Drug War Chronicle

Los Angeles County sheriff's deputies executing a narcotics search warrant in Lancaster Wednesday night shot and killed an a 68-year-old man when he allegedly emerged from a bedroom holding a four-foot sword. The as yet unidentified man becomes the seventh person to die in US domestic drug law enforcement operations so far this year.

According to police, the man raised the sword toward a deputy and was then shot several times. It's not clear how many deputies fired. None were injured.

The man was taken to a local hospital, where he died. His name has not been released pending notification of relatives.

Three other people in the house were detained for questioning.

Police released no information about the results of their narcotics search, nor have they specified the technique they used in gaining entry to the residence.

A medical marijuana initiative aiming at the November ballot found nearly 60% support in a poll conducted last week. The Probolsky Research poll reported that 34.5% of respondents would "definitely vote yes," 22.5% would "probably vote yes," and 2.3% were "leaning toward" a yes vote.That comes out to 59.8% saying they favor the initiative

The initiative, the Medical Marijuana Regulation, Control, and Tax Act (MMRCTA) would impose comprehensive, statewide regulations on medical marijuana distribution. The act would create a state medical marijuana board, require all dispensaries and commercial cultivation operations to be licensed after July 1, 2013, and impose a 2.5% state medical marijuana sales tax. (For more detail on the initiative, see our recent feature article here.)

Only 23.6% of respondents would definitely vote no, with another 9.7% who would probably vote no, and an additional 2.0% who were leaning toward no, for a total "no" vote of 34.3%. Some 5.5% of respondents were either decisively uncertain or refused to answer.

The question respondents answered was directly about the MMRCTA: "The California Medical Marijuana Regulation Act may appear on the November ballot in California. It reads: 'Creates a state enforcement division to regulate and control all entities involved in the commercial cultivation, manufacture, distribution, and sale of medical marijuana in California; requires their mandatory registration with the state; and establishes a state excise tax of upon all medical marijuana grown for sale in California.' If the election were held today, would you vote Yes to approve or No to reject this initiative? And would you say that you would definitely vote [yes/no] or probably vote [yes/no]? If unsure, would you say that you lean one way or another?"

Only limited additional polling data is available at this point, but Probolsky did provide data on where support for the initiative was strongest: among Democrats (65.8%), unaffiliated voters (67.4%), foreign-born voters (67.5%), Asian voters (66.7%), and those who feel California is on the right track (68.4%). Democratic voters over age 55 are especially supportive at 70.0%.

The poll was conducted last week in English and Spanish using landline and cell phones. A total of 750 surveys were recorded, yielding a margin of error of +-3.7%.

The MMRTC campaign has a self-imposed goal of raising a million dollars by February 9 and estimates it could take twice that much for a successful signature-gathering campaign. This poll should help push them toward that goal. The conventional wisdom is that initiatives need to be polling at 60% or above before the campaign begins, and MMRTC is very, very close.

The Indiana House Tuesday passed a bill that would create a pilot program for drug testing welfare recipients, but not before finding itself forced to vote for drug testing for its own members. The bill, House Bill 1007, now moves to the Senate.

The bill, sponsored by Rep. Jud McMillin (R-Brookville), was on the verge of passage last week when Democratic legislators managed to pass an amendment to require drug and alcohol tests for legislators, causing McMillin to pull the bill last Friday. He brought it back Monday, but with an amendment to strip out the drug testing language for legislators and replace it with different testing language.

Under McMillin's amendment, the alcohol testing provision for legislators is gone, but half the legislature would face random drug testing each year. The House speaker and Senate president pro tem could also order drug tests of members. Members who refused a drug test could lose perks, such as their laptops, parking spaces, and franked mail.

The bill would set up a pilot program in three counties, where recipients of Temporary Assistance to Needy Families (TANF) would have to undergo random, suspicionless drug tests. If they test positive, they would be denied benefits for one year.  On Monday, though, the House unanimously approved an amendment by Rep. Gail Riecken (D-Evansville), that would allow people to continue to receive TANF benefits after testing positive if they go into drug treatment and pass subsequent drug tests.

From action in state legislatures to raids at dispensaries, there's no let-up in the medical marijuana action around the nation. Here's the latest:

National

Last Thursday, Americans for Safe Access filed an appeal brief in the DC Circuit to compel the federal government to reclassify marijuana for medical use. In July 2011, the federal Drug Enforcement Administration (DEA) denied a petition filed in 2002 by the Coalition for Rescheduling Cannabis (CRC), which was denied only after the coalition sued the government for unreasonable delay. The ASA brief filed is an appeal of the CRC rescheduling denial.

Alabama

The Michael Phillips Compassionate Care Act (House Bill 25), which seeks to enact legal protections for authorized medical marijuana patients, has been marked for reintroduction in the Alabama legislature for the session starting on February 7th. It is currently assigned to the House Committee on Health. A separate medical cannabis bill, House Bill 66, has also been prefiled in the House and is also before to the House Committee on Health.

California

Last Tuesday, Union City issued a temporary ban on dispensaries, suspending the approval of business licenses or permits for medical marijuana dispensaries and their operations for 45 days. But the recently opened CHA Wellness Center was still operating as of the weekend and said it had every right to. City officials disagree.

Also last Tuesday, the Fresno city council voted to extend a temporary moratorium on outdoor grows for another 10 months after Police Chief Jerry Dyer told the council the grows were a magnet for crime and violence. Fresno Police say there have been at least five shootings and one homicide as the result of outdoor growing operations within the city limits. Police say many big marijuana growing operations have already moved indoors. Dyer said he expected to have a permanent outdoor cultivation ordinance ready by April.

Last Friday, San Jose Mayor Chuck Reed issued a memo calling for the city to kill its medical marijuana ordinance. He cited the California Supreme Court's decision to review four medical marijuana cases dealing with varying interpretations of the state's law, as well as potential ballot initiative that could go before the voters in November. The city will remain in talks with dispensaries and will continue to collect taxes on them.

On Sunday, the last dispensary in La Puente closed its doors in response to the ongoing federal crackdown. La Puente Co-op was the last of three city dispensaries to go out of business in response to threat letters from the Southern California US Attorney. Azusa Patient Remedies and Trinity Wellness Center shut down the previous week. The San Gabriel Valley town was once home to 10 dispensaries.

On Monday, the Union of Medical Marijuana Patients said it had provided the Los Angeles city council with two motions to regulate dispensaries. The move comes as the council inches toward a total ban. The first motion, "public nuisance abatement," proposes that city officials start enforcing current laws to deal with complaints like loitering and sales to minors, just as the police handle such problems around liquor stores. The second motion calls for a "ban with abeyance" or a soft ban, which would create a ban that allows patient associations to prove that they that are operating in compliance with local and state law, allowing the ban to be held in abeyance as long as they continue to be in compliance.

Also on Monday, narcotics officers from the LAPD Devonshire Division raided and shut down the last dispensary in Chatsworth in the San Fernando Valley. The raid was at the Herbal Medical Care facility, and three people were arrested for suspicion of possession of marijuana for sale, 50 pound of marijuana and 156 plants were seized, and so were the dispensary's medical records. Police vowed to "target" some 200 other San Fernando Valley dispensaries. Since December 2008, police in the Devonshire Division have shut down 37 of what were once 60 dispensaries operating there.

Also on Monday, San Francisco announced it would resume licensing and inspecting dispensaries. The move comes after the agency said last week that the application process was suspended. Under clarified rules, existing dispensaries must sign a statement swearing that all medical marijuana sold on-site is cultivated in California and comes from a grower who is a member of the dispensary's nonprofit collective. New applications stopped being processed in December following a ruling in a state appeals court. In that case, Pack vs. the City of Long Beach, the court ruled that California cities violated federal law by regulating and permitting medical marijuana. That ruling was vacated when the California Supreme Court agreed to hear an appeal, and San Francisco's city attorney gave the health department the green light to resume its program January 20, but the department had announced last week that all applications were still on hold indefinitely.

On Tuesday, the San Francisco controller's office reported that dispensaries in the city did an estimated $41 million in sales last year, generating $410,000 in medical marijuana sales tax revenues.

Also on Tuesday, Senate Bill 129 died for lack of action in the state legislature. Introduced by Sen. Mark Leno and sponsored by Americans for Safe Access, the bill would have protected the employment rights of medical marijuana patients.

Also on Tuesday, DEA agents and local law enforcement raided the Balboa Medical Center in Kearney Mesa, near San Diego. They seized medicine and medical records, but made no arrests.The raid came after similar raids on dispensaries in the area last week.

Hawaii

House Bill 1963, which seeks to restrict the state's medical marijuana program and remove chronic pain as a qualifying condition for patients, is set for a hearing Thursday in the House Committees on Health and Public Safety and Military Affairs.

Montana

On Monday, the Missoulian reported that DEA agents investigating medical marijuana distribution had asked witnesses whether state Sen. Diane Sands (D-Missoula) might be involved in a marijuana conspiracy.Sands has been deeply involved in the state's battles over medical marijuana. She is not the only legislator being looked at; at least one more said he would not speak publicly for fear of "additional harassment."

Vermont

The Vermont Department of Public Safety has announced guidelines for the state's first medical marijuana dispensaries. Dispensaries must operate as nonprofits and must be more than 1,000 feet from schools or daycare facilities. Would-be operators will have to pay $2,500 just to apply for one of the four dispensary certificates. If approved, dispensaries would pay the state $20,000 dollars for the first year, and $30,000 in the years to follow. Patients can go to dispensaries by appointment only, and only one patient at a time is allowed in the dispensary. There are also stiff requirements for inventory control, building security, and background checks for operators and employees.

Virginia

On Tuesday, the House Rules Committee killed a resolution that would have asked the governor to petition to DEA to reschedule marijuana. The resolution had been filed by Delegate David Englin (D-Alexandria).

Washington

Last Thursday, 42 state legislators signed a letter asking the DEA to reschedule marijuana so that it could be prescribed and sold in pharmacies. That same day, lawmakers introduced a resolution to the same effect. It is scheduled for a hearing Friday in the Senate Health and Long-Term Care Committee. The letter and resolution piggyback on Gov. Christine Gregoire's existing petition to reschedule marijuana, which is also supported by a handful of other states.

A voter survey commissioned by California's Regulate Marijuana Like Wine (RMLW) initiative campaign suggests the initiative could win at the polls in November -- if it manages to make it onto the ballot.

RMLW is one of handful of proposed 2012 California marijuana legalization initiatives, all of them ill-funded. For any of them to make the ballot, they have to come up with more than 500,000 valid voter signatures by April, a task that is considered almost impossibly to accomplish by volunteer efforts alone.

RMLW commissioned the poll in a bid to show potential funders it could win in November, and with these poll results, the campaign can now make that argument. California initiative watchers estimate that it would take between $1 and $2 million in paid signature-gathering to make the ballot.

The statewide poll of 800 likely voters conducted by Fairbank, Maslin, Maullin, Metz & Associates found support for the initiative at 62%, with 35% opposed and 3% undecided. No cross-tabs have been made available.

The poll found even higher levels of support for more general critiques of current drug laws and the level of attention California law enforcement pays to marijuana. Four out of five respondents (80%) agreed with the statement, "State and federal drug laws are outdated and have failed, therefore, we need to take a new approach that makes sense for today," while 71% agreed that law enforcement spends too much, time, money, and resources enforcing marijuana laws.

If RMLW were to pass, the California Legislative Analyst's Office has projected "savings of potentially several tens of millions of dollars annually to state and local governments of the costs of incarcerating and supervising certain marijuana offenders," as well as potentially generating "hundreds of millions of dollars in net additional tax revenues related to the production and sale of marijuana products."

"There is no policy that is more discriminatory or wastes more tax dollars," said RMLW treasurer Steve Collett, who hailed the poll results. "This initiative helps farmers, reduces prison overcrowding, relieves burdens on the courts, generates revenues for the state, and frees up police to work on real crimes."

The results also encouraged Law Enforcement Against Prohibition (LEAP) co-founder Jack Cole. "LEAP believes the citizens of California are far ahead of the federal government in assessing a policy that will reduce death, disease, crime, and corruption, when they register 62% support for the initiative Regulate Marijuana Like Wine," he said.

Proponents of the competing marijuana legalization initiatives are working to set up a joint meeting, a so-called "Cannadome" in the Bay Area for mid-February. Whether these new poll results will make any difference in forging unity then remains to be seen.

More dope-dealin' and/or sticky-fingered cops this week, plus a tweaker judge gets sentenced. Let's get to it:

In Norwalk, Connecticut, a state marshal was arrested last Tuesday after police found more than a quarter-pound of pot in his vehicle. Marshal Alan Freedman, 58, was pulled over for running a red light, and a police drug dog alerted on his vehicle. Police found two bags of marijuana, a plastic container containing marijuana, digital scales, nine pipes with pot residue, a bag of seeds, and empty baggies. The pot seized came to 4.8 ounces. Freedman is charged with possession of more than four ounces of marijuana, possession of marijuana with intent to sell, illegal distribution of marijuana and possession of marijuana with intent to sell within 1,500 feet of a school. Freedman was released after posting $10,000 bond. State marshals are certified law enforcement officers, but typically handle civil matters, such as serving court documents.

In Shreveport, Louisiana, a Shreveport police officer was arrested last Wednesday for peddling drugs and soliciting prostitutes. Officer Jeffrion Smith, 30, went down after the department got information that he was looking for hookers, and an undercover investigation resulted in his arrest. He is charged with solicitation of prostitution, distribution of a Schedule I narcotic, and possession of a firearm with a controlled dangerous substance. He is now on administrative leave after being booked into the Caddo Parish Jail.

In Memphis, Tennessee, a Memphis police officer was arrested last Friday after getting ensnared in a drug sting operation. Officer Melvin Robinson, 28, went down after telling an FBI informant in November he was having money problems and agreeing to buy and sell 10 kilos of cocaine with a street value of $300,000. Robinson used his police squad car to drive to a south Memphis truck parking lot and grabbed a black duffle bag full of what he thought was cocaine. He was then arrested. He is charged with attempted possession of cocaine with the intent to distribute.

In Gulf Shores, Mississippi, a Gulf Shores Police jail guard was arrested last Friday on charges he pilfered items from the department's evidence room. Barry Martin got busted after police searched his home and recovered several guns and prescription medications taken from the police lockup. He is charged with theft of property and unlawful possession of a controlled substance.ed possession of a controlled substance with intent to distribute. He faces up to life in prison.

In Los Angeles, an LAPD gang and narcotics division detective was arrested last Friday after a fellow detective saw him taking money from the scene of a drug raid. Det. Ramon Alvarez, a 27-year veteran of the department, was detained at the scene and his vehicle was searched. The money was found in the vehicle. Alvarez faces one count of grand theft.

In Los Angeles, a former Redondo Beach police officer was charged Monday with tipping a Torrance policeman that narcotics investigators were about to raid a house where the policeman allegedly had gone to buy drugs, prosecutors said Monday. Christopher Sabosky, 33, allegedly sent a text message to Torrance Officer Jeff Grau when he recognized Grau as a police task force prepared to serve a search warrant in 2010. Grau tried to leave without buying drugs, but was detained. Prosecutors allege Sabosky tried to "influence another officer into not detaining Grau." He is charged with felony counts of revealing warrant information prior to execution of a search or arrest warrant, and conspiracy to commit an act injurious to the public. Sabosky was arraigned Monday, pleaded not guilty, and was released on his own recognizance. 

In Oakland, California, a former San Ramon police officer pleaded guilty last Thursday to multiple corruption counts in the ongoing CNET (Central Contra Costa County Narcotics Enforcement Team) scandal. Louis Lombardi, 39, pleaded guilty to four misdemeanor counts for stealing cash and property during searches of homes and five felony counts for possessing and selling stolen drugs and firearms while he worked for CNET. The former CNET commander and two other police officers still face a raft of state and federal charges ranging from stealing and selling marijuana and methamphetamine to shaking down workers at an illegal massage parlor they operated to selling steroids to involvement in a scheme to create "dirty DUIs" by targeting men in bars to get them drunk, then arresting them on the highway to help their spouses in divorce cases. Lombardi is looking at up to 60 years in federal prison.

In Chicago, a former Chicago police officer was convicted in federal court Tuesday along with four others of being part of a drug dealing and rip-off crew led by a narcotics kingpin who had once been his snitch. Glenn Lewellen, 55, who resigned from the department in 2003, had the kingpin working as his informant from 1996 to 2000. In 2004, Lewellen participated with the kingpin and others in the rip-off of 70 kilos of cocaine by driving up in a fake squad car and allowing the courier to flee. While he was convicted of conspiracy in that case, he was not convicted in a racketeering conspiracy spanning a decade that included robberies and kidnappings.

In Jackson, Mississippi, a former Crockett County General Sessions court judge was sentenced last Thursday to six months in prison for his involvement with methamphetamine. Shannon Jones had pleaded guilty to a single count in October of conspiracy to manufacture and possess meth with the intent to distribute. He had originally been arrested on state charges after sheriff's deputies said they found meth-making materials at his home, but he was indicted on five federal charges in June. Jones must also pay the DEA $3,000 and submit to drug testing.

The campaign to put a marijuana legalization initiative on the Michigan ballot is going to have its work cut out for it, if a new poll accurately reflects voter sentiments. The Detroit Free Press/WXYZ-TV poll had respondents rejecting legalization by a margin of 50% to 45%.

The conventional wisdom on initiatives is that those that start with less than 60% popular support face long odds.

The poll was conduct by EPIC-MRA of Lansing and surveyed 600 likely voters. It has a margin of error of +/- four percentage points. The poll specifically asked if respondents would vote for the ongoing initiative effort if it makes the ballot.

Breaking down the numbers, legalization had majority support among Democrats (57%) and independents (51%), but not Republicans (29%). Men were more likely to support legalization (48%) than women (43%). Support was stronger among respondents younger than 50 (49%) than over 50 (44%). And a favorable view toward legalization was more likely in the Detroit metro area (48%) than the rest of the state (43%).

The initiative now in the signature-gathering phase is the Campaign for a Safer Michigan. The campaign needs to gather some 322,000 valid signatures from registered voters by June 9 to qualify for the November ballot.[Editor's Note: An earlier version of this article misstated the number of signatures needed and the date they must be turned in.]

A legalization initiative was approved for the Washington state ballot Friday, and a Colorado initiative is awaiting certification after handing in nearly double the number of signatures required. Campaigns are still in the signature-gathering phase in California, Missouri, Montana, and Oregon.

In Tallahassee, drug testing fever seems to know no bounds. Companion bills that would mandate random, suspicionless drug testing of state employees were on the agenda last week, and both passed out of committees in their respective chambers. Republican legislators also used the bills to attack state workers collective bargaining rights.

The latest legislative drug testing effort comes even as a state law passed last year to force welfare applicants and recipients to pass drug tests has been temporarily blocked by a federal court pending a final decision and as Republican Gov. Rick Scott's executive order last year to drug test state employees is in limbo awaiting litigation.

This week's drug testing bills, House Bill 1205 and Senate Bill 1358, would give state agencies the option of randomly drug testing their employees quarterly. Bill supporters argued that the legislation would give state agencies the ability to drug test workers just as private employers do.

"State employees are not different from other employees," and should be subjected to drug tests just like private workers, said state Sen. Alan Hays (R-Umatilla), the sponsor of the senate bill.

The bills authorize state agencies to require all employees to submit to periodic random drug testing and would allow them to fire workers who test positive or mandate they undergo drug or alcohol treatment at their own expense.

The bills also remove "the definition of the term 'safety-sensitive position'" and remove "provisions limiting the circumstances under which an agency may discharge an employee in a special risk or safety-sensitive position." And for good measure, the bills "delete provisions relating to public employees' collective bargaining rights for drug testing."

Some members of the committee said they were concerned the bill could be challenged on constitutional grounds, but they were outvoted. The House bill passed out of the Government Operations Committee on a 9-4 vote, and the Senate bill passed out of the Health Regulation Committee on a 6-1 vote. Both bills face further committee votes before going to the floor.

A broad coalition of California advocates has filed a statewide medical marijuana regulation initiative aimed at ending the years-long confusion over what is and what is not allowed under state law by explicitly allowing sales and legalizing dispensaries statewide absent affirmative local popular votes to ban them. Pending approval of the measure's title and summary by state officials, the campaign is planning to roll out a signature-gathering and fundraising campaign early next month in a bid to put it before the voters in November.

The Medical Marijuana Regulation, Control, and Taxation Act (MMRCTA) would create a state agency, the Bureau of Medical Marijuana Enforcement (BMME), to regulate medical marijuana cultivation and distribution. The bureau's 21-person governing body would include a mix of patients, patient advocates, industry representatives, union representatives, law enforcement, and other stakeholders appointed by the governor or lieutenant governor.

The BMME would be funded by a 2.5% tax on the sale of medical marijuana. Surplus tax revenues would fund emergency medical services, low-income assistance and health services, scientific and educational grant programs, and research into environmentally-sound cultivation practices.

The initiative would require state registration after July 1, 2013 for anyone cultivating, processing, manufacturing, transporting, distributing, or selling medical marijuana for use by others. Patients and caregivers who are growing at home for themselves would be exempt.

The MMRCTA would make it more difficult -- but not impossible -- for cities and counties to ban dispensaries by declaring that "each city and county shall permit" medical marijuana facilities sufficient to meet local needs, which the initiative defines as at least one dispensary for each 50,000 residents in a county or town of 50,000.

Already existing bans and moratoria, of which there are nearly 200 statewide and growing weekly, would be allowed to continue to exist, but only for a specified period of time. Then they and new proposed local bans could only be enacted through a direct vote via local initiative. Cities would be allowed to maintain reasonable local control over zoning and other regulation of medical marijuana businesses.

The initiative would also outlaw the issuance or use of fraudulent physicians' recommendations. That means it would become an offense to issue a recommendation if the issuer is not a physician.

The measure has some of the biggest players in Golden State medical marijuana politics behind it. Its official proponents are Don Duncan, state director for Americans for Safe Access, the country's leading medical marijuana advocacy group, and Ron Lind, president of the United Food and Commercial Workers Local 5, which represents unionized dispensary workers around the state.

Also backing the initiative campaign, called Californians to Regulate Medical Marijuana, are California NORML, the Coalition for Cannabis Policy Reform, the Sacramento-based California Cannabis Association, and the Emerald Growers' Association. The effort is also endorsed by the national reform groups the Drug Policy Alliance and the Marijuana Policy Project.

But time is tight. The campaign has only until April 20 to gather the more than 500,000 valid signatures it needs to qualify for the ballot, and says it is trying to raise one million dollars by February 9. That will be just the beginning if the initiative is to have a chance to make the ballot.

"To come up with 500,000 valid signatures by April 20 is probably a $2 million proposition," said long-time California NORML head Dale Gieringer, who is also an MMRCTA campaign committee member. "We're a little bit late out of the gate, and we still have to wait for the title and summary to come back, but we have some startup pledges already on hand, so we'll be ready to start circulating petitions early in February."

Even campaign communications consultant Roger Salazar's lower estimate was daunting. "It'll take between one and two million, but with this short time frame, we need these resources on hand," he said. "We need to come up with more like 800-850,000 signatures to be safe; we're looking at around 130% of what is required."

To attract the game-changing big bucks of donors like Peter Lewis or George Soros, who could propel the campaign to success with cash injections, the campaign is going to have to convince them it is worthy. Citing campaign polling, Gieringer thinks they have a shot.

"Regulating medical marijuana is the marijuana issue in California," he said. "Support for the medical marijuana law here polls over 70% and support for uniform state-wide rules polls even higher. So, yes, we're approaching the usual suspects, as well as a couple of others. We know they want to make sure this is a good place to put drug reform money, and we think we'll come out well in comparison with other reform initiatives around the country."

The initiative came together out of widespread frustration with the status quo, said both Gieringer and Salazar. Between heightened federal enforcement and increased local clampdowns, the medical marijuana distribution network is fraying, fraught with anxiety and uncertainty, leaving patients in some areas miles from their medicine and providers even in medical marijuana-friendly locales closing up shop.

"We've seen a lack of state government action to fill in the blanks on Proposition 215 and we've seen the kind of response we've had from the federal government," said Salazar. "Some of the groups that were supporting marijuana legalization decided to try to figure out how to reinforce the voters authorizing use for medical reasons, as well as a way to provide some of the oversight people have been looking for."

"The federal crackdown is widely rationalized by the charge that California doesn't have a legally regulated distribution system," said Gieringer. "The Obama administration said it wouldn't go after people who were in clear and unambiguous compliance with state law, but we don't have any clear and unambiguous state laws. Some say it's legal, some say it isn't," he explained. "We have to do this to protect ourselves from more federal oppression. We need this for patients, the industry, and law enforcement alike; we need to give them a clear idea of what they can and cannot do."

Given the size and diverse nature of California's medical marijuana and marijuana reform communities, any initiative concerning cannabis is going to be contentious. The intense negative reaction to 2010's Proposition 19 in some sectors of the community is evidence of that, as is the inability of would-be legalizers to settle on any one of the four underfunded legalization initiatives languishing in search of signatures this year.

The MMRCTA is no exception, and early detractors have emerged. Medical marijuana activist and gadfly Mickey Martin, who was prosecuted by the feds himself over his Tainted, Inc. edibles, used his Cannabis Warrior blog to vociferously object to the creation of a new state agency to regulate the industry, to the inclusion of union representation on that agency's governing board, as well as his presentiment that the board will be stacked with industry insiders, among other things.

"There is strong support for uniform state regulation," Gieringer replied, "but also for local control. If people really don't want dispensaries, they could vote them down, but legal dispensaries are the default. Once this initiative passes, all of the ambiguity about what will be legal will be gone."

As for the make-up of the board, "We made sure the bureau had knowledgeable people, and why shouldn't labor have a place at the table?," Gieringer retorted. "Labor is a key supporter of the initiative," he said."The UFCW is one of the key sponsors. They've been doing a hell of a lot to organize for this initiative and for legal marijuana in general. They've earned their seat at the table," he said.

There will doubtless be plenty more discussion of the merits and deficits of the MMRCTA in the few weeks culminating in the April 20 signature gathering deadline, but this looks like a serious effort being run by some serious players in California. The question becomes just how serious the big money funders think it is, and what they think its chances of success are.

Medical marijuana is an active issue around the country, and especially so these days in California. Here's the latest:

Arizona

Last Friday, Gov. Jan Brewer gave up her fight against medical marijuana dispensaries in the state. Her decision came after having her challenges thrown out in both federal and state court. Last Friday, she directed state officials to begin implementing the law to allow dispensaries to apply to operate.

California

The clock is ticking on Senate Bill 129, introduced by Sen. Mark Leno (D-San Francisco). The bill would provide medical marijuana patients with protection from workplace discrimination. The legislature must act on the bill by month's end or it dies. It's the same story with Assembly Bill 1017, introduced by Rep. Tom Ammiano (D-San Francisco), which would allow for reduced misdemeanor charges in cultivation cases.

Last Tuesday, the Colusa City Council voted unanimously to extend its ban on dispensaries to another full year. The ordinance goes into effect immediately. This is the last extension on the temporary ban; after this, the city will need a permanent ordinance to spell out the restrictions.

Last Wednesday, federal agents raided the Disabled American Veterans Collective in Murrieta. The owner, Kevin Freeman of Temecula, and one other person were arrested on suspicion of possession of marijuana for sale. Federal search warrant documents accused Freeman of operating a for-profit business that would sell marijuana to people without medical conditions. But Freeman said his operation was "a true collective." The dispensary had previously seen customers pulled over by deputies after leaving the premises and been the subject of an undercover buy by a deputy who fraudulently obtained a medical marijuana recommendation.

Also last Wednesday, the US Attorney for Southern California announced that federal prosecutors over the past week have filed four asset forfeiture lawsuits against properties housing marijuana storefronts in Los Angeles and Orange counties and have sent warning letters to property owners and operators of "illegal marijuana stores" in several Southland cities. They also sent threat letters to dispensary operators and property owners of the nearly two dozen dispensaries operating in Costa Mesa. The feds also raided three Costa Mesa dispensaries.

Also last Wednesday, Glenn County supervisors moved ahead with an ordinance that would ban dispensaries, collectives, and co-ops, but would allow backyard grows for patients. The county's emergency moratorium ordinance expires in March.

Last Thursday, the California Supreme Court decided to hear four medical marijuana cases in a bid to restore same clarity to the state's muddled medical marijuana laws. The cases revolve around state-federal and state-local conflicts, and mixed rulings in lower courts have led to massive confusion in the state.

Also last Thursday, Californians to Regulate Medical Marijuana announced it had filed a medical marijuana regulation initiative with the state last month. The campaign expects to be okayed for signature-gathering early next month and has until April 20 to gather more than 500,000 valid signatures to make the November ballot. See our feature story on it here.

Last Friday, prosecutors in San Luis Obispo County announced they were dropping the charges against six people arrested in 2010 for running medical marijuana delivery services. Prosecutors threw in the towel after a judge issued jury instructions that allowed the defendants to argue that they thought an undercover officer who infiltrated them was part of their collective. That would make the case tough to win, prosecutors said.

Also last Friday, a judge in Riverside rejected a restraining order sought by the city of Murrieta against a newly opened medical marijuana collective. The Greenhouse Cannabis Club can stay open pending a February 17 hearing, even though Murrieta has a moratorium on dispensaries, the judge ruled.

On Monday, federal agents and Riverside County sheriff's deputies raided six suites containing medical marijuana operations in a business park north of Murrieta. The lawmen became aware of the operations while raiding a neighboring dispensary last week. Three people were arrested on marijuana cultivation charges. The raids were led by the DEA.

Also on Monday, the Calexico Planning Commission approved a ban on dispensaries. The proposed ban will now go before the city council.

On Tuesday, San Francisco announced it would begin issuing dispensary permits again after the state Supreme Court agreed to hear four medical marijuana cases that could clarify state law. In doing so, the high court vacated a case, Pack v. Long Beach, that said city or county laws regulating medical marijuana violated federal law. Now that Pack has been vacated, city officials said the permitting process can resume as normal. The following day, the city changed its mind.

Also on Tuesday, Mendocino County supervisors voted to kill the county's medical marijuana permit program after receiving threats of legal action from Northern California US Attorney Melinda Haag. The innovative program allowed collectives to grow up to 99 plants per parcel, with each plant tagged by the sheriff's office.

Also on Tuesday, Humboldt County supervisors voted unanimously to extend a temporary moratorium on new medical marijuana dispensaries for an additional 10 months and 15 days. The supervisors also added language to the ordinance that is meant to protect existing dispensaries from closure. Three dispensaries currently operate in the county.

Also on Tuesday, the Whittier city council voted to impose a 45-day moratorium on new dispensaries, citing the Pack v. Long Beach ruling and ignoring the fact that the state Supreme Court vacated it last week. That means the number of dispensaries in the city is capped at one -- the Whittier Hope Collective, which opened in July 2010 after the council approved a conditional use permit. Although the moratorium is only for a month and a half, the council indicated it intended to maintain the status quo until the Supreme Court decides Pack and other medical marijuana cases.

Lastly, on Tuesday, a judge in Live Oak heard arguments in a civil lawsuit brought against the city over its ban on growing medical marijuana. James Maral sued after the city council last month approved the ban on even personal grows, saying it would force him to make "cruel choices." The lawsuit accused the city of running afoul of state law (Proposition 215), which allows patients to grow their own medicine. The city had acted after complaints from residents about the "stench" of marijuana and fears of violent robbery attempts. The judge refused to issue a temporary injunction because he had not seen the ordinance, but left open the possibility of revisiting the decision at a later date.

Colorado

Last Thursday, Colorado US Attorney John Walsh told the Denver Post that evidence medical marijuana is having a negative impact on kids spurred his decision to crack down on dispensaries near schools. The comments came days after he sent letters to 23 dispensaries within 1,000 feet of schools. The letters ordered the dispensaries to close by Feb. 27 or face potential criminal prosecution or seizure of assets.

On Monday, Law Enforcement Against Prohibition sent a letter to Colorado US Attorney John Walsh saying his threats and actions against medical marijuana providers are "a disservice to the state of Colorado." The letter was signed by LEAP director Neill Franklin and two Colorado law enforcement figures, former municipal court Judge Leonard Frieling and retired Denver police officer Tony Ryan.

On Wednesday, medical marijuana supporters organized by Sensible Colorado did a mass phone-in to their US congressional representatives urging them to help call off the federal crackdown and support the state's medical marijuana program.

Indiana

Earlier this month, state Rep. Tom Knollman (R) introduced a medical marijuana bill, HB 1370, which calls upon the Indiana Department of Health to develop a regulatory framework for the growth and distribution of medical marijuana through dispensaries and to register patients with debilitating medical conditions. This is the first medical marijuana bill introduced in the state in recent memory.

Kansas

On Tuesday, a medical marijuana bill got a hearing in the House Health and Human Services Committee. The bill, the Kansas Compassion and Care Act, was introduced by Rep. Gail Finney (D-Wichita). Previous medical marijuana bills have been stalled in committee, and the committee took no action on this one Tuesday. Meanwhile, supporters of the bill packed the hearing room and demonstrated outside before the hearing.

Maryland

Maryland House Delegate Cheryl Glenn (D-Baltimore) has introduced a comprehensive medical marijuana bill that would replace a bill passed last year as a stop-gap measure while the state appointed a workgroup to further study the issue. House Bill 15, the Maryland Medical Marijuana Act, would create clear rules for qualified patients and law enforcement, and put in place a strictly regulated production and distribution system. A measure passed last year created minimal protections for patients but did not set up a distribution system. That measure created a working group to come up with proposals for this year, but neither of those proposals includes allowing patients to grow their own. Glenn's bill does. It now awaits committee hearings.

Montana

Last Thursday, the owner of the Big Sky Health Health dispensary in Missoula pleaded not guilty in federal court to a charge of conspiracy to manufacture and distribute marijuana. Jason Washington is one of six defendants in an indictment that followed federal raids last November on numerous businesses, homes and warehouses linked to marijuana businesses in western Montana. Washington is a former quarterback for the University of Montana Grizzlies, and the feds even seized his Big Sky championship ring, as well as 80 pounds of marijuana and $232,000 in cash.

Last Friday, a federal judge ruled that Montana's medical marijuana law doesn't shield providers of the drug from federal prosecution. US District Judge Donald Molloy dismissed a civil lawsuit by 14 persons and businesses that were among those raided by federal authorities last year. He cited the Constitution's supremacy clause. "Whether the plaintiffs' conduct was legal under Montana law is of little significance here, since the alleged conduct clearly violates federal law," Molloy wrote. "We are all bound by federal law, like it or not."

New Jersey

Last Friday, the New Jersey Supreme Court declined to hear the appeal of John Ray Wilson. Wilson, an MS patient, was sentenced to five years in prison for growing his own medicine in his back yard. He had been out on appeal, but now must resume serving his sentence. Wilson was not allowed to tell his jury why he was growing marijuana plants. Supporters, including legislative leaders, have campaigned for clemency for Wilson, to no avail.

Ohio

Last Friday, Ohio Attorney General Mike DeWine certified a medical marijuana ballot issue, and on Monday, the Ohio ballot board gave its okay. The Ohio Medical Cannabis Amendment campaign can now begin signature gathering. It needs some 385,000 valid voter signatures to make the November ballot. This is the second Ohio medical marijuana initiative to be certified for the 2012 campaign. The Ohio Alternative Treatment Amendment was approved in October.

Washington

On Monday, the city of Bellingham revoked the registrations of medical marijuana dispensaries after deciding that dispensaries were not legal under state or federal law. The city has not yet decided what to do about dispensaries that are already operating there, but at least one said it would reopen as a private, members-only club next month.

Washington, DC

On Monday, a hydroponics superstore known as the "Walmart of Weed" announced it would open a store in the nation's capital in March. WeGrow sells all of the products and services one would need to grow marijuana or other indoor plants, but does not sell the plant itself. The company said it had signed a lease for a property on Rhode Island Avenue NE. The company already operates superstores in Oakland, Sacramento and Phoenix.

by Bernd Debusmann Jr.

Mexican drug trafficking organizations make billions each year smuggling drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed more than 50,000 people, including more than 15,000 in 2010 and another 15,000 last year. The increasing militarization of the drug war and the arrests or killings of dozens of high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Friday, January 20

In Durango, a high-ranking aide to Sinaloa Cartel leader Joaquin "El Chapo" Guzman was shot and killed by an army special operations unit. Luis Alberto Cabrera Sarabia, "the Engineer," is thought to have been responsible for cartel operations in Durango and parts of Chihuahua. One gunman was killed in the operation and eleven were taken into custody. Four soldiers were wounded during the gun battle.

Saturday, January 21

In Ciudad Juarez, a police officer was shot and killed on his way to work. A police spokesman said the officers were in a private vehicle when they were cut off by another car and several men opened fire.

In Sonora, a high-ranking Sinaloa Cartel figure was captured near the city of Cananea. Fidel Mancinas Franco is thought to have been in charge of cartel operations in Nogales, Agua Prieta, Naco and Cananea. He is also wanted in the United States in connection with the deaths of 11 migrants in 2009.

Sunday, January 22

In Atoyac de Alvarrez, Guerrero, eight men were killed at a funeral for a man shot days earlier. The men were attacked by men wielding automatic weapons.

In Acapulco, three bodies were found in an empty lot. Another individual was found decapitated in a car and a fifth died during an exchange of fire with the police.

Monday, January 23

In Veracruz, Mexican marines took over the duties of the local transit police. The move is designed to root out corrupt elements of the force, which, like the Veracruz municipal police, is thought to have been thoroughly infiltrated by organized crime groups.

In Ciudad Juarez, at least eight people were murdered. In one incident, four men were shot and killed when gunmen stormed a house in the south of the city. Earlier in the day, a naked body bound in duct tape was thrown from a moving car, along with a note from a criminal group.

In Saltillo, Coahuila, four gunmen were killed by the army. A local university was temporarily locked down during the incident.

Also in Saltillo, army and police forces conducted operations inside several penal facilities looking for drugs, weapons and other suspicious items.

Tuesday, January 24

Near Mexico City, five police officers were ambushed and killed as they made a traffic stop in Ixtapaluca. The officers had stopped a vehicle when a taxi and a minivan pulled up and they were shot at by gunmen with assault rifles. Police suspect the incident was an attempt to free people who had been taken into police custody.

Across Ciudad Juarez, banners threatening the municipal police were hung at various locations. Some of the notes also mention police Chief Julian Leyzoala by name. The banners were taken down and police stations in the city were put on high alert.

Two officers were shot and killed as they traveled in a private Ford Mustang in the city. At least five municipal police officers have been killed so far in 2012.

[Editor's Note: We are no longer going to keep a running tally of the death toll; the figures are too unreliable. The latest figures below were released by the Mexican government in January.]

Total Body Count for 2007 (approx.): 4,300

Total Body Count for 2008 (approx.): 5,400

Total Body Count for 2009 (approx.): 9,600
 
Total Body Count for 2010 (official): 15,273

Partial Body Count for 2011 (official): 12,093*

Total Body Count (official): 47,705*

* Official figures through September 30, 2011. Unofficial estimates put the entire year's death toll at around 16,000, meaning more than 50,000 people have been killed by the end of 2011.