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Chronicle AM: Jamaica Airport Pot Shops Coming, AZ Pot Legalizers Hand in Signatures, More... (6/30/16)

Arizona pot legalizers turned in signatures today, Massachusetts legalizers filed a campaign complaint against a police chief, Canada takes its first step toward legalization, Jamaica wants airport pot shops, and more.

Good times are coming to Jamaica. (wikimedia.org)
Marijuana Policy 

Arizona Legalization Campaign Hands in 200,000 Signatures. The Arizona Campaign to Regulate Marijuana Like Alcohol Thursday handed in more than 200,000 signatures in a bid to get its legalization initiative on the November ballot. The campaign needs 150,000 valid voter signatures to qualify. Given that petition drives typically end up with 20%-30% of signatures deemed invalid, this is going to be a nail-biter. If 20% of signatures are invalid, it qualifies; if 30% are invalid; it fails to qualify.

Arizona Legalization Would Bring in Tens of Millions in Tax Revenues. A new report from the Joint Legislative Budget Committee estimates that legalization would be a half-billion a year market in the state and would generate $82 million a year in revenues for the state from taxes and fees.

Massachusetts Legalization Campaign Files Campaign Finance Complaint Against Police Chief. The Massachusetts Campaign to Regulate Marijuana Like Alcohol Thursday filed a complaint against Walpole Police Chief John Carmichael with the Office of Campaign and Political Finance. The complaint says Carmichael appeared at an event by campaign opponents dressed in police uniform, during working hours, and had arrived in a work vehicle. Under state campaign law, appointed officials may not promote or oppose ballot questions during working hours or use public resources to do so.

Law Enforcement

Texas Man Facing Murder Trial in Cop's Death During Botched Drug Raid Says Friendly Fire Killed Him. Marvin Louis Guy, the Waco homeowner who has been jailed on capital murder charges ever since the May 2014 raid in which Officer Charles Dinwiddie was killed, has filed a federal civil rights complaints charging that Dinwiddie was actually killed by fellow officers as they fired a hail of bullets into his home. The raiders were serving a "no knock" search warrant looking for cocaine; they found none. Guy admitted firing a weapon through is window as the police attempt to break his door down "put me in fear of me and my family's safety," but said that his were not the fatal shots. He is seeking the dismissal of the murder charge and monetary damages.

International

Canada Announces Launch of Marijuana Legalization Task Force. The federal government has taken a first step toward implementing marijuana legalization by announcing the formation of a task force to draft legalization legislation. The government expects to have a bill ready to go by next spring. Over the next four months, the task force will consult with provincial, local, and indigenous governments, as well as youth and experts in healthcare, criminal justice, economics, industry, and law enforcement. It will also talk with companies that have experience in the sale, production, and distribution of the herb.

Jamaica Wants Airport Pot Shops for Tourists. The island nation's Cannabis Licensing Authority is drafting plans for pot shops that would allow tourists to buy up to two ounces of weed at airports as they enter the country. People from abroad who are medical marijuana patients could buy ganja without any further ado, but others would have to be licenses by workers at the airport shops. 

This Week's Corrupt Cops Stories

Corrupt cops seem to have taken summer vacation this week, with only a couple of incidents popping up. They both involve cops with sticky fingers. Let's get to it:

In Syracuse, New York, an Onondaga County sheriff's deputy was arrested Tuesday on charges he stole drugs on two occasions. Deputy John Giocondo, 50, who worked at the county jail, was accused of stealing drugs at the jail and at another non-work-related site. He is charged with official misconduct, two counts of petit larceny, and two counts of possession of a controlled substance.

In Edinburg, Texas, a former Sullivan City police officer was sentenced last Monday to probation after being convicted of stealing handfuls of marijuana from the police department evidence room. Angel de la Mora, 32, was originally charged with theft by a public servant, possession of marijuana, and two counts of official oppression, but agreed to plead guilty to only the latter two charges. Former Sullivan City Police Chief Miguel Martinez also went down in the incident; he saw de la Mora take the weed, but didn't report it. He was forced to resign in April, after also being charged with marijuana possession and official oppression.

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

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

Marijuana Policy

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

Medical Marijuana

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

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

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

Harm Reduction

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

Law Enforcement

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

Chronicle AM: Dem Senators Push DEA on Rescheduling, More Toronto Pot Shop Raids, More... (6/24/16)

Sanders supporters eye a pot plank in the Democratic Party platform, Democratic senators push the DEA on rescheduling, the UN says US heroin use is at a 20-year high, Toronto pot shops get raided, and more.

Cannabis Culture storefront bust in Toronto Thursday (Twitter/@EbonyReneeBaker)
Marijuana Policy

Sanders Pushes Marijuana Reform in the Democratic Platform. Bernie Sanders' campaign is not quiet. The Vermont senator has lost the nomination to Hillary Clinton, but he and his delegates are pushing for reformist planks in the Democratic Party platform, including removing marijuana from the federal Controlled Substances Act. At least 12 state Democratic Party platforms have embraced marijuana law reform; perhaps this year, the national party will, too.

Democratic Senators Urge DEA to Reschedule Marijuana. The DEA has said it's thinking about it -- in fact, it's in the "final stages" of deliberation -- but the Democratic lawmakers want to renew the pressure on the agency to act. Signers of the letters are Sens. Elizabeth Warren of Massachusetts, Barbara Mikulski of Maryland, Barbara Boxer of California, Ron Wyden and Jeff Merkle of Oregon, Kirsten Gillibrand of New York, Edward J. Markey of Massachusetts, and Cory Booker of New Jersey.

Delaware Republican Gubernatorial Candidate Calls for Legalization. State Sen.Colin Bonini (R-Dover) said Thursday that the legislature's passage of a bill allowing deferred judgment for small-time pot possessors has removed the last vestige of criminal accountability for pot possession and that the state might as well just legalize it. The Dover conservative is seeking his party's gubernatorial nomination.

Heroin and Prescription Opioids

Heroin Use in US at 20-Year High, UN Says. The UN Office on Drugs and Crime reported that the US now has a million heroin users, up three-fold from 2003, a situation the office described as "alarming." The finding came in the World Drug Report 2016, released yesterday.

International

Toronto Police Raid Four More Dispensaries, Including Jody and Marc Emery's. Police in Toronto raided four more dispensaries yesterday, including the Cannabis Culture storefront owned by Vancouver's leading cannabis couple, Marc and Jody Emery. Police Chief Mark Saunders said the dispensaries are operating illegally and police will continue to bust them. An earlier round of dispensary raids last month was widely criticized, with proponents noting that the Liberal government is moving to legalize marijuana.

(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.)

In Exercise in Futility, Danish Cops Raid Christiania's Pusher Street (Again)

Last Friday, more than a hundred Danish police swept into Copenhagen's hippy enclave of Christiania to attack the hash and weed sellers of the community's infamous Pusher Street. They tore down 37 stalls and arrested 18 people, carrying off nearly 10 kilos of cannabis by the time they were done.

But it was an exercise in futility. Before police had even left the scene, new stalls had been constructed and new drug sales had taken place.

The raid, coming after previous raid after fruitless raid on Pusher Street, has re-ignited the ongoing debate about legalizing cannabis in Denmark, with members of law enforcement and parliament speaking out.

"I personally believe we should legalize the sale of cannabis because this is a fight we cannot win," said senior prosecutor Anne Birgitte Stürup from the Copenhagen Public Prosecutor Office (Statsadvokaten). "We've tried fighting this for so many years and have gotten nowhere. We cannot stop the use of cannabis by outlawing it. It is expensive and is of very little use," she continued.

The debate on cannabis legalization is nothing new. Pusher Street was for decades the center of the city's weed trade as Christiania, a former military base invaded by hippies in 1971, enjoyed existence as an autonomous community within greater Copenhagen. But conservative national governments in recent years have both ended Christiania's special status and regularly attacked Pusher Street, sending the weed trade to street corners around the city.

Copenhagen itself has repeatedly sought a trial program to legalize the trade in the city, with sales handled by public authorities, only to be blocked by the parliament. It's time to move forward with such plans, said former Copenhagen Police Chief Inspector Per Larsen.

"The money is going into the wrong hands today and I think it could be used for something much more positive, for example preventative measures and rehab for those suffering from cannabis psychosis," Larsen said.

Another former public prosecutor, Erik Merlung, agreed it was time to change course and accused members of parliament of "shutting their eyes to reality."

"You make huge raids on Christiania in which all of the stalls are torn down in the afternoon and then up and running again the next morning -- if not in Christiania, then other places in the city," he said, adding that the current prohibitionist strategy is "hopeless."

Even the cops involved didn't seem particularly enthused about their mission, as the video below from the scene makes clear. The video was shot by the Christiania-based documentary group Cadok:

Copenhagen
Denmark

This Week's Corrupt Cops Stories

Cops get nailed for some big-time rip-offs, cops get nailed for stealing treats from a dispensary, a California cop gets nailed for stealing and dealing meth, and more. Let's get to it:

In Santa Ana, California, three Santa Ana police officers were charged Monday with stealing protein bars and cookies from a medical marijuana dispensary they were raiding -- apparently oblivious to the fact that a surveillance camera was still operating. Officers Brandon Matthew Sontag, Nicole Lynn Quijas, and Jorge Arroya are each charged with one misdemeanor count of petty theft, while Sontag is also charged with vandalism under $400. The vandalism count is for smashing the lens of surveillance cameras, but he missed one.

In Helena, Montana, a state prison guard pleaded guilty last Wednesday to smuggling marijuana and tobacco to inmates. Guard Martin Reap, 25, admitted smuggling between nine and 16 ounces of marijuana, as well as a small amount of synthetic cannabinoids. He admitted making over $6,000 for his efforts. Reap pleaded guilty to one count of bribery after prosecutors agreed to drop drug possession, distribution, and conspiracy charges. He's looking at up to 10 years for the bribery charge.

In Fresno, California, a former Bakersfield police detective pleaded guilty Monday to stealing meth from drug dealers and then reselling the drugs. Patrick Mara copped to a single count of methamphetamine trafficking, joining his former police partner, Damacio Diaz, in copping to their crimes. Although Mara is looking at up to life in prison and faces a mandatory minimum 10 years, he was allowed to remain free on bond pending sentencing in October.

In Arlington, Virginia, a former Loudon County sheriff's deputy was sentenced last Friday to three years in prison for stealing money from the department's asset forfeiture fund. Frank Michael Pearson, 45, had been found guilty of stealing $229,381 from the fund over a three year period. The money came from at least 80 different cases.

In Green Bay, Wisconsin, a former Brown County DARE officer was sentenced last Friday to two years in state prison for stealing an estimated $200,000 from the program. Former Deputy Kevin Vanden Huevel collected money for parking at Green Bay Packers home games as part of a DARE fundraiser. He was supposed to put the money in the DARE trust fund, but instead put it in his own pocket. He ripped off DARE for years before being caught.

Chronicle AM: New Orleans "Decrim" in Effect, Philippine Drug Executions Accelerate, More... (6/21/16)

The Big Easy goes easy on marijuana possession, a California medical marijuana business is back in operation after a misbegotten raid, Danish cops raid Christiania to little effect, suspected drug dealers are being killed in the Philippines, and more.

Filipino President Rodrigo "The Punisher" Duterte (theinfluence.org)
Marijuana Policy

Maine Legalization Foes Unveil New Website. Anti-legalization forces operating as Mainers Protecting Our Youth and Communities have launched a new website aimed at doing in the legalization initiative from the Maine Campaign to Regulate Marijuana Like Alcohol. A drop-down menu on the website provides an indication of their approach, with buttons for "Pot Shops on Main Street," "Marijuana Candy," and "Big Marijuana."

New Orleans "Decriminalization" Ordinance Goes Into Effect. A newly passed city ordinance allowing police to cite and fine instead of arrest people caught with small quantities of pot is now in effect in the Big Easy. But not everybody will get a ticket. Those caught with pot in a drug free zone, such as a city park, school, or church will still be charged and jailed.

Medical Marijuana

After Misbegotten Raid, California Medical Marijuana Company Open for Business Again. Sonoma County's Care By Design (CBD) is already back in business after a massive raid including a hundred police officers and DEA agents last week. Business operator Dennis Franklin Hunter was released without charges after initially being held on a $5 million bond. Police raided the business thinking it was using a dangerous and illegal butane extraction process to make cannabis oil, but it was actually using a non-flammable CO2 extraction process. CBD is blaming the botched raid on a disgruntled former employee involved in a competing business.

International

Danish Cops Raid Christiania's Pusher Street, To No Avail. Police last Friday marched into the Copenhagen hippy enclave, tore down 37 marijuana and hash sales stands, and arrested 18 people, but new stands went up and pot sales recommenced before police even left the scene. The raid is sparking new discussion on marijuana legalization, including from a senior prosecutor in the Copenhagen prosecutor's office. I personally believe we should legalize the sale of cannabis because this is a fight we cannot win," Anna Birgitt Sturup said.

Philippines in Drug Dealer Killing Frenzy. Under the new presidency of Rodrigo Duterte, who earned a reputation as a crime fighter and death squad organizer as the long-time mayor of Davao City, killings of alleged drug dealers are surging. Duterte has vowed to eradicate drugs and other crime within six months and even offered to give medals to citizens who kill them. Police reported killing 11 suspected drug dealers over the weekend, saying they resisted arrest, with more than 40 killed since Duterte was elected on May 9.

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

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

Marijuana Policy

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

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

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

Medical Marijuana

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

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

Asset Forfeiture

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

Law Enforcement

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Washington, DC
United States

Chronicle AM: UK Public Health Groups Call for Decrim, MPP Endorses Gary Johnson, More... (6/16/16)

Busy, busy: There's movement on marijuana banking, Gary Johnson picks up MPP's endorsement, a leading California cannabis oil producer gets busted, the AMA casts on leery eye on patient pain reports, a congresswoman wants to drug test the rich, British public health groups call for decrim, the Thai government wants to end the war on meth, and more.

Libertarian Gary Johnson has won the endorsement of the Marijuana Policy Project because of his pro-legalization stance.
Marijuana Policy

Senate Committee Approves Measure to Ease Pot Businesses' Access to Financial Services. The Senate Appropriations Committee on Thursday voted 16-14 to approve an amendment that would bar the Treasury Department from punishing banks that do business with state-legal marijuana businesses. The amendment is part of the FY 2017 Financial And General Government Services Appropriations Act, which now heads for a Senate floor vote.

Marijuana Policy Project Endorses Libertarian Gary Johnson for President. MPP has formally endorsed Libertarian Party candidate Gary Johnson for president, saying he was the obvious choice as the most pro-marijuana legalization candidate on the ballot. The group said its endorsement was based solely on his marijuana policies.

New York Assembly Passes Bill to Seal Records for Misdemeanor Marijuana Convictions. The Assembly has passed Assembly Bill 10092, which will seal the conviction records of people charged with misdemeanor offenses. Assembly Speaker Carl Heastie said the move was in response to New York City police charging people with misdemeanors for possession of marijuana in public. Simple possession is decriminalized in the state.

Medical Marijuana

Leading California Medical Marijuana Oil Maker Busted.Police, including DEA agents, raided five properties associated with a well-known medical marijuana products manufacturer in Northern California's Sonoma County Wednesday morning, detaining at least nine people and arresting one on suspicion of felony drug manufacture for his role in cannabis oil production.The operation raided was Care By Design (CBD Guild), which produces CBD-rich cannabis oils for use in sprays, gels, and cannabis oil cartridges for vaporizers. The company offers products with five different ratios of CBD to THC so "patients can adjust their cannabis medicine to suit their specific conditions and personal preferences." Police accused the operation of using dangerous and illegal butane extraction for their oils, but Care By Design says that is not the case.

Heroin and Prescription Opioids

AMA Resolutions Aim to Curb Opioid Abuse, Will Ignore Patients' Pain Reports. At its annual meeting in Chicago, the American Medical Association (AMA) approved a number of resolutions aimed at curbing the misuse of prescription opioids. One called for removing any barriers to non-opioid pain therapies, one calls for promoting increased access to the opioid overdose reversal drug naloxone (Narcan), but "the group also voted in favor of efforts to remove pain as a vital sign in professional standards, as well as disconnecting patient satisfaction scores from questions related to the evaluation and management of pain," a move that may not bode well for chronic pain patients.

Asset Forfeiture

Company Now Offers Asset Forfeiture Insurance to Cannabusinesses. CBZ Insurance Services is now offering coverage to protect state-legal marijuana businesses from the threat of seizure and asset forfeiture. The company's "search and confiscation" coverage applies only to entities that are state-legal and are found innocent of any raid-related charges. "A legally operating cannabis business has unique challenges other types of businesses don't have," said CBZ's Jeffrey Rosen. "One challenge is the threat of being shut down at any time by law enforcement. Whether you're a grower, distributor or manufacturer, search and seizure coverage is the best protection for a company's assets."

Drug Testing

Congresswoman Wants to Drug Test the Rich Before Approving Tax Deductions. US Rep. Gwen Moore (D-WI) has called for requiring wealthy Americans to undergo a drug test before approving their tax deductions. Moore said she will file the bill because she is "sick and tired, and sick and tired of being sick and tired, of the criminalization of poverty," referring to efforts pushed by Republican governors and legislators to impose drug testing requirements on people seeking public benefits. "We're not going to get rid of the federal deficit by cutting poor people off SNAP. But if we are going to drug-test people to reduce the deficit, let's start on the other end of the income spectrum."

International

British Public Health Bodies Call for Drug Decriminalization. Two leading public health bodies say drug use is a health issue, not a criminal one, and have called for drug decriminalization. The Royal Society for Public Health and the Faculty of Public Health said that criminalizing drug use has not deterred people from using drugs, and that those harmed by drug use are harmed again by punishment. "We have taken the view that it is time for endorsing a different approach," said Shirley Cramer, chief executive of the Royal Society. "We have gone to our stakeholders and asked the public and tried to gain some consensus from our community and the public, because that is very important." The society has detailed in its new line in the aptly named report Taking a New Line on Drugs.

Thailand Government Proposes Ending War on Meth and Regulating It Instead. Thai Justice Minister Paiboon Koomchaya has suggested removing meth from the country's dangerous illicit drug list and putting it in the same category as medicinal drugs, with controls -- not bans -- on distribution, sale, and use of the drug. Current measures to suppress the drug have not worked, he said. Paiboon's comments came in a discussion of the UN General Assembly Special Session on Drugs (UNGASS), which met in April. "The world has now surrendered to drugs, and has come to think of how to live with drugs. It is like a man suffering from cancer and having no cure and he has to live a happy life with the cancer," Gen Paiboon said. The government has drawn up a bill that would do that, he said.

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