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Chronicle AM: Dark Web Dealers Banning Fentanyl, Luxembourg Moves to Legalize Weed, More... (12/3/18)

China agrees to make fentanyl a controlled substance, Dark Web dealers begin banning fentanyl sales, Luxembourg could become the first European country to legalize marijuana, and more.

Fentanyl--too dangerous for the Dark Web? (DEA.gov)
Marijuana Policy

Michigan Bill Would Free Prisoners Doing Time for Marijuana Crimes. Democratic lawmakers have filed a bill, House Bill 6508, that would allow prisoners convicted of certain marijuana offenses to get out of prison. The release would apply to people imprisoned for use, possession, or distribution of marijuana if they meet certain conditions. It would also reduce sentences for other marijuana crimes.

Medical Marijuana

Iowa Sees First Medical Marijuana Dispensaries. The Hawkeye State's first medical marijuana dispensaries opened over the weekend. Five were authorized under a law passed last year and licenses were awarded earlier this year. The state's law only allows for the use of CBD products.

Heroin and Prescription Opioids

Dark Web Drug Dealers Voluntarily Ban Fentanyl Sales. The British National Crime Agency reports that major dark web drug sellers have begun voluntarily banning the sale of fentanyl because it is both too dangerous and too likely to provoke police crackdowns. That would put the powerful opioid in the company of mass casualty firearms and explosives as commodities too dangerous to trade on the dark web.

Foreign Policy

China Agrees to Make Fentanyl a Controlled Substance After Talks With US. The Chinese Foreign Ministry said it had "decided to schedule the entire category of fentanyl-type substances as controlled substances, and start the process of revising relevant laws and regulations" after the meeting between President Trump and Chinese President Xi Jinping in Buenos Aires on Saturday. The two countries have "agreed to take active measures to strengthen cooperation on law enforcement and narcotics control," including the control of fentanyl-type substances, the statement said. The White House called the move "a wonderful humanitarian effort."

International

Luxembourg Moves Toward Legalizing Marijuana. In a joint press conference, the three political parties that constitute the country's governing coalition announced plans to legalize marijuana, including legal marijuana sales. The announcement came after an online petition calling for legalization generated enough support to be discussed in parliament. The petitioners asked for marijuana to be regulated, pointing to Canada as an example. A final agreement on the exact structure of legalization is expected to be finalized this week. 

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. 

Chronicle AM: Supreme Court Hears IN Seizure Case, Filipino Cops Jailed for Drug War Crimes, More... (11/29/18)

The Supreme Court heard oral arguments in an Indiana asset forfeiture case, outgoing marijuana reform roadblock Rep. Pete Sessions (R-TX) has done it again, a North Carolina "decrim" bill gets filed, and more.

Three Philippine police are jailed for murder, marking a first in Rodrigo Duterte's bloody drug war. (Creative Commons)
Marijuana Policy

Pete Sessions Blocks Another Federal Pot Bill. Rep. Pete Sessions (R-TX) has consistently used his position as chair of the House Rules Committee to block marijuana reform measures, and he did it again Wednesday. This time he blocked an amendment from Rep. Jared Polis (D-CO) that aimed at providing tax relief for legal marijuana businesses. But Sessions' career as reform roadblock is coming to an end; he was defeated in the November midterms. Incoming Rules Committee Chairman Rep. James McGovern (D-MA) has already promised to allow marijuana amendments to move when he takes over in January.

North Carolina Legislators File Bill to Decriminalize Up to Four Ounces. Four legislators have co-sponsored a bill, S 791, which would essentially decriminalize the possession of up to four ounces of marijuana. Possession would remain a misdemeanor, but with no possible jail sentence, and the bill includes language that would allow people convicted of possessing less than four ounces to petition for expungement, which would be automatic if the amount actually was under four ounces.

Asset Forfeiture

Supreme Court Oral Arguments Suggest Indiana Will Be Slapped Down in Asset Forfeiture Case. The Supreme Court heard oral arguments Wednesday in the case of an Indiana man whose $42,000 Land Rover was seized after he pleaded guilty to small-scale heroin sales, and the justices' questioning strongly suggested they would rule against the state. The legal argument is whether the 8th Amendment's provisions against "excessive fines" applies to civil asset forfeiture at the state level. The case is Timbs v. Indiana.

Harm Reduction

San Diego Judge Orders Preliminary Injunction Closing Orange County Needle Exchange Program. A San Diego judge has issued a temporary injunction to shut down a mobile syringe exchange program run by the Orange County Needle Exchange Program (OCNEP), which is being sued by Orange County. A ruling issued in California Superior Court on Tuesday bars the mobile program from operating until a trial is held sometime in January 2019.

International

Brazilian Lawmakers Approve Medical Marijuana Bill. A bill that would allow the cultivation and use of marijuana for medical reasons was approved by a Senate committee on Wednesday. Patients with doctors' prescriptions would be able to grow, possess, and consume the drug. The Senate Social Affairs Committee advanced the bill, but it now has to be approved by the Commission on Constitution and Justice before going to a Senate floor vote. If it passes the Senate, it must then be approved by the Chamber of Deputies and signed by incoming President Jair Bolsonaro, who opposes legalization and has espoused a harsh approach to drugs.

Philippine Court Sentences Three Cops for Drug War Murder of Teen. The Caloocan City regional trial court on Thursday sentenced three police officers found guilty of murdering a 17-year-old high school student to 40 years in prison. They were the first police to be convicted in President Rodrigo Duterte's bloody war on drugs. "A shoot first, think later attitude can never be countenanced in a civilized society. Never has homicide or murder been a function of law enforcement. The public peace is never predicated on the cost of human life," said the ruling by Judge Roldolfo Azucena.

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:

Medical Marijuana Update

Michigan's unlicensed dispensaries get a break, New Jersey is set to expand its medical marijuana program, and more.

Michigan

Michigan Unlicensed Dispensaries Can Stay Open Until Year's End. Medical marijuana dispensaries will be able to continue operating until at least December 31 as they await state licenses, the Bureau of Medical Marijuana Regulation announced Tuesday. Some 40 dispensaries have received state licenses so far; another 98 await licenses.

New Jersey

New Jersey Senate Health Committee Votes in Support of Medical Marijuana Expansion. The Senate Health, Human Services, and Senior Citizens Committee voted Monday to expand the state's medical marijuana program. But advocates had concerns: "Today's vote in support of expanding New Jersey's medical marijuana program is a step in the right direction," said Roseanne Scotti, New Jersey State Director of the Drug Policy Alliance. "However, we have concerns about the impact of this legislation on patients, as it will transfer oversight of medical marijuana from the New Jersey Department of Health, which has a long established, patient-centered program, to a new and relatively undefined commission."

Utah

Utah Medical Cannabis Act Revised Again. A bill aimed at replacing the voter-approved Prop 2 medical marijuana law has now been revised for a third time as legislators prepare to meet in special session to pass it. The newest version removes renter protections for patients, but increases the number of license for "cannabis pharmacies." Under the bill, a central pharmacy would ship marijuana to local health departments for patients to pick up, or patients could use the "cannabis pharmacies."

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

Chronicle AM: First Step Act Fight Continues, MI Gets Legal Marijuana December 6, More... (11/28/18)

Senate Republicans are trying to find a way to keep the First Step Act alive, marijuana use and possession becomes legal in Michigan next week, and more.

Will the First Step Act get a Senate vote this year? And if it does, will it pass? Stay tuned. (ussc.gov)
Marijuana Policy

Michigan Marijuana Legalization Goes into Effect December 6. As of a week from tomorrow, it will be legal to possess and use small amounts of marijuana. But it will probably take until sometime in 2020 for pot shops to open for business. The state says it will start taking business applications late in 2019.

Medical Marijuana

Michigan Unlicensed Dispensaries Can Stay Open Until Year's End. Medical marijuana dispensaries will be able to continue operating until at least December 31 as they await state licenses, the Bureau of Medical Marijuana Regulation announced Tuesday. Some 40 dispensaries have received state licenses so far; another 98 await licenses.

Psychedelics

Oregon Attorney General Approves Psilocybin Ballot Measure Language. An initiative that would allow licensed medical professionals to administer psilocybin for therapeutic purposes has had its ballot language approved. The next step is signature-gathering to get the measure on the 2020 ballot. The measure will need 140,000 valid voter signatures to qualify.

Drug Treatment

Massachusetts Federal Court Judge Orders Jail to Provide Methadone. A federal court in Massachusetts granted a preliminary injunction this week, requiring that the plaintiff in the case be provided continued access to methadone treatment for his opioid use disorder while incarcerated. The ruling requires a jail in Essex County to provide medication-assisted treatment (MAT) to a man who is about to be sentenced for conduct that occurred two years ago, before he first started his recovery. The court held that the plaintiff is likely to succeed on his claim that the jail's refusal to provide methadone treatment violates both the Americans with Disabilities Act (ADA) and the 8th Amendment of the US Constitution, which prohibits cruel and unusual punishment.

Sentencing Reform

Senate Republicans Seek Way to Get Sentencing Reform Bill Moving Again. Senate Republicans are pondering changing the First Step Act (S.2795) to make it more palatable for some conservatives, but which could blow up the bipartisan compromise that supports the bill as is. Some of the changes being discussed include tightening the safety valve provision, getting tougher on fentanyl offenders, and backing away from an ending the "stacking" regulation, which adds more time to sentences of people convicted of drug offenses while possessing a firearm. President Trump, meanwhile, continues to push Senate Majority Leader Mitch McConnell (R-KY) to bring the bill to a Senate vote.

Chronicle AM: NJ Legalization Bill Advances, NYC Times Square Ads Target Governor Over Overdoses, More... (11/27/18)

New Jersey's marijuana legalization bill is finally moving, activists in New York City target the governor over safe injection sites, South Korea becomes the first East Asian nation to approve medical marijuana, and more.

https://stopthedrugwar.org/files/times-square-overdose-campaign-november-2018-200px.jpg
Marijuana Policy

New Jersey Legalization Bill Advances. The long-awaited marijuana legalization bill, S2703, is moving in the legislature. It was voted out of a joint committee on Monday, with a 7-4 vote in the Senate Budget and Appropriations Committee and a 7-3 vote in the Assembly Budget Committee. Now the bill goes to the Senate and Assembly floors for any amendments and final votes. The measure would legalize the possession of small amounts of marijuana for adults and set up a statewide system of taxed and regulated production and sales.

Medical Marijuana

New Jersey Senate Health Committee Votes in Support of Medical Marijuana Expansion. The Senate Health, Human Services, and Senior Citizens Committee voted Monday to expand the state's medical marijuana program. But advocates had concerns: "Today's vote in support of expanding New Jersey's medical marijuana program is a step in the right direction," said Roseanne Scotti, New Jersey State Director of the Drug Policy Alliance. "However, we have concerns about the impact of this legislation on patients, as it will transfer oversight of medical marijuana from the New Jersey Department of Health, which has a long established, patient-centered program, to a new and relatively undefined commission."

Harm Reduction

Times Square Billboards Urge New York Governor to "Give the Gift of Life" by Authorizing Overdose Prevention Centers. Advocates and family members who have lost loved ones to overdose blasted Gov. Andrew Cuomo (D) in a series of electronic billboards that began airing throughout Times Square on Giving Tuesday, pressing the Governor to "Give the Gift of Life" this holiday season by authorizing Overdose Prevention Centers. The centers, also known as safer consumption spaces (SCS), are a proven tool for preventing unnecessary and tragic overdose deaths. As overdose deaths continue to increase across New York -- a New Yorker dies every 6 hours of a preventable overdose -- advocates in the EndOverdoseNY coalition are calling on Governor Cuomo to show his leadership and take immediate action to establish Overdose Prevention Centers.

International

South Korea Becomes First East Asian Nation to Approve Medical Marijuana. The South Korean National Assembly has voted to approve an amendment to the country's drug laws that will pave the way for the use of medical marijuana by prescription. Potential patients would be required to apply to the Korea Orphan Drug Center and approval would be granted on a case-by-case basis.

Chronicle AM: Trump Pressures McConnell on Sentencing Reform, NJ Marijuana Bill Gets Hearing, More... (11/26/18)

The president wants to see criminal justice reform move in the Senate, New Jersey lawmakers take up marijuana legalization today, and more.

Mitch McConnell is getting pressured by the president to move on the First Step Act. (Gage Skidmore/Creative Commons)
Marijuana Policy

Minnesota Governor-Elect Says Legalize It. Incoming Democratic Governor Tim Walz says it's time for the state to get on the legalization bandwagon. "I just think the time is here and we're seeing it across the country," he said. "Minnesota has always been able to implement these things right." Wise's Democratic allies control the state House, but Republicans control the Senate.

New Jersey Legislature Takes Up Legalization Bill. Hearings are underway at the statehouse for the long-awaited marijuana legalization bill, S2703. The bill would legalize up to an ounce for adults and set up a system of taxed and regulated marijuana production and distribution. The bill sets a 12% tax rate on marijuana sales, which includes the state's 6.625% sales tax, but also would allow localities to seek up to 2% in additional marijuana taxes.

North Dakota Lawmaker Will File Decriminalization Bill. In the wake of November's failed legalization initiative, one lawmaker says he will file a decriminalization bill during the coming legislative session. State Rep. Shannon Roers Jones (R-Fargo) said her bill would probably decriminalize the possession of up to an ounce. Possession is currently a Class B misdemeanor.

North Dakota Initiative Campaigners Will Try Again in 2020. Legalize ND, the folks behind November's failed legalization initiative says it will be back in 2020. Group leader David Owen said he is "100% certain" the group will try again but with some changes. Next time, the proposal will contain provisions for tax revenues from sales and limits on how much individuals can grow and possess. This year's initiative lost 59%-41%.

Law Enforcement

Detroit Narcs Try to Arrest Each Other in Drug Bust Gone Awry. It was Keystone Cops in the Motor City earlier this month when a group of undercover Detroit narcs posing as drug dealers attempted to arrest another group of undercover Detroit narcs posing as drug buyers. The end result: A shouting match and shoving and punch-throwing brawl among more than two dozen armed police officers. "This is probably one of the most embarrassing things I've seen in this department," Detroit Police Chief James Craig said Monday. Two Detroit police officers were killed in a similar incident in 1986.

Sentencing Reform

Trump Urges McConnell to Act on Criminal Justice Reform. In a tweet last Friday, President Trump urged Senate Majority Leader Mitch McConnell (R-KY) to allow a prison and sentencing reform bill, the First Step Act (S.2795) to be voted on in the Senate. McConnell said last week there wasn't time to get the measure through this session, but he has faced intense lobbying pressure, not only from the president but also other Republican senators and the religious right. "Really good Criminal Justice Reform has a true shot at major bipartisan support," Trump said in the tweet. "@senatemajldr Mitch McConnell and @SenSchumer have a real chance to do something so badly needed in our country. Already passed, with big vote, in House. Would be a major victory for ALL!"

International

French National Assembly Approves Fines for Drug Use. The National Assembly last Friday approved a bill that introduces a fixed fine of 200 Euros for the use of drugs, and marijuana in particular. Since 1970, illegal drug use has been subject to up to a year in prison and up to a 3,750 Euro fine, but such sentences were rarely imposed, especially for marijuana. Some ministers on the left criticized the measure as disproportionately affecting poor young people and condemned the lack of involvement of health authorities.

Thai National Assembly Gives Preliminary Approval to Legal Medical Marijuana, Kratom. The National Legislative Assembly has accepted "in principle" amending the country's drug law to allow for the medicinal use of five substances, including marijuana and kratom. Under the amended law, the Office of the Narcotics Control Board will be assigned to designate areas to be used for the production of the drugs and the quantity to be produced.

Chronicle AM: NJ Legalization Bill Unveiled, UT MedMJ Fight Continues, More... (11/23/18)

New Jersey embraces industrial hemp and moves toward passing a marijuana legalization bill, New York's governor says a legalization bill will likely pass there next year, and more.

Hemp is coming to New Jersey. (votehemp.org)
Marijuana Policy

New Jersey Legalization Bill Finally Unveiled. Lawmakers on Wednesday unveiled the latest version of a marijuana legalization bill, S2703. The bill would legalize up to an ounce for adults and set up a system of taxed and regulated marijuana production and distribution. The bill sets a 12% tax rate on marijuana sales, which includes the state's 6.625% sales tax, but also would allow localities to seek up to 2% in additional marijuana taxes.

New York Governor Says Recreational Marijuana Bill Will Pass Sometime in 2019. Gov. Andrew Cuomo (D) said Wednesday that he expects his state to legalize marijuana next year, but he offered few details beyond that. "We now have a working group that is putting together a piece of legislation that would do it, because the devil is in the details: How do you do it, where do you do it, what are the ages, etc.? What is New Jersey doing? What has Massachusetts done?" Cuomo said. "So that legislation is being crafted. I expect it to be introduced next year. The when and the how we're not clear."

Medical Marijuana

Utah Medical Cannabis Act Revised Again. A bill aimed at replacing the voter-approved Prop 2 medical marijuana law has now been revised for a third time as legislators prepare to meet in special session to pass it. The newest version removes renter protections for patients, but increases the number of license for "cannabis pharmacies." Under the bill, a central pharmacy would ship marijuana to local health departments for patients to pick up, or patients could use the "cannabis pharmacies."

Industrial Hemp

New Jersey Governor Signs Industrial Hemp Bill. Gov. Phil Murphy (D) has signed into law S3145, which will establish a pilot program for research and cultivation of hemp. The bill had received nearly unanimous support in the legislature. "This pilot program is a win for local farmers who need a diversity of opportunities to compete in the global agriculture market," said state senator Declan O'Scanlon. "Hemp is growing in value as a cash crop, and I am sure the New Jersey economy, and our farmers will benefit from this pilot program."

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.

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