Federal Courts

RSS Feed for this category

Chronicle AM: Mexico Drug War Violence Roils Reynosa, RI MJ Commission Expanded, More... (6/8/17)

A Rhode Island legislative commission studying marijuana legalization gets an expanded membership, including more seats favorable to legalization, cartel infighting leaves a bloody toll in Reynosa, British public health experts call for festival pill testing, and more.

No let up in prohibition-related violence along the Rio Grande. (Borderlands Beat/Creative Commons)
Marijuana Policy

Rhode Island Legalization Commission Gets Expanded. The House Judiciary Committee has voted to expand the membership of a commission studying legalization by adding five more people. The five new members will add heft to the commission's pro-legalization contingent. They include the head of the local NAACP branch, a representative of Doctors for Cannabis Regulation, a criminal defense attorney, and the director of the local chapter of Direct Action for Rights and Equality. This brings the size of the commission to 22. The panel would report recommendations on legalizing marijuana to the General Assembly by March 2018.

Drug Policy

Wisconsin Seeks to Keep Locking Up Pregnant Women Suspected of Drug Use Despite Court Ruling. The state Department of Justice has asked the 10th US Circuit of Appeals to let it continue to apply a law allowing it to detain pregnant women it suspects of drug use even though a US district court judge struck it down in April. State officials first sought an emergency stay to block the ruling while they appeal, but when that was denied Monday, on Tuesday they asked to continue to apply the law to pending cases while it appeals the denial to the US Supreme Court.

International

British Public Health Group Calls for Pill Testing at Festivals. Citing the danger of "serious health harm" from stronger ecstasy in the UK, the Royal Society for Public Health is calling for a program to allow festival goers to test their drugs on site. The society reported than a one-off pill testing pilot program last year resulted in 18% of people bringing their drugs in deciding to through them in the garbage after they turned out to be counterfeit or adulterated.

Mexico Drug War Violence Continues to Roil Reynosa. At least 50 people have been killed in the past month in the Mexican border town of Reynosa, just across the Rio Grande River from McAllen, Texas, according to unofficial counts in local media. Most of the dead are reportedly gunmen from rival factions of the Gulf Cartel, who are fighting for control of local drug trafficking routes, but at least one civilizan -- a taco cart vendor -- is among the dead.

Chronicle AM: Supreme Court Restricts Forfeiture, Rejects College Drug Test Bid, More... (6/6/17)

The Supreme Court makes two good drug policy-related rulings in one day, the California Assembly approves both a marijuana "sanctuary" bill and a supervised injection site bill, last-ditch efforts to free the weed in Connecticut hit a bump, and more.

The Supreme Court rules favorably on two drug policy-related issues. (Wikimedia)
Marijuana Policy

California Assembly Passes Marijuana "Sanctuary" Bill. The Assembly has approved Assembly Bill 1578, which would prohibit state resources from being used to help enforce federal marijuana laws that conflict with state law. The bill from Assemblyman Reggie Jones-Sawyer (D-Los Angeles) now goes to the state Senate.

Connecticut Legalization Measure Still Stalled. The last-ditch effort to get legalization passed through the budget process broke down early Monday just minutes before a press conference announcing a compromise was to be announced. Rep. Melissa Ziobron (R-East Haddam) complained that she didn't see a copy of the legalization amendment until just minutes earlier, when she learned that Rep. Josh Elliot (D-Hamden) and other Democrats had been crafting the measure since last Friday. "This isn't about headlines. This isn't about a news conference," Ziobron said. "This is about what's good for the state of Connecticut, and doing it last-minute, doing it in a way that is not bipartisan, is very worrisome and should be for every single person in this state."

Nevada Republicans Kill Governor's Pot Tax Bill. A bill supported by Gov. Brian Sandoval (R) that would have imposed a 10% tax on recreational marijuana sales has been defeated in the Senate after Republicans refused to support it because of unrelated budget issues. The vote was 12-9 in favor, but because it was a budget bill, it needed a two-thirds majority, or 14 votes, to pass.

Medical Marijuana

Florida Governor Uses Line-Item Veto to Kill Medical Marijuana Research Projects. Gov. Rick Scott (R) used his line-item veto power to kill three line items that would have provided more than $3 million dollars to the Moffitt Cancer Center and the University of Florida for medical marijuana research. In his veto message, Scott wrote that the institutions had plenty of money to fund the research on their own.

Asset Forfeiture

Supreme Court Restricts Asset Forfeiture in Drug Cases. In a decision handed down Monday, the US Supreme Court has moved to restrict prosecutorial efforts to seize money or goods from drug defendants. In Honeycutt v. US, brothers Terry and Tony Honeycutt were convicted of selling methamphetamine precursor chemicals, and the feds then swooped in to seize $200,000 of the estimated $270,000 profits from the sales. But they then sought to seize the remaining $70,000 from Terry Honeycutt, who was only an employee at his brother's hardware store, and that crossed a line, the court said. "Congress did not authorize the government to confiscate substitute property from other defendants or coconspirators," Sotomayor said. "It authorized the government to confiscate assets only from the defendant who initially acquired the property and who bears responsibility for its dissipation."

Drug Testing

Supreme Court Refuses to Hear Appeal from Missouri Tech College That Wanted to Drug Test All Students. The US Supreme Court on Monday declined to hear an appeal from the State Technical College of Missouri of an appeals court ruling that its mandatory drug testing policy is unconstitutional when applied to all students. Lower courts had upheld mandatory suspicionless drug testing of only a handful of the school's disciplines where safety was a key element. "This case establishes -- once and for all -- that under the Fourth Amendment, every person has the right to be free from an unreasonable search and seizure, including college students," the ACLU, which filed the class-action lawsuit in 2011, said in a statement Monday.

Harm Reduction

California Assembly Passes Supervised Injection Sites Bill. The Assembly last Thursday approved Assembly Bill 186, which would allow for the provision of supervised drug consumption sites. The pioneering harm reduction measure sponsored by Assemblywoman Susan Talamantes Eggman (D-Stockton) now moves to the state Senate. "California is blazing a new trail toward a policy on drug addiction and abuse that treats it as the medical issue and public health challenge that it is, and not as a moral failing," said Talamantes Eggman. "We are in the midst of an epidemic, and this bill will grant us another tool to fight it -- to provide better access to services like treatment and counseling, to better protect public health and safety, and to save lives."

Chronicle AM: No Fed $$$ for Anti-MedMJ, MA Docs Call for Safe Injection Sites, More... (5/2/17)

Congress won't fund federal medical marijuana enforcement in states where it's legal, the Massachusetts Medical Society calls for a pilot safe injection site, a Wisconsin federal judge throws out that state's "cocaine mom" law, and more.

Chris Christie is back to attacking marijuana legalization. (Creative Commons/Wikimedia/Gage Skidmore)
Marijuana Policy

Chris Christie Accuses Democrats of Wanting to "Poison Our Kids" With Pot to Raise Tax Revenues. New Jersey Gov. Chris Christie (R) on Monday criticized efforts to legalize marijuana and claimed Democrats were willing to "poison our kids" to get marijuana tax revenues. A reference to a recent report saying the state could earn $300 million in pot taxes set him off. "This is the part that liberals love the most: We can tax it. Sweet Jesus, we can tax it! More money for us!" Christie exclaime. "I can say this now because I'm not running for anything again: $300 million is nothing. We have a $35.5 billion budget; $300 million is a rounding error. I'm sorry. It's true. Think about it, that's 1 percent, less than 1 percent, of the entire state budget for a year. And we're going to poison our kids for 1 percent more money that they can spend on some God awful, stupid program that they can put in the mailer and send out and say, 'I delivered $300 million more for this.'" There's more, too; just click on the link.

Medical Marijuana

Congress Rolls Out Interim Budget With No Funding for Medical Marijuana Enforcement. The budget bill crafted by Congress to keep the federal government working in the short term includes the Farr-Rohrabacher amendment language barring the spending of federal dollars to enforce federal pot prohibition in states that have legalized medical marijuana. The language is only good through September, though.

Federal CBD Bill Filed. US Rep. Scott Perry (R-PA) on Monday filed House Resolution 2273, which would amend the Controlled Substances Act to exclude cannabidiol (CBD) and CBD-rich plants from the definition of marijuana. It's been referred to the House Judiciary, Financial Services, and Energy and Commerce committees.

Florida House Passes Medical Marijuana Implementing Bill. The House on Tuesday approved a medical marijuana regulation measure, House Bill 1397, after altering several provisions opposed by patients and the industry. The measure removes the ban on using low-THC marijuana products in public, increases the number of dispensaries to 17 statewide, and allows patients to only have to see a doctor once every seven months to get renewed. The bill now goes to the Senate.

Heroin and Prescription Opioids

Baltimore Cops Begin Investigating Overdoses in Bid to Nail Dealers. A task force of five Baltimore police detectives have begun investigating drug overdoses in an effort to build criminal cases against drug dealers. But with 800 fatal overdoses in the city las year, five detectives may not be able to keep up. The state lacks a law allowing prosecutors to charge dealers in the death of an overdose victim, but prosecutors say there exists "a wide range" of ways they can bring related charges.

Harm Reduction

Massachusetts Docs Call for Supervised Drug Consumption Sites. The Massachusetts Medical Society has endorsed lobbying state and federal policymakers to allow the state to begin a safe injection site pilot program. At the group's annual meeting last Saturday, the membership adopted a policy calling for "a pilot supervised injection facility program in the state, to be under the direction and oversight of the state" as well as wider use of naloxone and more treatment for substance use disorder. The policy calls for the organization to lobby for a federal exemption and state legislation to allow such a facility.

Law Enforcement

Federal Judge Blocks Wisconsin "Cocaine Mom" Law. A US district court judge in Madison ruled last Friday that the state's "cocaine mom" law, which allows the state to detain a pregnant woman suspected of drug or alcohol abuse, is so vague as to be unconstitutional. The law is "void for vagueness," Judge James Peterson held. "Erratic enforcement, driven by the stigma attached to drug and alcohol use by expectant mothers, is all but ensured." The law allowed the state to treat fetuses like children in need of protection if the "expectant mother habitually lacks self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, to the extent that there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered." But Peterson ruled that such terminology is not "amenable to reasonably precise interpretation."

International

Uruguay Begins Registering Users to Buy Pot in Pharmacies. The first country to legalize marijuana took another step toward implementing that decision on Tuesday as it opened a registry for people who wish to buy marijuana from pharmacies beginning in July. All potential pharmacy pot customers must register before availing themselves of the service. Pot will go for about $1.30 a gram, with each user limited to 10 grams per week.

Chronicle AM: IL Legal MJ Bill Filed, CA Bill Bars Helping Feds Attack Legal MJ, More... (3/23/17)

Illinois lawmakers want to see marijuana legalization; California lawmakers want to protect marijuana legalization, and more.

Marijuana Policy

California Bill Would Block Cops From Aiding Federal Pot Crackdown. Six Democratic legislators have filed Assembly Bill 1578, which would bar state and local law enforcement from cooperating in any federal enforcement activities aimed at state-legal marijuana operations. "Prohibiting our state and local law enforcement agencies from expending resources to assist federal intrusion of California-compliant cannabis activity reinforces… the will of our state's voters who overwhelmingly supported Proposition 64," said Assemblyman Reggie Jones-Sawyer (D-Los Angeles), the lead author of the new bill.

Illinois Lawmakers File Legalization Bill. A group of Chicago Democratic legislators have filed a marijuana legalization bill by amending an existing bill, House Bill 2353. The measure would legalize the possession of up to an ounce by adults (a half-ounce for non-residents), set up a system of legal marijuana manufacture and distribution $50 per 28 grams on all cannabis flowers, and give state regulators 180 days to get a system up and running.

Law Enforcement

Supreme Court Rules Lawsuit From Man Jailed Over Bottle of Vitamins Can Advance. An Illinois man jailed for two months after police claimed the pills in his vitamin bottle were ecstasy despite lab tests that showed they weren't can continue to pursue his federal civil rights claim, the US Supreme Court ruled Tuesday. Elijah Manuel, who is black, said officers pulled over the vehicle in which he was riding, falsely claimed they smelled marijuana, screamed racial slurs, then claimed their field drug test indicated his vitamins were ecstasy. Police continued to hold him in jail even after other tests verified the pills were not ecstasy until prosecutors eventually dropped the case. "No evidence of Manuel's criminality had come to light in between the roadside arrest and the county court proceeding initiating legal process; to the contrary, yet another test of Manuel's pills had come back negative in that period," according to the opinion. "All that the judge had before him were police fabrications about the pills' content. The judge's order holding Manuel for trial therefore lacked any proper basis. And that means Manuel's ensuing pretrial detention, no less than his original arrest, violated his Fourth Amendment rights."

International

Vietnam Sentenced Nine to Death for Drug Trafficking. A court in Hoa Binh province sentenced nine men to death for trafficking more than a thousand pounds of heroin in a trial that ended Tuesday. Vietnam sentences dozens of people to death each year; about a third of them for drug offenses.

Chronicle AM: CA Faces Plethora of Pot Bills, NM Legalization Bill Advances, More... (2/6/17)

Marijuana-related legislation is moving in several states, the HIA is suing the DEA over hemp foods, Philippines Catholic bishops speak out against drug war killings, and more.

The Hemp Industry Association is suing the DEA (again) over hemp foods. (thehia.org)
Marijuana Policy

Alaska On-Site Consumption Not Dead Yet. Last Wednesday, the Marijuana Control Board shot down a proposal that would have allowed for Amsterdam-style cannabis cafes, but a day later, the state's Department of Economic Development clarified in a press release that the decision didn't amount to a permanent ban on such businesses. The department encouraged marijuana businesses that want to allow on-site consumption to continue filing relevant paperwork, even though there is not yet an alternative proposal to regulate businesses allowing on-site consumption.

After Legalization, California Faces a Plethora of Pot Bills. The passage of Prop 64 appears to have left as many questions as answers, and legislators in Sacramento are working to address them with at least nine bills filed already. The proposals range from efforts to reconcile the medical marijuana and legal marijuana regulatory systems to protecting non-union workers to helping pot businesses gain access to financial services and beyond. Click on the link to see the full list of bills and accompanying discussion.

New Mexico Legalization Bill Wins House Vote. The House Consumer and Public Affairs Committee voted to allow a legalization measure, House Bill 89, to keep advancing through the House. The committee made no recommendation for or against. The bill still faces to more committee votes before it can head for a House floor vote. "This is the one thing we can do this year that will instantly inject a massive amount of money into our economy and create jobs right away," said bill sponsor Rep. Bill McCamley (D-Mesilla Park).

New York Legalization Bills Filed. A pair of identical bills to legalize marijuana for adults and allow for legal, taxed, and regulated marijuana commerce have been filed in Albany. They are Senate Bill 3040, with Sen. Liz Krueger (D-Manhattan) as primary sponsor, and Assembly Bill 3506, with Assemblymember Crystal Peoples-Stokes (D-Buffalo) as primary sponsor.

Wyoming House Votes to Cut Pot Penalties. The House voted Saturday to approve House Bill 197, which would reduce the penalty for possession of three ounces of marijuana or less. The bill now moves to the Senate.

Medical Marijuana

Washington Bill to Allow Medical Marijuana Use at School Wins Committee Vote. The House Health Care and Wellness Committee approved "Ducky's Bill," House Bill 1060, last Friday on a 13-3 vote. The bill is named after an elementary school student who can only attend half-days of class because of intractable epileptic seizures. It would require school districts to allow students to use medical marijuana on school grounds, on a school bus, or while attending a school-sponsored event. A companion measure has been filed in the Senate, but has not moved yet.

Hemp

Hemp Industries Association Sues DEA Over Illegal Attempt to Regulate Hemp Foods as Schedule I Drugs. The Hemp Industries Association (HIA) has filed a motion to hold the Drug Enforcement Administration (DEA) in contempt of court for violating an unchallenged, long-standing order issued by the U.S. Court of Appeals in San Francisco, prohibiting the agency from regulating hemp food products as Schedule I controlled substances. Specifically, the HIA asserts that the DEA continues to operate with blatant disregard for the 2004 ruling made by the Ninth Circuit Court of Appeals, which permanently enjoined the DEA from regulating hemp fiber, stalk, sterilized seed and oil, which are specifically exempted from the definition of "marijuana" in the federal Controlled Substances Act.

Asset Forfeiture

Colorado Bill Would Close Federal Asset Forfeiture Loophole in Most Situations. A bipartisan group of four senators has filed Senate Bill 136, which would require state law enforcement to comply with extensive reporting requirements, but would also prohibit them from entering into agreements to transfer seized property to the federal government unless it amounts to more than $100,000. Law enforcement agencies use federal sharing programs to get around state laws aimed at reining in asset forfeiture procedures. The bill is now before the Senate Judiciary Committee.

Drug Testing

Colorado Companies Shedding Marijuana Drug Tests. The Associated Press is reporting that in the past two years, seven percent of Colorado companies have dropped marijuana from pre-employment drug tests. Would you test someone for alcohol or something like that I mean it's legal like alcohol is. Why would you test someone for marijuana especially if it's legal?" said one small business owner.

Rhode Island Random Welfare Drug Testing Bill Filed. State Sen. Elaine Morgan last Thursday filed a bill that would allow the Department of Human Services to conduct random, suspicionless drug tests on welfare recipients. The bill heads to the Senate Judiciary Committee. It has yet to appear on the legislative website.

International

Israeli Ministers Endorse Bill to Allow Medical Marijuana Exports. The Ministerial Committee on Legislation has endorsed a draft bill to allow the export of medical marijuana. That means the measure will now move forward as a government bill.

Tel Aviv Marijuana Legalization Demonstration Draws Thousands. As the Knesset and the Israeli cabinet ponder marijuana decriminalization, thousands of Israelis gathered in Tel Aviv Saturday night to call for full legalization. At least two Knesset members, Likud's Sharren Haskel and Meretz's Tamar Zandberg, were present.

Philippines Catholic Bishops Issue Pastoral Statement Condemning Drug War Killings. The Catholic Bishops Conference of the Philippines issued a pastoral statement Sunday expressing opposition to President Rodrigo Duterte's campaign of killings of drug users and sellers. The bishops called on Filipinos to follow the basic teaching of the Church. The full text of the statement is available at the link.

Gorsuch on Grass: Where Does Trump's Supreme Court Pick Come Down on Marijuana? [FEATURE]

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

Where does Donald Trump's pick for the Supreme Court come down on weed? The record is pretty sparse.

Neil Gorsuch hasn't made any known public pronouncements about marijuana policy, and despite his tenure on the 10th US Circuit Court of Appeals in Denver, he hasn't ruled in any cases that directly take up the issue.

But he has ruled on some marijuana cases, and he didn't go out of his way to support freeing the weed in them. And there's at least one marijuana-related case he's ruled on that demonstrates a disquieting deference to law enforcement.

In Feinberg et al. v. IRS, Gorsuch ruled against a Colorado dispensary that sought not to report data about its operation to the IRS because marijuana remains illegal under federal law and it feared incriminating itself. But in passing, he offered some commentary on the legal weirdness of state-legal but federally illegal marijuana commerce.

"This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. Officials at the Department of Justice have now twice instructed field prosecutors that they should generally decline to enforce Congress's statutory command when states like Colorado license operations like THC. At the same time and just across 10th Street in Washington, D.C., officials at the IRS refuse to recognize business expense deductions claimed by companies like THC on the ground that their conduct violates federal criminal drug laws. So it is that today prosecutors will almost always overlook federal marijuana distribution crimes in Colorado but the tax man never will."

And he marveled at the federal government's contortions as it sought to accommodate commerce in a substance it considers illegal.

"Yes, the Fifth Amendment normally shields individuals from having to admit to criminal activity. But, the IRS argued, because DOJ's memoranda generally instruct federal prosecutors not to prosecute cases like this one the petitioners should be forced to divulge the requested information anyway. So it is the government simultaneously urged the court to take seriously its claim that the petitioners are violating federal criminal law and to discount the possibility that it would enforce federal criminal law."

Gorsuch also pointedly noted the provisional nature of the Obama administration's decision to work with -- instead of against -- the states experimenting with marijuana legalization.

"It's not clear whether informal agency memoranda guiding the exercise of prosecutorial discretion by field prosecutors may lawfully go quite so far in displacing Congress's policy directives as these memoranda seek to do. There's always the possibility, too, that the next... Deputy Attorney General could displace these memoranda at anytime."

This is, of course, something of which the marijuana industry and legalization advocates are painfully aware and explains much of the movement's agonizing over the nomination of pot foe Sen. Jeff Sessions (R-AL). A single signature on a new policy memorandum at the Justice Department could throw the industry into chaos.

As Tom Angell notes at the MassRoots blog, Gorsuch ruled in a 2010 case, US v. Daniel and Mary Quaintance, that a couple charged with federal marijuana distribution offenses couldn't use the Religious Freedom Restoration Act as a defense because their claims weren't sincere.

"Numerous pieces of evidence in this case strongly suggest that the [couple's] marijuana dealings were motivated by commercial or secular motives rather than sincere religious conviction... "The record contains additional, overwhelming contrary evidence that the [couple was] running a commercial marijuana business with a religious front."

In other words, if you're trying to run a real marijuana ministry, don't be selling weed.

But it's a 2013 case, Family of Ryan Wilson v. City of Lafeyette and Taser International , that raises disturbing implications that go beyond marijuana policy into the broader realm of police use of force. In that case, Gorsuch held that a police officer's fatal tazing of Wilson, who was fleeing a marijuana arrest, was "reasonable."

"[T]he illegal processing and manufacturing of marijuana may not be inherently violent crimes but, outside the medical marijuana context, they were felonies under Colorado law at the time of the incident... And Officer Harris testified, without rebuttal, that he had been trained that people who grow marijuana illegally tend to be armed and ready to use force to protect themselves and their unlawful investments."

As Angell noted, that ruling in particular had the National Urban League tweeting its concern and calling for close scrutiny of Gorsuch's record within hours of Trump's announcement of his selection.

Overall, Gorsuch hasn't provided a whole lot of hints about how he might rule on cases revolving around the conflict between state and federal marijuana, although he has shown he's aware of it. Any members of the Senate Judiciary Committee representing states where medical or recreational marijuana commerce is legal might want to be asking for some clarification when his confirmation hearings come around.

Chronicle AM: MA Bills Subvert Legalization Init, OR MJ Bill Protects Workers, More... (1/23/17)

A Democratic Massaschusetts state senator is out to seriously undercut the state's new, voter-approved marijuana legalization law, an Oregon bill seeks to protect marijuana users' employment rights, El Chapo gets extradited to the US, and more.

Marijuana Policy

DC Activists Hand Out 8,000 Joints for Trump Inauguration. The same folks who brought you legal marijuana in the District were on hand Friday for the inauguration of the incoming president. DCMJ activists handed out nearly double the promised 4,200 joints they promised. A good time was had by all. "Oh yeah, there's 10,000 people who showed up for free marijuana today, so it's really busy," DCMJ founder Adam Eidinger said. "The goal is really to get Donald Trump talking about marijuana, to show the tremendous support. To show that you can have Trump supporters and non-Trump supporters together in unity."

Arizona Decriminalization, Legalization Bills Filed. State Rep. Mark Cardenas (D-Phoenix) filed a bill to decriminalize pot possession (House Bill 2002) and one to legalize marijuana (House Bill 2003). Previous similar bills have never won even a committee hearing, but the state's felony marijuana possession law may finally be out of step with the times enough to give the decrim bill a hearing.

Hawaii Marijuana Legalization Bill Filed.Speaker of the House Joseph Souki (D-District 8) has filed House Bill 205, which "authorizes persons 21 years of age or older to consume or possess limited amounts of marijuana for personal use. Provides for the licensing of marijuana cultivation facilities, product manufacturing facilities, safety testing facilities, and retail stores" and "applies an excise tax on transactions between marijuana establishments."

Maryland Appeals Court Upholds Search Based on Pot Smell, Despite Decriminalization. Even though the possession of small amounts of pot has been decriminalized in the state, the state's highest court has ruled that it remains a banned substance and thus give police probable cause to search a vehicle if they smell it. "Simply put, decriminalization is not synonymous with legalization, and possession of marijuana remains unlawful," Court of Appeals Judge Shirley M. Watts wrote in a unanimous opinion issued Friday. Defendants had argued that police should be required to cite factors leading them to believe the amount they smelled was greater than the 10 grams decriminalized under state law. But the court didn't buy that argument.

Massaschusetts Bills Would Gut Legalization Law. Hardline marijuana foe state Sen. Jason Lewis (D-Winchester) has filed legislation that would deeply curb the ability of state residents to possess and grow marijuana and threaten the ability of recreational pot shops to begin selling a full range of products next year. Lewis would delay the ability of pot shops, now set to open in July 2018, to sell edibles and concentrates for at least two more years, and he would dramatically increase the ability of local governments to reject marijuana businesses. Under the legalization law, they must go to the voters, but Lewis's legislation would undo that. Groups that led the successful November legalization initiative are vowing a vigorous fightback. His package of 14 bills was filed last Friday, the last day to do so.

Oregon Bill to Prevent Pot Smokers From Getting Fired Filed. State Rep. Ann Lininger (D-Lake Oswego) has filed Senate Bill 301, which would override a state Supreme Court decision saying employers can fire marijuana users even though it is legal in the state. The bill would bar employers from requiring workers or prospective workers to "refrain from using a substance that is lawful to use under the laws of this state during nonworking hours."

Virginia Legislators Punt on Decriminalization Bills. A state Senate committee Monday refused to approve a pair of decriminalization bills, instead opting to delay them while the Virginia State Crime Commission studies decriminalization. The bills were Senate Bill 1269 from Sen. Adam Ebbin (D-Alexandria) and Senate Bill 908 from Sen. Louise Lucas (D-Portsmouth).

Asset Forfeiture

Illinois Bill Would End Civil Asset Forfeiture. State Rep. Al Riley (D-Hazel Crest) has filed House Bill 468, which would prohibit the state from seizing property without a criminal conviction. The measure would also block prosecutors from doing an end run around state law by passing cases off to the feds, who then return 80% of the money to the law enforcement agency involved. The bill has been referred to the House Rules Committee.

Drug Policy

California Bill Would Protect Immigrants from Deportation in Low-Level Drug Cases. Assemblywoman Susan Talamantes Eggman (D-Stockton) Monday filed a bill to shield immigrants from deportation for minor drug offenses -- as long as they seek drug treatment or counseling. The bill would adjust state law so that defendants without prior convictions within the last five years could enroll in drug treatment before entering a guilty plea and have those charges wiped from their record upon successful completion. That would prevent them from being considered drug offenders eligible for deportation under federal law. Gov. Jerry Brown (D) vetoed a similar bill last year. The bill is not yet available on the legislative website.

Drug Testing

Missouri College Appeals to US Supreme Court Over Student Drug Testing. Linn State Technical College has appealed to the Supreme Court to overturn federal appeals court rulings that its program requiring mandatory drug testing of all incoming students is unconstitutional. The college has lost at just about every turn in this case, with a federal district court judge issuing an injunction to block implementation of the program, and the 8th US Circuit Court of Appeals rejecting mass, suspicionless drug testing. The appeals court did allow the college to impose testing on students in five safety-sensitive programs.

International

El Chapo Extradited to the US. Longtime Sinaloa Cartel leader and repeat Mexican prison escapee Joaquin "El Chapo" Guzman was extradited to the US last Thursday to face drug and other charges in New York City. "The government of the republic today delivered Mr. Guzmán to the authorities of the United States of America," the Mexican foreign ministry said in a statement.

German MPs Vote to Approve Medical Marijuana. The lower house of parliament last Thursday approved a measure legalizing the medicinal use of marijuana. The law limits the use of medical marijuana to "very limited exceptional cases" and patients will not be allowed to grow their own. Instead medical marijuana will be imported until state-supervised grow operations are set up in Germany.

Medical Marijuana Update

The Hemp Industries Association takes on the DEA over its new coding rule for CBDs, state legislators are busily messing with successful medical marijuana initiatives, and more.

National

Last Friday, the HIA sued the DEA over CBD. The Hemp Industries Association filed a judicial review action against the DEA last Friday over the agency's new rule establishing coding for marijuana derivatives such as CBD cannabis oil. The DEA overstepped its bounds and put at risk a booming cannabis and hemp industry, the suit alleges.

Arkansas

Arkansas House Approves Medical Marijuana Delay. The House voted Tuesday to approve a proposal that would delay implementation of the state's new medical marijuana law. The measure is House Bill 1026. The bill bumps back a 120-deadline from Election Day for the state to issue dispensary and cultivation licenses to 180 days.

Florida

Florida Regulators Issue Draft Medical Marijuana Rules; Initiative Backers Cry Foul. On Tuesday, regulators issued draft medical marijuana rules that had initiative sponsors crying foul. State health officials released draft rules for the state's voter-approved medical marijuana program, but that draft largely leaves current vendors with a stranglehold on the state's industry by applying current laws to the constitutional amendment approved in November, and that isn't sitting well with the people who sponsored the Amendment 2 initiative. "The rule is basically ignoring the text of the constitutional amendment at almost every point of the way," said Ben Pollara, campaign manager of the political committee backing the amendment. The health department will hold public hearings to take input on the rule during the second week of February, with meetings in Jacksonville, Fort Lauderdale, Tampa, Orlando and Tallahassee.

Georgia

Georgia House Forms Medical Marijuana Study Committee. House Speaker David Ralson (R-Blue Ridge) announced Wednesday that a medical marijuana study committee had been formed with Rep. Allen Peake (R-Macon) as its chair. Peake is the author of the state's current limited medical marijuana law and has already announced plans for legislation this year.

North Dakota

North Dakota Senate Approves Medical Marijuana Delay Bill. The state Senate voted 45-0 Tuesday to approve Senate Bill 2154, which would delay some provisions of the state's voter-approved medical marijuana law. Senate leaders said the delay is necessary to develop rules and regulations for the program. The bill now goes to the House.

Wisconsin

As of Monday, Democrats were working on a medical marijuana bill. State Sen. Jon Erpenbach (D) and Rep. Chris Taylor (D) are circulating a medical marijuana after Republican Assembly Speak Robin Vos said he would be open to the idea. Republicans control both houses of the state legislature, and Senate Majority Leader Scott Fitzgerald is not in favor. The Democratic pair have until January 26 to come up with cosponsors and file the bill.

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

Chronicle AM: N. Am. Illegal MJ Market $50+ Billion, AR/ND/ MedMJ Delay Bills, More... (1/18/17)

A new report finds illegal weed is a $50 billion business in North America, Denver begins working on its "social use" ordinance, state legislators move to slow the implementation of medical marijuana, and more.

Marijuana Policy

Estimate Puts Size of North American Pot Market at More Than $50 Billion. A new report from the Arcview Market Research group puts the size of the North American legal marijuana market at $6.9 billion, which is overwhelmed by the $46.4 billion dollar illicit market. Black market marijuana is bigger than wine, which comes in at $38 billion.

States' Effort to Undo Colorado Pot Law Revived. A panel of judges from the 10th US Circuit Court of Appeals in Denver heard arguments Tuesday in a case brought by the states of Nebraska and Oklahoma against Colorado's marijuana law. The hearing suggested judges were open to considering RICO charges against dispensary operators and marijuana cultivation operations. Any decision on the case could take months.

Nevada Governor Announces 10% Excise Tax on Recreational Marijuana. In his final budget speech, Gov. Brian Sandoval (R) announced a 10% excise tax on pot to help support his new budget, which is up 10% from last year's. There's already a 15% is already in place for wholesale purchases, and dispensary operators worry that additional taxes could make the black market stronger.

Denver Begins Work on Allowing Pot Use in Clubs, Other Businesses. A working group of Denver business owners, city regulators, and marijuana foes met together Wednesday to begin crafting regulations to implement the city's voter-approved "social use" ordinance, which will allow clubs, coffee shops, yoga studios, and other businesses to allow marijuana consumption on premises. There is no deadline for finalizing the rules, but advocates hope the city will start accepting applications by the summer.

Medical Marijuana

Arkansas House Approves Medical Marijuana Delay. The House voted Tuesday to approve a proposal that would delay implementation of the state's new medical marijuana law. The measure is House Bill 1026. The bill bumps back a 120-deadline from Election Day for the state to issue dispensary and cultivation licenses to 180 days.

Florida Regulators Issue Draft Medical Marijuana Rules; Initiative Backers Cry Foul. State health officials released draft rules Tuesday for the state's voter-approved medical marijuana program, but that draft largely leaves current vendors with a stranglehold on the state's industry by applying current laws to the constitutional amendment approved in November, and that isn't sitting well with the people who sponsored the Amendment 2 initiative. "The rule is basically ignoring the text of the constitutional amendment at almost every point of the way," said Ben Pollara, campaign manager of the political committee backing the amendment. The health department will hold public hearings to take input on the rule during the second week of February, with meetings in Jacksonville, Fort Lauderdale, Tampa, Orlando and Tallahassee.

North Dakota Senate Approves Medical Marijuana Delay Bill. The state Senate voted 45-0 Tuesday to approve Senate Bill 2154, which would delay some provisions of the state's voter-approved medical marijuana law. Senate leaders said the delay is necessary to develop rules and regulations for the program. The bill now goes to the House.

Law Enforcement

LEAP Changes Its Name, But Not Its Acronym. The drug reform police group Law Enforcement Against Prohibition (LEAP) has now changed its name to the Law Enforcement Action Partnership. "For more than a year, our board and staff have been hard at work to expand into the broader field of criminal justice reform while maintaining a keen focus on our drug policy work. Not only will this expanded scope be a natural fit for our speakers' criminal justice expertise, but it will also help us to become even more effective at moving the drug policy reform conversation forward. And, when you care about something, you want it to be the best it can be. With the right criminal justice reforms, we can do better, for ourselves and for our communities. Our new name reflects the core of our organization," the group said.

New Mexico Bill Would Expand DUI to Include Drugs. Rep. William Rehm (R-Albuquerque) has filed a bill that would target "drugged driving" by setting blood concentration levels similar to those for alcohol for five drugs: marijuana, cocaine, heroin, amphetamine, and methamphetamine. The measure is House Bill 22. But the Drug Policy Alliance, which has opposed similar bills in the past, is raising concerns about this one as well, saying it puts tens of thousands of medical marijuana patients at risk of arrest by setting THC limits unsupported by scientific research.

Stingray: Privacy, Surveillance, the War on Drugs, and Your Phone [FEATURE]

special to Drug War Chronicle by independent investigative journalist Clarence Walker, cwalkerinvestigate@gmail.com

Raymond Lambis is a free man -- at least for now.

He was looking at 10 years to life on federal drug charges, but the case was built on a controversial technology -- "Stingray" -- and in a precedent-setting 2016 decision widely celebrated by legal experts and privacy advocates, a federal judge ruled that use of the device without a search warrant violated the Fourth Amendment's proscription against unreasonable search and seizure.

The decision -- and the technology -- has implications that go far beyond the shadowy world of drug dealers and DEA agents. Stingray is a generic term for a cell-site simulator, a device that can mimic cell towers as a means of tracking down cell phones. Law enforcement can use Stingray to pick up phone calls, voicemail messages, and text messages, and to pinpoint the physical location of a targeted phone to within a few feet.

In the Lambis case, federal prosecutors argued that they didn't need a warrant to use the wide-ranging Stingray, but federal district court Judge William H. Pauley shot them down.

"Absent a search warrant," Judge Pauley held in his 14-page opinion, "the government may not turn a citizen's cell phone into a tracking device."

But that's exactly what DEA agents did to build their case against Lambis. They used Stingray to locate his cell phone inside his family residence, then conducted a warrantless search of his bedroom and uncovered a large amount of cocaine.

Federal prosecutors had a fallback argument -- that even if a warrant were necessary to track Lambis' phone, once his father gave agents at his door permission to enter and Lambis then "consented" to a search, the search should be allowed -- but Pauley wasn't having that, either.

"The procurement of a 'voluntary' consent to search based upon a prior illegal search taints that consent," he held.

US District Court Judge William H. Pauley
But if federal prosecutors have their way, the DEA and other federal agents will be able to do it again. In September, prosecutors from the US Attorneys Office for the Southern District of New York filed an appeal of Pauley's decision with the US 2nd Circuit Court of Appeals.

"We're obviously disappointed about that," Lambis' attorney Alan Seidler told Drug War Chronicle.

So is the Electronic Frontier Foundation. Rebecca Jeschke, a digital rights analyst for the group, told the Chronicle that if the government wins on appeal, everyone's privacy will be eroded.

"As we use cell phones more and more, a successful appeal will touch nearly every American," she said.

A successful appeal would be salt in the wounds of legal scholars and privacy advocates who hailed Pauley's forceful decision in Lambis as a major victory against warrantless surveillance by the government.

"This is the first federal ruling I know of where a judge squarely ruled that the Fourth Amendment required police to get a warrant to use a Stingray, and further, suppressed evidence derived from warrantless use of the technology," ACLU Attorney Nathan Wessler told the New York Times at the time. "After decades of secret and warrantless use of Stingray technology by law enforcement to track phones, a federal judge has finally held authorities to account."

According to an ACLU report, at least 60 state, local, and federal law enforcement agencies in 23 states have used Stingray to suck up citizens' cell phone data.

Stingray in the Lambis Case

According to court documents, the trail to Raymond Lambis' front door began with a DEA investigation into an alleged drug pipeline importing large amounts of cocaine from South America beginning in early 2015. DEA agents obtained a wiretap warrant to glean information about the numbers dialed from a specific cell phone.

After agents obtained the warrant, they monitored messages off a Blackberry between two suspected drug traffickers. During one particular conversation agents overheard a voice referring to someone named "Patilla," whose phone had a 646 area code.

Messages between Patilla and the other, unnamed party indicated that Patilla could supply hydrochloric acid, which is used by traffickers in the heroin-refining process. DEA agents then got a warrant to order the phone company to provide "approximate location," or "cell-site location information" (CSLI).

A frequent complaint of defense attorneys and privacy advocates has been that law enforcement, and DEA agents in particular, will mislead judges into thinking the warrant they sign off on is to get specific cell-site information from a carrier when what agents are really doing is using Stingray to locate a person's phone or actual address. As the Chronicle reported in 2013, "The Stingray technology not only raises Fourth Amendment concerns, it also raise questions about whether police withhold information from judges to monitorcitizens without probable cause.That's what happened in Lambis.

In the Lambis case, DEA Special Agent Kathryn Glover obtained a warrant seeking cell-site data and location information for that 646 phone, but did not tell the judge DEA would be using Stingray to conduct a search to pin down Lambis' exact location.

"So they went to the effort to get a warrant, but then didn't tell the judge they intended to use that same warrant to use a Stingray," ACLU technology specialist Christopher Soghoian told Ars Technica. "It is so important for federal courts to recognize that use of a Stingray is a search of a Fourth Amendment-protected place, and not only is a warrant required, but the court authorizing the surveillance must be told they are authorizing the use of a Stingray."

But the phone carrier's CSLI data, which Agent Glover said in her warrant application would be used to track down the 646 phone, only guided DEA agents to the "general area" of Broadway and 177th Street in Manhattan. To pinpoint the 'house or building where the phone most likely resided with its owner the DEA unleashed Stingray to first zero in on the exact building and then on the exact apartment.

A DEA technician using a hand-held Stingray walked through the building until he picked up the strongest signal -- coming from inside the Lambis apartment. Then, DEA agents knocked on the door, and Lambis' father allowed the gun-toting agents inside. When agents asked if anyone else lived there, the elderly man knocked on his son's door, and Lambis opened it up only to be confronted by the DEA.

Faced by the agents in his home, he then consented to a search of his bedroom, where agents discovered a kilo of cocaine, empty ziplock bags, a scale, and eight cell phones. He was charged with possession of cocaine with intent to distribute and other drug-related charges. It was Lambis' defense motion to throw out that evidence as a result of an unlawful search that led to Pauley's ruling.

The States Aren't Waiting for the Federal Courts

The courts aren't the only place Stingray is running into headwinds. Thanks to decisions like that in the Lambis case, some states have begun passing privacy legislation aiming at protecting citizens' cell phone data from warrantless searches by Stingray or similar cell-site simulators used by police. Among them are California, Illinois, Minnesota, Rhode Island, Virginia, and Washington.

"Citizens have the right to expect that they will not have their personal information investigated by police without a warrant," said Rep. Edith H Ajello (D-Providence) after passage of a 2016 Rhode Island bill that prohibits obtaining cell phone data by cell-site technology.

"Requiring a warrant won't make it difficult for police to do their job," concurred Sen. Donna Nesselbush (D-North Providence). "It's essentially updating search warrant law for the information age."

"As advances in technology enable police to more efficiently investigate and solve crimes, it's important that we help them to know they are following state laws and the Constitution," said Illinois Sen. Daniel Bliss (D-Evanston) upon passage of similar legislation there in 2016. That law, the Citizen Privacy Protection Act, went into effect January 1.

While the states aren't waiting for the federal courts to provide protections, the Lambis decision and related controversies over Stingray technology have created such a firestorm that the Justice Department and the Department of Homeland Security are now requiring agents to obtain a warrant before using Stingray in investigations. But that could change if the appeals court rules in the government's favor. Stay tuned.

Journalist Clarence Walker can be reached at cwalkerinvestigate@gmail.com.

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, 2017 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