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Medical Marijuana Update

Illinois' first medical marijuana crop comes in, Washington adopts emergency rules for medical marijuana as it merges with the recreational marijuana system, an Ohio initiative still can't get approved, and more.


On Tuesday, San Benito County supervisors backed off from a strong grow ordinance. The supes had previously supported the ordinance to ban outdoor grows, but agreed to back off after hearing from two separate coalitions of counties about recently approved statewide medical marijuana regulation, as well as public speakers. The supes had voted 3-2 to enact the ordinance on September 22.


As of last Friday, the state's first medical marijuana crop was coming in. Shine on, harvest moon. The state's medical marijuana cultivation centers spent the weekend harvesting their first legal crop, and some are already preparing their first shipments to patients. The state has had a medical marijuana law in effect since January 2014, but only now is the medicine about to get to patients.


On Monday, the Ohio attorney general again rejected a medical marijuana initiative's summary language. For the second time, Attorney General Mike DeWine has rejected the summary language for a proposed medical marijuana initiative from Ohio Medical Cannabis Care LLC. DeWine pointed to six defects in the language. The group can resubmit its language once it has addressed them. Click on the link for details on the defects.


Last Thursday, signature gathering for a medical marijuana initiative was underway in Ardmore. The Green the Vote medical marijuana initiative campaign was doing signature gathering there. The group has 90 days to gather 130,000 valid voter signatures to qualify for the November 2016 ballot.


Last Friday, three of the Kettle Falls Five were sentenced to federal prison. The Kettle Falls Five were a family group of medical marijuana patients pursued by federal prosecutors even though both medical and recreational marijuana are legal in Washington. Two were sentenced to a year and a day in federal prison, while a third was sentenced to 33 month. Family patriarch Larry Harvey was also prosecuted, but has died, and a fifth member has already pleaded guilty and been sentenced to 16 months. The three sentenced last Friday are still free while their convictions are being appealed.

On Tuesday, the state issued emergency medical marijuana rules. The state Health Department has just released emergency rules as the state moves to merge medical marijuana into the recreational pot regulatory system. The rules set standards for packaging "High THC compliant products," testing requirements, safe handling, employee training, and labeling. Click on the rules link for all the details.

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

Medical Marijuana Update

California still has some problems with the feds, dispensaries open in Nevada and get licensed in Illinois, an Oklahoma initiative campaign is gearing up, and more.


Last Thursday, a federal appeals court rejected Oakland's lawsuit backing the Harborside dispensary. The 9th US Circuit Court of Appeals has upheld a lower court ruling dismissing Oakland's lawsuit against the Justice Department and the Northern California US Attorney's office. The city had argued that closing the dispensary would deprive it of tax revenues and increase crime by creating a black market for marijuana. Then US Attorney Melinda Haag moved in 2012 to seize Harborside, claiming it violated federal law by selling medical marijuana. The case continues even though the Justice Department has since said it generally wouldn't interfere with state marijuana laws.

Last Friday, the Marin Alliance for Medical Marijuana sought relief in federal court from a permanent civil injunction barring it from operating. Dispensary founder Lynnette Shaw cited last December's passage of the Rorhabacher-Farr amendment, which bars the Justice Department from interfering with state medical marijuana laws, in filing the motion for relief.


Last Thursday, Colorado patients sued over the state's refusal to include PTSD as a qualifying condition. Five PTSD patients filed suit against the state Board of Health over its decision not to include PTSD on the state's medical marijuana eligibility list. The board and the Department of Public Health and Environment, which is also named in the complaint, now have 21 days to respond.


On Tuesday, the state issued its first dispensary license. The state Department of Financial and Professional Regulations has granted a dispensary license to the Harbory in Marion. Another dispensary is under construction in Milan, but has yet to be licensed. There will be more to come. "Illinois medical cannabis dispensaries will continue to be registered on a rolling basis," said the DFPR in a statement. "Illinois medical cannabis dispensaries will receive medical cannabis exclusively from Illinois' licensed growing facilities once it becomes available."


On Monday, one group planning a legalization initiative said it would instead focus on medical marijuana. The Michigan Responsibility Council, which had been considering running a third legalization initiative campaign in the state, has decided to instead focus on an initiative aimed at improving the state's medical marijuana law. Two other groups are continuing with their marijuana legalization efforts.


On Monday, the first Las Vegas dispensary opened for business. A spokesman for Euphoria Wellness said Thursday the dispensary had won final state and county approvals this week and would open for business Monday. It will be the first dispensary in Clark County. The first dispensary in the state opened last month in the Reno suburb of Sparks.

On Wednesday, Reno's first dispensary opened for business. Sierra Wellness Connections opened near downtown Reno. It is the first one in the city and the third one in the state. One in nearby Sparks opened earlier this month, and one in Las Vegas opened Monday.


Oklahoma Medical Marijuana Initiative Coming. Medical marijuana advocates filed papers with the state last Friday indicating they are preparing another initiative petition drive to put the issue before the voters. Once the initiative is approved for circulation, proponents will have 90 days to gather 123,000 valid voter signatures to qualify for the November 2016 ballot. A similar effort fell short in 2014. This one is being run by a group called Green the Vote.

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

Chronicle AM: First Las Vegas MedMJ Shop, Peru Restarting Drug Plane Shootdowns, More (8/21/2015)

A Wisconsin tribe moves toward legal marijuana, Oakland's effort to back the Harborside dispensary gets shot down in federal court, Peru wants to shoot down drug planes again, both major Kentucky governor candidates want to drug test welfare recipients, and more.

Peru claims a ton a day of cocaine is being flown out of the country. (gob.es)
Marijuana Policy

California NAACP Files Legalization Initiative. The civil rights group has filed the Community Act to Regulate, Control and Tax Cannabis, the latest addition to the growing list of legalization initiatives filed in the state. Reports are that the initiative is not designed to compete with the still long-awaited proposal from ReformCA, of which the California NAACP is a member, but to submit model language in support of the broader effort. The initiative would legalize up to an ounce and allow personal grows of up to 25 square feet, as well as allow marijuana commerce.

Wisconsin's Menominee Tribe Votes to Legalize Marijuana on Reservation. Tribal members overwhelmingly approved two advisory questions on whether the tribe should legalize marijuana on its reservation. Recreational marijuana was approved 677 to 499, while medical marijuana was approved 899 to 275. The matter now goes to the tribal legislature, which, given the vote, will likely approve ordinances allowing for marijuana.

Medical Marijuana

Federal Appeals Court Rejects City of Oakland Lawsuit Backing Harborside Dispensary. The 9th US Circuit Court of Appeals has upheld a lower court ruling dismissing Oakland's lawsuit against the Justice Department and the Northern California US Attorney's office. The city had argued that closing the dispensary would deprive it of tax revenues and increase crime by creating a black market for marijuana. Then-US Attorney Melinda Haag moved in 2012 to seize Harborside, claiming it violated federal law by selling medical marijuana. The case continues even though the Justice Department has since said it generally wouldn't interfere with state marijuana laws.

First Las Vegas Dispensary Set to Open Monday. A spokesman for Euphoria Wellness said Thursday the dispensary had won final state and county approvals this week and would open for business Monday. It will be the first dispensary in Clark County. The first dispensary in the state opened last month in the Reno suburb of Sparks.

Drug Testing

Both Major Kentucky Gubernatorial Candidates Want to Do Welfare Drug Testing. Democratic Attorney General Jack Conway has joined Republican gubernatorial nominee Matt Bevin in calling for drug testing of some welfare recipients. "I don't want to see our tax dollars going to support drug addiction," Conway, the Democratic front-runner, said Thursday. But Conway called for suspicion-based drug testing, while Bevins called for random testing, and Conway rejects drug testing Medicare recipients, while Bevins is for it.


Peruvian Congress Approves Shooting Down Suspected Drug Planes. The Congress voted unanimously Thursday to allow military planes to shoot down suspected drug flights. Drug-fighting President Ollanta Humala is expected to sign the bill. Peru claims a ton of cocaine a day is flown to Bolivia. Peru used to shoot down drug planes, but stopped after one of its pilots in a CIA-run program shot down a small plane carrying US missionaries, killing US citizen Roni Bowers and her infant daughter, Charity.

Russia Threatens to Ban Wikipedia Over Drug "How To" Entry. Russia's online censor, Roskomnadzor, says it will ban the entire website from Russia unless it removes or blocks access to an article about how to make a marijuana preparation. The censor has also recently gone after Reddit and YouTube over similar postings. Click on the link for more.

Canada's NDP Would Decriminalize Marijuana "Right Away." New Democratic Party leader Thomas Mulcair said Thursday that "the NDP's position is decriminalization the moment we form a government" and that "it's something we can do right away." The NDP is leading most polls in the elections set for October. The Liberals under Justin Trudeau have called for outright legalization, but they're polling third, behind the Conservatives, who have taken a hard line opposing any moves at drug liberalization.

Dusseldorf Moves Forward on Legal Marijuana Sales Plan. Councilors in the German city Wednesday approved a pilot project to sell marijuana to adults. The move was a joint effort by the three parties that form the city's governing coalition, the Social Democrats, the Free Democrats, and the Greens. A similar move is afoot in Berlin, Germany's largest city, where councilors in the Friedrichshain-Kreuzberg district applied for a marijuana license in June.

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

Chronicle AM: OR Gov Signs Marijuana Sales Bill, More British Cops Turning Blind Eye to Marijuana, More (7/28/15)

Any adult will be able to buy marijuana at Oregon dispensaries beginning October 1, some British police are moving toward de facto decriminalization, dirty Philly cops beat a corruption rap and are now suing city officials, and more.

Oregon Gov. Kate Brown (D) has signed a bill allowing recreational marijuana sales at dispensaries beginning October 1. (or.gov)
Marijuana Policy

Oregon Governor Signs Bill Allowing Recreational Marijuana Sales to Begin October 1. Gov. Kate Brown (D) has signed into law Senate Bill 460, which will allow medical marijuana dispensaries to begin selling marijuana to all adults on October 1. Pot shops other than existing dispensaries won't come on line until next year.

Medical Marijuana

Michigan Supreme Court Says Medical Marijuana Card Doesn't Grant Sweeping Immunity, But… In a pair of cases regarding medical marijuana caregivers, the state's high court has ruled that the medical marijuana law does not grant sweeping immunity to cardholders, but sent the cases back to lower courts to determine whether the defendants are entitled to immunity. The court seems to be getting tired of medical marijuana. It has addressed the issue nine times in the past seven years. "The many inconsistencies in the law have caused confusion for medical marijuana caregivers and patients, law enforcement, attorneys, and judges, and have consumed valuable public and private resources to interpret and apply it," wrote Justice Bryan Zahra.

Law Enforcement

Acquitted Philly Cops Sue City Officials for Defamation. Five members of a notorious Philadelphia Police dope squad who managed to avoid federal corruption convictions and who have won the right to return to work are now suing the district attorney, the mayor, and the police commissioner. They say they were unfairly maligned and fired. After numerous reports of corrupt activities, DA Seth Williams began refusing their cases in 2012 and that "started a gigantic, destructive avalanche of severe and permanent wrongs, damages and injustices" that continues to affect the officers today," their attorney wrote. They had been accused of routinely beating drug suspects, stealing money, and lying on police reports. One member of the squad pleaded guilty and testified against the others, but the jury did not convict.


Three More British Police Forces Will Basically Ignore Small Pot Grows. Police in Derbyshire, Dorset, and Surrey are joining police in Durham in quietly turning a blind eye to small-scale marijuana cultivation and use. While the Conservative government continues to have a hard-line stance on marijuana, the cops say they have better things to do. "On the list of priorities cannabis moves a long way down the chain," one police official explained.

Chronicle AM: Reuters on West African Meth, Brit Pot Petition Goes Viral, Mexico Ibogaine Conference, More (7/27/15)

Lot's of international news today, plus Minnesota gets a second dispensary, Vermont seeks to prohibit more new synthetics, New Hampshire is worried about heroin, and more.

Iboga, the African herb from which ibogaine is derived (ibogaineconference.org)
Medical Marijuana

Kettle Falls Five Member Gets 16 Months in Federal Prison. They grew medical marijuana in a state where it is legal -- heck, even recreational is legal in Washington -- but were prosecuted by zealous federal prosecutors operating out of Spokane. Now, after pleading guilty and testifying for the federal government against fellow members of the five, Jason Lee Zucker has been rewarded with 16 months in federal prison. Assistant US Attorney Caitlin Baunsgard said last Friday Zucker's testimony was "integral" to obtaining convictions against his co-defendants and urged the lighter sentence. He could have been sent to federal prison for five years. Three of the other Kettle Falls Five face sentencing in October after being found guilty and are looking at up to 20 years. The fifth member, family patriarch Larry Harvey, saw charges against him dropped after he was diagnosed with terminal cancer.

Second Minnesota Dispensary Opens for Business. The state's first medical marijuana dispensary outside of the Twin Cities, Minnesota Medical Solutions in Rochester, opened last Thursday. A Minneapolis-area dispensary opened earlier this year.


Global Ibogaine Conference to Be Held in Mexico in March 2016. The conference will take place in the charming hipster town of Tepoztlan, about an hour south of Mexico City, and will feature speakers including Claudio Naranjo, Stanton Peele, and Andrew Tatarsky. Click on the link for all the conference and registration information.

New Synthetic Drugs

Vermont to Add 75 New Synthetic Drugs to Controlled Substances List. State officials are set to outlaw 75 new synthetic drugs after earlier moves against synthetics resulted in new ones being produced. "The people who design and create what people think of designer drugs are very creative chemists," said State Toxicologist Sarah Vose. "And they can change molecules very easily to avoid being regulated," Vose said. "So the updates to this list are an attempt to keep ahead of that trend in designer-drug creation." The new list of regulated compounds includes stimulants, depressants and hallucinogens. Among the soon-to-be-illegal compounds is acetyl-fentanyl, a derivative of a powerful opiate. The Legislative Committee on Administrative Rules will convene a hearing on the regulated drug rule proposal next week.

Drug Policy

Poll Finds Drug Abuse Second Most Pressing Problem in New Hampshire. Concerns about drug abuse were second only to concerns about the economy for New Hampshire residents surveyed in a WMUR Granite State Poll released last Thursday. Some 25% of respondents said the economy was the main concern, while 14% said drug abuse. Pollster Andy Smith said it was the most concern he's heard about drugs in the 15 years he's conducted the survey. But respondents were divided on what to do about it, with 42% saying the government should spend more to address heroin use, 20% saying the government is spending enough, and 38% saying they didn't know enough to respond.


Reuters Does In-Depth Report on Meth in West Africa. The press agency has produced a fairly comprehensive look at the rise of meth, meth trafficking, and meth production in the region. Click on the link to read the whole thing.

Israel to Make Medical Marijuana Available By Prescription, Will Be Sold in Pharmacies. Deputy Health Minister Yakov Litzman said Monday that medical marijuana will be available in pharmacies and more doctors will be allowed to prescribe it. "There are already pharmacies that dispense all sorts of other drugs, such as morphine. There is order with that, and there will be order with this," Litzman said. "There will be registration, and we'll supervise it, but it will be according to a standard, like a drug. Right now, we're in a case at the High Court of Justice because of the growers, and we'll issue a tender for the growers. I hope we get approval from the High Court of Justice. We'll fight aggressively to allow this to get out," Litzman emphasized. "The growers will also be stronger. As soon as there is a tender, it shifts to selling a drug by prescription, and I'm sure it will be accepted. We have a lot more work and much more to do, but this is my headline."

More Than One Quarter of Italian Parliamentarians Support Marijuana Legalization Proposal. Some 250 of Italy's 945 members of parliament have endorsed a bill that would legalize marijuana. The proposal would allow anyone 18 or older to grow up to five plants at home or to join a "cannabis social club" with a joint garden of up to 50 people and 250 plants. Marijuana produced by home gardeners or social clubs could not be sold, but marijuana stores would make pot available at retail, with people allowed to possess up to 15 grams at home and to carry up to five grams with them. The proposal has support across Italy's political spectrum, but it remains to be seen if it can pass.

Online Petition Calling for Marijuana Legalization Will Force UK Parliament to Respond. More than 150,000 Britons have signed a government-authorized online petition calling for the total legalization of marijuana. Like the change.gov petition process in the US, policymakers must respond if a certain signature level -- in this case, 100,000 -- is reached. The signatures have come in just five days. The petition now goes to the House of Commons petition committee, which has the power to press for action from the government or the parliament -- or not. But at least the petition committee will have to formally address it.

Santa Muerte Goes to Court: The Curious Case of the Narco Saint's Prayer [FEATURE]

special to the Chronicle by Houston-based investigative journalist Clarence Walker, cwalkerinvestigate@gmail.com

Does praying to a "narco saint" constitute evidence that someone is a drug trafficker? In an unusual case out of the 10th US Circuit Court of Appeals in Denver, the court said "no." In overturning the conviction of the woman doing the praying, the court both acted to protect First Amendment freedoms and opened a window into Santa Muerte, the unofficial Saint Death venerated by hundreds of thousands, possibly millions, of poor Mexicans, some of whom are members of the criminal underworld.

Santa Muerte shrine, Nuevo Laredo (wikipedia/not home)
The case,US v. Medina-Copete and Goxcon-Chagal, unfolded on June 28 2011, when New Mexico State Police Sergeant Arsenio Chavez pulled over a truck with Nevada plates on I-40 in Albuquerque for failing to maintain adequate distance from the vehicle ahead of it. According to court testimony, Chavez felt suspicious when he noticed the occupants appeared nervous, and the woman riding on the passenger side could be heard reciting a handwritten prayer she held in her hands.

In the truck were Tulsa residents Rafael Goxcon-Chagal and Maria Medina-Copete. Also in the truck, stashed in a secret compartment, were two pounds of 90% pure methamphetamine. The couple, who had borrowed the truck, denied any knowledge of the drugs, but they were nonetheless charged with trafficking meth. They were convicted in August 2012 for conspiracy to distribute more than 50 pounds of meth and firearms possession. They were sentenced to 15 years in federal prison.

The prayer the woman was reciting was to Santa Muerte, and the fact the she directed her adorations toward the Mexican "narco saint" helped convict her of drug trafficking.

Who is Santa Muerte?

For years, religious experts and law enforcement authorities have called Santa Muerte a "narco saint," worshipped by drug traffickers and who believe she has the power to protect them from their enemies -- who range from other traffickers to the police.

Santa Muerte is typically portrayed as a skeletal woman, wearing robes or a bridal gown, and holding a scythe -- a sort of Grim Reaper figure. For the millions that venerate her, she is a figure of compassion, protection, and unconditional love who will protect her devotees from evil. She is the saint of the marginalized, as well as the criminal.

For the Catholic Church, worship of Santa Muerte is blasphemy. Still, her popularity continues to grow, and each November, thousands of worshippers gather at her main shrine, in the rough and tumble Tepito district of Mexico City to get her blessings and bestow gifts -- both humbly modest and gaudily golden -- on her statue.

She is estimated to have 10 to 12 million devotees, not just in Mexico, but, increasingly, in the US and other Latin American counties as well.

Muerte, the Skeleton Saint."

While it began among the lumpenproletariat of Mexico City and has always been associated with criminals and narcos, the experts concede that Santa Muerte is worshipped by many who are simply poor and on society's fringes.

"Santa Muerte has been used as evidence and used as probable cause in some cases," Chesnut explained. "But she is not just a narco-saint, and many of her devotees aren't involved in criminal behavior. Some drug traffickers pray to Saint Jude, a recognized Catholic Saint, but that deity is rarely brought up in criminal cases," he pointed out.

Chesnut called the appeals court's ruling in the case "a landmark decision," adding that it marked the first time to his knowledge "that a conviction has been overturned because a folk saint was used in trial."

Challenging the "Expert Testimony"

Goxcon-Chagal andMedina-Copete appealed their convictions, with their attorneys arguing that federal prosecutors and the district court judge had subjected them to harmful error by allowing an expert on religious iconography to testify that Santa Muerte was so intimately connected to drug trafficking that Medina-Copete's invocation was evidence the pair knew illegal drugs were secreted in their vehicle.

The expert was US Marshal Robert Almonte, producer of the documentary, Patron Saints of the Mexican Drug Underworld. Almonte is also the author of two books, "Evolution of Narcotic Investigation" and "Managing Covert Operations."

The appellate attorneys also argued that Almonte's testimony about Santa Muerte 's association with narcotics severely undermined the defendants' defense that they had no knowledge of the drugs because the truck had been borrowed from one of Goxcon-Chagal's friend. They argued that the admission of Almonte's testimony violated federal rules of evidence.

Federal prosecutors retorted that the testimony was admissible under rules about evidence relating to "tools of the trade" of the drug business.

The 10th Circuit disagreed. In their ruling last year, the court found that prosecutors had indeed violated the rules of evidence by using Almonte's testimony, which the panel likened to "psychobabble."

The district court had erred in allowing the testimony because "it applied our 'tool of the trade' jurisprudence to Almonte's purported area of expertise without considering whether a prayer could qualify as a 'tool of the drug trade,' " wrote Judge Carlos Lucero for the majority. He is the first Hispanic judge to sit on the circuit.

US 10th Circuit Court of Appeals Judge Carlos Lucero (law.pace.edu)
The lower court also erred because 'it allowed Almonte to testify as an expert based on his experience without considering the relevance or breadth of that experience, thereby eliding the 'facts or data' requirements found under [the rules of evidence], " Lucero continued.

It was a double whammy: The prosecution did not show Almonte knew what he was talking about, and the lower court misinterpreted the rules of evidence to allow religious beliefs to be considered tools of the drug trade.

As a result, Judge Lucero noted, "Almonte's expert testimony characterizing the mere presence of the prayer as a very good indicator of possible criminal activity influenced the outcome of the trial in a prejudicial manner."

Lucero didn't hold back with what he thought of Almonte's testimony, either.

"He essentially painted the defendants in this case as heretics, holding beliefs not recognized by the Catholic Church either in Mexico or the United States. A criminal trial is not a place for a theological disputation on sainthood and the power of prayer. We urge the government to be cautious about appearing to take sides in theological debates," he wrote.

Out of the Frying Pan

While the 10th Circuit's decision reversed Goxcon-Chagel and Medina-Copete's convictions, it didn't free them. Instead they were transferred from federal prison to a federal detention center for retrial.

Things didn't look good for the pair. They had, after all, been caught with the meth, and the appeals court allowed to stand trial testimony from a DEA agent about the unlikelihood of drug traffickers sending loads of drugs with unknowing couriers.

Defense attorneys explored both the circumstances of the traffic stop and any investigations that might have preceded it, but were unable to find wriggle room there.

"Part of the problem is the standard permitting 'pretext stops,'" Goxcon-Chagel attorney Katherine Converse told the Chronicle. "Another problem is the difficulty of learning whether there was any NSA involvement in the stop," she added, referring to recent revelations of NSA intelligence being fed to DEA officers and on to local law enforcement agencies to launch drug investigations against potential suspects.

After lengthy negotiations with federal prosecutors, and without much in the way of a defense to the drug charges, Converse and Media-Copete's attorney advised their clients to take a plea. In February, Goxcon-Chagel copped to the charges and got 7 ½ years; Medina-Cotete, the praying woman, got four. Because of time already served, she's already been released.

And she probably sent a prayer of thanks to Santa Muerte.

Here is the complete hand-written prayer to Santa Muerte recited by and recovered from Maria Medina-Copete:

For protection during a trip
Holy Spirit of Death, I invoke your Holy Name to ask you to help me in this venture.
Make my way over the mountains valleys and paths an easy one,
never stop bestowing upon me your good fortune
weave the destiny so that bad instincts vanish before me because of your powerful protection.
Prevent, Santa Muerte, problems from growing and embracing my heart, my
Lady, keep any illness from embracing my wings (Illegible)
Glorious Santa Muerte be my protector and light my path. Be my
advocate before the redeemer. Be my truth in times of darkness
Grant me the strength and faith to invoke your name
and to thank you now
and forever for all your favors
Oh miraculous Santa Muerte, Niña Blanca of my heart and right arm of god
our lord. Today I come to you with infinite devotion to implore you for
health, fortune and luck
Remove from my path (illegible) that hurts me, envy and misfortune; don't
allow my enemy's slander reach and harm my spirit
may no one prevent me from receiving the prosperity that I am asking of you today
my powerful lady bless the money that will reach my hands and multiply it
so that my family lacks for nothing
and I can outreach my hand to the needy that crosses my path
keep tragedy pain and shortage away from me
this votive candle I will light so that the radiance of your eyes forms an
invisible wall around me
grant me prudence and patience holy lady, Santa Reina de las Tinieblas
("Holy Queen of Darkness") strength, power and wisdom tell the elements
not to unleash their fury wherever they cross paths with me take care of my
happy surroundings and that I want to adorn decorate
in my Santa Muerte

Chronicle AM: Delaware Decriminalizes, Supremes Make Synthetic Convictions More Difficult, More (6/19/05)

The marijuana reform bandwagon rolls through Delaware, federal bills on opiates and racial profiling get filed, the Supreme Court issues an interesting decision on synthetic drug sales, and more.

The Supreme Court clarifies that criminal intent matters. (supremecourt.gov)
Marijuana Policy

Delaware Decriminalizes Marijuana Possession. With the signature of Gov. Jack Markell (D) Thursday night on House Bill 39, Delaware becomes the 20th state to either decriminalize the possession of small amounts of marijuana or make it legal for adults. The new law, which goes into effect in six months, removes the criminal penalties for the possession of up to an ounce by an adult, replacing them with a civil infraction punishable by a maximum $100 fine. For those between 18 and 21, a first offense would be a civil infraction, while any more would be misdemeanors. For people under 18, possession would remain a misdemeanor. Public use would be a misdemeanor punishable by a $200 fine and up to five days in jail. That includes moving vehicles, public areas, and outdoors on private property within 10 feet of street, sidewalk, or any other areas generally accessible to the public.

Missouri Cannabis Conference Next Weekend. Missouri advocacy groups Show Me Cannabis and Missouri NORML are holding a joint conference beginning next Friday in Kansas City. Click on the title link for all the details.

Heroin and Opiates

Federal Bill to Deal With Opiate Use Filed. A bipartisan group of six House members Thursday filed HR 2805 as a multi-pronged effort to grapple with opiate and heroin use. Several other bills on the topic have already been filed. This one would increase prescription monitoring requirements, create an inter-agency task to develop best practices for pain management, create a grant program to increase the number of first responders carrying the opiate overdose reversal drug naloxone, and direct the drug czar's office to establish a public awareness program.

New Synthetic Drugs

Supreme Court Rules People Can't Be Convicted for Selling Synthetic Drugs If It's Not Clear They're Illegal. A unanimous US Supreme Court ruled Thursday that people cannot be convicted for selling synthetic drugs unless prosecutors prove they knew the drugs were prohibited by law. Stephen McFadden had been convicted of violating the Controlled Substance Analog Enforcement Act for selling "bath salts," and a federal appeals court ruled that trial court jury instructions saying he could be convicted if the jury found he intended the drugs for human consumption. But the Supreme Court disagreed, saying prosecutors must prove the defendant knew the substance was either a controlled substance or an analog. The case is McFadden v. United States.

Law Enforcement

Federal Racial Profiling Bill Introduced. Sen. Ben Cardin (D-MD) Thursday filed S 1610, which would eliminate racial profiling by police officers and promote accountability for state and local law enforcement. The bill also has provisions to eliminate sentencing disparities and promote reentry programs. It has not yet been assigned to a committee.

Chronicle AM: Puerto Rico Okays MedMJ, TX Pot Bills Killed, NV Harm Reduction Bill Moves (5/4/15)

The Supreme Court wants to know what the Obama administration thinks about that lawsuit over Colorado's pot law, a Hawaii dispensary bill is back from the dead and being considered today, a Nevada harm reduction bill advances, a federal drug defelonization bill is introduced, and more.

The high court is considering that lawsuit against Colorado. (wikimedia.org)
Marijuana Policy

Supreme Court Asks For Obama Administration Position on Suit Over Colorado Pot Law. The US Supreme Court today asked for the administration's views on the lawsuit filed by Nebraska and Oklahoma against Colorado's marijuana legalization law. This signals that the high court is taking an interest in the case.

Arkansas Attorney General Rejects Wording of Legalization Initiative. Attorney General Leslie Rutledge last Friday rejected the proposed popular name and ballot title of a proposed legalization initiative. "The Arkansas Industrial Hemp and Medical Cannabis Amendment" did not mention any limits on industrial hemp or medical marijuana use, Rutledge said. Petitioners can submit a revised initiative.

Puerto Rico Governor Signs Executive Order Legalizing Medical Marijuana. Puerto Rican Gov. Alejandro Garcia Padilla Sunday signed an executive order legalizing medical marijuana. The move comes after years of discussion in the US island territory.

Medical Marijuana

Hawaii Dispensary Bill Back from the Dead. Negotiations over the dispensary bill, House Bill 321, collapsed last Friday, but after drama over the weekend, a Senate and House conference committee is set to reconsider the bill today. Sixteen of 25 senators had asked for reconsideration after conference committee chair Sen. Josh Green refused to agree to a final version of the bill. Senate President Donna Mercado then threw him off the committee, and Kim and House Speaker Joseph Souki sent out a letter late Friday saying the bill would be reconsidered today. Click on the link for all the juicy details.

Illinois Advisory Board Votes Against Adding Anxiety and Diabetes. The board has rejected adding anxiety and diabetes to the list of qualifying conditions and diseases, but is still considering whether to add Post-Traumatic Stress Disorder (PTSD).

ACLU to Sue Over Firing of Rhode Island Medical Marijuana Patient. The ACLU of Rhode Island says it plans to file a complaint against an employer who refuses to hire medical marijuana patients, even though it is legal in the state. Lawsuits challenging the firing of medical marijuana users have been turned away in California and Michigan.

Harm Reduction

Nevada Assembly Approves Bill With 911 Good Samaritan, Opiate Overdose Reversal Drug Provisions. The lower house voted last Friday to approve Senate Bill 459, a harm reduction bill containing both provisions allowing greater access to the opiate overdose reversal drug, naloxone, and provisions that would reduce -- but not remove -- penalties for those who report drug overdoses. The Senate has already approved it, but it needs one last vote there after changes in the Assembly. Gov. Brian Sandoval (R) supports the bill.


Federal Drug Defelonization Bill Filed. Rep. Keith Ellison (D-MN) has filed HR 2153, which would make certain federal drug offenses misdemeanors and eliminate the crack/powder cocaine sentencing disparity. The bill has been assigned to the House Judiciary Committee, the House Energy Committee, and the House Education and Workforce Committee.

Chronicle AM: Supreme Court Nixes Roadside Waits for Drug Dogs, DEA Head to Resign, More (4/21/15)

The DEA head is on her way out, the Supreme Court rules on making motorists wait for drug dogs to arrive, Indiana's governor extends an emergency needle exchange, a new report on asset forfeiture abuses in California is out, and more.

The US Supreme Court rules that detaining motorists on the side of the road to wait for drug dogs is illegal. (wikipedia.org)
Marijuana Policy

Washington State Legal Pot Price Declines to $12 a Gram. Pot prices averaged nearly $30 a gram—well above black market prices—when the state's first marijuana retail outlets opened, but that has changed dramatically, according to the State Liquor Control Board. Now, the average retail price of a gram is about $12, as supply expands to meet demand. That's still $336 an ounce, though.

Medical Marijuana

Wyoming Medical Marijuana Initiative Getting Underway. Activists with Wyoming NORML submitted their initiative application with the secretary of state's office Monday. If and when the application is approved, organizers will have until next February to gather 25,673 valid voter signatures to place it on the 2016 general election ballot. A recent poll had support for marijuana at 72% in the Cowboy State.

Asset Forfeiture

New Report Details California Asset Forfeiture Abuses. The Drug Policy Alliance today released a new report, Above the Law: An Investigation of Civil Asset Forfeiture Abuses in California, a multi-year, comprehensive look at asset forfeiture abuses in the state that reveals the troubling extent to which law enforcement agencies have violated state and federal law. The report finds that a handful of LA County cities lead the state in per capita seizures, that some departments rely on asset forfeiture for funding themselves, and that some departments were providing false or incomplete reports to the Justice Department.

Drug Testing

Indiana Welfare Drug Testing Bill Dead. The legislator who unexpectedly proposed adding a welfare drug testing proposal to a social services spending bill has withdrawn it after learning how few people would be tested and how little support there is for it. Rep. Terry Goodin (D-Crawfordsville) said today he would instead seek a study committee to examine how best to fight drug abuse.

Florida Governor Settles on State Employee Drug Testing. Gov. Rick Scott (R) has formally given up on his effort to subject state employees to random, suspicionless drug testing. He reached an agreement Monday with the employees' union that will only allow drug testing in a relative handful of safety-sensitive positions. Of the 1,400 job classifications Scott originally wanted covered, only 267 will be covered.

Harm Reduction

Indiana Governor Extends Emergency Needle Exchange Program. Gov. Mike Pence (R) Monday extended an emergency needle exchange program in Scott County for another 30 days in a bid to get a handle on an injection drug-related HIV outbreak there. The move comes as the legislature heard testimony supporting a bill that would allow similar exchanges elsewhere in the state.

Law Enforcement

DEA Administrator Michele Leonhart Set to Resign. DEA Administrator Michele Leonhart is expected to resign soon, a unnamed "senior administration official" told CBS News this morning. The embattled DEA head has been under fire for years over her leadership of the scandal-ridden agency, but it was her performance at a Capitol Hill hearing last week that sealed her fate. Click on the link to read our feature story on this.

Supreme Court Says Detaining Motorists to Wait for Drug Dogs to Arrive is Not OK. In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures. Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely—the ostensible reason for the stops. "A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said. Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote. "A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said. Click on the link to read our newsbrief and view the ruling itself.


Mexicans Capture Gulf Cartel Leader. Mexican authorities confirmed over the weekend that they had captured Jose Tiburcio Hernandez Fuentes, who they described as a Gulf Cartel leader responsible for much of the recent violence in the border city of Reynosa. He was caught despite a shootout between Mexican soldiers and police and around 60 cartel gunmen who tried to rescue him. The Mexicans caught a key Juarez Cartel leader just a day earlier. 

Holding Motorists on Highway to Await Drug Dog Searches Not OK, Supreme Court Rules

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

In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures.

In the decade since the Supreme Court held in Illinois v. Cabellas that a drug dog sniff of a vehicle that did not extend a traffic stop was not a search under the meaning of the Fourth Amendment, law enforcement agencies across the country have routinely detained drivers on the roadside awaiting arrival of a drug dog, then used drug dog alerts as "probable cause" to allow vehicle searches.

The practice left motorists in a legal limbo where there was no actionable cause to detain them, but they were not free to be on their way. Today's ruling from the Supreme Court says that is not okay.

Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely -- the ostensible reason for the stops.

"A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said.

Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote.

"A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said.

The ruling came in Rodriguez v. US, in which Dennys Rodriguez had been pulled over in Nebraska for a traffic infraction. He was issued a warning ticket for driving on the shoulder of the road, but then made to wait on the roadside for the arrival of a drug dog 10 minutes later. After the drug dog alerted, his vehicle was searched, methamphetamine was found, and he was charged and convicted.

While the decision is a boon to motorists, it's not a get-out-of-jail-free card for Rodriguez. The evidence derived from the drug dog search has been thrown out, but his case remanded to the lower courts, prosecutors will still have a chance to try to prove there was other reasonable suspicion to think he was carrying drugs.

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