Court Rulings

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Chronicle AM -- August 13, 2014

A key California sentencing reform bill gets a final Assembly vote tomorrow, the Oregon legalization initiative gets some organized oppositions, Delaware gets a step closer to its first dispensary, Marc Emery gets to go home, and more.

Canadian "Prince of Pot" Marc Emery is reunited with wife Jodie after spending five years in US prison. (wikipedia.org)
Marijuana Policy

Oregon Legalization Initiative Gets Organized Opposition. The Oregon District Attorneys Association and the Oregon State Sheriff's Association are gearing up to do combat against Measure 91, the state legalization initiative. The two groups say they are deciding right now how much money to spend trying to defeat the initiative, which has already raised more than a million dollars.

Federal Judge Throws Out Case Challenging Washington's Authority to Tax Marijuana. US District Judge Marsha Pechman has dismissed the lawsuit, ruling that the federal courts lacked jurisdiction. Dispensary operator Martin Nickerson, who was being prosecuted on federal marijuana charges filed the suit, arguing that he couldn't pay the state tax without incriminating himself. His attorney, Douglas Hiatt, said he will refile the lawsuit in state court.

Wichita City Council Votes Against Putting Decriminalization on November Ballot, But Maybe in April. After a decriminalization initiative signature drive came up short, the city council declined last night to put the measure on the November ballot, but said it would work with organizers to put it on ballot next April.

Medical Marijuana

Delaware Officials Sign Contract for First Dispensary in the First State. Finally, a dispensary is coming to Delaware. Officials have signed a two-year contract with First State Compassion Center. A growing operation for it will begin this fall, and sales should commence sometime early next year. Delaware passed a medical marijuana law in 2011, but Gov. Jack Markell (D) balked at allowing dispensaries, fearing federal intervention. Last year, he decided to move forward with one dispensary, instead of the three called for in the state law.

Oklahoma Governor Says She Supports Limited CBD Cannabis Oil Access. Gov. Mary Fallin (R) today asked lawmakers to support the legalization of high-CBD cannabis oil, but only for limited trials. She says CBD could be "potentially life-saving" for some children.

Harm Reduction

With New Law in Effect, Minnesota Cops Start Carrying Overdose Reversal Drug. Sheriff's deputies in Hennepin County (Minneapolis) have become the first in the state to start carrying the overdose reversal drug naloxone after a new law went into effect August 1. The law also contains a 911 Good Samaritan provision providing limited immunity for people who seek medical assistance for those suffering drug overdoses. Last year, 56 people died of heroin overdoses in the county and another 29 died in the first six months of this year.

Sentencing

California Fair Sentencing Act Gets Assembly Floor Vote Tomorrow. The bill, Senate Bill 1010, would eliminate the sentencing disparity between crack and powder cocaine. It has already passed the state Senate. Click here to contact state legislators; click the title link for more bill information.

International

Marc Emery is Now Back Home in Canada. Canadian "Prince of Pot" Marc Emery is now back home in Canada after serving nearly five years in US federal prison for selling marijuana seeds. He landed in Windsor, Ontario, right around 4:20pm yesterday after leaving a private US deportation detention facility where he had been held after being released from US prison last month. He has vowed to wreak political vengeance on the Conservatives, who allowed him to be extradited to the US.

Algeria Has Seized More Than 95 Tons of Moroccan Hash so Far This Year. That's up over the same period last year by about 25 tons. Morocco is the world's largest hash producer, with most of its product headed for European markets.

Will Supreme Court Cell Phone Search Ruling Apply Retroactively? [FEATURE]

special to the Chronicle by investigative reporter Clarence Walker, cwalkerinvestigate@gmail.com

On June 25, the US Supreme Court handed down a resounding landmark ruling in two separate high profile criminal cases, requiring police to first get a warrant to search a person's cell phone. The ruling is a major victory for the privacy rights of millions of cell phone users, with the Supreme Court working to update Fourth Amendment search and seizure law to keep pace with technological advances.

According to a January Pew survey, 90% of American adults have cell phones and 58% have smart phones.

Cell phones are "such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy," Chief Justice John Roberts wrote in his opinion. "Cell phones and smart phones with extensive memory can store millions of pages of personal texts, hundreds of photos and videos, which can form a revealing biography of a person's life, and that the Fourth Amendment must protect personal, private possessions. A cell phone search would typically expose to the government far more than the exhaustive search of a house."

In its unanimous decision, the court rejected the Obama administration's argument that "cell phones are no different from anything else a person may be carrying when arrested, and that cell phones are now critical to tools in the commission of a crime."

The decision came in two separate cases, US v. David Riley, a California man serving 15 years on charges of attempted murder and a gun charge, and US v. Brima Wurie, a Boston area man sentenced to federal pen for 22 1/2 years on drug related charges. The court consolidated the two cases in reaching its opinion.

The question now becomes whether the decision will be applied retroactively to thousands of similar prosecutions where defendants were convicted as result of warrantless evidence used against them that were taken from their cell phones or mobile devices. If retroactivity is granted, thousands of inmates could either go free, be granted a new trial, or face resentencing.

Attorney Orrin Kerr (gwu.edu)
Writing a commentary in the Washington Post, lawyer Orin Kerr, who serves as a professor at George Washington Law School, explained why the decision in the Wurie and Riley cases may not be made retroactive.

"The culprit is the continued expansion of the good faith exception in Davis v. US, where the Supreme Court ruled that the exclusionary rule is not available if a search was authorized by binding appellant precedent at the time the search occurred," he argued. "Lower courts have interpreted Davis to apply broadly even when no binding appellate precedent authorized the search. Therefore, under these cases, relatively few defendants will get the benefits of the Riley-Wurie rule."

In an interview with the Chronicle, San Diego appellate attorney Charles Sevilla largely agreed.

"The court seldom states whether its rulings are retroactive," he told the Chronicle. "And even if the reversals in Wurie's and Riley's cell phone convictions were applied retroactively to cases not yet final on appeal, the defendants must face a 'good faith' argument to request a new trial. A 'good faith' argument can be made, for example, when a police officer, relying on a warrant, finds incriminating evidence during a search, but the search warrant is later found to be invalid. The 'good faith' doctrine allows the use of that evidence if it were unlawfully obtained because the officer was acting in 'good faith,'" he explained.

"Evidence should be suppressed only if it can be said that the law enforcement officer had knowledge a search was unconstitutional under the Fourth Amendment," Sevilla added, citing Herring v. US. "If the police, during prior cell phone searches, acted on case law allowing warrantless searches, then an officer's 'good faith' conduct will doom a suppression motion," Seville argued.

Of course, police usually deny knowingly conducting unlawful searches.

Sevilla also cited Davis v. US as another obstacle to retroactivity in cell phone search cases. In that case, Illinois police arrested Willie Gene Davis for providing a false name, then searched his car and found an illegal weapon. An appeals court refused to throw out the warrantless search of Davis's car because the police only searched the immediate area.

Meanwhile Brima Wurie is scheduled to be resentenced on the drug charge that took his case to the Supreme Court. Because of the court's ruling in his case, the drugs and weapon found in his home after police searched Wurie's cell phone will not be considered, but he's still facing serious time.

"As a repeat offender, Mr. Wurie will still face 20 years from the feds on the original drug case," Wurie's appellate public defender, Ian Gold, told the Chronicle. "So the reversal of Wurie's conviction is largely symbolic without much benefit."

The Supreme Court minced no words in separating such devices from other property a person might have on them when detained by police.

"Modern cell phones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse," Chief Justice Roberts wrote. "The Fourth Amendment protects against unreasonable search and seizure."

The ruling will certainly apply to searches of tablets, laptop computers, and may even apply to digital information held by third parties like phone companies.

"The fact that technology now allows an individual to carry such information in his hands does not make the information any less worthy of the protection for which the Founders fought," Roberts wrote. "Our answers to the question of what police must do before searching a (cell phone seized incident to an arrest) is accordingly simple -- get a warrant."

"I believe the court got it right," said Lewis Rice, a retired DEA Special Agent in Charge of the agency's New York Office. "The court must balance our right of privacy against law enforcement's ability to aggressively investigate criminal organizations."

Attorney Charles Sevilla (charlessevilla.com)
Rice points out the vital fact that although law enforcement generally needs a warrant, the Supreme Court ruling does allow a warrantless search of a mobile device depending on the immediate situation.

"The court left open the option for law enforcement, under exigent circumstances, to search a cell phone without a warrant," he told the Chronicle.

Still, the decision in Wurie and Riley is already having an impact.

In Michigan, Kent County Circuit Court Judge Mark Trusock tossed felony drug charges against 29-year-old Matthew Macnaughton on July 16 after Macnaughton's attorney successfully brought up the Wurie and Riley decision.

Grand Rapids police had stopped Macnaughton for running a red light, and the officer decided to arrest him for driving without a license. While Macnaughton sat in the rear seat of the patrol car, the officer examined Macnaughton's smart phone just when a text message from a person came across the screen asking to buy drugs.

"What kind of phone is this?" the cop asked. "You must be a drug dealer."

Macnaughton's attorney, Chris Wirth, argued that per the Supreme Court decision, digital contents of a cell phone cannot be searched in the course of a routine arrest, and that there were no circumstances requiring immediate action. Prosecutor argued that Macnaughton's case didn't apply to the Wurie-Riley decision because Macnaughton's arrest ocurred in February -- prior to the high court handing down the cell phone decision -- but that didn't stop Judge Trusock from tossing the case.

Still, while Macnaughton may have beaten the drug rap, the state still got its pound of flesh. The prosecutor's office seized his 2005 Lincoln Aviator and over $3,000 dollars the police took off him during the arrest.

The DEA appears resigned to live with the Supreme Court ruling, a Justice Department spokeswoman's remarks seem to indicate.

"The Department will work with its law enforcement agencies to ensure full compliance with this Supreme Court decision," spokeswoman Ellen Canales told the Chronicle. "We will make use of whatever technology is available to preserve evidence on cell phones while seeking a warrant, and we will assist our agents in determining when exigent circumstances or another applicable exception to the warrant requirement will permit them to search the phone immediately without a warrant."

But while the DEA is looking forward, defendants and defense attorneys are looking back -- and wondering whether they decision won't bring some relief.

Chief Justice John Roberts (supremecourt.gov)
State and federal courts expect to review tons of motions for new trials from numerous lawyers representing defendants already convicted on crimes related to warrantless cell phone evidence, now that the Supreme Court has ruled the practice violates search and seizure law.

"There probably will be a good deal of litigation over whether this decision can be applied retroactively," San Francisco attorney Dennis Riordan told the Los Angeles Times.

Privacy advocates and civil libertarians are also hoping the Supreme Court ruling in Wurie and Riley will have a role in deciding controversial cases making their way through the lower courts, whether it's cell phone location data tracking or the Obama administration's NSA spy surveillance program.

"When it comes to the Fourth Amendment, we want courts to ensure this important legal protection survives the rapid technological changes of the 21st Century," Hanni Fakoury, a staff attorney for the Electronic Frontier Foundation told the Chronicle.

The cell phone rulings in the Wurie and Riley cases are only the latest landmark decisions to strike a balance between privacy protections and the evolving role. In Kyllo v. US, the high court ruled that police must obtain a warrant before using thermal imaging devices on homes, while in US v. Jones, the high court overturned the life-without-parole drug conspiracy conviction against Antoine Jones, in which FBI agents and Maryland narcotics officers placed a GPS tracking device on his vehicle for nearly a month without obtaining a search warrant.

Still, while Jones won the case, he didn't win his freedom. After three federal prosecution, including two hung juries and one with the conviction overturned, Jones chose to agree to a plea deal with federal prosecutors rather than face another chance at life in prison with yet another trial.

In a letter from prison, where he is working on a book about his experiences, Jones had something to say about the cell phone decisions.

"The courts are constantly sending a message to police that they're not willing to give them that much power and control. This is a good thing because the police need to be governed by the courts, and the courts should maintain the power to determine when a search warrant is necessary," he wrote. "The police are being either lazy, or they try to circumvent the law when courts rules in favor of protecting constitutional rights."

It is ironic indeed that, as the US government grapples with the NSA and Edward Snowden spying scandals, it took the case of two convicted felons to get the Supreme Court to protect the privacy of millions of Americans who use cell phones containing reams of data about their private lives. The irony is only deepened when we consider that Brima Wurie and David Riley won't benefit much from this historic ruling.

Washington, DC
United States

Medical Marijuana Update

Medical marijuana takes another step toward self-regulation, patients and supporters rally for a fired Arizona medical marijuana researcher, Illinois expands its medical marijuana program, and more. Let's get to it:

National

On Wednesday, a national herbal medicine industry group issued guidelines for medical marijuana manufacturers. The American Herbal Products Association (AHPA) released medical marijuana manufacturing guidelines, completing its compendium of industry standards. The guidelines complement those set by American Herbal Pharmacopoeia (AHP) for the plant's identity, purity, quality and botanical properties.

Arizona

On Monday, a state court judge ruled that patients can sell to other cardholders. A Pima County Superior Court judge has thrown out charges against a medical marijuana patient who offered plants for sale to other cardholders for a $25 "donation," holding that the state's medical marijuana law is vague and can be interpreted as allowing for such activities. So far the ruling only applies to the case at hand, but local prosecutors have vowed to appeal, and a higher court ruling (favorable or otherwise) would set precedent statewide.

On Tuesday, veterans gathered at the University of Arizona to demand reinstatement of a medical marijuana researcher. The veterans gathered at the UA College of Medicine in Phoenix to protest the firing and demand the reinstatement of Dr. Sue Sisley, who was set to do FDA-approved research into medical marijuana for veterans with PTSD before she was fired. Sisley accuses political opponents of medical marijuana of being responsible for her termination.

On Wednesday, the campaign to reinstate medical marijuana researcher Dr. Sue Sisley picked up steam. Veterans rallied yesterday at the University of Arizona College of Medicine in Phoenix in support of the medical marijuana researcher, who says she was fired because of political opposition to her research on the use of medical marijuana for PTSD in veterans. A Change.org petition seeking her reinstatement now had over 67,000 signatures (30,000 of them from Tuesday alone) and a there is also a Facebook page supporting her.

Arkansas

On Monday, the state attorney general rejected the wording of a medical marijuana initiative. Attorney General Dustin McDaniel has rejected the wording of an initiative aimed at putting medical marijuana on the 2016 ballot. The initiative is sponsored by Arkansans for Compassionate Care, which tried unsuccessfully to get a similar initiative on the ballot this year.

California

Last Wednesday, a Northern California congressman called on federal prosecutors to go after "trespass" marijuana growers, not people complying with state law. US Rep. Jared Huffman (D-CA) sent a letter Wednesday to Northern California US Attorney Melinda Haag urging her "to focus prosecutorial and enforcement resources on trespass marijuana growers, not low-level marijuana offenders complying with state law." Hoffman called "trespass" growers "the greatest emerging threat to public safety and environmental health" in Northern California. Click on the link to read the letter in its entirety.

Last Friday, a Kern County judge ruled that a collective can appeal a court decision overturning the county's Measure G dispensary ordinance. Superior Court Judge Kenneth Twisselman ruled that the Highway 99 Collective can appeal his earlier ruling that Measure G violated state environmental laws. Highway 99 was the only collective to comply with Measure G and had been cleared to operate under the restrictive ordinance.

On Monday, the San Bernardino city attorney called on the city council to begin studying ways of enforcing its dispensary ban -- including by allowing a small number of dispensaries. City Attorney Gary Saenz acknowledged the "futility and high cost" of attempting to eradicate dispensaries and suggested the council "move the distribution of medical marijuana from the black market to the regulated market."

On Monday, the San Jose city clerk reported that a signature-gathering campaign to protect the city's dispensaries had fallen short. That means most of the city's 80 dispensaries will have to close by next July. A restrictive ordinance passed by the city council last month limits them to less than 1% of the city's parcels.

Illinois

On Sunday, the governor signed a bill to expand access to medical marijuana. Gov. Pat Quinn (D) yesterday signed into law a bill that will expand the state's medical marijuana program by allowing people with seizure disorders to use it and by allowing minors to participate in it with parental consent. The measure is Senate Bill 2636.

New Mexico

Last Thursday, the state backed off on proposed changes to the medical marijuana program. The state Department of Health announced last Thursday that it will not move forward with proposed rule changes that included limiting the number of plants patients could grow and requiring criminal background checks for patient growers. The department said there will likely be another hearing for public comments before new rules are finalized this fall.

New York

Last Thursday, a state-level medical marijuana business alliance was formed. Albany-area medical marijuana lobbyists have formed a business alliance to jointly fight for their interests. The group is called the Medical Cannabis Industry Alliance of New York. Members will include growers, advocates, real estate interests, and other businesses associated with medical marijuana.

Washington

Last Thursday, the UFCW said it would start representing Washington medical marijuana workers. The United Food and Commercial Workers (UFCW) Local 367 announced this week that it expects to represents workers at a Puyallup medical marijuana collective. The UFCW represents a variety of retail, food processing, manufacturing, and production workers, but has also been active in the medical marijuana industry and has a Cannabis Workers Rising campaign, especially in California, where it has organized numerous work sites.

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

Chronicle AM -- July 23, 2014

South Portland, Maine, will vote on marijuana legalization in November, medical marijuana researcher Dr. Sue Sisley's campaign to be reinstated is picking up steam, Mississippi officials get an earful at a public forum on a welfare drug testing law, and more. Let's get to it:

Evo Morales is not only president of Bolivia; he's also the president of the country's largest coca growers' union. (wikimedia)
Marijuana Policy

South Portland, Maine, Marijuana Possession Legalization Initiative Qualifies for November Ballot. Officials in South Portland confirmed today that a citizen initiative to make marijuana possession legal for adults within city limits has qualified for the November 2014 ballot. Citizens for a Safer Maine, a Marijuana Policy Project affiliate, submitted more than 1,500 signatures, and just 959 valid signatures of registered city voters were required. The South Portland City Council will consider whether to enact the measure or refer it to city voters at its meeting scheduled for August 4.

Delaware House Hearing on Marijuana Decriminalization Today. The House Public Safety and Homeland Security Committee is holding a hearing on a decriminalization bill today. The amended version of House Bill 371 would make possession of up to an ounce a civil offense, punishable only by a fine. Under current law, small time possession is a misdemeanor that can garner up to six months in jail.

Medical Marijuana

National Herbal Medicine Industry Group Issues Guidelines for Medical Marijuana Manufacture. The American Herbal Products Association (AHPA) today released medical marijuana manufacturing guidelines, completing its compendium of industry standards. The guidelines complement those set by American Herbal Pharmacopoeia (AHP) for the plant's identity, purity, quality and botanical properties.

Arizona Judge Rules Patients Can Sell to Other Cardholders. A Pima County Superior Court judge has thrown out charges against a medical marijuana patient who offered plants to sale to other cardholders for a $25 "donation," holding that the state's medical marijuana law is vague and can be interpreted as allowing for such activities. So far the ruling only applies to the case at hand, but local prosecutors have vowed to appeal, and a favorable higher court ruling would set precedent statewide.

Campaign to Reinstate Arizona Medical Marijuana Researcher Picks Up Steam. Veterans rallied yesterday at the University of Arizona College of Medicine in Phoenix in support of medical marijuana researcher Dr. Sue Sisley, who says she was fired because of political opposition to her research on the use of medical marijuana for PTSD in veterans. A Change.org petition seeking her reinstatement now has 66,000 signatures (30,000 of them from yesterday alone) and a there is also a Facebook page supporting her.

Drug Testing

Mississippi Public Forum on Welfare Drug Test Law Leads for Calls to Amend It. A welfare recipient, civil liberties advocates, and Democratic politicians strong criticized the state's new law mandating drug testing for some welfare recipients at a public hearing yesterday. They called for it not to be implemented until it can be amended by the legislature. No one spoke in support of the law.

Law Enforcement

Orange County, Florida, Women Sue SWAT Team Over Violent Drug Raid. A mother and daughter are suing the Orange County Sheriff's Office after a SWAT team drug raid left a family dog dead and the daughter wounded by police gunfire inside their own home. The raid was aimed at a relative who didn't even live at the residence. Police found marijuana seeds and "drug paraphernalia" in the room where the relative had stayed, but charges against him were later dropped.

International

Bolivian President Wins Reelection as Head of Country's Largest Coca Growers Union; Vows to Expand Crop if Re-Elected as President. Evo Morales was a coca grower union leader before he was elected president of the country, and he's still a coca grower union leader. He was just reelected as head of the union, and he told union members that Bolivia needs a new law for coca production that would allow for expanded cultivation.

Chronicle AM -- July 22, 2014

This is the Drug War Chronicle, not the Marijuana Policy Chronicle, but that's how the news breaks sometimes. It's all marijuana and medical marijuana news today. Let's get to it:

Medical marijuana -- on the move worldwide. (Colorado DOT)
Marijuana Policy

Oregon's Marijuana Legalization Initiative Qualifies for Ballot. New Approach Oregon, sponsors of an initiative to legalize sales, possession and home growing of marijuana, announced today that the Secretary of State's office has qualified the initiative for the ballot. Voters will get to decide on it in November. If the initiative passes, the state will have until January 2016 to put together a regulatory structure.

Coloradans Still Like Their Marijuana Law, But Not Public Pot Smoking. A new Quinnipiac poll finds that Coloradans support legal marijuana by a margin of 54% to 43%. Amendment 64 legalizing marijuana passed in November 2012 with 54.8%. But respondents oppose allowing marijuana to be smoked in bars (65%), other entertainment venues (63%), and a plurality (49%) even opposed allowing it to be smoked at invitation-only events.

Alaska Legalization Initiative Debated. Proponents and opponents of Ballot Measure 2, the Alaska legalization initiative, debated the merits and demerits of the measure at the Anchorage Chamber of Commerce's luncheon Monday. Representatives of the Yes on 2 campaign duked it out with representatives of the No on 2 campaign.

Medical Marijuana

Patients, Advocates to Protest Problems With New Hampshire Program Wednesday. Tomorrow, the one-year anniversary of Gov. Hassan's (D) signing of the state's medical marijuana law, patients and advocates will gather at the statehouse in Concord to protest delays and other problems with the implementation of the law. It starts at 9:30am.

Veterans Gather at University of Arizona to Demand Reinstatement of Medical Marijuana Researcher. A group of veterans is gathered today at the University of Arizona College of Medicine in Phoenix to protest the firing and demand the reinstatement of Dr. Sue Sisley, who was set to do FDA-approved research into medical marijuana for veterans with PTSD before she was fired. Sisley accuses political opponents of medical marijuana of being responsible for her termination.

Arkansas Attorney General Reject Medical Marijuana Initiative Wording. Attorney General Dustin McDaniel has rejected the wording of an initiative aimed at putting medical marijuana on the 2016 ballot. The initiative is sponsored by Arkansans for Compassionate Care, which tried unsuccessfully to get a similar initiative on the ballot this year.

International

German Court Rules Medical Marijuana Patients Can Grow Their Own. The Cologne Administrative Court ruled today that patients can grow their own marijuana -- if no alternative to medical marijuana exists and buying it at a pharmacy is too expensive. The state health insurance system doesn't cover the cost of medical marijuana, so five patients sought a legal exemption to grow their own. Now, they have it. Currently, 270 people in Germany hold permits to buy and consume cannabis for medical purposes.

Medical Marijuana Gaining Ground in Australia's New South Wales. Premier Mike Baird, Deputy Premier Andrew Stoner, and opposition leader John Robertson have all said this week that they support the idea of legalizing marijuana for medical purposes, as long as concerns over regulation and supply are addressed. The state Green Party also supports it. One member of parliament, Kevin Anderson, said he will file a private member's bill next month to allow for patients and caregivers to possess up to 15 grams of marijuana.

Colombia's Liberal Party Wants to Legalize Medical Marijuana. The Liberal Party will support a bill to legalize medical marijuana, according to national media reports. Senator Juan Manuel Galan said that he would introduce such a bill. The move comes a few months after the mayor of Bogota asked the national government to begin a debate on the topic.

Chronicle AM -- July 18, 2014

Tens of thousands of federal drug prisoners could get out early after the US Sentencing Commission votes to make guideline reductions retroactive, the Ohio Supreme Court moves to cut some crack sentences, FedEx gets indicted for shipping pills for Internet pharmacies (and not taking a deal with the feds), and more. Let's get to it:

Federal Correctional Institution, Englewood, CO. There may soon be room at the inn. (wikimedia.org)
Medical Marijuana

New York Medical Marijuana Business Alliance Formed. Albany-area medical marijuana lobbyists have formed a business alliance to jointly fight for their interests. The group is called the Medical Cannabis Industry Alliance of New York. Members will include growers, advocates, real estate interests, and other businesses associated with medical marijuana.

New Hampshire Advocates to Demonstrate at Statehouse Next Wednesday to Criticize Medical Marijuana Program Delays. Next Wednesday is the one-year anniversary of Gov. Maggie Hassan's signing of the state's medical marijuana bill, but the state's program is beset with needless delays, say advocates, who will gather at the statehouse in Concord next Wednesday to shine a media spotlight on the problem. Click on the link to RSVP.

Northern California Congressman Calls on US Attorney to Go After "Trespass" Marijuana Growers, Not People Complying With State Law. US Rep. Jared Hoffman (D-CA) sent a letter Wednesday to Northern California US Attorney Melinda Haag urging her "to focus prosecutorial and enforcement resources on trespass marijuana growers, not low-level marijuana offenders complying with state law." Hoffman called "trespass" growers "the greatest emerging threat to public safety and environmental health" in Northern California. Click on the link to read the letter in its entirety.

New Synthetic Drugs

Alaska Tries New Tactic in Battle Against Synthetics -- Fining Stores That Sell Them. Gov. Sean Parnell (R) Wednesday signed into law a bill designed to block the retail sale of synthetic drugs by defining them as products with "false or misleading labels" and imposing fines similar to traffic tickets on people who sell or possess them. The move comes after earlier efforts to suppress the new synthetics were undermined by manufacturers who adjusted their recipes to avoid lists of banned synthetics.

Law Enforcement

FedEx Hit With Criminal Indictment for Shipping Internet Pharmacy Drugs. A federal grand jury in San Francisco has indicted FedEx, the world's largest cargo company, on criminal charges of conspiracy to distribute controlled substances and distribution of misbranded drugs. Federal prosecutors are seeking to forfeit and seize at least $820 million in what they say are proceeds from such illegal shipments. Read the indictment here.

Sentencing

US Sentencing Commission Votes Unanimously for Retroactivity in Drug Sentencing, Could Affect 46,000 Federal Prisoners. The United States Sentencing Commission voted unanimously today at a public meeting to apply a reduction in the sentencing guideline levels applicable to most federal drug trafficking offenders retroactively, meaning that many offenders currently in prison could be eligible for reduced sentences beginning November 2015. Unless Congress disapproves the amendment, beginning November 1, 2014, eligible offenders can ask courts to reduce their sentences. Offenders whose requests are granted by the courts can be released no earlier than November 1, 2015. The Commission estimates that more than 46,000 offenders would be eligible to seek sentence reductions in court. These offenders' sentences could be reduced by 25 months on average. Click on the link for more information.

Ohio Supreme Court Rules Crack Defendants Sentenced After New Law to Reduce Disparities Went Into Effect Must Be Resentenced. The state Supreme Court ruled Wednesday that defendants convicted before laws reducing the penalty for possessing crack cocaine went into effect, but sentenced after they went into effect must be resentenced under the new law. The case is State v. Limoli.

International

Australia Drug Use Survey Released. The 2013 National Drug Strategy Household Survey, conducted by the Australian Institute of Health and Welfare, was released Thursday. Cigarette smoking is down, youth drinking is down, and so is the use of heroin, ecstasy, and GHB. The misuse of pharmaceuticals is up, and the use of meth remains steady.

Ending Moratorium, Singapore Executes Two Convicted Drug Dealers. Singapore today hanged two convicted drug dealers, the first executions for drug offenses since it imposed a moratorium on them in 2011. Tang Hai Liang, 36, had been convicted of trafficking 89.55 grams (3.2 ounces) of pure heroin and Foong Chee Peng, 48, had been found guilty of dealing 40.23 grams of the same illegal drug. Both are Singapore citizens. They had chosen not to seek resentencing under a 2012 law that abolished mandatory death sentences in some drug trafficking cases.

Medical Marijuana Update

A CBD cannabis oil bill becomes law in Missouri, the District of Columbia expands its medical marijuana program, Michigan prepares to improve its program, Berkeley will provide free medical marijuana for the poor and homeless, an LA medical marijuana farmers' market gets an injunction slapped on it, and more. Let's get to it:

Arizona

Last Wednesday, the Department of Health authorized medical marijuana for PTSD. The Department of Health Services announced that it is authorizing the use of marijuana for patients suffering from Post-Traumatic Stress Disorder (PTSD). Its use is not approved for treatment of the condition itself, but only for palliative care of PTSD symptoms.

As of this Wednesday, thousands have signed a petition supporting a fired University of Arizona medical marijuana researcher. A petition demanding that the University of Arizona research scientist Dr. Suzanne Sisley be rehired after being fired after she won federal approval to study marijuana for military veterans with post-traumatic stress disorder has received more than 27,000 signatures. Sisley make no bones about blaming conservative Arizona political figures for her firing. Click on the link to read her comments.

California

Last Tuesday, the Berkeley city council gave initial approval for free medical marijuana for the poor and homeless. The council has given gave initial approval for an ordinance that would require dispensaries in the city to set aside 2% of their medical marijuana to be given away free to poor and homeless residents who are patients. A second reading is set for next month.

On Tuesday, a Los Angeles Superior Court judge issued a temporary restraining order against a medical marijuana farmers' market. A Los Angeles Superior Court judge issued a temporary restraining order shutting down a medical marijuana farmers' market that drew thousands when it opened a couple of weeks ago. A hearing on a permanent injunction is set for August 6.

Also on Tuesday, Fresno County supervisors imposed the largest medical marijuana fine yet. Supervisors levied a $99,000 fine against a man caught growing 99 plants on his property near Laton earlier this year. The county has imposed a fine of $1,000 per plant for cultivating marijuana, which it has banned. Supervisors also approved raising the cap on spending to defend its medical marijuana ordinance from $50,000 to $210,000.

District of Columbia

On Tuesday, the city council approved medical marijuana expansion. The council approved legislation to loosen restrictions on the District's medical marijuana program. The measure replaces a restrictive list of defined illnesses and conditions with a blanket authority for doctors to recommend medical marijuana for "any condition for which treatment with medical marijuana would be beneficial, as determined by the patient's physician."

Iowa

Last Thursday, a terminally ill cancer patient was convicted of growing his own medicine. A state court jury in Davenport that never heard Benton Mackenzie's medical marijuana defense has convicted the terminally ill cancer patient on four felony drug charges related to growing marijuana to alleviate the symptoms of his disease. The 48-year-old angiosarcoma sufferer now faces a possible mandatory minimum three-year prison sentence, although prosecutors could seek probation.

Michigan

Last week, a key legislator said he expects the Senate to vote on improving the state's medical marijuana law this week. Senate Majority Leader Randy Richardville (R) said he expects the Senate to vote this week on a pair of measures to improve the state's medical marijuana program. One would allow localities to govern their own dispensaries; the other would allow the sale of edibles and concentrates.

Minnesota

Last Friday, Gov. Mark Dayton (DFL) named 16 people to the medical marijuana task force. The panel is charged with monitoring the effectiveness of the state's new limited medical marijuana law. Included are four patients or their parents, four law enforcement entities, four substance abuse treatment providers and four health care providers. Two lawmakers each from the House and Senate, as well as the commissioners of Health, Human Services and Public Safety are also on the panel. Click on the link for a list of members.

Missouri

On Monday, Gov. Jay Nixon signed a CBD cannabis oil bill. He signed into law a bill allowing Missourians with epilepsy that cannot be treated by conventional means to use low-THC, high-CBD cannabis oil. Patients will have to register for the state and have a neurologist aver that conventional treatments have not worked.

New Mexico

Last Wednesday, the New Mexico US Attorney said he wouldn't prosecute patients busted at border checkpoints. New Mexico US Attorney Damon Martinez has assured New Mexico politicians that he will not prosecute patients caught with medical marijuana at US Customs and Border Patrol checkpoints. Martinez made the vow in a letter Monday to Rep. Bill McCamley (D-Mesilla Park), who had sought assurances. But Customs and Border Patrol officers would still seize the medicine, he warned.

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

Chronicle AM -- July 16, 2014

The House okays marijuana banking, DC decriminalizes tomorrow, DC expands its medical marijuana program, Miami-Dade taxpayers pay for a particularly heinous killer drug raid, a lot of states did sentencing reforms last year, and more. Let's get to it:

Marijuana businesses could go to the bank under a measure passed by the House today. (Drug Policy Alliance/Sandra Yruel)
Marijuana Policy

House Votes to Let Banks Take Deposits from Marijuana Businesses. In a historic vote this afternoon, the US House has approved an amendment to the Treasury Department appropriations bill barring the agency from spending any money to punish financial institutions that provide services to marijuana businesses where it is legal. The amendment was sponsored by Reps. Heck (D-WA), Perlmutter (D-CO), Lee (D-CA) and Rohrabacher (R-CA). It passed with bipartisan support.

DC Decriminalization Law Goes Into Effect Tomorrow. As of one minute after midnight, the possession of an ounce or less of marijuana will be decriminalized in the nation's capital. Jail time for pot possession will be replaced with a $25 fine. A Republican-led effort in the House to block it remains alive, but will not stop the law from taking effect -- at least for now. That effort still has to get through the Congress and overcome White House opposition, and that looks like a long-shot at this point.

Grosse Point, Michigan, Initiative to Legalize Up to an Ounce Turns in Signatures. A municipal initiative campaign to legalize the possession of up to an ounce of pot in the Detroit suburb of Grosse Point turned in more than 600 signatures today. The group needs 493 valid voter signatures to qualify for the November ballot. Grosse Point is one of a handful of Michigan towns with similar campaigns this year, including Berkley, Hazel Park, Huntington Woods, Oak Park, and Pleasant Ridge.

Santa Fe, New Mexico, Initiative to Decriminalize Marijuana Possession Turns in Signatures. Progress Now New Mexico and Drug Policy Action (the campaign arm of the Drug Policy Alliance) have submitted more than 7,000 signatures for an initiative that would decriminalize the possession of up to an once of marijuana. They need 5,763 to qualify for the ballot.

Medical Marijuana

DC City Council Approves Medical Marijuana Expansion. The city council Tuesday approved legislation to loosen restrictions on the District's medical marijuana program. The measure replaces a restrictive list of defined illnesses and conditions with a blanket authority for doctors to recommend medical marijuana for "any condition for which treatment with medical marijuana would be beneficial, as determined by the patient's physician."

Michigan Legislature Set to Vote on Medical Marijuana Improvement Measures This Week. Senate Majority Leader Randy Richardville (R) said he expects the Senate to vote this week on a pair of measures to improve the state's medical marijuana program. One would allow localities to govern their own dispensaries; the other would allow the sale of edibles and concentrates.

LA Medical Marijuana Farmers' Market Hit With Temporary Injunction. A Los Angeles Superior Court judge Tuesday issued a temporary restraining order shutting down a medical marijuana farmers' market that drew thousands when it opened a couple of weeks ago. A hearing on a permanent injunction is set for August 6.

Thousands Sign Petition Supporting Fired University of Arizona Researcher. A petition demanding that the University of Arizona research scientist Dr. Suzanne Sisley be rehired after being fired after she won federal approval to study marijuana for military veterans with post-traumatic stress disorder has received more than 27,000 signatures. Sisley made no bones about blaming conservative Arizona political figures for her firing. Click on the link to read her comments.

Harm Reduction

Ohio Cops Slow to Carry Overdose Reversal Drug. Gov. John Kasich (R) signed a law allowing law enforcement officers to carry and administer the opiate overdose reversal drug naloxone in March, but Ohio police are slow to get with the program. Police in Columbus said they have no plans to carry it "anytime soon," and many rural agencies are also unwilling to do it. About 17 people a week are dying from opiate overdoses in Ohio. Under the new law, the drug is also available to friends, family members, and "others who may be in a position" to assist with reversing overdoses.

Law Enforcement

Miami Agrees to Pay in Death Squad-Style Police Drug Robbery Sting Killings. Miami-Dade taxpayers will shell out $600,000 to the families of three men killed by a Miami-Dade SWAT team during a drug house robbery sting. Four men, including an informant for the police, were gunned down when they appeared on the scene of a home they had been told was stuffed with drugs for them to rob. The informant's family didn't join the settlement; it is pursuing a wrongful death lawsuit in federal court. Police video of the raid shows officers firing dozens of shots into the body of a man already on the ground. It also shows the informant surrendering to police moments before they shot and killed him, too. Prosecutors suspect police officers of misconduct but were unable to develop enough evidence to charge any of them.

Almost All US Wiretaps Are for Suspected Drug Deals. A new Administrative Office of US Courts report reveals that not only did wiretaps hit an all time high last year, but that nearly 90% of them were for drug investigations. Of the 3,576 wiretaps sought by federal law enforcement agencies, 3,115 were for drug investigations.

Sentencing

Vera Institute of Justice Releases Report on 2013 State Sentencing Reforms. The report, Recalibrating Justice: A Review of 2013 State Sentencing and Corrections Trends, finds that 35 states passed at least 85 bills to reform sentencing and corrections last year. The legislation generally focused on reducing prison populations, strengthening community-based corrections, supporting reentry, and creating better research and analysis to drive policy decision-making.

International

Dutch Border Town Cannabis Café Owner Cleared of Most Charges. The owner of the Checkpoint Café in the in the town of Ternuezen near the Belgian border has been cleared of most charges against him by an Amsterdam appeals court. The café was closed in 2007 for violating government rules on soft drug sales, and the owner was found guilty of membership in a criminal organization. But the appeals court ruled that the state had not proven Checkpoint knowingly broke the rules. It was the second such decision in the past month.

Chronicle AM -- July 10, 2014

Forget Amazon's promised drone deliveries; the Mexican cartels have beat them to it. Also, Massachusetts cops will need to do more than just smell weed to search you or your vehicle, Arizona PTSD patients are okayed to use medical marijuana, Uruguay delays the roll-out of its legal marijuana sales, and more. Let's get to it:

Mexican cartels find a new way to bring drugs over the border. (wikipedia.org)
Marijuana Policy

Massachusetts Supreme Court Rules That Smell of Unburnt Marijuana Not Justification for Police Searches. Because Massachusetts has decriminalized the possession of small amounts of marijuana, police cannot use the odor of raw marijuana to justify searches of vehicles or persons, the Supreme Judicial Court ruled Wednesday. The ruling came in a pair of decisions: Commonwealth v. Obermeyer and Commonwealth v. Craan. The court had already ruled that the odor of smoked marijuana was not sufficient cause for a search; now it has included the odor of unburnt marijuana as well.

Missouri Marijuana Lifer in Campaign for Clemency. Sixty-one-year-old Jeff Mizanskey is now in his 21st year of a life-without-parole sentence for non-violent marijuana charges. He wants out, and a campaign to free him as generated nearly half a million signatures on a petition to Gov. Jay Nixon (R). But that hasn't been enough so far. Now, he is asking supporters to write Nixon a letter. Mizanskey has been helped in his campaign by the energetic folks at Show-Me Cannabis, the Missouri-based marijuana reform group.

Montana Initiative to Overturn Medical Marijuana, Block Marijuana Reforms Won't Make Ballot. An initiative that sought to change state law so that no Schedule I drug can be "legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana" isn't going to qualify for the ballot, it's proponent conceded Wednesday. Petitioners only managed to gather 12% of the signatures needed to qualify. But Billings car dealer Steve Zabawa isn't giving up; he says he will ask the legislature to pass a referendum next year to put the measure on the 2016 ballot.

Medical Marijuana

Terminally Ill Iowa Cancer Patient Convicted of Growing Own Medicine. A state court jury in Davenport that never heard Benton Mackenzie's medical marijuana defense has convicted the terminally ill cancer patient on four felony drug charges related to growing marijuana to alleviate the symptoms of his disease. The 48-year-old angiosarcoma sufferer now faces a possible mandatory minimum three-year prison sentence, although prosecutors could seek probation.

Arizona Okays Medical Marijuana for PTSD. The Department of Health Services announced Wednesday that it is authorizing the use of marijuana for patients suffering from Post-Traumatic Stress Disorder (PTSD). Its use is not approved for treatment of the condition itself, but only for palliative care of PTSD symptoms.

New Mexico US Attorney Says He Won't Prosecute Medical Marijuana Patients Busted at Border Checkpoints, But Feds Will Still Take Their Medicine. New Mexico US Attorney Damon Martinez has assured New Mexico politicians that he will not prosecute patients caught with medical marijuana at US Customs and Border Patrol checkpoints. Martinez made the vow in a letter Monday to Rep. Bill McCamley (D-Mesilla Park), who had sought assurances. But Customs and Border Patrol officers would still seize the medicine, he warned.

International

Uruguay Delays Marijuana Sales until Next Year. President Jose Mujica said Wednesday that legal marijuana sales are being pushed back to next year because of "practical difficulties" in implementing the new law, and he took a jab at legalization in the US as he did so. "If we want to do this sloppily, it is not hard to do that. That's what the United States is doing," the president said. "But if we want to get this right... we are going to have to do it slowly. We are not just going to say, 'hands off and let the market take care of it,' because if the market is in charge, it is going to seek to sell the greatest possible amount," he said.

DEA Says Mexican Cartels Using Drones to Deliver Drugs Across the Border. The DEA says Mexican drug cartels are using drones to transport drugs and have been doing so since at least 2011. The agency reported that at least 150 drone flights carrying drugs crossed the border in 2012, and that the cartels have recently intensified efforts to recruit skilled workers to manufacture and operate them.

USAID Allots $60 Million for Alternative Development as Part of Fight Against Coca. The US Agency for International Development (USAID) has earmarked $60 million to support farmers planting cocoa and coffee instead of coca. The funds will go to alternative development programs and reforestation projects.

European Union Court Rules Synthetic Cannabinoids Not Medicine. The European Court of Justice ruled today that herbal mixtures containing syntheric cannabinoids aren't medicinal products under European law. The court was responding to a request for clarification from Germany's federal court, which is currently considering two cases involving such products.

Cops Need Warrants to Search Cell Phones, Supreme Court Rules

In an unusual unanimous decision, the US Supreme Court Wednesday ruled that police in almost all cases must obtain a search warrant before searching cell phones or other mobile devices. The ruling brings the huge amounts of data Americans store on cellphones, smartphones, and other mobile devices under the umbrella of constitutional privacy protections.

The decision came in two cases, one involving a drug bust and the other a weapons charge. The two cases were consolidated in the court's opinion in Riley v. California.

In ruling in favor of Americans' privacy, the high court rejected law enforcement arguments that cell phone searches did not require a warrant under an exception that allows police to search the contents of arrested people's pockets to ensure that they are not armed or do not destroy evidence. While that may be convenient for law enforcement, the court held, constitutional rights trump convenience.

The court was clearly aware that modern hand-held devices contain both the quality and quantity of information deserving protection as much as that afforded to people's personal property and effects in their homes.

"Modern cellphones aren't a technological convenience," Chief Justice John Roberts wrote in the unanimous opinion "With all they contain and all they may reveal, they hold for many Americans 'the privacies of life,'" he wrote.

As for law enforcement concerns that the court's ruling would prove an obstacle to some police investigations, Roberts had a pithy retort: "Privacy comes at a cost," he wrote.

And if police have reason to believe such devices may contain relevant evidence, they have recourse, Roberts wrote.

"Our answer to the question of what police must do before searching a cellphone seized incident to an arrest is accordingly simple -- get a warrant."

Of course, that means police must convince a magistrate they have probable cause to seek a search warrant.

The American Civil Liberties Union liked what it saw in the decision.

"By recognizing that the digital revolution has transformed our expectations of privacy, today's decision is itself revolutionary and will help to protect the privacy rights of all Americans," said ACLU legal director Steven R. Shapiro in a Wednesday statement. "We have entered a new world but, as the court today recognized, our old values still apply and limit the government's ability to rummage through the intimate details of our private lives."

Washington, DC
United States

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