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Chronicle AM: CA&MA Polls, Kratom Proponents Mobilize, Canada OKs Prescription Heroin; More... (9/14/16)

The polling is looking good in Massachusetts and better in California, there will be no initiative for Michigan this year, kratom proponents fight a proposed DEA ban, Canada gives the go-ahead for expanded heroin prescribing, and more.

The Canadian government has cleared the way for limited heroin prescribing for hard-core users. (Creative Commons)
Marijuana Policy

Marijuana Could Be a $50 Billion a Year Industry Within a Decade. A new report from financial analysts Cowen & Company says the legal weed industry could grow to a $50 billion a year business by 2026. The report notes that legalizing pot in California alone could triple the size of the industry, currently around $6 billion a year.

California: LA Times Poll Has Prop 64 at 58%. The Prop 64 legalization initiative is supported by 58% of voters, according to a new USC Dornsife/Los Angeles Times poll. Only 34% said they would vote against the measure, with 8% undecided. "It's very clear that Californians' attitudes have changed dramatically on this issue over the last several years," said Dan Schnur, director of the poll and of the Jesse M. Unruh Institute of Politics at USC. "The opposition is going to have to identify a fairly sizable source of campaign funding if this initiative is to be close," he added.

California: Eyewitness News/Southern California Newsgroup Poll Has Prop 64 at 52%. The Prop 64 legalization initiative has 52% in a new poll from Eyewitness News/Southern California Newsgroup. Some 40% said they would vote no, with 8% undecided.

Massachusetts Poll Has Legalization Initiative Up By Five Points. A new poll from WBUR TV has support for the Question 4 legalization initiative at 50%, with 45% opposed. "There's some big demographic splits, particularly along age lines," pollster Steve Koczela said. "Younger people are very much in favor of legalization, and it declines steadily as you move up the age brackets to where you get to voters who are 60-plus, and they're opposed to it by a 17-point margin."

Federal Judge Puts Final Nail in Coffin of Michigan Legalization Initiative. A federal court judge rejected a last chance effort by MI Legalize to get its legalization initiative on the November ballot. Judge Linda Parker Tuesday denied a motion from the group to stop the printing of election ballots, saying there was not enough time to stop the election process. MI Legalize gathered enough signatures to qualify for the ballot, but some of them came outside a 180-day mandated by state law. MI Legalize challenged rulings by state officials that knocked those signatures off the tally, but lost in the state courts -- and now, in federal court.

Kratom

Kratom Supporters Fight Proposed DEA Ban. Proponents of the Southeast Asian plant with mild opium-like qualities have mobilized to block the DEA proposed emergency move to place the substance on Schedule I of the Controlled Substances Act. Hundreds marched in front of the White House Tuesday and more than 120,000 have signed a Change.org petition opposing the ban, meaning the White House will have to publicly address the issue.

International

Canada Has Approved Prescription Heroin. The Canadian government last week quietly approved new regulations that will allow doctors to prescribe diacetylmorphine (heroin) to long-term users who have not responded to more conventional approaches to weaning them from the drug. The Crosstown clinic in Vancouver is currently the only place in the country with a heroin maintenance program, but that should now not be the case for long.

British MPs Call for Medical Marijuana. The All Party Parliamentary Group on Drug Policy Reform has called for medical marijuana to be legalized in the United Kingdom. The call comes on the heels of a report by neurologist Dr. Mike Barnes urging that marijuana be moved from Schedule I to Schedule IV on the British drugs classification scheme. "Many hundreds of thousands of people in the UK are already taking cannabis for primarily medical reasons," said MP Caroline Lucas, who co-chairs the group. "It is totally unacceptable that they should face the added stress of having to break the law to access their medicine."

Chronicle AM: MI Init Nixed, MedMJ Legal in OH, Cartels Shoot Down Mexican Chopper, More.. (9/8/16)

Alaska cannabis cafes are delayed again, Michigan legalizers strike out in court, Ohio becomes the latest medical marijuana state, and more.

Medical marijuana is now legal in Ohio, but a legal supply is still a couple of years down the road. (Creative Commons)
Marijuana Policy

Alaska Regulators Again Delay Decision on Cannabis Cafes. The state's Marijuana Control Board first issued draft rules for an "on-site consumption endorsement" for pot shops back in May, but month's later the rules haven't been finalized, and the board has now decided it will not even take up the issue again for another seven weeks. At least one board member, Brandon Emmett, accused the board of trying to avoid allowing consumption at cannabis cafes. "We can spin it however we want, but it's becoming quite apparent that there is an effort by this board to stamp out consumption anywhere other than one's home," Emmett said.

Michigan Supreme Court Nixes Legalization Initiative's Appeal. It's official: There will be no legalization initiative on the ballot in November. The state Supreme Court Wednesday denied an appeal over signature gathering rules from initiative sponsors MI Legalize. The group had sought to have signatures counted that were gathered outside a 180-day limit, but state courts, now including the highest court, have ruled against them.

Medical Marijuana

Medical Marijuana Now Legal in Ohio, But… As of today, medical marijuana is legal in the Buckeye State, but it could be years before it legally gets into the hands of patients. The state must first create a system to grow, distribute, and regulate medical marijuana. The state has 30 days to appoint a Marijuana Control Commission, which will then have 240 days to set up rules around the fledgling industry. And actually getting businesses up and running and crops in the ground will take even longer.

Heroin and Prescription Opioids

Ohio County Will Offer Immunity to People Turning in Heroin, Opioids. Hamilton County (Cincinnati) Prosecutor Joe Deters has asked for blanket immunity from prosecution for anyone turning in heroin or other deadly drugs, and Common Pleas Court Presiding Judge Robert Ruelman has agreed to the move. The move comes as the region grapples with high levels of heroin and opioid misuse.

Drug Testing

DC Private Schools Sue Over Random Drug Tests of Teachers. The Association of Independent Schools of Greater Washington has sued the District of Columbia for threatening to pull their licenses if they do not subject their teachers to "random and suspicionless" drug testing. Under a DC law, some employees in "safety sensitive" positions in "child development facilities" are required to undergo random drug tests. Some of the private schools in the association have "child development facility" licenses. Until 2013, elementary and secondary schools were exempt from the requirement, but that year, DC issued a memo requiring the schools to employ random drug testing. That's what the schools are suing over.

International

Mexican Police Helicopter Shot Down Over Michoacan Three police officers and the pilot were killed when suspected cartel members shot down their chopper near Apatzingan, Michoacan on Tuesday. The area has been a hotbed of cartel activity, as well as the scene of armed conflict between the cartels and (sometimes) government-supported vigilantes. This is the worst helicopter attack since May 2015, when gunmen in Jalisco brought down a military helicopter, killing ten soldiers.

Chronicle AM: At Least Four States Voting on MedMJ, Filipino Prez Could Face ICC, More... (8/25/16)

Michigan legalizers lose a court battle, Oklahoma medical marijuana advocates look to be heading for the ballot box, the 10th Circuit rules that having license plates from marijuana states is not sufficient reason for a stop and search, and more.

Medical marijuana will be on the ballot in at least four states. (Creative Commons/Wikimedia)
Marijuana Policy

Michigan Legalizers Lose Court Bid to Get on Ballot. The backers of the MI Legalize legalization initiative have struck out in court in their bid to get their measure on this year's ballot. The group had collected some 354,000 signatures, well above the 220,00 required, but more than 200,000 of the signatures were gathered outside a 180-day window that the State Board of Canvassers was the only time signatures could be considered. The campaign argued that the 180-day rule was unconstitutional and unfair, but the state Court of Claims ruled Wednesday that the Board of Canvassers was correct. The campaign says it will appeal to the state Supreme Court, but the election clock is ticking and time is running out.

Medical Marijuana

These Four States Will Definitely Be Voting on Medical Marijuana in November. Get a look at the details of and prospects for medical marijuana initiatives that have officially qualified for the November ballot in Arkansas, Florida, Montana, and North Dakota. There is also an Oklahoma initiative that may still qualify (see below), a second Arkansas initiative that may qualify, and a Montana anti-marijuana initiative that is appealing come up short on signatures.

Arkansas Prohibitionists Go to Court to Block Medical Marijuana Initiative. A group calling itself Arkansans Against Legalized Marijuana Wednesday asked the state Supreme Court to block the Arkansas Medical Cannabis Act from appearing on the November ballot. The measure has already qualified, but the group's lawsuit claims the wording of the proposal is misleading and omits key information.

Oklahoma Medical Marijuana Initiative Has Enough Signatures, But Is Not on the Ballot Yet. Secretary of State Chris Benge announced Tuesday that a medical marijuana initiative, State Question 788, has handed in 67,761 valid voter signatures. It only needs 65,987 to qualify for the November ballot, but there are still a couple more hurdles to overcome. The secretary of state's office must send a report on its findings to the state Supreme Court, which will then determine if the number of signatures is enough to put the initiative on the ballot.

Incarceration

Report Finds Women Increasingly Jailed for Drug Offenses. A new report from the Vera Institute for Justice finds that the arrest rate for drug possession for women tripled between 1980 and 2009 and that 29% of women in jails were there for drug offenses. Two-thirds of those women are black or Hispanic, and nearly 80% are mothers, largely single mothers. The report called for localities to adopt cite and release policies and/or decriminalizing drug possession.

Search and Seizure

Marijuana State License Plate is No Reason for Police Stops and Searches, Fed Court Rules. In a case involving a Colorado man pulled over in Kansas, the 10th US Circuit Court of Appeals has ruled that police violated his constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source." Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana. "It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

International

Philippines President Could Face International Tribunal Over Drug War Killings, Senator Says. President Rodrigo Duterte could be charged with crimes against humanity at the International Criminal Court (ICC) over the wave of killings of alleged drug users and sellers since he took office two months ago, according to Sen. Leila de Lima. "There are some experts who are saying that… if this spate of killings go unabated and unchecked, it could reach that point that the ICC could send a prosecutor to our country and investigate all these for possible prosecution under the Rome Statute," she was quoted saying. "This is not a joke. The last thing we need right now is for our dear president to be subjected to an investigation by an international tribunal like the International Criminal Court. I am not threatening the president. I am just stating a fact," she added.

License Plate from a Marijuana State? That's No Reason to Stop and Search, Fed Court Says

Drivers from pot-friendly West Coast states have long complained of "license plate profiling," claiming state troopers more interested in drug interdiction than traffic safety perch like vultures along the nation's east-west interstate highways pull them over on pretextual traffic stops -- going 71 in a 70 mph zone, failing to wait two full seconds after signaling before making a lane change, weaving within a lane -- because their plates make them suspected marijuana traffickers.

Since Colorado blossomed as a medical marijuana state around 2008 (and ever more so since it legalized weed in 2012), drivers bearing the state's license plates have been complaining of getting the same treatment. The practice is so common and well-known along the I-80 corridor in Nebraska that Omaha lawyers advertise about it.

Now, one Colorado driver has managed to get something done about it. Peter Vasquez sued a pair of Kansas Highway Patrol officers over a stop and search on I-70 that turned up no drugs and resulted in no arrest, and on Tuesday, a federal appeals court vindicated him.

On a 2-1 vote, the 10th US Circuit Court of Appeals in Denver ruled that the two troopers violated Vasquez's constitutional rights by stopping and searching him based primarily on the fact that he came from a state that was a "known drug source."

Cops can't do that, the court ruled bluntly. To allow such a practice would justify searching drivers from the 25 states that allow medical or fully legal marijuana.

"It is time to abandon the pretense that state citizenship is a permissible basis upon which to justify the detention and search of out-of-state motorists, and time to stop the practice of detention of motorists for nothing more than an out-of-state license plate," Circuit Judge Carlos Lucero wrote in the opinion. "Absent a demonstrated extraordinary circumstance, the continued use of state residency as a justification for the fact of or continuation of a stop is impermissible," he added.

And the troopers didn't really have much other basis for suspicion, the court noted. The troopers said their basis was that Vasquez was driving alone, at night, on a "drug corridor," from "a known drug source area," he had a blanket and a pillow in his car, the blanket might have obscured something, and he seemed nervous.

"Such conduct, taken together, is hardly suspicious, nor is it unusual," Lucero noted.

Vasquez was originally pulled over because the troopers "could not read Vasquez's temporary tag," and when that issue was dealt with, they issued him a warning ticket. What the law required, the court said, was that the troopers then end their contact with him and allow him to go on his way.

But instead, they asked him to submit to a search of his vehicle, and he declined. They then detained him for 15 minutes until a drug dog could be summoned -- another drug war tactic the US Supreme Court deemed unconstitutional in April. The drug dog found nothing, and Vasquez was then released.

The troopers may have been done with Vasquez, but he wasn't done with them or what he saw as their unlawful conduct. He filed a civil lawsuit against the two troopers, Richard Jimerson and Dax Lewis, for violating his 4th Amendment right against unreasonable searches and seizures.

The case had been thrown out in federal district court, but Tuesday's decision revives it. It also sets legal precedent for the entire 10th Circuit, meaning that cops in Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming can't pull you over and search you just because you have a pot-state license plate.

Kansas officials say they plan to appeal to the 10th Circuit's full bench, though, but for now, at least, it's the law.

Denver, CO
United States

Medical Marijuana Update

The federal courts remind the Justice Department that Congress passed a law barring it from using federal funds to go after state-legal medical marijuana operations, Maryland takes a step toward getting its industry up and running, California balks at a medical marijuana grower tax, and more.

National

On Tuesday, a federal appeals court blocked the Department of Justice from going after medical marijuana in states where it is legal. The 9th US Circuit Court of Appeals ruled that the Justice Department can't spend money to prosecute federal marijuana cases if the defendants are in compliance with state laws permitting medical marijuana production and sales. The ruling upholds the Farr-Rohrabacher amendment, passed by Congress in 2014, which prohibits the spending of appropriated funds to interfere in medical marijuana states. That amendment "prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws," the court said.

California

Last Friday, a medical marijuana tax bill died in committee. A bill that would have imposed a tax on commercial medical marijuana growers has been killed in the Senate Appropriations Committee. Assembly Bill 2243 would have imposed a tax of up to $9.25 per ounce of marijuana buds, $2.75 for pot leaves, and $1.25 for immature pot plants. The panel killed the bill after patient advocates said it would impose a burden on patients.

Maryland

On Tuesday, the state named medical marijuana growers and processors. The state Medical Cannabis Commission has awarded preliminary licenses to 20 companies to grow and process medical marijuana and has named the companies selected. The licenses were actually awarded on August 5, but the commission did not reveal the names of the licensees until Monday, so state officials could conduct background checks and review financial records.

New Mexico

On Wednesday, a patient's mom and a marijuana growers sued over the state's medical marijuana shortage. The mother of an infant suffering from a rare form of epilepsy has joined with a state-legal grower to sue the Department of Health over restrictive rules they say are harming patients by making it impossible for producers to supply patients with the medicine they need.

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

Chronicle AM: House Passes Opioid Bill Without $$, CA Drug Felonies Plummet, More... (7/11/16)

California felony drug arrests are down, Colombian coca production is up, the Arizona marijuana legalization initiative is trailing in a new poll, Congress moves toward final passage of the Comprehensive Addiction and Recovery Act, but there's a fight over funding, and more.

The House passes the Comprehensive Addiction and Recovery Act, but spurns efforts to pay for it. (wikimedia.org)
Marijuana Policy

Arizona Poll Has Legalization Initiative Trailing. A new poll from O.H. Predictive Insights has the legalization initiative sponsored by the Arizona Campaign to Regulate Marijuana Like Alcohol losing on election day. The poll found 52.5% opposed, with only 39% in favor. The initiative has not yet officially qualified for the ballot, but is expected to after supporters handed in 100,000 more signatures than needed, providing plenty of cushion for invalidated signatures. The campaign does have significant resources; it looks like it will need them to turn the numbers around.

Arizona Supreme Court Rules Mere Smell of Marijuana is Grounds for Search, Even Though It's a Medical Marijuana State. The state's high court ruled Monday that the mere smell of marijuana is sufficient grounds to obtain a search warrant, even though the state has legalized medical marijuana. But the court also held that the legal foundation for such a search can go up in smoke if police have evidence the suspected marijuana use or possession is legal under state law. The case is State v. Sisco.

North Dakota Legalization Initiative Campaign Comes Up Short. North Dakotans will not be voting on marijuana legalization this fall. Sponsors of the initiative conceded Monday they only had about 10,000 signatures, and they needed 13,452 valid signatures to qualify. Monday was the deadline for turning in signatures.

Medical Marijuana

Illinois Medical Marijuana Sales Continue Climbing. The state saw $2.57 million in medical marijuana sales in June, up from $2.3 million in May, according to figures from the state Department of Agriculture. Sales total $13.8 million since the first dispensaries started operating last November. The numbers should increase even further once two new qualifying conditions -- PTSD and terminal illness -- come on line. They've already been approved, but the Department of Health is in the midst of preparing new rules and application forms.

North Dakota Medical Marijuana Initiative Campaign Hands in Signatures. The North Dakotans for Compassionate Care campaign handed in some 15,500 raw signatures for its medical marijuana initiative Monday, the last day for handing them in. The campaign needs 13,452 valid voter signatures to qualify, so there is very little cushion for invalidated signatures. Stay tuned.

Heroin and Prescription Opioids

House Approves Comprehensive Addiction and Recovery Act, But Without Requested Funding. The House last Friday gave final approval to S. 524, the Comprehensive Addiction and Recovery Act (CARA), but beat back Democratic efforts to provide additional funding for it. The Obama administration had asked for $1.1 billion, and House Democrats tried in vain last week to $925 million in funding. The White House has suggested it may veto the bill if no extra funding is attached. House Republicans said funding was available elsewhere. The measure is a conference committee compromise, with the Senate set to give final approval this week.

Sentencing

California Drug Felony Arrests Plummet in Wake of Prop 47. What happens when you change drug felonies to misdemeanors? Drug felonies plummet. Felony drug arrests in California dropped between 68% and 73% between 2014 and 2015 according to new data from the California Attorney General. Marijuana felonies followed a similar curve, dropping from 13,300 in 2014 to 8,856 last year. On the other hand, misdemeanor drug arrests nearly doubled, from 92,469 in 2014 to 163,073 last year.

International

Poll Finds Majority of British MPs Favor Medical Marijuana. Some 58% of British MPs back the use of medical marijuana, according to the polling firm Populus. Only 27% were opposed. Support was strongest among Scottish National Party MPs (88%), followed by Labor (60%), and even 55% of Tories were on board.

Colombia Coca Boom Underway. The UN Office on Drugs and Crime reported last Thursday that coca cultivation had increased by 39% last year and nearly doubled since 2013. Some observers speculate that it reflects coca growers' belief that this could be the last chance to grow the cash crop before a peace deal between the government and the leftist guerrillas of the FARC takes hold. Colombia government officials said the largest increases in cultivation are in areas controlled by the FARC.

Chronicle AM: CA Will Vote on Legalization, Veterans' MedMJ Fight Not Over Yet, More... (6/29/16)

That nation's most populous state will vote on marijuana legalization in November, federal legislators keep fighting for medical marijuana access for veterans, a New Jersey needle exchange bill nears passage, the ACLU goes after the Border Patrol for abuses at interior check points, and more.

Marijuana Policy

It's Official -- California Will Vote on Marijuana Legalization in November. A broadly-backed initiative to legalize marijuana in the country's most populous state will be on the California ballot in November. The secretary of state's office made it official Tuesday afternoon, certifying that a random sample of more than 600,000 signatures turned in showed there were enough valid signatures to qualify the measure. "Today marks a fresh start for California, as we prepare to replace the costly, harmful and ineffective system of prohibition with a safe, legal and responsible adult-use marijuana system that gets it right and completely pays for itself," said Jason Kinney, spokesperson for the Adult Use of Marijuana Act (AUMA).

Medical Marijuana

Eleven Lawmakers Ask House and Senate Leadership to Restore Medical Marijuana Language in VA Bill. The move comes after language allowing VA docs to recommend medical marijuana passed both the House and Senate, only to be mysteriously dropped in conference committee. "We feel the failure of the Conferees to include either provision is a drastic misfortune for veterans and is contrary to the will of both chambers as demonstrated by the strong bipartisan support for these provisions," the supporters wrote to congressional leaders on Tuesday. Among the signatories were Rep. Earl Blumenauer (D-OR) and Sens. Steve Daines (R-MT) and Jeff Merkley (D-OR). Other signatories to the letter, all Democrats, include Sens. Kirsten Gillibrand of New York, Barbara Boxer of California, Cory Booker of New Jersey, Tammy Baldwin of Wisconsin, Ron Wyden of Oregon, and Reps. Jared Polis of Colorado, Dina Titus of Nevada and Ruben Gallego of Arizona.

Illinois Judge Orders State to ADD PTSD to Medical Marijuana List. A Cook County judge has ordered the state Department of Public Health to add post-traumatic stress disorder (PTSD) to the list of diseases eligible to be treated with medical marijuana. The sternly worded ruling also said the department's director, Niray Shah, an appointee of Republican Gov. Bruce Rauner, had engaged in a "constitutionally inappropriate private investigation" before deciding to rule against adding PTSD after the medical marijuana advisory board had recommended adding it. The court accused Shah of applying his own standard of medical evidence that "appears nowhere in the Act or the department's rules" and "was contrary to the plain language of the department's rules."

Los Angeles County Extends Ban on Medical Marijuana in Unincorporated Areas. County supervisors voted Tuesday to extend by a year a temporary ban on medical marijuana cultivation and distribution in unincorporated areas. The county enacted a 45-day ban earlier this year and then extended it by another month before now extending it for another year. County planning officials said the ban was needed as they study how to regulate medical marijuana, but advocates retorted that the supervisors should concentrate on actually regulating the industry, not on extending bans.

Harm Reduction

New Jersey Needle Exchange Bill Nears Passage. The Senate Monday gave final approval to a bill that would allow localities across the state to enact needle exchange programs. The Assembly is expected to approve changes in the Senate version of the bill Thursday. The measure, Assembly Bill 415, would then await the signature of Gov. Chris Christie (R) to become law. The state enacted a law allowing pilot needle exchange programs a decade ago.

Law Enforcement

ACLU Accuses Border Patrol of Wrongful Detentions, Seizures The ACLU of Arizona Tuesday filed a formal complaint with the Department of Homeland Security and its constituent agency, US Customs and Border Protection, demanding an investigation into "abuses arising from Border Patrol interior operations." "At the same time the Justice Department and the Obama administration are rightly urging local police to adopt 'best practices' -- ending racial profiling, collecting stop data, and curbing police militarization and asset forfeiture abuses -- we see the nation's largest law enforcement agency, CBP, rejecting those commonsense reforms," said James Lyall, a staff attorney with the ACLU. "The federal government is effectively saying, 'Do as I say, not as I do,' which leaves Border Patrol free to target citizens and non-citizens alike with these increasingly extreme and abusive practices."

Chronicle AM: Supremes Open Door to More Lawless Searches, CA Dems Endorse AUMA, More... (6/20/16)

The Supreme Court hands down a pair of rulings supporting law enforcement powers, the California and Arizona marijuana legalization efforts gain powerful endorsements, the feds give up on trying to bust Fedex for shipping prescription pills, and more.

Marijuana Policy

Arizona Congressman Endorses Legalization Initiative. US Congressman Ruben Gallegos (D-Phoenix) announced Monday that he is endorsing the legalization initiative from the Arizona Campaign to Regulate Marijuana Like Alcohol. "Forcing sales of this plant into the underground market has resulted in billions of dollars flowing into the hands of drug cartels and other criminals," Rep. Gallegos said. "We will be far better off if we shift the production and sale of marijuana to taxpaying Arizona businesses subject to strict regulations. It will also allow the state to direct law enforcement resources toward reducing violence and other more serious crimes."

California Democratic Party Endorses Legalization Initiative. Meeting in Long Beach over the weekend, the executive committee of the state Democratic Party voted to endorse the Adult Use of Marijuana Act (AUMA). The initiative would legalize the possession of up to an ounce of weed, allow limited personal cultivation, and allow regulated commercial cultivation and sales.

Colorado Health Department Reports No Increase in Youth Use. Marijuana use among high school students in the state has not increased since legalization, the Health Department reported Monday. The report was based on a statewide student survey. It found that 21% of students had reported using marijuana, in line with earlier figures from the state and below the national average of nearly 22%.

Medical Marijuana

Congressional Pot Fans, Foes Work Together on New Research Bill. Legalization opponent Rep. Andy Harris (R-MD) is joining forces with Congress's "top legal pot advocate," Rep. Earl Blumenauer (D-OR) to file a bill to overhaul federal policies on marijuana research. The bill would make it easier for scientists to conduct research on the medical use of marijuana. It hasn't been filed yet, but is expected this week.

Arkansas Initiative Campaign Hands in Signatures. Supporters of the Arkansans for Compassionate Care medical marijuana initiative handed in more than 110,000 raw signatures to state officials in Little Rock Monday. The initiative only needs some 67,000 valid voter signatures to qualify for the November ballot. If as many as 30% of the signatures are found invalid, organizers would still have enough signatures to qualify.

Asset Forfeiture

Oklahoma Governor Delays Using Card Readers to Seize Money. In the wake of a furious outcry over the Highway Patrol's recent use of ERAD card-reading devices to seize money from debit and credit cards, Gov. Mary Fallin (R) last Friday directed the secretary of safety and secure to delay using the the card-readers until the state can develop a clear policy for their use.

Law Enforcement

Supreme Court Opens Door to More Lawless Police Searches. In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the weight of the federal criminal justice system to come down on small-time criminals whose cases would normally be the purview of local authorities on the other. Taken together, the decisions show a high court that once again give great deference to the demands of law enforcement.

Feds Drop Drug Trafficking Case Against Fedex. Federal prosecutors in San Francisco last Friday suddenly moved to drop all criminal charges against the delivery service, which they had accused of knowingly delivering illegal prescription drugs. In court, presiding Judge Charley Breyer said the company was "factually innocent" and that the DEA had failed to provide it with the names of customers who were shipping illegal drugs. "The dismissal is an act, in the court's view, entirely consistent with the government's overarching obligation to seek justice even at the expense of some embarrassment," Breyr said, according to a transcript of the hearing.

Supreme Court Opens Door for More Lawless Police Searches [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.

The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the weight of the federal criminal justice system to come down on small-time criminals whose cases would normally be the purview of local authorities on the other. Taken together, the decisions show a high court that once again give great deference to the demands of law enforcement.

In the first case, Utah v. Strieff, the Supreme Court held that evidence obtained from the illegal stop of Strieff should not be thrown out under the exclusionary rule, which requires that illegally seized be suppressed as "fruit of the poisonous tree." The exclusionary rule, which dates back to 1920 and values the rule of law even at the expense of seeing a guilty suspect go free, has long been a bane of judicial conservatives, who have been trying to chip away at it since at least the 1980s.

In Strieff, a Salt Lake City police officer investigating possible drug activity at a residence stopped Strieff without "reasonable cause" after he exited the home. During his encounter with Strieff, the police officer found that he was wanted on a traffic warrant, arrested him, then searched him subsequent to arrest. The police officer found methamphetamine and drug paraphernalia, then charged him with drug and paraphernalia possession.

Strieff argued to suppress the evidence, arguing that it was derived from an unlawful investigatory stop. He lost at the trial and appeals court levels, but the Utah Supreme Court overturned his conviction, holding that an exception to the exclusionary rule known as the "attenuation doctrine" did not apply. The US Supreme Court disagreed.

The attenuation doctrine holds that unlawfully obtained evidence may be used even if "the fruit of the search is tainted by the initial, unlawful detention…if the taint is dissipated by an intervening circumstance," as the Utah Supreme Court described it. In other words, if police acting in good faith violate the law and don't do it flagrantly, they should be able to use any evidence found as a result of that violation in court.

The Supreme Court divided 5-3 on the case, with Chief Justice Roberts joining justices Alito, Breyer, and Kennedy joined Justice Clarence Thomas in his majority opinion. Thomas held that the police misconduct was not bad enough to warrant suppression of the evidence and, besides, police probably aren't going to abuse their powers to do mass searches.

"[The officer's] purpose was not to conduct a suspicionless fishing expedition but was to gather information about activity inside a house whose occupants were legitimately suspected of dealing drugs," Thomas wrote. "Strieff conflates the standard for an illegal stop with the standard for flagrancy, which requires more than the mere absence of proper cause. Second, it is unlikely that the prevalence of outstanding warrants will lead to dragnet searches by police."

Even if someone is unlawfully detained, evidence obtained from them can be used in court, the high court ruled. (wikimedia.org)
The Supreme Court's liberal minority was not nearly as sanguine. Justice Sonia Sotomayor, with Justice Ginsberg concurring, cut right to the heart of the matter:

"The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer's violation of your Fourth Amendment rights," she wrote in her dissent. "Do not be soothed by the opinion's technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants -- even if you are doing nothing wrong. If the officer discovers a warrant for a fine you forgot to pay, courts will now excuse his illegal stop and will admit into evidence anything he happens to find by searching you after arresting you on the warrant. Because the Fourth Amendment should prohibit, not permit, such misconduct, I dissent."

In the second case, Taylor v. United States, the high court upheld the ability of federal prosecutors to use federal law to prosecute people who rob drug dealers, even if the dealers are dealing only in locally-grown marijuana with no evidence of interstate sales. That 7-1 decision is in just the latest in a long line of cases upholding the ability of the federal government to regulate interstate commerce under the Constitution's "commerce clause" and to protect it from robbery or extortion under the 1951 Hobbs Act.

It was the "commerce clause" line of cases that led to the 2005 Gonzales v. Raich decision in which the Supreme Court upheld the ability of the federal government to move against marijuana cultivation and sales even in states where it is legal. In that case, the high court ruled that California medical marijuana patient Angel Raich's cultivation of marijuana plants at her home in California for her use in California implicated interstate commerce and was therefore liable to federal jurisdiction.

Even marijuana grown and sold locally implicates the Constitution's commerce clause, the court has ruled. (flickr.com)
In Taylor, Taylor was part of a Virginia gang known as the "Southwest Goonz" who targeted and robbed marijuana growers and dealers. He was charged under the Hobbs Act with two counts of "affecting commerce or attempting to do so through robbery." In his first trial, which resulted in a hung jury, Taylor offered evidence that the dealers targeted only trafficked in locally-grown marijuana. In his second trial, prosecutors convinced the court to exclude that evidence, and Taylor was convicted on both counts. The 4th US Circuit Court of Appeals affirmed that conviction, "holding that, given the aggregate effect of drug dealing on interstate commerce, the Government needed only to prove that Taylor robbed or attempted to rob a drug dealer of drugs or drug proceeds to satisfy the commerce element."

In an opinion authored by Justice Alito, the Supreme Court agreed.

"[T]he Government met its burden by introducing evidence that Taylor's gang intentionally targeted drug dealers to obtain drugs and drug proceeds," he wrote. "That evidence included information that the gang members targeted the victims because of their drug dealing activities, as well as explicit statements made during the course of the robberies that revealed their belief that drugs and money were present. Such proof is sufficient to meet the Hobbs Act's commerce element."

Only Justice Thomas dissented, arguing that the whole line of "commerce clause" cases granted too much power to the federal government.

"The Hobbs Act makes it a federal crime to commit a robbery that 'affects' 'commerce over which the United States has jurisdiction," Thomas wrote. "Under the Court's decision today, the Government can obtain a Hobbs Act conviction without proving that the defendant's robbery in fact affected interstate commerce -- or any commerce. The Court's holding creates serious constitutional problems and extends our already expansive, flawed commerce-power precedents. I would construe the Hobbs Act in accordance with constitutional limits and hold that the Act punishes a robbery only when the Government proves that the robbery itself affected interstate commerce."

Two cases, two distinct lines of legal precedent, one outcome: Drug cases continue to provide a basis for the expansion of state law enforcement power.

Washington, DC
United States

Video Killed the Drug Conviction: Chicago Narcs Busted Lying Through Their Teeth [FEATURE]

Part 10 of an occasional series on police and prosecutorial misconduct by Clarence Walker, cwalkerinvestigate@gmail.com.

It was just another marijuana bust by Chicago's crack dope squad and should have resulted in an easy conviction, but thanks to a forgotten camera, things didn't exactly work out the way the cops planned. Now, the pot dealer is free, he has a bunch of cash in pocket, and it's the cops who are facing justice.

It went down on June 6, 2013, when three Chicago Police narcotics officer and a pair of suburban Glenview police officers pulled over Joseph Sperling on the pretext that he had failed to properly use his turn signal, then claimed Sperling told them there were drugs in his vehicle. The cops said they found marijuana in plain view and arrested Sperling on marijuana possession and distribution charges. Business as usual, so far.

But when it came time to go to court the following March, things went south for the cops. Prosecutors had been questioning Chicago PD narcotics officer William Pruente, who said in sworn testimony that when police pulled over Sperling they immediately smelled marijuana and ordered him to exit the vehicle and stand at the rear of the car.

Then, defense attorney Steven Goldman asked the veteran narc if Sperling was handcuffed after he got out of the car.

"No, he was not handcuffed," Pruente replied. "He was not under arrest at that time."

Chicago narcotic officers Sergeant James Padar and Vince Morgan and Glenview Police officers James Horn and Sergeant Theresa Urbanowski backed up Pruente's story.

Then, as Urbanowski was testifying, defense attorney Goldman dropped a bombshell. He interrupted the testimony to inform Judge Catherine Haberkorn that he needed to offer a videotape into evidence.

In a moment of courtroom drama like something out of "Law and Order," Goldman revealed that the video came from Urbanowski's police cruiser and that it flatly contradicted the sworn testimony of the police officers. The police had been lying to the court and to the judge and the video would prove it, Goldman said.

As Goldman patiently took Urbanowski back over the events she'd testified about, he played the recording and asked her to describe the difference between her original testimony and what was happening on the tape.

The footage contradicted the testimony of the police officers. Pruente had testified that Sperling had not been arrested or handcuffed until the cops had found the dope in plain view, but the video showed Pruente walking up to Sperling's car, reaching in the open window, unlocking the door, pulling Sperling out, handcuffing him, and placing him in the back seat of a patrol car. Only then did the officers move to search the car.

The video clearly showed the officers spending minutes thoroughly searching Sperling's car before finding weed and a small amount of psychedelic mushrooms in a black duffel bag.

As defense attorney Goldman noted during questioning, if the drugs had really been in plain view on the front seat of the vehicle, the officers had no need or reason to search it because they already had the drugs.

The brazen distance between the officers' testimony and what the video revealed infuriated Judge Haberkorn, who immediately granted Goldman's motion to suppress the evidence because the video showed police had neither probable cause to arrest Sperling nor a warrant to search his vehicle.

"This is very outrageous conduct," Haberkorn said from the bench. "All the officers lied on the stand today. All their testimony is a lie. There is strong evidence it was a conspiracy to lie in this case, for everyone to come up with the same lie."

Haberkorn then dismissed the criminal charges against Sperling.

"If this could happen to me, it could happen to anyone," said Sperling, then 23, during a press conference with reporters after the release of his videotaped arrest. "I just happen to be one of the lucky few that had a video that proved the officers were wrong."

The Cook County criminal justice system may have been done with Sperling, but he wasn't done with it. Shortly after the charges were dismissed, he filed a federal civil rights lawsuit alleging illegal search and seizure against the Chicago and Glenview police departments. And he won. The two cities involved settled the suit, paying Sperling $195,000 for his troubles.

Others who have been similarly victimized could do the same. Under the US Code Section 1983, citizens are allowed to sue police in federal court as a result of an illegal search and arrest if the officer acted with malice "under color of law."

In Sperling's case, attorney John Loevy argued in the lawsuit that there was insufficient legal justification for officers to stop and arrest Sperling and search his vehicle, which was done without probable cause. Those illegal actions violated Sperling's civil rights under the Fourth, Fifth, and Fourteenth amendments, as prescribed under Section 18 US Code 242. The argument was strong enough to force the cities to settle.

Cook County State's Attorney Anita Alvarez (twitter.com)
Former Houston Police homicide and narcotic gang investigator Rick Moreno told Drug War Chronicle the officers lied to protect an informant when they could simply have gone by the book and done their bust right.

"Once those officers had all the information about this guy having dope in his car they needed a warrant," Moreno explained.

But the narcs plotted a scheme disguised as a routine traffic stop to avoid having to obtain one.

"What they've done in this case was a 'wall off' technique." Moreno said, referring to a strategy most narcotic officers use to put a wall between the officer and the information provided by a snitch. And if everything goes as planned, the officer gets the dope without a warrant, they got the dope dealer and the snitch is protected."

"The biggest casualty in the war on drugs is the truth," said Chicago civil attorney Jon Loevy, who represented Sperling in his civil rights lawsuit.

"The ends justify the means," said criminal defense attorney Goldman, explaining the attitudes that drove the cops to lie on the stand. "So because they get the bad guy off the street or the drugs out of their hands, everybody's happy."

Well, not everybody, not when the lies are so blatant they cannot be ignored. The Cook County criminal justice system wasn't done with the cops caught lying on the witness stand. Sgt. Urbanowski's camera had caught them red-handed, and four of them were indicted by a Cook County grand jury on perjury, obstruction of justice, and official misconduct charges in June 2015. They all face up to five years in prison on each count. The three Chicago police officers were immediately suspended, and the Glenview police officer was later fired. Their trials got underway this week.

"The foundation of our criminal justice system rests on the concept of truthful testimony," said Cook County States' Attorney Anita Alvarez in a press statement announcing the indictments. "We expect it from our witnesses and we demand it from our police officers."

The criminal charges filed against the officers made headlines across the state and constituted another black mark against the much criticized Chicago Police Department. But the buzz around the courthouse was not just over the charges, but whether they would lead to the dismissal of other drug cases in which the charged cops were involved.

Calls to the Cook County prosecutor's office regarding whether the four indicted officers would be investigated for perjury or illegal tactics in previous drug cases have not been returned.

While Sperling won $195,000 in damages from his illegal search and seizure lawsuit, legal experts say such victories are rare. Defendants usually don't pursue such suits due to lack of funds, and if a case involving a bad search is dismissed, most defendants are just relieved the case is over and they no longer face charges, said Penn State University law professor David Rudovsky, a leading civil rights and criminal defense attorney and author of The Law of Arrest, Search, and Seizure.

Penn State law professor David Rudovsky (law.penn.edu)
Rudovsky told Drug War Chronicle there is also another reason such lawsuits are rare.

"Why would a jury award money for damages to a criminal already proven to have committed a crime?" he asked rhetorically.

Police perjury is nothing new -- the practice has even generated its own nickname, "testilying" -- but the Sperling case has renewed debate over why law enforcers resort to breaking the law.

"Police perjury in court to justify illegal dope searches is commonplace," wrote former San Francisco police commissioner Peter Keane in a much-cited article on the topic.

"I've heard some police officers say in a social setting, 'If [the defendant] is going to lie to beat the case, why can't I lie too?" Cook County Public Defender, and former prosecutor Abishi Cunningham Jr. related.

"When police lie to make a case on someone they are saying the criminal justice system doesn't work... so I'm going to do it my way," Houston civil and criminal attorney Annie Briscoe told the Chronicle.

Briscoe recalled a drug case involving police illegal search where police recovered a sizeable amount of drugs from a client of hers. Houston police claimed he resembled a fugitive they were looking for. With her client facing up to life in prison, Briscoe convinced the trial judge to throw out the charge because of illegal search and seizure through the simple expedient of showing the judge a photo of the fugitive, who looked nothing like her client.

While the judge called Briscoe's client "one lucky guy," Briscoe had a slightly different take.

"The law should be enforceable by way of truth," she said.

Police are also incentivized by the war on drugs to cut corners so they can reap monetary rewards, whether through asset forfeiture or by earning federal anti-drug grants through aggressive enforcement actions. And each bust makes their numbers look better.

As NYPD Officer Adil Polanco once revealed through a surfeit of honesty, "Our primary job is not to assist anybody, our primary job is to get those numbers and come back with them. You have to write somebody, arrest somebody, even if the crime is not committed, the number is there."

Yes, there are numerous reasons cops lie. But none of them justify the lying, or the corrosive effect such behavior has on public trust and respect for law enforcement. These Chicago police officers are about to find out just how seriously the system takes such dishonesty, especially when it is so blatant the system can't pretend it doesn't see it.

Chicago, IL
United States

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