

National

Last Thursday, a Senate panel approved medical marijuana for veterans. The Senate Appropriations Committee voted to adopt an amendment that would allow military veterans to get medical marijuana recommendations through the Department of Veterans Affairs. The bipartisan measure picked up four more votes than last year, when it was approved by the full House, but killed in conference committee.

Massachusetts

On Monday, the state's high court ruled for a woman fired for using medical marijuana. The state Supreme Judicial Court ruled that a woman fired after testing positively for legally recommended medical marijuana can sue her former employer for handicap discrimination. The employer had argued that the use shouldn't be allowed because marijuana remains illegal under federal law, but the high court disagreed. If a doctor concludes medical marijuana is the most effective treatment for a debilitating condition, "an exception to an employer's drug policy to permit its use is a facially reasonable accommodation" and "the fact that the employee's possession of medical marijuana is in violation of federal law does not make it per se unreasonable as an accommodation."

Nevada

On Sunday, medical marijuana patients complained of higher prices after recreational sales began. Medical marijuana patients are complaining of "price gouging" in the wake of the advent of legal recreational marijuana sales in the state. "Our prices have almost doubled in some places," patient Emily Wilson said. Some patients are reportedly resorting to the black market because of high legal prices.

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

Chronicle AM: Uruguay Marijuana Pharmacy Sales Begin, DPA Names New Chief, More... (7/19/17)

All New England states have now either decriminalized or legalized marijuana, the Drug Policy Alliance names a new head, Uruguay begins legal pot sales at pharmacies, and more.

Marijuana Policy

Massachusetts Legalization Implementation Bill Could Go to Governor This Week. Legislative leaders defended their compromise pot bill, House Bill 3818, Wednesday, and votes on the bill could come at any time. The measure is expected to pass the legislature and then head to the desk of Gov. Charlie Baker (R), who is expected to sign it. The bill increases taxes from 12% to up to 20%, and would allow authorities in localities that didn't vote in favor of the legalization initiative to ban pot businesses without a popular vote.

New Hampshire Governor Signs Decriminalization Bill. Gov. Chris Sununu (R) has signed into law House Bill 640, which eliminates criminal penalties for the possession of up to three-quarters of an ounce of marijuana. Instead of jail time, violators will face a $100 fine for a first offense, $200 for a second, and $350 for a third offense within three years of the original offense. With the state now adopting decriminalization, all of New England has now either legalized or decriminalized marijuana possession.

Drug Policy

Drug Policy Alliance Names New Executive Director. The Drug Policy Alliance (DPA), the nation's most powerful drug reform organization, has selected a replacement for founder and long-time executive director Ethan Nadelmann, who stepped down earlier this year.The DPA board of directors announced Tuesday it had voted unanimously to appoint Maria McFarland Sánchez-Moreno as Nadelmann's successor. McFarland Sánchez-Moreno is moving over from Human Rights Watch, where for the past 13 years she served as Co-Director of the US Program, where she picked up plenty of domestic and international drug policy experience. She also pushed for the group to more directly take on the war on drugs as a human rights issue, and as a result, Human Rights Watch became the first major international human rights organization to call for drug decriminalization and global drug reform.

International

Uruguay Legal Marijuana Sales in Pharmacies Get Underway. Pharmacists in Uruguay began selling marijuana to customers Wednesday, the last step in a pioneering national legalization process that began more than three years ago. Uruguay is the first country in the world to completely legalize marijuana for recreational use. Canada is set to be next.

Chronicle AM: MA Solons Reach Legalization Accord, Sessions Wants More Forfeiture, More... (7/18/17)

Bay state lawmakers come together on implementing marijuana legalization, Jeff Sessions signals a ramped up asset forfeiture effort, DanceSafe is offering fentanly test strips, and more.

Fentanyl test strips being offered for sale by the harm reduction group DanceSafe (dancesafe.org)
Marijuana Policy

Massachusetts Lawmakers Reach Agreement on Legalization Implementation Bill. Lawmakers announced Monday they had agreed on a rewrite of the state's voter-approved marijuana legalization law. Under the deal, taxes on pot could reach 20% (up from the 12% approved by the voters, down from the 28% proposed by the House). The measure, House Bill 3818, also addresses the issue of local control by requiring jurisdictions where a majority voted for the initiative to hold a popular vote before banning marijuana businesses; jurisdictions that didn't favor the initiative could ban such businesses without a popular vote.

Pennsylvania Auditor General Renews Call for Legalization. Auditor General Eugene DePascuale (D) came out in support of marijuana legalization earlier this year, and he was at it again this week. Now, he's arguing that legalization could help in fighting the opioid epidemic."So the connection I'm drawing there is: there are times when there are going to be people who will smoke marijuana as a way to reduce their pain," DePasquale said. "The ideal would be for nobody to have any pain, but that's not reality. In many instances, marijuana is a much safer alternative than opioids."

San Francisco Creates Office of Cannabis for Pot Businesses. The city has taken initial steps to create a new Office of Cannabis to handle marijuana permits and complaints and serve as a clearinghouse for the public and pot businesses. It will be responsible for creating and managing the permitting process for all pot businesses, as well as providing policy analysis and serving as the main point of contact for businesses, state regulators, and the public.

Asset Forfeiture

Attorney General Sessions Wants to Ramp Up Asset Forfeiture in Drug Cases. Attorney General Jeff Sessions said on Monday that the Dept. of Justice will seek to increase the use of asset forfeiture by state and local police forces. Sessions said in prepared remarks for the National District Attorney's Association meeting, "We hope to issue this week a new directive on asset forfeiture -- especially for drug traffickers. With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime."

Harm Reduction

DanceSafe is Now Offering Fentanyl Test Strips. The rave culture-oriented harm reduction group has studies various fentanyl detection strips and found that one offered by Canadian company BTNX was most effective at detecting the synthetic opioid and its analogues. It is now offering those strips for sale via its website. Click on the link for complete information.

Chronicle AM: Houston Cops Drop Faulty Field Drug Tests, AK Pot Clubs Coming, More... (7/17/17)

Houston police will quit using faulty field drug tests that sent hundreds of innocents to jail, a Colorado appeals court rules a drug dog alert on marijuana in a vehicle is not sufficient grounds for a vehicle search, the Massachusetts high court sides with an employee fired for medical marijuana use, and more.

The Massachusetts Supreme Judicial Court has ruled in favor of an employee fired for medical marijuana use. (Creative Commons)
Marijuana Policy

Alaska Regulators Advance Social Consumption Proposal. At its meeting last week, the state Marijuana Control Board voted 3-2 to approve draft rules for on-site marijuana consumption at retail outlets. Now there will be a 60-day public comment period before the rules come back to the board, most likely at its November meeting.

Colorado Appeals Court Rules Marijuana Scent Not Enough to Search Vehicle. An appeals court ruled last Thursday that a drug dog's detection of the scent of marijuana in a vehicle does not give police the authority to search the vehicle. "Because Amendment 64 legalized possession for personal use of one ounce or less of marijuana by persons 21 years of age or older in Colorado, it is no longer accurate to say, at least as a matter of state law, that an alert by a dog which can detect marijuana -- but not specific amounts -- can reveal only the presence of "contraband,'" he wrote.

Medical Marijuana

Massachusetts High Court Rules for Woman Fired for Using Medical Marijuana. The state Supreme Judicial Court ruled Monday that a woman fired after testing positively for legally recommended medical marijuana can sue her former employer for handicap discrimination. The employer had argued that the use shouldn't be allowed because marijuana remains illegal under federal law, but the high court disagreed. If a doctor concludes medical marijuana is the most effective treatment for a debilitating condition, "an exception to an employer's drug policy to permit its use is a facially reasonable accommodation" and "the fact that the employee's possession of medical marijuana is in violation of federal law does not make it per se unreasonable as an accommodation."

Nevada Medical Marijuana Patients Facing Higher Prices With Legalization. Medical marijuana patients are complaining of "price gouging" in the wake of the advent of legal recreational marijuana sales in the state. "Our prices have almost doubled in some places," patient Emily Wilson said. Some patients are reportedly resorting to the black market because of high legal prices.

Drug Testing

Houston Cops End Use of Field Drug Tests That Sent Innocent People to Jail. Police in the nation's fourth largest city have ended the use of $2 chemical field drug tests, whose use have led to hundreds of wrongful convictions in recent years. Police announced the move as an officer safety measure in the face of dangerous new drugs, but did not mention the faulty tests' role in the recent scandal over convictions based on false positives.

Chronicle AM: Dark Web Drug Sales Site AlphaBay Busted, Owner Kills Self in Jail, More... (7/14/17)

AlphaBay is history, Nevada moves to ease its legal pot shortage, the White House opioid commission misses a deadline -- again -- and more.

Marijuana Policy

Nevada Regulators Approve Emergency Measures to Ease Pot Shortage. The state Tax Commission voted Thursday to let the Department of Taxation to again determine whether limiting marijuana transport licenses to licensed alcohol distributors would result in a shortage of legal marijuana distributors. If the department does make that determination, it could then award transport licenses to previous medical marijuana distributors. "When businesses operate we get the tax revenue and that's what the state wants," testified Deonne Contine, director of the Department of Taxation. "We need to do everything we can to get more distributors licensed so these businesses can continue operating."

Industrial Hemp

Utah Regulators Give Initial Approval for Hemp Research Grows. The state Agricultural Advisory Board on Thursday gave initial approval to a new rule that would allow limited marijuana cultivation for research purposes. The rule would allow anyone with a permit to grow industrial hemp. State universities are already able to cultivate hemp for research purposes under the 2014 federal Farm Bill, but this rule now expands who can grow the plant. The rule is open for public review through the summer and if finalized, would allow the state to begin issuing permits next January.

Heroin and Prescription Opioids

White House Opioid Commission Again Misses Deadline. The president's Commission on Combating Drug Addiction and the Opioid Crisis, led by New Jersey Gov. Chris Christie (R), will miss a second deadline for filing an interim report. Under a Trump executive order establishing the commission, the panel had until June 27 to file its interim report, but failed to do so and said it would on July 17. Now, in a notice printed in the Federal Register Friday, the commission said it would reschedule its July 17 call until July 31, again missing its deadline. The commission has until October 1 to issue a final report.

Law Enforcement

Dark Web Giant AlphaBay Busted, Owner Hangs Himself in Thai Jail. AlphaBay, one of the largest drug sales websites on the Dark Web, has gone dark. It wasn't, as some suspected, a scam and rip-off by the owners, but the result of a joint law enforcement operation by police in Canada, the US, and Thailand. Canadian citizen Alexandre Cazes, identified as AlphaBay's owner, was arrested July 5 in Thailand, where he owned three luxurious homes. He was found hanged in a Thai jail cell Wednesday.

Chronicle AM: Vets MedMJ Vets Advances in Senate, Drug War Bill Advances in House, More... (7/13/15)

Congress is dealing with medical marijuana and drug policy issues, legalization advocates call on New Hampshire's governor to kill a marijuana study commission bill, Rhode Island's governor issues an executive order dealing with the state's opioid crisis, and more.

VA docs could recommend medical marijuana for veterans under legislation moving in the Senate (Sonya Yruel/Drug Policy Alliance)
Marijuana Policy

Alaska's Largest City Wants Social Consumption at Pot Shops. The Anchorage Assembly on Tuesday urged the state Marijuana Control Board to allow tourists and locals to smoke or otherwise consume marijuana at retail stores. The move comes as the board is set to meet in Fairbank later this week. The board is expected to examine several proposals related to consumption in pot shops at that meeting.

Montana Man Challenges State's Standard for Marijuana DUIs. A Billings man facing a vehicular manslaughter charge for an accident while he was allegedly under the influence of marijuana is challenging the state's de jure standard of 5 nanograms of THC per milliliter of blood. Kent Roderick Jensen and his attorney argue that the standard is arbitrary and the charge should be dismissed. "There is no science to back up the 5 ng/mL level as a level that indicates impairment in a sizable enough portion of users to make it a standard for everyone," his attorney wrote in a motion seeking dismissal. The judge in the case has heard oral arguments and received written briefs, but has yet to make a decision.

New Hampshire Governor Should Veto Marijuana Study Commission, Reform Advocates Say. Advocates sent a letter to Gov. Chris Sununu (R) asking him to veto House Bill 215, a bill that would create a study commission to consider marijuana legalization and regulation. The letter, which was signed by leading advocates including the bill's prime sponsor, Rep. Renny Cushing (D-Hampton), notes that, "The commission envisioned by the final bill includes numerous vocal opponents, such as the Association of Chiefs of Police and New Futures, but it does not include any known supporters." The House version of the bill included a representative of the American Civil Liberties Union of New Hampshire and a representative from the Marijuana Policy Project, which would have added some balance to the commission, but the Senate removed those prospective members from the bill.

Wisconsin Lawmaker Files Legalization Bill. Rep. Melissa Sargent (D-Madison) on Thursday announced she would file a marijuana legalization bill. There are no details on it yet. This would be the fourth time she has filed a similar bill.

Medical Marijuana

US Senate Panel Approves Medical Marijuana for Veterans. The Senate Appropriations Committee voted on Thursday to adopt an amendment that would allow military veterans to get medical marijuana recommendations through the Department of Veterans Affairs. The bipartisan measure picked up four more votes than last year in the committee. Then, it was approved by the full House, but killed in conference committee.

Heroin and Prescription Opioids

Rhode Island Governor Signs Executive Order Dealing With Opioid Crisis. Gov. Gina Raimondo (D) was joined by White House acting drug czar Richard Baum on Thursday as she signed an executive order aimed at curbing the "alarming rate of deaths" due to opioid overdoses. The 18-point order includes directives calling for a family task force on impacts of opioid use, expanded access to "sober" homes for people in recovery, and the creation of diversion programs to keep people out of the criminal justice system, among others.

Drug Policy

House Judiciary Committee Approves Bill that Gives Attorney General Sessions Unchecked Power to Ban New Drugs and Set Criminal Penalties. The committee on Wednesday advanced legislation that greatly expands the penalties for new drugs and gives Attorney General Sessions unilateral new powers to schedule drugs. Opponents warned that the legislation is a counterproductive approach to the opioid crisis that will exacerbate mass incarceration and enable Attorney General Sessions to ban hundreds of substances and prosecute people with long federal prison terms in violation of the new drug laws. The measure is House Resolution 2851, the "Stop the Importation and Trafficking of Synthetic Analogues Act of 2017," or "SITSA."

International

Colombia's Coca Crop Substitution Program Faces Same Old Obstacles, Report Finds. A new report from the Colombian Ideas for Peace Foundation casts doubt on the government's ability to eradicate 250,000 acres of coca plantings, saying a vacuum left by the demobilization of leftist FARC guerrillas has not been filled by the state, but is instead being filled by illegal armed drug trafficking groups and paramilitary formations. That means the state is not providing adequate security measures and sustainable alternatives in areas historically hit hardest by decades of armed conflict.

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.

Drug War Issues

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