Breaking News:Against Jeff Sessions for Attorney General

Law Enforcement

RSS Feed for this category

A Possession Arrest Every 25 Seconds: The Cruel Folly of the War on Drugs [FEATURE]

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

Nearly a half century after Richard Nixon inaugurated the modern war on drugs, to criticize it as a failure as so common as to be banal. Yet even as marijuana prohibition falls in some states, the drug war rolls on, an assembly line of criminalization and incarceration, dealing devastating blows to the lives of its victims that linger far beyond the jail or prison cell.

More than 1.25 million arrests for simple drug possession last year. (Creative Commons)
And most of its victims are not capos or kingpins, but simple drug users. According to a new report from Human Rights Watch (HRW) and the American Civil Liberties Union (ACLU), drug possession is the single offense for which the largest number of arrests are made in the US, totaling more than 1.25 million last year, and accounting for more than three-fourths of all drug arrests.

Based on analysis of national and state-level data, as well as more than 360 interviews with drug offenders, family members, past and present government officials, and activists conducted mostly in Texas, Florida, Louisiana, and New York, the 196-page report, "Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States," finds that enforcement of drug possession laws causes extensive and unjustifiable harm to individuals and communities across the country.

The long-term consequences can separate families; exclude people from job opportunities, welfare assistance, public housing, and voting; and expose them to discrimination and stigma for a lifetime. While more people are arrested for simple drug possession in the US than for any other crime, mainstream discussions of criminal justice reform rarely question whether drug use should be criminalized at all.

"Every 25 seconds someone is funneled into the criminal justice system, accused of nothing more than possessing drugs for personal use," said Tess Borden, Aryeh Neier Fellow at Human Rights Watch and the ACLU and the report's author. "These wide-scale arrests have destroyed countless lives while doing nothing to help people who struggle with dependence."

Among those interviewed was for the study was Corey, who is doing 17 years in Louisiana for possessing a half ounce of marijuana. His four-year-old daughter, who has never seen him outside prison, thinks she's visiting him at work.

The harmful consequences of a drug arrest extend far beyond prison walls (ussupremecourt.gov)
Another is "Neal," whose name was changed to protect his privacy. Also in Louisiana, he's doing five years for possessing 0.2 grams of crack cocaine. He has a rare autoimmune disorder and said he cried the day he pleaded guilty because he knew he might not survive his sentence.

Then there's Nicole, held for months in the Harris County Jail in Houston and separated from her three young children until she pleaded guilty to a felony -- her first. The conviction meant she would lose her student financial aid, the food stamps she relied on to feed her kids, and the job opportunities she would need to survive. All for an empty baggie containing a tiny bit of heroin residue.

"While families, friends, and neighbors understandably want government to take action to prevent the potential harm caused by drug use, criminalization is not the answer," Borden said. "Locking people up for using drugs causes tremendous harm, while doing nothing to help those who need and want treatment."

The report also emphasized the now all-too-familiar racial disparities in drug law enforcement, noting that while blacks use drugs at similar or lower rates than whites, they're more than two-and-a-half times more likely to arrested for drug possession and more than four time more likely to be arrested for pot possession. It's even worse in some localities, such as Manhattan, where blacks are 11 times as likely to be busted for drug possession as whites. That amounts to "racial discrimination under international human rights law," the two groups said.

Aside from the vicious cruelty of imprisoning people for years or decades merely for possessing a substance, that drug conviction -- and drug possession, even of tiny amounts, is a felony in 42 states -- also haunts their futures. Drug convicts face the loss of access to social welfare benefits, the stigma of criminality, the disruption of family life, the financial burden of paying fines and fees, and the burden of trying to find work with a felony record. And that harms society at large as well as the criminalized drug users.

And despite tens of millions of drug arrests over the past few decades, with all their collateral damage, the war on drugs doesn't achieve its avowed goal: reducing drug use. There has to be a better way, and Human Rights Watch and the ACLU have something to say about that.

report launch at National Press Club, Washington, DC, 10/12/16
"State legislatures and the US Congress should decriminalize personal use and possession of all drugs. Federal and state governments should invest resources in programs to decrease the risks associated with drug use and provide and support voluntary treatment options for people struggling with drug dependence, along with other approaches," the two groups recommended.

"Until full decriminalization is achieved, officials at all levels of government should minimize and mitigate the harmful consequences of current laws and practices," they added, providing detailed recommendations to state legislatures, police, prosecutors, and other state and local government entities, as well as the federal government.

"Criminalizing personal drug use is a colossal waste of lives and resources," Borden said. "If governments are serious about addressing problematic drug use, they need to end the current revolving door of drug possession arrests, and focus on effective health strategies instead."

Chronicle AM: Kratom Ban Delayed (But Still Coming), Mad Drug Arrest Binge in Indy, More... (9/30/16)

California's governor signs asset forfeiture reform and medical marijuana "micro farmer" bills, a Massachusetts town pays out big time for killing an elderly black man in a drug raid, Indianapolis narcs have arrested 1,000 people in two and a half months and think that's success, and more.

Eurie Stamps. Killed in a 2011 drug raid, now his family wins a $3.75 million settlement. (Stamps family)
Marijuana Policy

Another California Poll Has Prop 64 Winning. A new KPIX 5/Survey USA poll has the Prop 64 legalization initiative winning with 52% of the vote, with 41% opposed. It's the latest in a long line of polls that show the initiative winning, but has it winning by a smaller margin than most other polls.

Medical Marijuana

California Governor Signs Marijuana "Micro Farmer" Bill. Gov. Jerry Brown (D) Thursday signed into law the Cottage Cannabis Farmers Bill, Assembly Bill 2516. The measure creates a new medical marijuana cultivator license for "micro farmers," defined as farms with 2,500 square feet or less of total canopy size for mixed-light cultivation, up to 25 mature plants for outdoor cultivation, or 500 square feet or less of total canopy size for indoor cultivation, on one premises.

Kratom

DEA Ban Delayed, But Only for Days. The DEA says that despite loud protests, its proposed emergency ban on kratom is still coming; it's just been delayed for a few days as the agency deals with paperwork. It was supposed to become Schedule I Friday, but the reprieve could last a week or more. A DEA spokesman said it's "highly accurate" to say the ban won't take effect next week, either.

Asset Forfeiture

California Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Jerry Brown (D) Thursday signed into law Senate Bill 443, which requires a criminal conviction before police can permanently seize property valued at under $40,000. Bill sponsor Sen. Holly Mitchell (D-Los Angeles) sponsored a similar bill last year, but it failed after law enforcement grumbled that it would make it more difficult to go after big drug dealers. Police dropped their opposition after Mitchell agreed to the $40,000 threshold.

Law Enforcement

Family of Massachusetts Man Killed in SWAT Drug Raid Awarded $3.75 Million. The town of Framingham has agreed to pay $3.75 million to settle a lawsuit in the death of Eurie Stamps, 68, who was shot and killed by a Framingham police officer as he laid on the floor of his home complying with officers' demands. It was the killing of Stamps that inspired the Chronicle's tracking of drug war deaths, a work now in its sixth year.

Federal Bill to Require Police Reporting of Deaths and Injuries Filed. Rep. Mark Veasey (D-TX) has filed HR 6217, which would "require States and units of local government to have in place laws requiring law enforcement officers to submit... reports when an individual is injured or killed by such a law enforcement officer in the course of the officer's employment as a condition on receiving certain grant funding, and for other purposes. Currently, there is no federal database on law enforcement killing or injuring suspects.

Indianapolis Narcs on Mad Arrest Binge. A newly formed Indianapolis Metropolitan Police Department drug unit has arrested more than 1,000 people in the past two and half months. Local media is calling it a "success" and IMPD Chief Troy Riggs vowed that more of the same was coming. "We're not backing off," he said. "This is the new normal."

The Charlotte Killing That Sparked Civic Unrest Began With a Joint

The chain of events that led to the death of Keith Lamont Scott at the hands of Charlotte Metropolitan Police Department (CMPD) officers and days of civic unrest in North Carolina's largest city began with a joint, Charlotte police said Saturday.

the fateful, fatal joint (CMPD)
That makes Scott the 38th person to die in domestic drug law enforcement operations so far this year.

In an official statement posted on the CMPD's Facebook page and during a press conference last Saturday afternoon announcing that the department was releasing some police body- and dash-cam videos of the fatal encounter, Charlotte police laid out a timeline of what occurred:

Two plain clothes officers were sitting inside of their unmarked police vehicle preparing to serve an arrest warrant in the parking lot of The Village at College Downs, when a white SUV pulled in and parked beside of them.

The officers observed the driver, later identified as Mr. Keith Lamont Scott, rolling what they believed to be a marijuana "blunt." Officers did not consider Mr. Scott's drug activity to be a priority at the time and they resumed the warrant operation. A short time later, Officer Vinson observed Mr. Scott hold a gun up.

Because of that, the officers had probable cause to arrest him for the drug violation and to further investigate Mr. Scott being in possession of the gun.

Due to the combination of illegal drugs and the gun Mr. Scott had in his possession, officers decided to take enforcement action for public safety concerns…

And Keith Scott ended up dead. According to his family, he was in his vehicle waiting for his son to get off the school bus. But because he was rolling a joint while waiting, and because police just happened to be engaged in an operation nearby, he caught the attention of the cops.

Even when police said they saw him hold up a gun, they used the joint-rolling as probable cause to investigate the presence of the gun. If not for marijuana prohibition, the whole unraveling of events, with dire consequences for Keith Scott, and lamentable ones for the city of Charlotte, most likely would never have occurred.

Charlotte, NC
United States

Chronicle AM: CA MJ Init Has Big Bucks, Second AR MedMJ Init Will Be on Ballot, More... (8/26/16)

It's another all-marijuana news day today. Initiative battles are heating up, New York's Health Department wants to expand the medical marijuana program, and more.

Marijuana Policy

California's Prop 64 Campaign Has Raised More Than $11 Million. The campaign to legalize marijuana in California it out-fundraising the opposition by a margin of 61 to 1, according to new campaign finance reports. The Prop 64 campaign has raised $11.45 million, while the No on 64 opposition campaign has raised only $185,000. Prop 64 has received more than $2.3 million from tech billionaire Sean Parker, $750,000 from Weedmaps founder Justin Hartfield, $1.5 million from the New Approach PAC, and $1.25 million from Drug Policy Action, among others. Opposition funding is coming from Smart Approach to Marijuana, the California Teamsters, and law enforcement.

Nevada Law Enforcement Comes Out Against Question 2. At a Carson City press conference Thursday, state Attorney General Adam Laxalt and other law enforcement officials came out in opposition to the Question 2 marijuana legalization initiative. The claimed "this ballot initiative was written by major marijuana interests, who's bigger concern is making money," not the greater good of Nevadans, and cited concerns about impaired driving.

Tennessee Governor Opposes Decrim in Memphis and Nashville. The state's two largest cities are both considering decriminalizing small-time marijuana possession, but Republican Gov. Bill Haslam wants none of it. "I'm not a fan," he says. "While I do think we've had some people who have spent more time in jail than they need to for that. I'm not in favor of decriminalizing that."

Medical Marijuana

Second Arkansas Initiative Will Be on Ballot, Even If It Doesn't Qualify. The state already has one medical marijuana initiative on the ballot, the 2016 Arkansas Medical Cannabis Act, and state officials announced Thursday that a second initiative, the Arkansas Medical Marijuana Amendment, will also appear on the ballot, even though they have yet to certify that it has enough signatures to do so. That's because Thursday was the deadline to certify ballot issues. Because the secretary of state's office was not able to verify late signatures before the deadline, the second initiative has been "certified to the ballot and assigned a number." If the initiative actually comes up short on signatures, votes for it in November will not be recorded.

Florida Medical Marijuana Initiative Polling Above 67%. The Amendment 2 medical marijuana amendment initiative appears headed for victory in November. A new poll from the University of Florida Bob Graham Center has support at 67.8%, in line with a slew of polls since early 2015 that show the initiative will a low of 61% approval and up to 80%. Because the initiative is a constitutional amendment, it needs 60% to pass.

New York Health Department Calls for Expanding Medical Marijuana Program. In a report marking the two-year anniversary of the state's medical marijuana program, the Department of Health called for expanding the program to meet patient needs. "To meet additional patient demand and increase access to medical marijuana throughout New York State, NYSDOH recommends registering five additional organizations over the next two years, using a phased-in approach to permit their smooth integration into the industry," the report said.

Chronicle AM: WA Legal MJ Sales Top $1 Billion, AR Welfare Drug Testing Flop, More... (8/5/16)

Arizona legalizers fight a lawsuit aimed at knocking them off the ballot, Washington rakes in the tax revenue from legal pot, asset forfeiture is in the news in California and New York, and more.

Arkansas forced 800 welfare applicants to do drug screens, one came up dirty. (Wikimedia/Creative Commons)
Marijuana Policy

Arizona Legalization Campaign Wants Lawsuit Tossed. The group behind the state's legalization initiative has asked a judge to throw out a lawsuit filed by foes seeking to keep the measure off the November ballot. The Campaign to Regulate Marijuana Like Alcohol argued that the effort is more about politics and ideology than ensuring state law is followed. Foes argued that the ballot measure's summary language does not describe everything the initiative would do. Both sides will be in court a week from today.

In Face of Uproar, Oregon US Attorney Drops Federal Marijuana Charge Against Teen for One Gram of Weed. Rather than prosecute Devontre Thomas, 19, for possession of a gram of marijuana, federal prosecutors have agreed to enter him into a pretrial diversion program. The move comes after Oregon elected officials said the prosecution was overkill.

Washington State Sees Legal Marijuana Sales Push Past Billion Dollar Mark. After a sharp jump in adult sales last month as medical dispensaries were shut down, the state has now seen pot sales edge past a billion dollars, if revenue from processors and producers is included. The state has collected $273 million in excise taxes on the sales since they began two years ago.

Asset Forfeiture

California Asset Forfeiture Reform Bill Set to Move After Compromise. After discussions with law enforcement groups, state Sen. Holly Mitchell (D-Los Angeles) has amended her asset forfeiture reform bill, Senate Bill 443, so that only property seizures worth less than $40,000 would require a criminal conviction before permanent seizure. Seizures higher than that amount would not require that standard of proof. Mitchell said the compromise would allow police to preserve their ability to go after large criminal enterprises. The police groups have now dropped their opposition to the bill.

NYPD Sued for Failure to Release Asset Forfeiture Data. NYPD collected more than $6 million in asset forfeiture revenues in 2013, but is ignoring records requests for information on how it collects and distributes the cash it seizes, according to a lawsuit filed Thursday by a legal aid group representing low-income people. The group, Bronx Defenders, had submitted a public records request nearly two years, but NYPD has been unresponsive, the lawsuit alleges.

Drug Testing

Arkansas Welfare Drug Test Program Finds Hardly Any Drug Users. According to data released this week by the Department of Workforce Services, exactly one welfare applicant out of 800 has failed a drug test. Another four refused to take it, rendering them temporarily ineligible for benefits. All five taken together constitute 0.63% of welfare applicants. The one failed drug test means 0.125% of all applicants tested positive. Arkansas and other states that have enacted such laws have done so on the unspoken assumption that welfare applicants are using drugs at the taxpayers' expense, but, once again, that has proven not to be the case.

Chronicle AM: Greece Moves Toward MedMJ, Italy to Debate Marijuana Legalization, More... (7/21/16)

There's a job opening for an experienced marijuana activist in DC, Libertarian Gary Johnson endorses California's legalization initiative, three European countries are making marijuana policy moves, and more.

It looks like medical marijuana is coming to Greece. (wikimedia.org)
Marijuana Policy

Libertarian Presidential Candidate Endorses California Legalization Initiative. Former Republican New Mexico Gov. Gary Johnson, who heads the Libertarian Party presidential ticket, has endorsed California's Prop 64 legalization initiative. "Why do I support it?" Johnson responded to a question while leaving the Republican National Convention. "Whether you agree with marijuana legalization or not, you have friends, family, coworkers that use marijuana," the former New Mexico governor said. "Are they criminal? No, they're not criminal." California Democrats have already endorsed the measure, and the national Democratic Party recently adopted a "pathway to legalization" as part of its platform. The Republicans, on the other hand, recently rejected supporting even medical marijuana.

Job Opening: NORML Seeks a New Director. In the wake of the resignation of long-time executive director Allen St. Pierre, the nation's largest marijuana consumer group is seeking a new leader. Click on the link for information about job requirements and more.

Drug Testing

New OSHA Rule Warns on Blanket After-Injury Drug Testing. The federal Occupational Safety and Health Administration (OSHA) has issued a final rule for the electronic submission of injury and illness data for certain employers, and in doing so, the agency warns that "OSHA believes the evidence in the rulemaking record shows that blanket post-injury drug testing policies deter proper reporting." Policies mandating automatic post-injury drug testing can discourage reporting of accidents and injuries, OSHA said, adding that blanket testing may be inappropriate: "Although drug testing of employees may be a reasonable workplace policy in some situations, it is often perceived as an invasion of privacy, so if an injury or illness is very unlikely to have been caused by employee drug use, or if the method of drug testing does not identify impairment but only use at some time in the recent past, requiring the employee to be drug tested may inappropriately deter reporting. To strike the appropriate balance here, drug testing policies should limit post-incident testing to situations in which employee drug use is likely to have contributed to the incident, and for which the drug test can accurately identify impairment caused by drug use."

Law Enforcement

Maryland Gives Up on Plan to Ban Letters to Prisoners to Fight Drug Smuggling. State corrections officials have withdrawn a proposed ban on sending letters to prison inmates in an a bid to stop the smuggling of drugs that can be soaked into photos and paper. Public Safety and Correctional Services Secretary Stephen Moyer had proposed the idea last month, but has now folded in the face of opposition from lawmakers and civil liberties advocates, who called the ban extreme and unconstitutional.

International

Italian Parliament Takes Up Marijuana Legalization on Monday. The Chamber of Deputies is expected to debate a legalization bill on Monday. The bill would legalize the possession of up to 15 grams at home and five grams outside the home, the cultivation of up to five plants for personal use, the creation of cannabis social clubs, and a regulated and licensed marijuana industry in the country.

Medical Marijuana Bill Filed in Ireland. An opposition member of the Dail has introduced a medical marijuana bill. Deputy Brid Smith of the Anti-Austerity Alliance/People Before Profit Party filed the measure, which envisions a Cannabis Regulation Authority and a licensing regime. The bill will be debated later as a private member's bill.

Greece Moving Forward on Medical Marijuana. The Health Ministry this week announced the formation of a working group of academics, psychiatrists, and scientific and legal advisers for the prime minister, the health ministry, and the justice ministry to begin examining issues around medical marijuana. The group's task is to propose feasible regulations for medical marijuana, and it is charged to submit its proposals by the end of October.

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

Chronicle AM: NORML's Allen St. Pierre to Step Down, Push for Stronger Dem MJ Plank, More... (7/8/16)

It's all marijuana policy today, with pressure on the Democratic platform committee, the long-time NORML head stepping down, organized opposition to legalization rumbling in California and Massachusetts, and more.

Allen St. Pierre will resign as head of national NORML. Thanks for everything, and good luck. (www.normlucf.com)
Marijuana Policy

Congressman, Drug Reformers Urge Democrats to Firm Up Marijuana Reform Plank. Rep. Earl Blumenauer (D-OR) and several national drug reform groups sent a letter Friday to the Democratic National Committee Platform Committee urging members to strengthen the party's lukewarm position on marijuana reform by adding one simple sentence: "We support ending the failed federal marijuana prohibition." Blumenauer was joined by Clergy for a New Drug Policy, Doctors for Cannabis Regulation, Drug Policy Action (the lobbying arm of the Drug Policy Alliance), Law Enforcement Against Prohibition, the Marijuana Policy Project, the National Cannabis Industry Association, NORML, and Students for Sensible Drug Policy. The platform committee is considering language Friday and Saturday.

Allen St. Pierre to Step Down as Head of NORML. After nearly a quarter-century as the group's executive director, St. Pierre is calling it quits. He's now a husband and a new father, and paying for a family lifestyle "is not possible while working for NORML," he said. Thank you, Allen, and best of luck in the future.

Alaska Regulators Give Preliminary Approval for Take-Away Marijuana at Cannabis Clubs. The Marijuana Control Board has amended its draft regulations for on-site consumption at pot retail shops to allow customers to purchase pot, consume some on-site, and then leave with the rest of the purchase. Before the amendment was accepted, previous language said customers "may not" leave the premises with any unused product. These are still just draft regulations.

California Prosecutors Announce Opposition to Prop 64. Now there's a shocker. The board of directors of the California District Attorneys Association has voted unanimously to oppose Prop 64, the Adult Use of Marijuana Act (AUMA) legalization initiative. The DAs warned of "dangerously impaired drivers getting behind the wheel and injuring or killing innocent Californians" and said the initiative would allow "drug dealers" to "infiltrate" the legal marijuana industry by not barring people with previous marijuana convictions.

Massachusetts Legalization Opponents Kick Off Campaign. Some of the state's leading politicians, including Gov. Charlie Baker (R), Boston Mayor Marty Walsh (D), and House Speaker Robert DeLeo (D) Friday formally launched their campaign to defeat the legalization initiative sponsored by the Campaign to Regulate Marijuana Like Alcohol. The kickoff was set for a "recovery high school" Friday afternoon.

Washington State Recreational Pot Sales At Billion Dollar Mark. The Seattle Post-Intelligencer reported Friday that sales have surpassed $1 billion since weed was legalized in in 2014. The official state website said sales were only $979,937,722, but whatever the precise figure, marijuana is now Washington's billion dollar baby.

Medical Marijuana

Arkansas Medical Marijuana Amendment Supporters Hand in Signatures. Backers of a proposed constitutional amendment to allow medical marijuana turned in more than 106,000 signatures to state officials Friday, the last day for turn-ins. They need nearly 85,000 valid voter signatures, so this is going to be a nail-biter. Earlier this week, a competing medical marijuana initiative from Arkansans for Compassionate Care qualified for the ballot.

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.

Chronicle AM: Bratton Blames MJ for Prohibition Violence, Opioid Prescriptions Decline, More... (5/23/16)

Bill Bratton misses the point on prohibition and violence, Nebraskans will have to wait for medical marijuana, Fentanyl is displacing heroin in Vancouver, and more.

NYPD Commissioner Bill Bratton (Creative Commons)
Marijuana Policy

New York City's Top Cop Blames Marijuana Legalization -- Not Prohibition -- for Black Market Violence. NYPD Commissioner Bill Bratton Sunday criticized states that have legalized weed because there is violence around the black market in his city, which hasn't legalized weed. "Here in New York, the violence we see associated with drugs, the vast majority of it, is around the issue of marijuana, which is ironic considering the explosion in use of heroin now in the city," Bratton said. "Interestingly enough, here in New York City most of the violence we see -- violence around drug trafficking -- is involving marijuana and I have to scratch my head as we are seeing many states wanting to legalize marijuana, and more liberalization of policies."

Medical Marijuana

No Medical Marijuana Initiative for Nebraska This Year. Cornhusker medical marijuana advocates have decided to delay a petition drive to get the issue on the ballot until 2018. They cited the late start this year and the expense involved.

Rhode Island Senate Approves Adding PTSD to List of Qualifying Conditions. The Senate last Friday unanimously approved a bill that will add PTSD to the list of debilitating medical conditions that qualify a patient for medical marijuana. The bill now heads to the House.

Heroin and Prescription Opioids

Opioid Prescriptions are Falling for the First Time in 20 Years. Two reports from health information providers show that opioid prescriptions have declined in recent years. IMS Health reported a 12% decline in opioid prescriptions nationally since 2012, while Symphony Health Solutions reported an 18% drop during those years. IMS said prescriptions have fallen in 49 states, with only South Dakota showing an increase. The figures could have implications not only for overdose and addiction rates, but also for pain patients. "The climate has definitely shifted," said Dr. Daniel B. Carr, the director of Tufts Medical School's program on pain research education and policy. "It is now one of reluctance, fear of consequences and encumbrance with administrative hurdles. A lot of patients who are appropriate candidates for opioids have been caught up in that response."

International

In Vancouver, Heroin Has Been Displaced by Fentanyl. The synthetic opioid has been identified in half of all drug overdoses in the city this year, which is on track to exceed last year's drug overdose toll. Advocates for drug users in the city's Downtown East Side say there's no more heroin on the street after it has been pushed out by the cheaper and more potent Fentanyl. "Traditionally, heroin comes in about four different colors,"said the longtime drug advocate Hugh Lampkin of the Vancouver Area Network of Drug Users, describing a bland palette of beiges, browns and blacks. "Well now you're seeing multiple colors, like colors of the rainbow: green and pink and orange and white... Right away, when you see these colors that's a pretty good indicator that it's fentanyl that you're doing. The people who are controlling the supply, they're passing off what should be heroin as fentanyl because of the close proximity of the high."

Afghans Celebrate Bumper Opium Harvest. Hundreds of laborers from across the Pashtun heartland gathered in Naqil, Uruzgan province, to harvest a bumper crop of opium poppies and celebrate with after-work games in a festival-like atmosphere. "This is the only time of the year to make money," said Afzal Mohammad, who came all the way from Kandahar, standing amid chest-high poppy stalks nearby. "People work here for about 15 days and then are jobless for the rest of the year."

Chronicle AM: Top Cops Call for Sentencing Reform, GOP Senators Split On Reform, More... (1/20/16)

GOP legislators are busy filing retrograde drug bills across the land, from chipping away at medical marijuana in Arizona to public benefits drug testing bills in several states. Meanwhile, a battle looms over federal sentencing reform.

The fight is heating up over a federal sentencing reform bill. (nadcp.org)
Marijuana Policy

Missouri Legislators Face Plethora of Marijuana Bills. The legislative session has barely started, but lawmakers in Jefferson City have already filed nearly 20 bills aiming at reforming marijuana policy. The bills range from legalization and medical marijuana to barring asset forfeiture in pot cases and expunging the record of nonviolent offenses, including marijuana offenses. Click on the link to see the whole list.

Medical Marijuana

Arizona GOP Legislators Try to Chip Away at Medical Marijuana Access. Rep. Kelly Townsend (R-Mesa) has filed House Bill 2061, which would bar pregnant women from qualifying for the medical marijuana program, and Rep. Jay Lawrence (R-Scottsdale) has filed House Concurrent Resolution 2019, which removes homeopaths and naturopaths from the list of doctors who can issue medical marijuana recommendations.

Fix in the Works for California's Medical Marijuana Local Regulation Deadline. Legislators are working to fix a provision of the medical marijuana regulation law that requires localities to pass their own rules by March 1 or face loss of regulatory control to the state. The provision has caused a stampede of cities and counties seeking to get measures in place by that date, with most of them resorting to simple bans. The Senate Finance Committee last week passed a bill to remove the date.

Drug Testing

Indiana Unemployment Benefits Drug Testing Bill Filed. State Sen. Jon Ford (R-Terre Haute) has filed Senate Bill 245, which would require people applying for unemployment benefits to undergo drug testing if they were fired for drug use or if they work in an occupation the federal Bureau of Labor has determined is one where drug testing is common. The bill had a hearing set for today.

West Virginia Food Stamp Drug Testing Bill Advances. A bill that would require drug testing of food stamp recipients passed the Senate Committee on Health and Human Resources Tuesday and now heads to the Senate Finance Committee. The bill would only require testing of those for whom state officials had a "reasonable suspicion" were drug users. The measure is Senate Bill 6.

Sentencing

Police Chiefs, Prosecutors Urge Congress to Pass Criminal Justice Reform. More than 70 top police chiefs and prosecutors organized as Law Enforcement Leaders to Reduce Crime and Incarceration today called on Congress to pass sentencing reform. They are urging support for the Sentencing Reform and Corrections Act of 2015 (Senate Bill 2123). The letter comes on the same day the Senate Judiciary Committee holds a major hearing on criminal justice reform. "Today, law enforcement leaders from across the nation join together to let our lawmakers know that reforming federal mandatory minimum sentences will help keep down crime and unnecessary incarceration. As police chiefs and prosecutors, our first priority is public safety. But we know first-hand from our experience that our country's high levels of incarceration are not making us safer," said the letter they sent out today.

GOP Split on Mandatory Minimums Threatens Sentencing Reform Bill. Sen. Majority Leader Mitch McConnell (R-KY) is keeping mum about how he plans to proceed on the bill, which is cosponsored by several Republicans. GOP hardliners are balking, threatening passage of the measure. "I don't think it’s a healthy thing to do," said Sen. Jeff Sessions (R-AL), a fervent opponent of the justice bill. "If we lay off drug prosecutions, we're going to see even more murders and crimes, deaths and destruction. I think we need to slow down, be careful about this." The bill had appeared to be one of the few areas where bipartisan support could ensure passage, but now GOP support looks to be eroding.

International

Indian Has a Booming Industry Manufacturing New Psychoactive Substances. Recent raids by drug police have uncovered a domestic party drug manufacturing industry cranking out drugs by the ton. Police busted more than 1,200 pounds of mephedrone in one bust, 750 pounds in another, and more than 2500 pounds of ketamine in yet another. The drug makers are behaving like legitimate drug manufacturers, finding factories, chemists, and workers, then obtaining licenses to manufacture legitimate drugs, then cranking out party drugs.

Costa Rica Court Clears Activist of Marijuana Cultivation Charges. In a case that could be a step down the path to decriminalization, a court refused to convict Cerdas Salazar on drug trafficking charges for growing his own marijuana. Police contended he grew for sale, but provided no evidence of that. "Yes, marijuana cultivation is illegal; nonetheless, it is not a crime if it is not utilized for sale," the judge hearing the case, Carolina Leitón, said.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School