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Chronicle AM: TX Border Surge Flops, Belize Decrim Proposal, British Drugged Driving Law, More (3/2/15)

There will be a smoke-out in Trenton later this month, medical marijuana is moving in Utah, the Texas "border surge" accomplishes little, KY cops ignore asset forfeiture reporting, a tough, new British drugged driving law has gone into effect, and more. 

Indiana has to try again to ban synthetic drugs. (MN Dept of Public Health)
Marijuana Policy

Indian Tribes Gather in Washington State to Talk About Marijuana Production. Representatives of at least 75 tribes attended a conference in Tulalip last Friday to discuss legalizing, regulating, and producing marijuana on their reservations. The move comes after the Justice Department announced that it would not block tribes from doing so. Many tribes are cautious or reluctant to consider the notion, but there appears to be plenty of interest, too.

Colorado's 2014 Marijuana Sales Numbers. According to a to new report from the state, nearly five million pot-infused edibles and nearly 75 tons of marijuana were legally sold in Colorado last year. And that's with only 67 of the state's 321 local jurisdictions allowing for the sale of recreational or medical marijuana. Of course, those 67 localities are where most of the people are. Medical marijuana accounted for nearly 110,000 pounds of pot sales, while recreational accounted for nearly 39,000 pounds.

New Jersey Legalization Advocates Plan "NJ Spring Smoke-Out Rally" in Trenton. A coalition of groups advocating legalization will hold a "Million Marijuana March" for legalization or "any progressive measures on marijuana" on March 21. The groups include the East Coast Cannabis Coalition, the Coalition for Medical Marijuana - New Jersey, CB Delaware, Delaware NORML, Decarcerate the Garden State, The Legalize Marijuana Party, Legalize Cannabis in Atlantic City and Fully Baked Radio. Check the event's Facebook page for more details.

Medical Marijuana

New, Weaker CBD Cannabis Oil Bill Filed in Georgia Senate. The House last week passed a CBD cannabis oil bill, but now, Sen. Lindsey Tippins has filed a new bill that would not make the drug available, but would instead set up a four-year study. The Tippins bill is not yet up on the legislative website; the House bill that passed is House Bill 1.

Poll Shows Strong Support for Medical Marijuana in Iowa. A new Des Moines Register poll has support for medical marijuana at 70%, up from 59% a year ago. The state approved a CBD cannabis oil bill last year, but patient advocates say that law is useless because it doesn't provide for distribution of the medication.

Utah Medical Marijuana Wins Senate Committee Vote.  The state Senate Judiciary Committee last Friday approved Senate Bill 259, a full-blown medical marijuana bill. The measure should go to the Senate for a floor vote this week.

Heroin & Prescription Opiates

Illinois Lawmakers File Omnibus Bill to Battle Opiate Addiction. House Assistant Majority Leader Rep. Lou Lang (D) and GOP Rep. John Anthony were set today to file a comprehensive, 240-page bill to deal with heroin and prescription opiate use and addiction. It would allow the overdose reversal drug naloxone to be distributed more widely, require the creation of a drug prevention program for schools, require that coroners report all overdose deaths to the Department of Public Health, require pharmacies to serve as drug "take back" sites, and limit pain reliever prescriptions.

Kentucky Senate Panel Hears House's Heroin Bill. Although the state Senate has already passed its own omnibus heroin bill, Senate Bill 5, the Senate Standing Committee on the Judiciary last Friday took up the House's omnibus heroin bill, which has lesser sentencing increases for heroin offenders, has a Good Samaritan provision, and allows for the broader use of the overdose reversal drug naloxone. The committee took no action on the bill.

New Synthetic Drugs

Indiana Supreme Court to Hear State's Appeal of Ruling Throwing Out Ban on Synthetic Drugs. The state's high court has agreed to hear an appeal from the state attorney general of a January Court of Appeals decision throwing out the state's ban on synthetic drugs as unconstitutionally vague. The appeals court explicitly rejected a list of more than 80 chemical compounds, look-alike substances, and synthetics as too difficult to understand.Asset Forfeiture

Kentucky Cops Generally Ignore State's Asset Forfeiture Law. LEX 18 TV News has looked into state law enforcement agencies' compliance with asset forfeiture statutes and has found that "a state law designed to give oversight of Kentucky asset forfeiture practices  is mostly ignored by Kentucky police agencies." According to the station, only 63 of about 400 law enforcement agencies in the state filed required annual reports on their drug-related seizures last year, "leaving potentially millions of dollars' worth of goods unaccounted for."

Law Enforcement

Texas "Border Surge" Accomplishes Little. Last year's "surge" on the Mexican border, which saw Texas National Guard troops, state troopers, and game wardens flood the border, has done little to stop the flow of drugs, state officials said Friday. But they still want another $815 million for two more years' worth of surging.

International

New British Drugged Driving Laws Now in Effect. New drugged driving laws went into effect yesterday in the UK. Officers can now do roadside tests for cocaine and marijuana with a "drugalyser." Previously, they had to arrest suspect and take them to a police station for a blood draw under medical supervision. Other drugs will still require going to the police station for a test. The law also covers prescription drugs. Under the law, police will not be required to prove impairment, only that the drugs were present.

Israeli Leftist Party Embraces Marijuana Legalization. With elections looming, the leftist Meretz Party is looking for a boost by embracing marijuana legalization. "Legalization and decriminalization have a political home, and that home is Meretz," said Tamar Zandberg in a video released on the party website last week. Zandberg is number five on Meretz's list for the Knesset.

CARICOM Agrees on Commission to Look at Pot Legalization. The Caribbean Community agreed over the weekend on the composition of a commission to look into marijuana legalization. Bahamas Prime Minister Perry Christie, currently chairman of the group, said members expect the commission to "soon begin its work to look into the economic, health and legal issues surrounding the use of marijuana and to consult with stakeholders to get a view on the issue." The move comes just days after Jamaica gave final approval to decriminalizing marijuana.

Belize Decriminalization of Marijuana Committee Issues Report, Calls for…Decriminalization. After nearly three years of pondering, the decriminalization committee has called for decriminalization. The committee is calling for possession of less than 10 grams to be subject only to administrative penalties. 

Maraschino Cherry Mogul Kills Self As Cops Discover Huge Marijuana Grow

The owner of historic maraschino cherry company in Brooklyn, New York, committed suicide at his plant Thursday morning moments after officers discovered a massive marijuana grow-up behind a false wall in the factory basement. Arthur Mondella, 48, becomes the 9th person to die in US domestic drug law enforcement operations so far this year.

Dell's Maraschino Cherries factory in Red Hook has been around since 1948 and was founded by Mondella's grandfather. It is a major player in the industry, supplying cocktail cherries to clients including TGIF Fridays, Chick Filet, and Caesars. The plant has the capacity to process 400,000 pounds of cherries a week.

It also had the capacity to crank out large quantities of indoor marijuana. Once investigators discovered a hidden room behind a flimsy wall in a basement storage room, they uncovered a grow-op that could hold 1,200 plants.

According to the New York Post, police had received a tip that the factory was a front for a marijuana grow, but, unable to develop evidence to obtain a search warrant, they resorted to sending in the Department of Environmental Protection to do a "routine Inspection"—and see if they could find any signs of pot operation.

When investigators unearthed a basement full of luxury cars, suspicions were aroused, and they then found some "suspicious shelving," which turned out to be a fake wall held fast by magnets. They opened the door and the rich, rank odor of marijuana burst from it.

That's when Mondella, who had been cooperating in the hours-long "inspection," ran into a nearby bathroom, locked the door, told his sister "Take care of my kids," and shot himself in the head.

Cops said they thought they had just missed a harvest in the operation that used 125 grow lights in a 2,500-foot hidden space divided into several rooms. They found 100 pounds of pot, $125,000 in cash, and 60 different varieties of marijuana seeds. 

Brooklyn
United States

Chronicle AM: Ted Cruz Flip-Flops on Pot, Mexico Captures "La Tuta," Asset Forfeiture Action, More (2/27/15)

Ted Cruz sees the light (or at least, which way the wind is blowing), a new poll has a majority for legalization in Maryland, asset forfeiture reform gets killed in two states, The Washington Post rethinks drug testing, and more. 

Sen. Ted Cruz. The Texas Republican now says he is okay with states legalizing marijuana. (congress.gov)
Marijuana Policy

Ted Cruz Changes His Mind on Marijuana Legalization. A year ago, the Texas Republican senator and possible GOP presidential candidate criticized President Obama for allowing Colorado and Washington to legalize marijuana, but now he's singing a different tune. "If the citizens of Colorado decide they want to go down that road, that’s their prerogative," he told Fox News host Sean Hannity on Thursday at the Conservative Political Action Conference (CPAC). "I personally don’t agree with it, but that’s their right."

Iowa Bill to Reduce Marijuana Possession Passes Senate. Earlier this week, the Senate approved Senate File 219, which would reduce the maximum sentence for possessing up to five grams from up to six months in jail to up to 30 days. The bill now goes to the House.

Maryland Poll Has Narrow Majority for Legalization.A new Goucher College poll has support for legalization at 52%, with 44% opposed. The poll comes as the legislature considers a legalization bill.

Pennsylvania Legalization Bill Filed. State Sens. Daylin Leach (D-Montgomery County) and Larry Farnese (D-Philadelphia) have filed Senate Bill 528, the "Regulate Marijuana Act." But they don't expect it to go anywhere this year.

Medical Marijuana

Missouri Issues Licenses for CBD Cannabis Oil Production. The Department of Agriculture this week issued two licenses for the cultivation of low-THC marijuana to be used to make CBD cannabis oil for patients. The licenses went to two St. Louis-area non-profits.

Asset Forfeiture

Colorado Asset Forfeiture Reform Bill Killed in Committee. A bill that would have required a criminal conviction before civil asset forfeiture in the case of joint state and federal asset forfeiture proceedings has been killed in the Senate Judiciary Committee. The bill was Senate Bill 006.

Florida Asset Forfeiture Reform Bill Filed. State Sen. Jeff Brandes (R-St. Petersburg) Thursday filed Senate Bill 1534, which would bar civil asset forfeiture without a criminal conviction.

Wyoming Attempt to Override Governor's Asset Forfeiture Reform Veto Fails. The state Senate voted today not to override Gov. Matt Mead's (R) veto of bill that would have required a criminal conviction before civil asset forfeiture reform could take place. The Senate voted 23-7 to uphold the veto. The bill had passed both houses with veto-proof majorities, but some senators changed their minds after the gubernatorial veto.

Drug Courts

Under Federal Pressure, Kentucky Drug Courts Consider Allowing Opiate Maintenance. After federal drug czar Michael Botticelli said earlier this month that drug court programs that do not allow opiate maintenance therapy could lose federal funding, Kentucky drug courts are considering getting with the program. A court spokesperson confirmed the courts are looking into it, but that they haven't reached a firm decision.

Drug Testing

Arkansas Welfare Drug Testing Bill Filed. State Sen. Blake Johnson (R-Corning) has filed Senate Bill 600, which would require people seeking government assistance to be screened for drug use. Those deemed at suspicion of using drugs after screening would have to be tested for drugs.

The Washington Post is Rethinking Its Employee Drug Testing Policy. "The Washington Post is reviewing its policy in light of the changes to DC law," the newspaper said Thursday without elaborating any further. It also ran an opinion piece by Gina Tron arguing that employers in general should quit such screening.

International

Mexico Captures "La Tuta," Most Wanted Drug Lord. Mexican authorities said today they had captured Servando "La Tuta" Gomez, head of the Michoacan-based Knights Templar cartel. The capture is a boon to the government of President Enrique Pena Nieto, which has been under fire for months for the disappearance and apparent murder of 43 teachers' college students by corrupt police in league with drug gangs. 

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

This Week's Corrupt Cops Stories

A Georgia head narc gets popped for drunk driving, a Detroit cop is in trouble for ripping off "Scarface" memorabilia during a drug raid, a San Francisco sergeant heads to prison for ripping off drug dealers, and a couple of California prison guards go down. Let's get to it:

In Detroit, a Detroit Police Special Operations officer was arrested last Friday on charges he stole a shadow box with a photograph of Al Pacino and memorabilia from the movie "Scarface" during a drug raid. The unnamed officer was part of a Special Operations team assigned to provide security for a team that raided the residence. He has been suspended.

In Thomasville, Georgia, the Thomas County narcotics division director was arrested Sunday night for drunk driving. Commander Kevin Lee, a 20-year law enforcement veteran, is charged with DUI and failure to maintain lanes. He has been suspended without pay while the sheriff figures out what to do.

In San Francisco, a former San Francisco police sergeant was sentenced Monday to 41 months in federal prison for his part in a scheme to rip-off property and thousands of dollars from suspected drug dealers. Ian Furminger had been convicted of four charges in the case, which involved a conspiracy with other officers to steal the items.

In Fresno, California, a former state prison guard was sentenced Tuesday to 2 ½ years in prison for smuggling cash, alcohol, cell phones, and drugs into the Taft Correctional Institution. Ramon Cano, 28, was paid for his smuggling efforts, authorities said.

In Lancaster, California, a former state prison guard was sentenced Wednesday to four years in prison on charges he smuggled drugs and other contraband in to prisoners. Andre Pierre Scott had pleaded no contest to the charges. Authorities say he was a member of a Pasadena street gang and smuggled heroin, marijuana, cell phones, and other contraband. He had worked for the corrections department for a decade.

Medical Marijuana Update

Whew! There are medical marijuana bills all over the place, a leading Democratic politician gets targeted for her anti-medical marijuana stance, and the Kettle Falls Five (now Four) trial gets underway. Let's get to it:

National

Over the weekend, activists targeted Debbie Wasserman Schultz over her medical marijuana stance. Democratic National Committee Chair Debbie Wasserman Schultz wants to move over to the US Senate, but she won't be getting any help from medical marijuana supporters. She opposed last year's medical marijuana initiative, and that has angered advocates. "She's voted repeatedly to send terminally ill patients to prison. And we're certainly going to make sure Floridians know that -- not to mince words," said Bill Piper, national affairs director with the Washington-based Drug Policy Alliance (DPA). DPA has been joined by People United for Medical Marijuana in Florida, the Marijuana Policy Project, and Americans for Safe Access in coming out against Wasserman Schultz. She opposed last year's medical marijuana initiative.

California

Last Friday, Butte County hired six code enforcement officers to begin enforcement of Measure A, the voter-approved measure that restricts medical marijuana grows in the county. Code enforcement officers and deputies will go door-to-door in selected rural areas of the county to inform residents about the new restrictions.

Colorado

Last Wednesday, a bill to regulate medical marijuana got stripped down. Senate Bill 115, which seeks to make the state's medical marijuana system more like its recreational system, won preliminary approval in the Senate, but only after some of its more controversial proposals were stripped out. Now absent from the bill are a move to crack down on medical caregiver growers and rules requiring marijuana edibles to be refrigerated. The measure now renews the medical marijuana regulations that were passed in 2010.

Georgia

On Monday, a CBD cannabis oil bill won a committee vote. The House Judiciary Non-Civil Committee unanimously approved House Bill 1, sponsored by Rep. Allen Peake (R-Macon). The bill was amended to restore a maximum 5% THC level (up from 3%) and to limit the personal information police can access when verifying a medical marijuana authorization, but an amendment that would have reinstated illnesses removed at the request of law enforcement failed.

On Wednesday, the House passed the CBD cannabis oil bill. The House approved House Bill 1, which allows for the use of low-THC, high-CBD cannabis oil to treat seizures and other major health conditions. The measure now goes to the Senate.

Kansas

On Monday, a CBD cannabis oil bill won a House committee vote. For the first time, a measure allowing some form of medical marijuana has won a vote in the state legislature. The House Health and Human Services Committee Monday approved House Bill 2282, which would allow for the use of low-THC, high-CBD cannabis oil for seizure disorders.

Minnesota

On Monday, medical marijuana workers unionized. Workers at Minnesota Medical Solutions, which will operate four medical marijuana dispensaries, have signed a labor agreement with the company under the auspices of the United Food and Commercial Workers (UCFW), Local 1189. The union is also in discussions about representing workers at the other four planned dispensaries in the state, which will be operated by LeafLine Labs. The UFCW has also organized marijuana workers in California, Colorado, and Washington.

Missouri

On Monday, a medical marijuana bill was set for a hearing. Rep. Dave Hinson's (R-St. Clair) House Bill 800 would allow for medical marijuana for eligible patients.

New York

On Monday, there was talk of kosher medical marijuana coming to the state. Orthodox Jews in New York may soon be able to get kosher medical marijuana. Rabbi Moshe Elefant, head of the Orthodox Union's kosher certification agency said he has held "preliminary discussions" with several companies seeking to obtain a kosher seal of approval for medical marijuana. Click on the link for more.

North Dakota

Last Wednesday, the House killed a medical marijuana bill. A bill that would have brought medical marijuana to the Northern Plains was on a vote of 26-67. The bill, House Bill 1430, was opposed by Attorney General Wayne Stenehjem, who warned of public safety and regulatory concerns and called it a step backward in fighting impaired driving.

Tennessee

On Tuesday, a CBD cannabis oil bill was delayed. The House Criminal Justice Subcommittee is delaying a bill that would legalize low-THC, high-CBD cannabis oil. Lawmakers decided Tuesday to bump any action back by at least two weeks. The bill is House Bill 197.

Virginia

Last Wednesday, the legislature approved two CBD cannabis oil bills. The state Senate approved House Bill 1445, which would allow people suffering from epileptic seizures to use CBD and THC-A cannabis oils. It has already been approved by the House and now goes to the governor's desk. An identical companion bill introduced in the Senate, Senate Bill 1235, has also already passed both houses and is on the governor's desk.

Washington

Last Thursday, the Kettle Falls Five became the Kettle Falls Four. Federal prosecutors have dropped charges against 71-year-old Larry Harvey, elder member of the Kettle Falls Five, Washington state medical marijuana patients being prosecuted despite pot being legal in the state and despite Justice Department policy guidance that would appear to preclude such prosecutions. The charges against Harvey were dropped because he's about to die of pancreatic cancer, which has spread to his liver. But his family members still face decades in prison for growing their own medicine. "I'm thankful the charges against me have been dropped so that I can focus on my battle with Stage 4 pancreatic cancer," Harvey said in a statement. "However, if the Department of Justice truly has concerns for my well-being, it will dismiss the case against my entire family. I thought the law passed by Congress and signed by President Obama was supposed to stop the DOJ from prosecuting my family, but so far, there's been little relief."

On Wednesday, the Kettle Falls Four trial got underway in Spokane. The trial of an Eastern Washington family accused of violating federal marijuana laws by growing their own medical marijuana legally under state law began today. The family is known as the Kettle Falls Five, but it's now the Kettle Falls Four after charges were dismissed against terminally ill patriarch Larry Harvey. The prosecution of the Harveys runs counter to Obama administration policy and congressional desire, but continues anyway.

West Virginia

On Monday, a medical marijuana bill was filed. On the last day to file Senate bills in the legislative session, Sen. Mitch Carmichael (R-Ripley) introduced Senate Bill 546, the "Creating Compassionate Use Act for Medical Cannabis." The bill would allow for medical marijuana for designated debilitating medical conditions and would require patients and caregivers to be registered with the state. The bill now goes before the Senate Health and Human Services Committee.

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

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Marijuana Legal in Alaska, Ohio Initiative Hits Bump, Bad CA Bills, More (2/24/15)

It was legalization day today in Alaska, Ohio's Responsible Ohio initiative goes back to the drawing board, a Georgia CBD medical marijuana bill moves, there are a couple of bad bills filed in California, and more. Let's get to it:

Marijuana possession and consumption now legal in Alaska. Smoke 'em if ya got 'em. (wikimedia.org)
Marijuana Policy

Marijuana is Now Legal in Alaska. As of Tuesday, February 24, 2015, the first phase of Alaska's voter-approved Measure 2 marijuana legalization initiative goes into effect. Now, people 21 and over can legally possess up to an ounce of weed and grow up to six plants in their home (only three flowering). Adults may also share up to an ounce of weed with other adults and give them up to six plants. Taxed and regulated marijuana commerce will come next year. Click on the link for more.

Alaska Governor Files Bill for Marijuana Control Board. Gov. Bill Walker (R) yesterday filed a bill to create a marijuana control board to oversee the state's coming legal marijuana industry. Legalization supporters had sought to have pot regulated outside the Alcoholic Beverage Control Board, and this bill is a step in that direction. The measure is Senate Bill 60.

Ohio AG Rejects Wording on ResponsibleOhio Ballot Summary. Attorney General Mike DeWine (R) says the ballot language "omits that the proposed amendment permits the sharing of specified amounts of marijuana between adults 21 years old and older" and "does not accurately reflect the manner in which proposed taxes would be distributed." That means ResponsibleOhio will have to fix the ballot language and submit another 1,000 signatures to try again.

Medical Marijuana

Georgia CBD Cannabis Oil Bill Wins Committee Vote. The House Judiciary Non-Civil Committee unanimously approved House Bill 1, sponsored by Rep. Allen Peake (R-Macon). The bill was amended to restore a maximum 5% THC level (up from 3%) and to limit the personal information police can access when verifying a medical marijuana authorization, but an amendment that would have reinstated illnesses removed at the request of law enforcement failed.

Asset Forfeiture

California Bill Would Allow Civil Forfeiture Before Criminal Complaint is Filed. A bill touted as a measure against transnational crime that would give prosecutors the power to freeze assets before a criminal complaint is filed was introduced Monday. The bill is Assembly Bill 443, and it is being backed by state Attorney General Kamala Harris (D).

Drug Testing

Montana Welfare Drug Testing Bill Passes House. The House last Friday approved House Bill 200, which would require applicants for food stamps to be screened for possible drug use. Authorities will use the screenings to determine which applicants would have to submit to a drug test. Refusal to be screened would result in a denial of benefits. The bill now heads to the state.

Sentencing

California Bill Would Let Prosecutors Charge Possession of "Date Rape" Drugs As a Felony. Just last November, Californians voted to defelonize simple drug possession. Now, a bill has been filed that would allow prosecutors the option of charging possession of Rohypnol, GHB, and ketamine as either felonies or misdemeanors. The bill is Assembly Bill 46, sponsored by Rep. Tom Lackey (R-Antelope Valley), a former Highway Patrol sergeant.

Alabama Man Killed in Pre-Dawn SWAT Drug Raid

A Birmingham, Alabama, man was shot and killed by a member of the Homewood, Alabama, tactical squad (SWAT team) as the team executed a pre-dawn search warrant on his residence Friday morning. The as yet unidentified man becomes the 8th person to die in US domestic drug law enforcement operations so far this year.

According to The Birmingham News, citing police sources, although the apartment building raided is in Birmingham, it was the Homewood SWAT team that carried out the raid. It is not clear why.

A police spokesman said the shooting happened at 6:15 a.m. Officers entered the apartment and a man immediately fired at them with a handgun. Officers returned fire, hitting him. He was pronounced dead at UAB Hospital at 6:54 a.m.

Police did not say whether they had knocked on the door or announced their presence or whether it was a "no knock" raid with immediate forced entry.

A second man in the apartment was detained. There was no mention of any drugs being found.

A commenter responding to harsh remarks on the newspaper's web site claimed to be a child of the man killed by police and also claimed that his father did not shoot at them, but that his brother (presumably the second man in the apartment) did. Here is the entire comment from "Luh Brian":

"My Daddy Is Not In Hell I Know He Is With The Lord Because Even Though He Dealt Drugs He Was Kindhearted He May Not Have Been The Best Father In The World But He Was Made Sure all of his children where always taken care of.... So You Should Not Talk About Him In That Manner. It's Already Hard To Deal With His Death But On Top Of That All You People Act As Though He Was Some Type Of God Damn Super Villain , Saying Such Hurtful Things.....It Just Breaks My Heart To See Y'all Say Such Awful Things About Daddy A Man Which NoNE of you knew . This Story Is Not Accurate My Father Did Not Shoot At Police Although My Older Brother Did.....But That's Something He Taught Us Long Ago 'Protect This House,' And That's All They Did . But I Will File A Lawsuit On Homewood P.D Best Believe That.

"R.I.P Daddy

"6/9/76- 2/20/15"

Chronicle AM: Federal Marijuana Bills, CO Legal Marijuana Battles, VA Cannabis Oil Bills Pass, More (2/20/15)

It's all marijuana news today: Federal legalization bills are filed, battles break out over legalization in Colorado, the Kettle Falls Five is now the Kettle Falls Four, Virginia CBD cannabis oil bills head to the governor's desk, and more. Let's get to it:

Congress action
Marijuana Policy

Federal Marijuana Legalization Bills Introduced. Two congressmen from two states where marijuana is already legal under state law today filed two separate bills to legalize marijuana at the federal level. Rep. Jared Polis (D-CO) introduced a bill that would allow states to legalize marijuana without fear of federal intervention, while Rep. Earl Blumenauer (D-OR) introduced a bill that would tax marijuana at the federal level, in addition to any state taxes. The bills were not yet available on congressional web sites as of this afternoon. Click on the link for more details and reaction.

Democratic Congressman Calls on Holder to Reclassify Marijuana. Rep. Steve Cohen (D-TN) this week sent a letter to Attorney General Eric Holder urging him to reclassify marijuana as a drug with medical benefits. "I urge you to in your remaining time in office to take action, under existing federal law, to reclassify marijuana," Cohen wrote.

Marijuana Policy Project Calls for Holiday Inn Boycott Over Colorado Lawsuit. The group is calling for the boycott because one of two new lawsuits filed in an effort to undo Colorado's legalization of marijuana is in behalf of a Holiday Inn in the mountain town of Frisco. The suit claims that a marijuana shop scheduled to open nearby will damage its business. While the boycott targets the Intercontinental Hotels Group (Holiday Inn's parent company), the hotel is actually operated by New Visions Hotel Two. MPP points out that pressuring the corporate chain could help pressure New Visions to drop its lawsuit.

Former DEA Heads All Sign Brief Opposing Colorado's Legal Marijuana Law. All nine former DEA administrators have signed onto an amicus brief filed Thursday in support of the lawsuit brought by Nebraska and Oklahoma to try to kill legalization in the state. Colorado's legal marijuana "gravely menaces… the health, comfort, and prosperity of the people" of Nebraska and Oklahoma, the former administrators claimed.

Medical Marijuana

The Kettle Falls Five is Now the Kettle Falls Four. Federal prosecutors have dropped charges against 71-year-old Larry Harvey, elder member of the Kettle Falls Five, Washington state medical marijuana patients being prosecuted despite marijuana being legal in the state and despite Justice Department policy guidance that would appear to preclude such prosecutions. The charges against Harvey were dropped because he's about to die of pancreatic cancer, which has spread to his liver. But his family members still face decades in prison for growing their own medicine. "I'm thankful the charges against me have been dropped so that I can focus on my battle with Stage 4 pancreatic cancer," Harvey said in a statement. "However, if the Department of Justice truly has concerns for my well-being, it will dismiss the case against my entire family. I thought the law passed by Congress and signed by President Obama was supposed to stop the DOJ from prosecuting my family, but so far, there's been little relief."

Virginia Legislature Approves CBD Cannabis Oil Bills. The state Senate Wednesday approved House Bill 1445, which would allow people suffering from epileptic seizures to use CBD and THC-A cannabis oils. It has already been approved by the House and now goes to the governor's desk. An identical companion bill introduced in the Senate, Senate Bill 1235, has also already passed both houses and is on the governor's desk.

Chronicle AM: More CO Lawsuits, 2016 MI Inits, New Paid Med Rules a Pain for Vets, More (2/19/15)

An anti-crime group has filed a pair of lawsuits challenging Colorado's legal marijuana law, a decrim bill is moving in Hawaii, 2016 initiative plans are getting underway in Michigan, DEA rules on pain pills are causing problems for vets and others, and more. Let's get to it:

Recent DEA rules tightening access to prescription opiates are causing problems for veterans and others.
Marijuana Policy

Revised Alaska Marijuana Bill Removes It From Controlled Substances List; Adds New Misdemeanors. The legislature's effort to regulate legal marijuana has been revised to remove pot from the controlled substances list, according to an updated draft of Senate Bill 30. The bill would also create new crimes for misconduct involving marijuana, including selling it without a license, possessing more than six plants, transporting more than an ounce, providing it to minors, and making hash oil with a volatile or explosive gas. The bill got a hearing in committee yesterday.

California's Attorney General Not Opposed to Legalization. Attorney General Kamala Harris, the state's top law enforcement officer and Democratic front-runner for a 2016 US Senate seat has said she has no moral objection to legalizing marijuana, but worries about impacts on children and public safety. "I don't have any moral opposition to legalization," she said, "but I do feel a very strong sense of responsibility as a top cop to pay attention to the details... to make sure that if it were legalized... that vulnerable people are safe."

Private Group Sues Colorado Over Legalization. Two months ago, Nebraska and Oklahoma filed a lawsuit seeking to overturn the state's legal marijuana law, and now, two more lawsuits are being filed by a private group, Safe Streets Alliance, an anti-crime organization led by a former Reagan administration official. In one suit, two Colorado property owners are suing a handful of marijuana industry participants under federal racketeering laws and state and local officials under the charge that they are violating the constitution's supremacy clause by not enforcing federal law. In the other suit, Safe Streets joined with the Holiday Inn in Frisco to sue a number of marijuana industry participants on racketeering charges. That suit claims that a planned legal marijuana store is causing the hotel to "suffer injuries to its business and property." Pot supporters say the lawsuits are unlikely to go anywhere.

Hawaii Senate Committee Passes Decriminalization Bill. The Senate Health Committee Wednesday approved Senate Bill 596, which would decriminalize up to an ounce, replacing a petty misdemeanor with a civil infraction and a $100 fine.

Two Michigan 2016 Legalization Initiative Efforts Getting Underway. At least two different groups are eyeing a legalization initiative effort next year. East Lansing attorney Jeffrey Hank filed paperwork Tuesday for the Michigan Comprehensive Cannabis Law Reform Committee, while East Lansing-based Mitchell Research and Communications, a marijuana industry advocacy group, filed paperwork last month to create the Michigan Responsibility Council, which says it will soon transform itself into a ballot committee for 2016. Click on the link for more details.

Missouri Bill Would Free Marijuana Lifer Jeff Mirzanskey. Rep. Shamed Dogan this week filed House Bill 978, which would require the release of anyone serving life without parole for marijuana offenses. That means Jeff Mirzanskey, who is 21 years into his life sentence. Efforts have been afoot to persuade Gov. Jay Nixon (D) to commute his sentence, but he has yet to do so.

Medical Marijuana

Activists Target Wasserman Schultz Over Medical Marijuana Stance. Democratic National Committee Chair Debbie Wasserman Schultz wants to move over to the US Senate, but she won't be getting any help from medical marijuana supporters. She opposed last year's medical marijuana initiative, and that has angered advocates. "She's voted repeatedly to send terminally ill patients to prison. And we're certainly going to make sure Floridians know that -- not to mince words," said Bill Piper, national affairs director with the Washington-based Drug Policy Alliance (DPA). DPA has been joined by People United for Medical Marijuana in Florida, the Marijuana Policy Project, and Americans for Safe Access in coming out against Wasserman Schultz. She opposed last year's medical marijuana initiative.

Colorado Bill to Regulate Medical Marijuana Gets Stripped Down. The bill, Senate Bill 115, which seeks to make the state's medical marijuana system more like its recreational system, won preliminary approval in the Senate Wednesday, but only after some of its more controversial proposals were stripped out. Now absent from the bill are a move to crackdown on medical caregiver growers and rules requiring marijuana edibles to be refrigerated. The measure now renews the medical marijuana regulations that were passed in 2010.

North Dakota Medical Marijuana Bill Defeated. A bill that would have brought medical marijuana to the Northern Plains was defeated in the House Wednesday on a vote of 26-67. The bill, House Bill 1430, was opposed by Attorney General Wayne Stenehjem, who warned of public safety and regulatory concerns and called it a step backward in fighting impaired driving.

Asset Forfeiture

New Mexico Asset Forfeiture Reform Bill Filed. Rep. Zachary Cook (R-Ruidoso) has introduced a bill that would end civil asset forfeiture in the state. The bill is supported by an ideologically diverse range of organizations including the Rio Grande Foundation, the Institute for Justice, the American Civil Liberties Union (ACLU) of New Mexico, and the New Mexico Drug Policy Alliance. It does not yet have a bill number and is not yet available on the legislative web site.

Wyoming Legislators Prepare to Try to Override Governor's Veto of Asset Forfeiture Reform Bill. Gov. Matt Mead (R) vetoed a bill that would have ended civil asset forfeiture in the state Tuesday, but the bill passed by a veto-proof margin, and now legislators and bill supporters are angling for an override vote. The measure, Senate File 14, passed the Senate 26-3 and the House 54-6.

Undertreatment of Pain

New Federal Opiate Prescription Rules Are Causing Problems for Veterans. Restrictions on prescription opiates adopted last summer by the DEA are causing hardships for veterans, the Washington Post reports in a lengthy piece. And it's not just veterans, but they're being hit particularly hard. Click on the link for much more.

Sentencing

Former Federal Judge Regrets 55-Year Sentence for Pot Dealer. Utah resident Weldon Angelos has already spent more than a decade in federal prison after being convicted of three marijuana sales while he had a pistol in his sock. That pistol led to consecutive mandatory minimum sentences resulting in a whopping 55 years in prison for the aspiring rapper. Now, Paul Cassell, the then federal judge who sentenced him, wishes he had a do over. "I do think about Angelos," he said. "I sometimes drive near the prison where he's held, and I think, 'Gosh he shouldn't be there. Certainly not as long as I had to send him there... That wasn't the right thing to do. The system forced me to do it. I think that most of the time, our federal justice system succeeds," Cassell continued. "But there are some cases where it fails and the Angelos case is a prime example of that. I thought the sentence was utterly unjust to Weldon Angelos, but also unjust to the taxpayer," Cassell pointed out. "I think it's just a waste of resources to lock him up for 55 years, I don't really think anyone believes that's an appropriate sentence."

Utah Ready for Drug Defelonization, Poll Finds. Strong majorities of Utahns favor defelonizing drug possession offenses, according to a new survey from Public Policy Polling. Some 58% support defelonization, while 59% said probation and community-based drug treatment were more appropriate than jail for being caught with small amounts of drugs. The poll comes as a defelonization bill, House Bill 348, is introduced today.

International

UK Liberal Democrat Leader Supports Medical Marijuana. Nick Clegg, head of the Liberal Democrats, the junior partner in a governing coalition with the Conservatives, has said people should be able to use marijuana to alleviate medical problems. "I strongly agree that where there is a proven medicinal use for cannabis for instance we should make that easier for those to have access to it in a straightforward legal way in order to alleviate the symptoms that you clearly have that you know as a user are alleviated by the use of cannabis," he said. "Let's take a more intelligent approach -- where there is a clear medicinal use, make sure you have access to that in a regulated way." This is yet one more way that the Lib Dems and the Tories are at odds on drug policy.

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

This Week's Corrupt Cops Stories

An Arizona narc gets caught sleeping with the enemy, a Hawaii prison guard goes away for smuggling contraband to gang members, and an Illinois police dispatcher is in trouble for snatching pain pills. Just another week in the drug war. Let's get to it:

In White Hall, Illinois, a White Hall police dispatcher pleaded guilty last Wednesday to stealing prescription opiates from the White Hall Police Department evidence room. Amanda Morrow, 29, had been arrested in June along with another dispatcher and a Roodhouse police officer, who was charged with distributing a controlled substance. She was sentenced to two years' probation and a $1350 fine.

In Phoenix, a former Tempe undercover narcotics officer was sentenced last Wednesday to probation after being caught having sex with a man who was the target of an undercover drug investigation and telling him he was being investigated. Jessica Dever-Jakusz was sentenced to 18 months' probation. Dever-Jakusz was working undercover with other Tempe narcotics detectives targeting downtown restaurants and bars. Police said her revelations to the suspect scuttled a five-month investigation.

In Honolulu, a former state prison guard was sentenced last Friday to nearly nine years in federal prison for delivering drugs to gang members inside the prison. Feso Malufau, 55, was found guilty of racketeering and conspiring to obtain and distribute meth into the Halawa Correctional Facility. Prosecutors said Malufau was paid thousands of dollars to smuggle meth, cigarettes, and other contraband to USO gang members.

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