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Chronicle AM -- May 7, 2014

A reform rollback in New Zealand, a hearing on DC decrim in Congress tomorrow, a medical marijuana trial becomes a travesty, the DEA makes another change-nothing drug bust, and more. Let's get to it:

New synthetic drugs are going back to the black market after New Zealand rolls back its effort to regulate them. (wikimedia)
Marijuana Policy

ACLU DC Branch Will Testify on District Marijuana Decriminalization Bill Tomorrow. The American Civil Liberties Union of the Nation's Capital will testify before the House Committee on Oversight & Government Reform, Subcommittee on Government Operations about the District of Columbia's marijuana decriminalization bill tomorrow. The legislation would remove the criminal penalties under District of Columbia law for the possession of an ounce or less of marijuana within the District. The bill passed the DC council overwhelmingly and was signed by Mayor Vincent Gray. It cannot become law until Congress and the president have had 60 days to review it. The Subcommittee on Government Operations called the hearing to discuss the enforcement in the District of local and federal marijuana laws. The ACLU will testify that nothing in the bill would prevent federal law enforcement officers from enforcing federal law throughout the District.

Colorado Legislature Approves Bills on Hashish, Edibles. House Bill 1361, which limits hash sales, and House Bill 1366, which further regulates edibles, both passed the Senate Wednesday, the last day of the session. Under current law, consumers can purchase up to an ounce of hash at a time, but that will be reduced by some as yet unspecified amount. The edibles bill would ban manufacturers from making edibles that "a reasonable consumer would confuse with a trademarked food product" (goodbye, Reefers Cups) or that are "primarily marketed to children." Both bills await the governor's signature.

MPP Releases Report on Collateral Consequences of Marijuana Convictions in New Hampshire. The Marijuana Policy Project (MPP) has just released a new report, Marked for Life, that shows how the lifelong stigma associated with a marijuana conviction can derail dreams by making it difficult to obtain jobs, an education, and even housing. The moves two weeks after the state Senate refused to consider a marijuana reform bill, but the session isn't over yet, and MPP and its allies say they are not giving up for the year.

Medical Marijuana

Federal Judge Denies Medical Marijuana Defense to Family Accused of Growing Medical Marijuana. A federal judge won't allow a family of a medical marijuana patients from Washington state to defend themselves against drug trafficking charges by arguing their pot plants were for medical purposes. US District Judge Fred Van Sickle of the Eastern District of Washington on Tuesday rejected the planned medical marijuana defense of Larry Harvey, 70, his wife Rhonda Firestack-Harvey, 55, and three others facing trial next week, saying they could not argue that growing marijuana was for medical purposes and legal under Washington state law. "The intent of the defendants is not relevant to the issues," Van Sickle said. "There's this concept of reliance on state law and the like. That's not relevant either." Because the federal government considers marijuana illegal, federal courts generally don't allow evidence that the drug may have been used for medical purposes, even when medical marijuana is legal under a state's law, as it is in Washington. The Harveys, their son, Rolland Gregg, 33; Gregg's wife Michelle, 35; and family friend Jason Zucker, 38, sought to describe their doctor-recommended medical marijuana cultivation at their upcoming trial on federal drug charges.

New York Medical Marijuana Bill Gains First Republican Sponsor. Sen. Joseph Robach (R-Rochester) added his name this week to the Compassionate Care Act, joining 17 other Democratic senators who have cosponsored the measure. The bill's primary sponsor is Sen. Diane Savino, a Staten Island Democrat. Republican Senate leaders have held up the bill. Senate GOP leader Dean Skelos said Tuesday there was a "good possibility" some sort of bill would be approved this session, but that he would only support a limited CBD bill.

Minnesota Senate Approves Medical Marijuana Bill. The state Senate Tuesday approved Senate File 1641, which would allow for up to 55 dispensaries statewide and allow patients suffering from a list of approved medical conditions to use the plant -- but not to smoke it. A companion measure in the House is even more restrictive. It could be up for debate as early as Friday.

Law Enforcement

Courts, Legislators Moving to Curb Police Access to Prescription Drug Databases. For years, police across the country have had easy access to databases of prescriptions for controlled substances used by individuals they suspect of committing a crime. Not anymore. Some courts and legislators are now starting to restrict the data, amid concerns by privacy advocates and defense lawyers who say warrantless searches of these databases violate privacy rights, The Wall Street Journal reports. In February, a federal court in Oregon ruled for the first time that federal agents need a warrant to search that state's prescription-drug database. Last year, Rhode Island raised the barrier of entry to its database, and legislators in Florida and Pennsylvania are considering new limits on law-enforcement access to the records in those states.

DEA in Nationwide Raids on Synthetic Drugs, Sellers. The Drug Enforcement Administration on Wednesday broadened its national crackdown on synthetic drug manufacturers, wholesalers and retailers as federal agents served hundreds of search and arrest warrants in at least 25 states. Agents served warrants at homes, warehouses and smoke shops beginning early morning. The largest single operation was a statewide effort in Alabama. Agents also were active in Florida and New Mexico, among other states. Wednesday's crackdown was focused strictly on US targets and involved 66 DEA cases, seven investigations led by Immigration and Customs Enforcement special agents and several others led by Customs and Border Protection that focused on express consignment shipments. Last year, the DEA and Customs and Border Protection wrapped up a 7-month investigation that ended in 150 arrests and the seizure of about a ton of drugs. And now it's rinse and repeat.

Sentencing Reform

Harry Reid Says Sentencing Reform Debate Could Hit Senate Floor Soon. CQ Roll Call (behind a pay wall; no link, sorry) reported Tuesday that Senate Majority Leader Harry Reid (D-NV) was asked whether he intended to bring Sen. Richard Durbin's (D-IL) sentencing reform bill, Senate Bill 1410, to the floor for debate soon. "The answer is yes," Reid said, adding that he has been consulting with Durbin about it. The bill would slash mandatory minimums for some drug crimes and give judges more discretion to impose sentences beneath federal guidelines.

International

New Zealand Reverses Course on Regulating Synthetic Drugs. In a disappointing about-face, New Zealand reversed course on allowing some synthetic drugs to be legally sold after a rising public clamor about them. A law change effective Thursday will ban the sale and possession of all synthetic drugs. That ends the sale of 36 substances, many of which had been designed to mimic marijuana. Five other substances were banned earlier this year. The country last year gained international attention after enacting a novel new law that allowed those synthetic drugs thought to be low-risk to be sold while waiting for pharmaceutical-style testing. The law still allows manufacturers to sell the drugs if they can prove them low-risk after rigorous testing. But health officials have yet to develop testing protocols. And manufacturers may find the hurdles insurmountable after lawmakers on Wednesday also banned the use of animals in testing the products.

Tunisia Activists Urge Reform of Harsh Marijuana Laws.Tunisia's tough law on cannabis use, laying down jail terms of at least one year, is "destroying lives" and overcrowding prisons, according to a group of activists urging reform. Since the law was passed more than 20 years ago, "tens of thousands of Tunisians have been convicted," the group said in an open letter to the government. "But the number of people sentenced and the number of users continue to grow, proving that this law is not a deterrent. It has failed," said the group, named Al Sajin 52 (or Prisoner 52) as the law is called. Health ministry director general Nabil Ben Salah said the health and justice ministries are trying to "humanize" the marijuana law, but that decriminalization is not an option.

Drug War Violence Flares in Northeast Mexico. Federal security forces killed five gunmen in separate shootouts in Reynosa, Tamaulipas, just across the border from McAllen, Texas, Monday. Army troops, meanwhile, detained 15 suspected criminals in different operations across the state. The Gulf and Zetas drug cartels have been fighting for control of Tamaulipas and smuggling routes into the United States for years, and now Gulf cartel factions are also fighting among themselves. The violence has spiked in recent weeks, but federal officials have not taken any additional measures to deal with the situation in the border state.

This Week's Corrupt Cops Stories

More jail guards gone wild! Smuggling dope, smuggling meth, cooking marijuana butter. Plus, a Customs officer winks at semis full of weed blowing through his lane, a crooked Chicagoland cop agrees to rat out his buddies, and more. Let's get to it:

In Andalusia, Alabama, an Andalusia police sergeant was arrested last Wednesday on somewhat murky drug and prostitution charges. Sgt. Jason Curry is charged with distribution of controlled substances, possession of controlled substances, and promotion of prostitution. Curry's father also faces drug distribution charges. Authorities are being tight-lipped, so details are limited, but Curry has bailed out of jail on $165,000 bond. He's been relieved of his duties, but not fired yet.

In Grand Rapids, Michigan, four Kent County sheriff's jail guards were arrested Saturday for making large amounts of marijuana butter. They went down after postal inspectors alerted the Kent Area Drug Narcotics Enforcement team about a suspicious package sent to one of them, which was found to contain marijuana. Sgt. Tim Bernhardt, a 22-year veteran of the department, is charged with the delivery and manufacture of marijuana and conspiracy to deliver and manufacture; Officer Mike Frederick, a 24-year veteran, is charged with delivery and manufacture of marijuana and conspiracy to deliver and manufacture, as well as possession of a controlled substance; Officer Todd VanDoorne, a 22-year veteran, iis charged with possession of a controlled substance and maintaining a drug house; and Officer Brian Tennant, a 20-year veteran, is charged with delivery and manufacture and possession of a controlled substance.

In Honolulu, a former Halawa Correctional Facility guard pleaded guilty last Tuesday to smuggling methamphetamine into the prison. James Sanders III, 31, admitted distributing meth to a confidential informant and taking $5,000 for his efforts. He pleaded guilty to one count each of meth distribution and bribery. He's looking at up to 50 years in prison when sentenced in June.

In Chicago, a former Schaumburg police officer pleaded guilty last Friday to participating in a police drug ring and agreed to testify against his former colleagues. Former tactical officer Terrance O'Brien copped to possession of a controlled substance, official misconduct, burglary and armed violence. O'Brien and his partners allegedly forced drug informants and dealers to sell drugs on their behalf and went down after a man arresting for drug-selling in a nearby Chicago suburb told police Schaumburg cops had forced him to sell the dope. O'Brien is looking at up to 38 years behind bars, but will probably get about 12 because of his cooperation.

In Salinas, California, a California state prison guard was sentenced last Friday to three years in prison for smuggling drugs and cell phones into the prison. Cruz Aguirre, 28, had been convicted of bribery for smuggling the contraband in exchange for cash.

In San Diego, a former US Customs officer was sentenced Monday to 7 ½ years in federal prison for letting at least 66,000 pounds of marijuana move undetected though his Customs inspection lane. Former officer Lorne "Hammer" Jones, 50, was convicted of conspiracy to commit offenses against the United States and attempted importation of marijuana. He had been dirty for at least a decade, beginning by waving cars and vanloads of immigrants through his lane, and later tractor trailers.

Chronicle AM -- January 16, 2014

Florida's medical marijuana initiative appears poised to qualify for the ballot (if it survives a challenge in the state Supreme Court), a new poll finds the country evenly split on marijuana legalization, Afghanistan was on the agenda in the Senate yesterday, and more. Let's get to it:

harvesting opium poppies in Afghanistan (unodc.org)
Marijuana Policy

ABC News/Washington Post Poll Has Americans Split on Marijuana. A new ABC News/Washington Post poll has support for marijuana legalization nationwide at 49%, with 48% opposed. The poll is in the same ballpark as other polls since the November 2012 elections, where support for legalization has ranged between 45% and 58%. Click on the link to see full poll results.

DEA Operations Chief Bemoans Marijuana Legalization Trend. DEA operations chief James Capra told a Senate committee Wednesday that marijuana legalization at the state level was "reckless and irresponsible" and could lead to dire consequences. "It scares us," Capra said, responding to a question. "Every part of the world where this has been tried, it has failed time and time again." [Editor's Note: No country had legalized marijuana until Uruguay did late last year, and that hasn't gone into effect yet. If Capra is referring to Amsterdam, where sales are tolerated, if not technically legal, cannabis coffee shops are now in their fourth decade of existence, and the problems associated with them are relatively trivial.] "There are more dispensaries in Denver than there are Starbucks," he continued. "The idea somehow people in our country have that this is somehow good for us as a nation is wrong. It's a bad thing. This is a bad experiment. It's going to cost us in terms of social costs."

Missouri Marijuana Legalization Petitions Approved for Circulation. Secretary of State Jason Kander announced Wednesday that 13 marijuana legalization initiatives had been approved for signature-gathering. The bakers' dozen initiatives are all variations on a theme: legalize and regulate marijuana in Missouri. They were submitted by Columbia defense attorney Dan Viets, the chairman of the activist group Show-Me Cannabis. To make the November 2014 ballot, organizers must gather 157,778 valid voter signatures for at least one of them by May 4.

Maryland Coalition to Legalize Marijuana Launched. Maryland legislators Thursday launched an effort to get a marijuana legalization bill, the Marijuana Control Act of 2014, passed this year. They were joined at a press conference by members of the newly formed Marijuana Policy Coalition of Maryland, which includes the ACLU of Maryland, Law Enforcement Against Prohibition, the Maryland League of Women Voters, the Marijuana Policy Project, and the Maryland NAACP.

Medical Marijuana

Florida Initiative Campaign Has Gathered 1.1 Million Signatures. The folks behind the Florida medical marijuana initiative, United For Care/Patients United for Freedom, announced Wednesday night that they had gathered 1.1 million signatures, nearly half a million more than needed to qualify for the ballot. While all the signatures haven't been validated yet, organizers are now confident they will pass that hurdle. Now, they have to wait and see if the state Supreme Court is going to allow the effort to move ahead.

Washington Patients, Advocates Speak Out Against Bill That Would Gut Medical Marijuana System. The House Health Committee got an earful from medical marijuana advocates at a hearing Wednesday on House Bill 2149, which would eliminate cultivation cooperatives (and thus, dispensaries) by 2020 and reduce the amount of marijuana patients could possess and the number of plants they could grow. The bill mirrors many of the recommendations of the state Liquor Control Board, which is charged with implementing I-502 marijuana legalization.

Hemp

Indiana Hemp Bill Introduced. State Sen. Richard Young (D-Milltown) has introduced Senate Bill 357, which would allow the Department of Agriculture to license industrial hemp growing and production. The bill requires the department to get necessary approvals from the federal government, which has yet to approve any such production anywhere in the US.

Illinois Hemp Bill Seeks New Life in 2014. State Rep. Kenneth Dunkin (D-Chicago) introduced a hemp bill, House Bill 2668, last year, but it has languished in committee despite picking up some bipartisan support. He said Wednesday that he was cautiously optimistic that opposition may be softening, and the bill could move this year.

Heroin

Maine Heroin Deaths Up Fourfold from 2011 to 2012. The number of heroin overdose deaths in Maine quadrupled between 2011 and 2012, according to numbers released by state officials Wednesday. Officials said the increase was due to tightening restrictions on the use of prescription opiates, a cheap heroin supply, and, possibly, cuts in MaineCare. But while the increase was dramatic, the 28 heroin overdose deaths reported in 2012 is well below the 2005 peak of 43. In the years between 2005 and 2011, heroin deaths declined steadily.

Heroin Prevention Bill Package Passes Wisconsin Assembly. The State Assembly Wednesday passed the HOPE (Heroin Opiate Prevention and Education) package of four bills designed to reduce the number of overdose deaths in the state. Sponsored by Rep. John Nygren (R-Marinette), one bill would allow anyone to use naloxone to reverse overdoses, another would grant legal immunity to drug users who call for help in an overdose emergency, a third would allow communities to establish prescription drug drop-off points, and the fourth would require people to show ID when picking up prescription drugs. The naloxone and legal immunity bills are Assembly Bill 446 and Assembly Bill 447. The package now moves to the Senate.

Kratom

Oklahoma Wants to Ban Kratom, But Meets Resistance. The Oklahoma Bureau of Narcotics wants to ban the Southeast Asian herb kratom, which it calls "the legal form of heroin," but kratom fans are responding with dismay and disputing the narcs' assessment. Kratom is not a controlled substance under federal law, but narc Mark Woodward said he planned to ban it until it is federally proven to have medical benefits. Kratom users have started a petition to challenge efforts to ban Kratom.

Drug Courts

Study Finds Drug Courts Ignore Science When it Comes to Opiate Substitution Therapies. A small study of drug courts in New York state finds that their skeptical approach to opiate substitution therapies (OST), such as methadone and buprenorphine, can be a barrier to successful treatment. "Many courts do not respect medical consensus on scientifically sound treatment standards. Some courts included OST as part of court-mandated treatment options, while others allowed OST for a court-defined period of time as a bridge to abstinence. Still others showed intolerance and even disdain for anything having to do with methadone and buprenorphine, or -- as with the drug court in Albany County -- refused outright to admit people on methadone or buprenorphine treatment," the authors wrote. "Ordering people who are dependent on opioids to get off their prescribed methadone or buprenorphine medicines can force patients to seek out and become dependent on other opioids like prescription analgesics. Addiction to prescription opioids has been recognized as a priority problem by U.S. policy-makers, but drug courts may be exacerbating it."

Search and Seizure

ACLU Sues Border Patrol Over Interior Border Check Point Searches. The American Civil Liberties Union (ACLU) has filed suit against the Border Patrol, claiming its agent routinely violate the constitutional rights of local residents by stopping and searching them at interior checkpoints on highways near the border. In a 1976 ruling, the US Supreme Court ruled that immigration checkpoints were permissible if the stops were brief, involved "a limited enquiry into residence status," and a visual inspection of the exterior of the vehicle. "But that's not what's happening here," said ACLU attorney James Duff Lyall in Tucson. He said the cases mentioned in the lawsuit provide strong indications that the Border Patrol is using the checkpoints for general crime control, "which the courts have said is not acceptable for a checkpoint. The same thing is happening over and over again to many border residents," Lyall said. "They're going on fishing expeditions where there's no reasonable suspicion."

International

Afghan Drug Situation "Dire," Federal Auditor Tells Senators."The situation in Afghanistan is dire with little prospect for improvement in 2014 or beyond," Special Inspector General for Afghanistan Reconstruction John Sopko told the Senate Caucus on International Narcotics Control Wednesday. Poppy cultivation is at record levels and the drug trade now accounts for 15% of Afghan GDP, Sopko said.

US to Help Afghanistan With Drug Problem, State Department Official Tells Senators. At the same hearing mentioned in the story above, Assistant Secretary of State for the Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs") William Brownfield vowed the US would remain committed to helping Afghanistan fight drug production and trafficking even after US and NATO troops pull out at the end of this year. "We will continue to ensure our counternarcotics programs are well integrated with broader US efforts, including assistance programs aimed at supporting a vibrant legal economy," he testified Wednesday. "The expanding cultivation and trafficking of drugs is one of the most significant factors putting the entire US and international donor investment in the reconstruction of Afghanistan at risk," he said.

San Diego Man Busted for Marijuana Dies in Border Patrol Custody

A San Diego man detained by the Border Patrol after being caught carrying three pounds of marijuana died in a holding cell Christmas Eve. Steven Keith, 58, becomes the 41st person to die in US domestic drug law enforcement operations so far this year.

According to the Associated Press, Keith was stopped at a Border Patrol checkpoint on Interstate 8 in Southern California, and authorities found the marijuana, along with unspecified drug paraphernalia and traces of methamphetamine in his vehicle.

He was then arrested and placed in a holding cell, where he collapsed shortly thereafter. Paramedics were unable to revive him.

The Border Patrol said it is cooperating with an investigation being undertaken by the San Diego County Medical Examiner's Office, but as NBC San Diego reported, local human rights activists are pointing out that Keith's is only the latest death in Border Patrol custody.

"Since 2010, we have had more than 20 individuals who have died while in Border Patrol custody. We don't have any answers as to what happened in any of those cases. Those are all pending investigation or investigations that have never even started," said Andrea Guerrero, executive director of Alliance San Diego. "We haven't seen any outcomes on any of the other cases," Guerrero said. "And so, it should be concerning to the general public and for the family that this is yet another case. We're just mounting up cases is all we're doing. We're not getting any answers."

San Diego County
CA
United States

Chronicle AM -- December 23, 2013

The marijuana court judge was drunk, Dread Pirate Roberts wants his bitcoins back, Beto O'Rourke wants the Border Patrol to answer some questions, Rand Paul and Cory Booker tweet policy, and more. Let's get to it:

Marijuana Policy

Florida "Marijuana Court" Judge Comes to Work Drunk. Florida Judge Gisele Pollack, who pioneered the notion of a "marijuana court," where misdemeanor pot offenders are steered toward treatment, showed up at work last Tuesday drunk out of her mind. When court staff tried to keep her off the bench, she responded, "Fuck you, you're fired." She was also reportedly screaming and crying as she demanded that her car keys be returned to her. She later told reporters she would be off for two weeks in "an intense outpatient program."

Medical Marijuana

Florida Signature-Gatherers Held Day of Action Saturday. Organizers for the campaign to put a medical marijuana initiative on the Florida ballot held a "Day of Action" Saturday as their effort heads into its final weeks. Supporters set up locations in 14 cities, including Daytona Beach and Orlando, where volunteers picked up and dropped off petitions. They need 700,000 to make the ballot, but are seeking to gather one million to have a cushion.

Asset Forfeiture

Silk Road's Dread Pirate Roberts Wants His Bitcoins Back. Ross Ulbricht, also known online as the Dread Pirate Roberts, is asking the federal government to return more than $30 million worth of bitcoins it seized after it shut down his Silk Road web site for allowing visitors to buy and sell illegal drugs and other contraband. Ulbricht argues in a legal filing that the currency should be returned because it isn't subject to civil forfeiture rules.

Law Enforcement

Beto O'Rourke Calls for Investigation into Heavy-Handed Border Drug Searches. US Rep. Beto O'Rourke (D-TX) is calling for an investigation into border drug search practices after, in the latest border search scandal, a New Mexico woman is suing after having been subjected to body cavity searches, including anal and vaginal probes while crossing into El Paso from Mexico. "Recent allegations brought against CBP for extreme and illegal searches are deeply troubling and, if true, completely unacceptable," O'Rourke said. "Individuals do not waive their constitutional or human rights simply because they choose to cross one of our international bridges. The war on drugs cannot be an excuse for sexual assault under the color of legal authority. Constitutional limits exist so that the rights of our citizens are protected and the government does not deprive any person of life, liberty, or property, without due process of law," O'Rourke said. "CBP has a responsibility to ensure that all persons entering into our country are treated humanely and in accordance with our laws."

Sentencing Reform

Paul-Booker Tweet Fest Could Be Harbinger of Reform Alliance Next Year. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) engaged in a Twitter exchange today that could augur cooperation on moving forward with sentencing reform and marijuana and hemp legalization next year. Both are among the highest-profile senators seeking sentencing reform. Read the exchange at the link.

International

A Thousand Rally for Marijuana Legalization in Tel Aviv. More than a thousand people rallied in Tel Aviv's Rabin Square Saturday night in favor of marijuana legalization and easing restrictions on medical marijuana. Likud lawmaker Moshe Feiglin and Meretz lawmaker Tamar Zandberg have proposed a bill that would legalize marijuana and ease access to it for medical use.

Costa Rica Presidential Candidates Not Keen On Marijuana Legalization. Costa Rica's two leading presidential candidates have said they do not support the full legalization of marijuana in Costa Rica. Proponents of medical marijuana, however, might glean some hope from the candidates' responses. Front-runners Johnny Araya of the National Liberation Party and Jose Maria Villalta of the Broad Front are lukewarm at best on marijuana reform. Araya said "I'm against legalizing marijuana in Costa Rica," while Villalta, while not endorsing legalization, at least called for "a broad national dialogue" on the issue.

Chronicle AM -- December 4, 2013

Some Denver city council members don't know when to give it a rest, some California US reps want stiffer penalties for pot grows on public lands, the Big Dog speaks on drug policy, Ecstasy may be on the rise, Morocco holds a historic hearing on cannabis, and more. Let's get to it:

Ecstasy seems to be making a comeback.
Marijuana Policy

Denver City Council Now Considering Cultivation Restrictions. Just when you thought it was safe again, after an effort to stop people from smoking marijuana on their own property in public view died Monday night, the Denver city council is now considering an effort to cap the number of plants that can be grown in a single household. The measure is sponsored by Councilwoman Jeanne Robb, the same person behind the failed private property smoking ban. The measure would be in conflict with Amendment 64, which is now part of the state constitution and clearly says anyone 21 or older can grow six plants "notwithstanding any other provision of law."

California US Senator, Representatives Seek Tougher Penalties for Federal Lands Marijuana Grows. Several California congressmen, including some who have been strong supporters of medical marijuana, have written a letter to the US Sentencing Commission seeking longer prison sentences for people growing on federal and some private lands. "We are concerned that existing guidelines do not address the long term detrimental threats these operations pose to the environment and nearby communities," the letter said. "The production and cultivation of controlled substances in particular marijuana, on public lands or while trespassing on private property is a direct threat to our environment and public safety." The signatories include Sen. Dianne Feinstein and US Reps. Doug Amalfa, Sam Farr, Jared Huffman, and Mike Thompson.

Drug Policy

Bill Clinton Says Attitudes Toward Drug Legalization Are Changing. Attitudes toward drug legalization are changing, former President Bill Clinton said in an interview with Fusion TV Tuesday. "The drug issue should be decided by people in each country, based on what they think is right," the ex-president opined. "We have a process in America for doing it that's being revisited state-by-state. And Latin America is free to do the same thing. It's obvious that attitudes are changing and opening up," he said. But he added that he didn't think hard drugs should be treated like marijuana. "It's also too complicated to say that if you legalize it, you wouldn't have any of these armed gangs trying to exercise a stranglehold over whole communities and lives, or that we could actually get away with legalizing cocaine and then the criminals would go away," he said.

Vermont Chief Justice Criticizes Drug War, "Tough on Crime" Approach. Vermont Chief Justice Paul Reiber has lashed out at the war on drugs and "tough on crime" approaches in general in a pair of recent speeches and a television interview. "Even with our best efforts, we are losing ground," Reiber told a crowd at Vermont Law School last month. "The classic approach of 'tough on crime' is not working in this area of drug policy. The public responds very well to this 'tough on crime' message, but that does not mean it's effective in changing individual behavior. If the idea is law enforcement alone will slow and eventually eliminate drug use altogether, that isn't going to happen… The criminal justice system can't solve the drug problem."

Club Drugs

Teen Ecstasy-Related Hospital ER Visits Doubled in Recent Years, Feds Say. The Substance Abuse and Mental Health Services Administration (SAMHSA) reported Tuesday that hospital emergency room visits linked to teen Ecstasy use had more than doubled between 2005 and 2011. The number jumped from about 4,500 to more than 10,000 during that period. One third of those cases also involved alcohol. Authorities worry the club drug is making a comeback, although the number of ER visits reported for ecstasy is a tiny fraction of the 1.5 million drug-related ER visits reported each year.

International

Morocco Parliament Holds Hearing on Legalizing Cannabis for Hemp, Medical Marijuana. Morocco's Party for Authenticity and Modernity held a historic hearing Wednesday about legalizing marijuana cultivation for hemp and medical marijuana. The party hopes to introduce legislation next year. Somewhere between 750,000 and a million Moroccans depend on the cannabis crop for a living, although lawmakers said small farmers currently reap very little profit, with most profits going to drug traffickers sending Moroccan hash to Europe.

Former Mexican Border State Governor Charged in US with Money Laundering for Cartels. Tomas Yarrington, the former PRI governor of Tamaulipas state, across the Rio Grande from Brownsville and McAllen, Texas, has been indicted by US authorities on charges he took millions in bribes from the Gulf Cartel. Prosecutors allege Yarrington started receiving bribes while running for governor of the state in 1999 and continued to do so throughout his term. He is being sought by US authorities, but has not been taken into custody in Mexico.

Chronicle AM -- November 11, 2013

Utah is getting organized for marijuana law reform, the NAACP is supporting a "states' rights" federal marijuana bill, attention turns to the drug war south of the border in Washington, and more. Let's get to it:

Marijuana Policy

NAACP Endorses Federal Respect States Marijuana Laws Act. The NAACP late last month formally endorsed the Respect States Marijuana Laws Act, House Resolution 1523. Introduced in April by Rep. Dana Rohrabacher (R-CA), the measure would protect both medical and recreational marijuana use and distribution in states where it is legal. That the nation's largest African-American organization and one of the top civil rights organizations would support a "states' rights" measure, given the history with which states' rights is weighted when it comes to race relations, suggests that the NAACP fully understands how destructive the war on marijuana has been to African-American communities.

Beehive State Activists Form Utah Cannabis Coalition. A number of Utah-based marijuana reform groups have formed the Utah Cannabis Coalition to fight for marijuana legalization in all its forms. The groups include Hempower Utah, SLC Hemp, Utah Moms for Marijuana, Salt Lake City Moms for Marijuana, Legalize Utah, and UtahCARE - Cannabis Awareness, Respect and Education. The coalition will be working to win over legislators and holding a number of event this fall and winter.

Search and Seizure

Another New Mexico Nightmare Drug Search, This One Courtesy of the Feds. The New Mexico chapter of the ACLU is representing a woman who was subjected to a strip search, vaginal and anal probes, X-rays, and a CAT-scan, as well as being forced to defecate in front of observers after a drug dog alerted on her as she crossed the US-Mexico border. No drugs were found. This incident comes after two recent cases of Deming police subjecting unwitting motorists to similar treatment, but in this case, the abuse took place at the hands of federal officials and compliant medical personnel.

International

Prague Grow Shop Raids Spark Protest. The Czech marijuana activist groups Leglizace organized a protest in central Prague Saturday against recent mass police raids on shops that sell indoor gardening equipment often used to grow marijuana. Some 200 people gathered to whistle loudly as they carried signs with messages such as "Growing is No Crime." Police have charged at least 22 people with criminal offenses in the wake of the raids.

Mexican Drug War

Petition to End US Support for Mexican and Central American Drug Wars. A petition sponsored by the Americas Program of the Center for International Policy is calling on Congress and the Obama administration to carry out a "fact-based evaluation and seriously rethink the war on drugs" as applied to Mexico and Central America. "We call on you to end funding to the bloody war on drugs in Mexico and Central America, which has led to the death and disappearance of more than 100,000 Mexicans and the dangerous militarization of the region. Instead of continuing to waste billions of taxpayer dollars through the Merida Initiative and the Central American Regional Security Initiative, we urge you to join citizens and governments of the region in the search for more just, effective and humane alternatives to the drug war at home and abroad," the petition says. You can sign it at the link above, and it could use your help; the goal is 5,000 signatures this week, but it so far has fewer than 500.

Javier Sicilia and Caravan for Peace in Washington, DC, This Week. Mexican poet and drug peace leader Javier Sicilia and the Caravan for Peace (Movement for Peace with Justice and Dignity) will be in Washington Tuesday and Wednesday. Sicilia and the group will brief the Organization of American States and Congress at separate events Tuesday and Wednesday. Click on the link for more details.

Texas Trooper Cleared in Chopper Drug War Killings

A Texas Department of Public Safety trooper who opened fire from a helicopter on a fleeing pickup carrying what he thought was a drug load near the US-Mexico border, killing two Guatemalan immigrants, will not face criminal charges. A grand jury in Edinburg declined Tuesday to indict him in the deaths.

Hidalgo County prosecutors had presented the case to a grand jury after the killing stirred outrage not only from the Guatemalan government, but also among people concerned about lax rules for law enforcement use of deadly force from the air.

In the October 2012 incident, Trooper Miguel Avila was aboard the Department of Public Safety (DPS) chopper as it participated in the pursuit of the pickup. DPS said Avila believed the truck, whose bed was covered with a cloth, was carrying drugs, and that he opened fire to disable it because the fleeing vehicle was headed toward a school zone. (The shooting took place on an unpaved rural road.)

The truck crashed after being fired upon. Police found no drugs, but instead found nine Guatemalan immigrants and a teenage driver. Six of the Guatemalans were in the bed of the pickup covered by a cloth. Two of them, Marco Antonio Castro and Jose Leonardo Coj Cumar, were fatally wounded by Avila's gunfire.

While the two men's killer escaped criminal charges, the killing did force DPS to revise its policies on the use of force from the sky. Since February, troopers have been prohibited from shooting from the sky unless they are facing deadly force.

"A firearms discharge from an aircraft is authorized only when an officer reasonably believes that the suspect has used or is about to use deadly force by use of a deadly weapon against the air crew, ground officers or innocent third parties," the revised policy says. Reckless or aggressive driving doesn't count as use of a deadly weapon, the policy states.

Edinburg, TX
United States

Chronicle Book Review: "Our Lost Border" and "The Fight to Save Juarez"

Our Lost Border: Essays on Life Amid the Narco-Violence, Sarah Cortez and Sergio Troncoso, eds. (2013, Arte Publico Press, 290 pp., $19.95 PB)

The Fight to Save Juarez: Life in the Heart of Mexico's Drug War, Ricardo Ainslie (2013, University of Texas Press, 282 pp., $25.00 HB)

More than six years after then President Felipe Calderon unleashed the Mexican military to wage war against the country's wealthy, powerful, and murderous drug trafficking organizations -- the so-called cartels -- Calderon is gone, but the unprecedented violence unleashed by his campaign continues largely unabated. The new administration of President Enrique Pena Nieto is claiming some successes, but lauding the fact that the killings are now going on a rate of only a thousand or so a month is more a sign of how far things still have to go than have far we have come.

While talking a good game about how his administration is going to pursue a different path from that of his predecessor, Pena Nieto has in fact largely maintained Calderon's policies. The military is still out in the field fighting cartel gunmen, the government still shouts out with pride whenever it captures a top capo (and it has captured three in the past six weeks), and Pena Nieto's plan for a national gendarmerie to replace the soldiers is busily vanishing before our eyes.

Rhetorical flourishes notwithstanding, it still looks much like the same old Mexican drug war, even if it isn't garnering the attention north of the border that it did last year. The reason for that lack of attention now may not be nefarious. Last year was a presidential election year in both countries. For the US electorate, that meant the border and the Mexican drug war was an issue; for the Mexicans, the drug war came to define Calderon's tenure. Now, the elections are over and attention (at least north of the border) has turned elsewhere.

But for the people who actually live on the border, the issue isn't going away. And even if the violence, the corruption, and the criminality miraculously vanished tomorrow, the scars -- physical and psychological -- remain. Too many people have died, too many communities have been devastated, too many decapitated heads have been left in too many places. Local economies have been devastated, long-time cross-border ties, familial and otherwise, disrupted.

At best, one can say that Rio Grande Valley Mexican border towns like Ciudad Juarez, Nuevo Laredo, Reynosa, and Matamoros have already been through the worst of the conflagration -- like a forest after a wild fire, most of the combustible fuel is gone. The scores have largely been settled on the Mexican side of the Rio Grande: The Sinaloa Cartel has severely weakened its rival Juarez Cartel, the Zetas have nearly eliminated the Gulf Cartel. While only a couple of years ago, Juarez and the other valley cities were ground zero for the Mexican drug war, the fire has moved on, to place like Michoacan, Durango, and Chihuaha City.(Although, after these recent captures of cartel leaders, things could flare up again as rival underlings scramble to replace them and rival cartels scramble to take advantage.)

In The Fight to Save Juarez, psychoanalyst and multi-media documentarian Ricardo Ainslie details life in El Paso's sister city during the worst of the cartel violence, relying on a quite impressive series of interviews with then Mayor Jose Reyes Ferriz, human rights workers, state and federal government officials, cartel gun molls, and ordinary citizens. Ainslie provides a smart, detailed, and fascinating look at a city devastated by anarchic violence and the winking complicity that accompanied it.

One of his most striking achievements is to narrate the outbreak of war between the Juarez Cartel and the encroaching Sinaloans, and to locate the opening of hostilities squarely in the ranks of the Juarez municipal police. Ainslie makes painfully clear how corrupted the department was, with a high proportion of its membership doing double duty as La Linea, the strong-armed enforcers and executioners for the Juarez Cartel. It was those guys who were targeted by the Sinaloa Cartel, first with exemplary executions, then with invitations to switch sides, then with more executions of those police who refused their offer. And the gang war was on.

Ainslie deftly navigates the intricacies of state (not so much, thanks to a corrupted Chihuahua governor), local, and federal efforts to do something about the savagery and about the police department. The bloodletting in Juarez, already festering in the national imagination, became Mexico's issue number one after the massacre of neighborhood youth at a party in Villas de Salvarcar by cartel gun men, and Ainslie was there as Calderon and his ministers were forced to come to Juarez and take the heat for the results of their policies.

Ainslie brings nuance and subtlety to his reporting, illuminating political rivalries and the interplay of different levels of government, as well as the human suffering and economic disruptions involved. The Fight to Save Juarez clears away much of the murkiness surrounding what went on in Juarez during those bloody years beginning in 2008, and places the struggle there in the context of a society where just about everyone is complicit in one way or another in the gravy train that is the Mexican drug trade.

What Ainslie does not do is question drug prohibition. For him, drug prohibition is simply a given, and the answers to Mexico's problems with prohibition-related violence and corruption must come from somewhere other than reevaluating the drug laws. That said, his reporting is still a valuable contribution to understanding the realities of Mexico's drug war.

Similarly, the essays in Our Lost Border generally do not question drug prohibition. What they do do, with uneven degrees of success, is bring life in a war zone home at a very personal level. Whether is it Richard Mora lamenting the loss of the Tijuana of his youth or Diego Osorno writing about the wholesale abandonment of a Rio Grande Valley town to warring cartel factions in "The Battle for Ciudad Mier," these Mexican and Mexican-American writers describe a cherished past vanquished by a bloody, horrifying present.

And Our Lost Border is bilingual, the essays appearing in both Spanish and English. That is appropriate and even symbolic; Mexico's drug war isn't just Mexico's. As Americans, we own it, too, and for border Mexican-Americans or even as Anglos with cross-border ties, this isn't about violence in a distant land, this is about the binational community, friends, and family.

Neither of these books even pretends to be an anti-prohibitionist manifesto. But that's okay. They both help us achieve a richer, deeper understanding of what is going on on the border in the name of the drug war. We can draw our own conclusions.

Chronicle Book Review: Smuggler Nation

Smuggler Nation: How Illicit Trade Made America, by Peter Andreas (2013, Oxford University Press, 454 pp., $29.95 HB)

Wow. With Smuggler Nation, Brown University political science professor Peter Andreas has hit the ball out of the park -- or over the border. This book should be required reading for not only for people interested in we got to our current mess in the war on drugs, but also for anyone interested in American history in general, and the twinned growth of illicit commerce and the ever-increasing policing resources designed to thwart it in particular.

What makes Smuggler Nation so essential for people primarily interested in drug policy is the manner in which it situates drug prohibition and efforts to suppress the drug trade within the larger historical context of state efforts to control -- or prohibit -- trade. The war on drugs (or at least its interdiction component) didn't drop on us out of the sky, but was built upon already existing national-level efforts to enforce proscriptions on free trade, dating back to Jefferson's abortive ban on US ships trading with any foreign nations, the more successful, but still long-lasting and highly contentious effort to ban the slave trade, and Prohibition-era border enforcement.

Andreas shows that, going back to colonial times, smuggling and illicit commerce played a crucial role in the creation and expansion of the American economy, and, indeed, in the anti-British sentiment that led the way to the American Revolution in the first place. Whether it was enriching Providence and Boston merchants in the triangular slave trade, stealing intellectual property from England at the start of the Industrial Age, selling American cattle to hungry British troops stationed in Canada during the War of 1812, allying with the smuggler-pirate Jean Lafitte in the Battle of New Orleans in that same war, selling contraband whiskey to Indians, smuggling guns into Mexico (in the 1840s, in addition to now) -- the list goes on and on -- smuggling and illicit commerce was, and continues to be, part and parcel of the American story.

Andreas also show that those efforts to control unsanctioned commerce led directly -- and continue to lead directly -- to ever larger, more expansive, more expensive, and  more unintended consequence-generating law enforcement efforts to suppress it. We saw it with the early growth of the US Navy to combat tax evading smugglers, and how those efforts rerouted, but did not defeat, illicit trade. We saw it with the expansion of drug war interdiction efforts in the 1980s, where blockading the Caribbean route for Colombian cocaine rerouted, but did not defeat, illicit trade, and helped provoke the metastasis of what had been largely low-key, local Mexican smuggling networks into the Frankenstein monster drug cartels of today.

We can see that at work today in the current debate over the immigration reform bill working its way through Congress. House Majority Leader Boehner thought he could sell the bill to his conservative caucus by agreeing to expansive provisions to "regain control of the border" or "secure the border" by spending billions of dollars and adding 20,000 more federal agents along the Mexican border. (Nevermind that even that's not likely to be enough to satisfy Boehner's caucus, some of whom might support the bill but others of which have charmingly compared Mexican immigrants to dogs and asserted that those DREAM Act kids are mostly drug mules.)

There were 3,000 border agents in the early 1990s, 7,000 by the late 1990s, and there are 20,000 right now. The immigration bill would double that number again. As Andreas, relying on the historical record, notes, that is unlikely to stop drug smuggling or people-smuggling (there are much deeper driving forces to such phenomenon than law enforcement), but merely to divert it or reroute it, to corrupt enforcers, and to inspire the smugglers to come up with new technologies to get around it and gain entrée into Fortress America.

Andreas also makes an important point about "the threat" of transnational organized crime. That's pretty much just a fancy way of saying smuggling, he asserts, and it is nothing new. As he shows throughout Smuggler Nation, trade in contraband has been part of global trade since, well, forever. And now, given the rapid expansion of global commerce in recent decades, it would be surprising if contraband trade isn't expanding, too. It is, he argues, but possibly at a slower rate than the expansion of licit global trade. All of the hulaballoo over "the menace" of illicit trade is overdone, he dares to suggest.

Andreas is an academic who specialized in the US-Mexico border in his early career, and his publisher, Oxford University Press, is an academic press, but his writing is quite accessible to the lay reader. Smuggler Nation is chock full of great lost stories from American history, stories that hold serious lessons for us today as we struggle against the behemoth that our prohibition industry has become. Smuggler Nation will help explain how we got here, and you'll learn plenty and have lots of fun along the way.  This book needs to be on your bookshelf, and well-worn at that.

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