Crime & Violence

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Chronicle AM--April 15, 2014

The Obama administration punts on marijuana rescheduling, Maryland's decrim excludes paraphernalia (for now), sneaky DEA tactics are being challenged in Arizona, fears of more cartel violence in Mexico, and more. Let's get to it:

Under Maryland's new decrim law, the pot won't get you busted, but the pipe could. (wikimedia/erik fenderson)
Marijuana Policy

Attorney General Holder Signals Administration Won't Reschedule On Its Own, Wants to Work With Congress. In an interview with The Huffington Post last Friday, Attorney General Eric Holder said the Obama administration would not act unilaterally to reschedule marijuana. "I think that given what we have done in dealing with the whole Smart on Crime initiative and the executive actions that we have taken, that when it comes to rescheduling, I think this is something that should come from Congress," Holder said. "We'd be willing to work with Congress if there is a desire on the part of Congress to think about rescheduling. But I think I'd want to hear, get a sense from them about where they'd like to be."

Maryland Decriminalization Doesn't Include Paraphernalia. The decriminalization bill signed into law by Gov. Martin O'Malley (D) yesterday does not decriminalize the possession of pipes, papers, and other marijuana-smoking paraphernalia. Bill sponsor Sen. Bobby Zirkin (D-Baltimore County) said he intentionally left intact the criminal penalties for having marijuana accessories. He said it could help ensure that if police see marijuana accessories in someone's car, they still have legal grounds to search the car for items like guns and heroin. But he also said the legislature would consider eliminating the paraphernalia penalties next year. In the meantime, prosecutors are trying to figure out how to proceed.

Rhode Island House Committee to Hold Hearing on Bill That Would Regulate and Tax Marijuana Like Alcohol.The House Committee on Judiciary is scheduled to hold a hearing Wednesday on a bill that would regulate and tax marijuana similarly to alcohol. House Bill 7506, sponsored by Rep. Edith Ajello (D-Providence), would allow adults to possess up to one once and grow one plant, as well as establishing a system of legal marijuana commerce. A press conference will precede the committee hearing. Click on the link for more details.

Medical Marijuana

Alabama Governor Signs Limited CBD Medical Marijuana Bill. Gov. Robert Bentley (R) has signed into law Senate Bill 174, also known as Carly's Law. The measure creates an affirmative defense for patients suffering from debilitating epileptic conditions — or their caregivers — for the possession and use of marijuana extracts that are high in CBD. But it doesn’t do anything for other medical marijuana patients.  

Minnesota Poll Has Support for Medical Marijuana at 68%. A new KSTP-TV/SurveyUSA poll finds that 68% of registered voters surveyed think marijuana should be legal when used for medical purposes. The poll comes as legislators struggle to push through a bill in St. Paul.

More Than 70 Oregon Cities Have Dispensary Moratoriums. At least 71 Oregon cities have moratoriums on medical marijuana dispensaries, and more than 40 others are considering bans, according to the League of Oregon Cities and the Association of Oregon Counties. The legislature last year passed a dispensary regulation bill, but some localities don't want dispensaries.  The new law, however, only allows the moratoriums to stay in place for one year.  The state has 242 incorporated cities and 36 counties.

Law Enforcement

Arizona "Whisper Stop" Highway Drug Busts Set Up Constitutional Clash. Defense attorneys in Arizona are challenging "whisper stop" highway drug busts, in which the DEA wants to arrest someone they suspect of trafficking drugs, but don't want to alert possible co-conspirators. In such cases, the DEA alerts local and state police to make the stop, but police and prosecutors have been remiss in failing to inform defendants and their attorneys about the reason for the stop, violating the Brady rule, which requires full disclosure of evidence that might help defendants by prosecutors. "We're about to have a big clash on this," said a Flagstaff defense attorney challenging the conduct. Click on the link for more details.

International

DC Event on "Politics of Crime in Mexico" Tomorrow. The Woodrow Wilson Center for International Scholars and the Inter-American Dialogue are hosting an event tomorrow to present the new book "The Politics of Crime in Mexico: Democratic Governance in a Security Trap," by John Bailey. Click on the link for more details and to RSVP.

Mexican Cartel Conflict Expected to Heat Up in Tamaulipas. At least 30 people have been killed in recent days in fighting pitting factions of the Gulf Cartel against each other in the northeastern state of Tamaulipas. Most of those killing took place around Tampico, in the far south of the state, but in Mexican border towns like Nuevo Laredo, the Zetas are being blamed for an uptick in kidnappings and extortion. Now, there are fears the Zetas could make moves to try to eliminate the Gulf Cartel once and for all, when it is doubly weakened: by the infighting following the arrest of a major Gulf Cartel leader, and by the February arrest of Sinaloa Cartel head Joaquin "El Chapo" Guzman, who was aiding the Gulf Cartel against the Zetas. 

Bermuda Medical Cannabis Activist Asks Jamaica Health Minister for Legal Shipment of Medical Ganja Oil. Bermuda medical marijuana advocate Alan Gordon has sent an open letter to Jamaica's health minister asking for a permit to export enough cannabis oil extract to supply some 300 Bermuda cancer patients with a 2-3 month supply. Gordon said that Bermuda’s Cabinet has previously approved import permits from elsewhere on a per-patient basis, but were experiencing trouble with availability, price and quality which Jamaica seems well suited to alleviate. Gordon has also specified that the oil must be grown organically by Rastafarians, as a matter of social justice and "fair trade" principles.  Gordon says he is not a Rastafarian but says that after the gravely ill patients, first consideration must be given to Rastafarians as a way of expressing society’s remorse for oppression of Rastafarians under the old laws. No response yet from Jamaica.

Chronicle AM -- April 11, 2014

A DC marijuana legalization initiative is about to start signature-gathering, we have a trio of state pot polls, the US Sentencing Commission moves to cut drug sentences, German criminal law professors call for marijuana legalization, and more. Let's get to it:

Marijuana Policy

DC Legalization Initiative Signature Gathering to Get Underway. Signature gathering for the District of Columbia marijuana legalization initiative will begin April 23, the DC Cannabis Campaign said this week. The campaign needs 25,000 valid signatures by July 7 to qualify for the November ballot. An Alaska legalization initiative has already qualified for the ballot there; DC and Oregon now look like the best chances for more legalization initiatives qualifying for the ballot this year.

Louisiana Poll Has Support for Legalization at 44%. The 2014 Louisiana Survey has support for marijuana legalization at 44%, with 54% opposed. Support for medical marijuana was much higher, at 79%. The survey is conducted annually by the Public Policy Research Lab, or PPRL, and sponsored by the Reilly Center for Media & Public Affairs in the LSU Manship School of Mass Communication.

New Hampshire Poll Has Support for Legalization at 55%. There is solid majority support for legalization in the Granite State. A new WMUR Granite State Poll found found 55% of adults in the state support legalizing the possession of small amounts of marijuana for personal recreational use. Only 38% oppose legalization. Support for legalization is up seven points in the last 14 months.

Rhode Island Poll Has Support for Legalization at 48%. More Rhode Islanders support legalization than oppose, but it doesn't quite have majority support just yet, according to a new Brown University poll. The survey has 47.6% supporting legalization, with 39.3% opposed.

Rhode Island Report Says State Could Generate Tens of Millions in Legal Marijuana Tax Revenue. Maybe this will get those poll numbers up. A new report from Open Doors, a local criminal justice reform group, estimates that if the state were to pass a tax and regulate legalization bill, it could gain between $21.5 and $82 million in annual tax revenues. A legal marijuana industry would also create hundreds of new jobs in the state, the report found.

Medical Marijuana

Minnesota Medical Marijuana Bill Gets Senate Committee Hearing, No Action Taken. The Senate Committee on Health, Human Services and Housing held a hearing Thursday on a bill that would allow qualified patients to possess up to 2 ½ ounces of marijuana and buy it from a dispensary. But the committee took no action on Senate File 1641, tabling it until legislators return from the Easter/Passover break.

Tennessee Senate Passes CBD Medical Marijuana Study Bill. The Senate Wednesday approved a CBD medical marijuana study bill. The measure would authorize a limited, four-year study of the effectiveness of cannabis oil on certain types of intractable seizures. A vote is pending in the House.

Drug Policy

Rev. Al Sharpton's National Action Network Convention To Address Drug War. The largest civil rights convention of the year has the war on drugs on its agenda. A panel called "Up in Smoke: Banning of Menthol, Legalization of Marijuana & Criminalization of African Americans" will address racial justice and the war on drugs Saturday. The convention started Wednesday and continues through Monday. Click on the link for all the details.

Salvia Divinorum

Rhode Island Bill to Ban Salvia Divinorum, Jimson Weed Advances. A bill that would ban the hallucinogenic drugs salvia divinorum and jimson weed has passed the House. House Bill 7191, sponsored by Rep. Arthur Corvese (D-Providence) seeks to target unregulated substances by prohibiting them. It now goes to the state Senate.

Law Enforcement

Maine Drug War Enhancement Bill Passes House. The House approved an amended version of Gov. Paul LePage's (R) bill to respond to drug problems in the state by increasing drug law enforcement. Legislative Document 1811 was amended by the Criminal Justice and Public Safety Committee to add funding for drug treatment and reduce the number of new drug agents, prosecutors and judges to be hired, but is still opposed by groups like the ACLU of Maine. The bill now moves to the Senate.

NYPD's Most Sued Narc Is Off the Streets. Detective Peter Valentin of Bronx Narcotics is off the streets. Valentin, who has been sued at least 28 times since 2006, and three of his colleagues have been placed on modified duty after an Internal Affair Bureau investigation for taking part in drug raids "of dubious merit." The city has already paid out at least $884,000 to settle lawsuits sparked by Valentin's misbehavior, including a case where a nursing mother spent a week on Rikers Island after Valentin arrested her for drug possession even though she truthfully stated that the powder he found in her home was powdered eggshells, not drugs. Dozens of cases in which Valentin and his crew were involved are now in jeopardy.

Collateral Sanctions

Missouri Could End Lifetime Food Stamp Ban for Drug Offenders. Missouri is one of only 10 states that have not opted out of a lifetime federal ban on food stamps for people with drug felonies, but that could change this year. A bill to end the ban, Senate Bill 680, passed the Senate last week and appears to have bipartisan support in the House. Bill sponsor Sen. Kiki Curls (D-Kansas City) said she accepted amendments imposing some restrictions -- retaining the ban for three-time drug felons, requiring a one-year wait for eligibility -- as necessary to move the bill forward.

Sentencing

US Sentencing Commission Votes to Reduce Guidelines for Drug Sentences. The US Sentencing Commission voted Thursday to reduce sentencing guidelines for certain people convicted of nonviolent drug offenses. The amendment would reduce the average sentence for drug traffickers by 11 months, by lowering the drug sentencing guidelines two levels. Attorney General Eric Holder endorsed the change during testimony before the commission last month. The amendment will go to Congress for its approval on May 1. Congress has six months to introduce and pass legislation to stop the proposed changes before they become law on November 1.

International

German Criminal Law Professors Call for Marijuana Legalization. Over 120 German professors of criminal law are supporting an initiative to legalize cannabis. They have called on the Bundestag to discuss the issue. The professors are part of the "Schildow Circle," founded two years ago by Lorenz Bollinger, professor emeritus of criminal law at Bremen University. Prime Minister Angela Merkel's coalition is skeptical.

Denmark Opens More Safe Injection Sites. Denmark's first safe injection site for hard drug users opened in October 2012. Now there are three in Copenhagen and at least one in each of Denmark's main cities. They have never had a fatal drug overdose on site.

Mexico Intra-Cartel Clashes Leave 28 Dead. At least 28 people have been killed in clashes between rival factions of the Gulf Cartel in northeastern Tamaulipas state since last weekend. Authorities described the fighting as "clashes or score-settling between criminal groups." The fighting comes after the February arrest of local Gulf Cartel leader Javier Garza, "El comandante 14."

Drug Bill in Australia's Capital Territory Will Ban New Drugs, Adjust Quantities That Trigger Dealing Charges. Under legislation proposed yesterday, Australia's Capital Territory (greater Canberra) will increase the quantity of drugs needed to trigger trafficking charges in a bid to separate out users from dealers. The amount of Ecstasy needed to trigger such charges would double, while the amount of cocaine would triple. The bill would also deal with new synthetic drugs by banning them, instead of regulating them, as neighboring New Zealand has done.

Police Kill Wisconsin Man in "No Knock" Drug Raid

A Red Cedar, Wisconsin, was shot and killed by police during a February drug raid. Although we didn't catch the story at the time, Dennis Grohn, 32, becomes the 13th person to die in US domestic drug law enforcement operations so far this year.

[Editor's Note: We only saw this story when a new story about Grohn's autopsy results came out. We strive to catch every drug war-related death in the US, but we're only as good as our Google news searches, so we once again implore readers to send us any news of drug war deaths they come across. We may have seen them already, but we may not have, either, and we appreciate your input in our bid to be as comprehensive as possible.]

According to The St. Paul Pioneer Press, citing police sources, members of the Dunn County sheriff's office, the West Central Drug Task Force and Eau Claire County Regional Tactical Team hit Grohn's home with a "no knock" search warrant at 2:00am on February 12.

The details of what happened next are sketchy, but Grohn ended up shot and fatally wounded shortly thereafter. He was pronounced dead in the emergency room of the Mayo Health Clinic.

There is no mention in either the initial accounts of the raid or in the autopsy story of Grohn having or brandishing a weapon. But according to the search warrant, police were looking for weapons, as well as methamphetamine, drug paraphernalia, and other indicia of drug sales at his home.

But Dunn County District Attorney James Peterson determined last month that the use of deadly force by the Eau Claire County Regional SWAT team was justified and offered up the following detail:

"According to an investigation done by the State Department of Criminal Investigation, a member of the SWAT team entered Grohn's garage and saw him sitting in a chair. The deputy says Grohn growled and charged him. The men collided, and the deputy shot Grohn once. The two then fell to the floor in a struggle. Another officer told investigators he saw Grohn's hand on the deputy's rifle and that he feared for his own, and the deputy's, life. He then fired one shot at Grohn, killing him. Prior to entering the home the swat team had been advised that this was considered a high risk entry. Grohn had a history of violence toward police officers, weighed 280 pounds, was suspected of having a shotgun and was likely under the influence of meth. Peterson says Grohn was also likely aware he was facing a lengthy prison sentence if he was caught selling meth."
 

The autopsy report on Grohn came out this week, and the Dunn County Medical Examiner's Office said he was "heavily under the influence of methamphetamine at the time of his death," and that the amount of meth in his blood was "near a toxic range." But it wasn't meth that killed Grohn, it was a policeman's gun shot.

Red Cedar, WI
United States

Chronicle AM -- April 3, 2014

British celebrity chef Nigella Lawson is banned from the US for admitting using coke, decrim dies for the year in Maryland, CBD medical marijuana bills continue to move, the resort to the overdose drug naloxone is spreading rapidly, Guatemala's president wants to legalize marijuana and license poppies for the medical market, and more. Let's get to it:

UK celebrity chef Nigella Lawson is too scary to allow in the US because she admitted doing coke. (Brian Minkoff via Wikimedia)
Marijuana Policy

Maryland Decriminalization Bill Killed; Task Force Will Study It Instead. Marijuana decriminalization is dead for the year in Maryland after a bill to do just that -- House Bill 879 -- died without a vote in the House Judiciary Committee. Instead, the committee, led by reform foe Rep. Joe Vallario Jr. (D-Prince Georges), chose to form a task force to study the issue.

Washington State Will Issue First Marijuana Store Licenses by July, Impose Lottery System. Colorado is the only state where you can walk into a store and legally purchase marijuana, but not for long. Washington state regulators announced Wednesday that the first retail marijuana licenses will be issued "no later than the first week of July." The state has already issued licenses to eight growers. After eliminating retail license applications that did not return required documents or were incomplete, the state still has more than a thousand applications for the 334 stores it will allow to open, so it is imposing a lottery system to determine who gets those licenses.

Northern Mariana Islands Senate Ponders Legalization. The Senate of the Commonwealth of the Northern Mariana Islands, a US protectorate, discussed the possibility of legalizing marijuana Wednesday. The Fiscal Affairs Committee touched on legalization when discussing a decriminalization bill, and committee member Sen. Pete Reyes (IN-Saipan) said members had asked the Senate legal counsel to research Colorado's legalization model. "Yes, the committee is tinkering with the idea, whether it's a good idea to legalize it or not. But nothing is final. Nothing is decided," Reyes told The Saipan Tribune.

Medical Marijuana

New Jersey Patient Sues NJ Transit for Denying Him a Job. A former New Jersey Transit worker and medical marijuana patient who was denied a new position with the agency after testing positive for marijuana is suing in hopes of seeing marijuana recognized as a legitimate medication. Charlie Davis, 57, said he was denied both safety sensitive and non-safety sensitive positions with the agency. Courts in other medical marijuana states have generally upheld the rights of employers to fire workers who use medical marijuana even if it is legal.

Illinois Senate Passes CBD Medical Marijuana Bill. A bill that would allow children to use high-CBD cannabis oil to treat epilepsy passed the Senate Wednesday. Filed by Sen. Iris Martinez (D-Chicago), Senate Bill 2636 now heads for the House.

Minnesota TV Ad Attacks Gov. Dayton for Opposing Medical Marijuana. Patients and medical marijuana advocates have unleashed an aggressive TV ad targeting Gov. Mark Dayton (DFL) for standing in the way of medical marijuana legislation. The ad features a St. Paul mother and her seizure-ridden child, whom Gov. Dayton told to just find medical marijuana on the street!

South Carolina House Passes CBD Medical Marijuana Bill. The House Wednesday passed a bill allowing people suffering from severe epilepsy to legally use CBD cannabis oil to control their seizures. House Bill 4803 is less restrictive than a Senate measure passed last week. It's unclear what happens next.

Harm Reduction

Louisiana House Committee Passes Bill to Allow Overdose Reversal Drug. The House Health and Welfare Committee Wednesday passed a bill that would allow first responders to provide the overdose reversal drug naloxone (Narcan). House Bill 754 now heads for a House floor vote.

Every Cop in New York Will Carry Overdose Reversal Drug. Under a new initiative announced today by Attorney General Eric Schneiderman (D), every state and local law enforcement officer in the state will be able to carry with them the overdose reversal drug naloxone (Narcan). The Community Overdose Prevention program will provide police with kits containing two syringes filled with naloxone, two inhalers of the drug, sterile gloves and a booklet on using them. The cost of the kit is roughly $60. Each has a shelf life of about two years.

Some New Jersey Cops to Carry Overdose Reversal Drug. Police throughout Ocean and Monmouth Counties soon will be armed with a drug that can save heroin users from fatal overdose, launching a program officials hope will be adopted statewide in New Jersey. All 32 Ocean County police departments are participating in a pilot program backed by Gov. Christie, who said Wednesday that equipping police with the drug, naloxone (Narcan), would help save lives.

Sentencing

Louisiana House Passes Harsh Heroin Sentencing Bill. The House voted 96-0 Wednesday in favor of a bill that imposes mandatory minimum prison sentence for heroin possession and increases sentences for heroin dealers. But first, it amended House Bill 332 so that, in addition to prison time, heroin users would also have to undergo court-approved drug treatment. Under the bill, heroin possessors would have to do at least two years in prison, while dealers would see their mandatory minimum sentence doubled from five years to 10. The bill now goes to the Senate.

International

Mexican Drug War Victims Criticize Lack of Progress on Tens of Thousands of Cases. Families of drug war victims who were hoping to see concrete policy shifts with the change of administrations a year and a half ago are growing impatient with the lack of progress on tens of thousands of cases of murders and disappearances. An estimated 100,000 Mexicans have been killed since former President Felipe Calderon turned drug prohibition policies into a militarized offensive. The whereabouts of another 26,000 are unknown. They are Mexico's "disappeared". Some are believed to have been kidnapped by criminals, others have vanished after being taken into police custody. Click on the link for the full report.

Guatemalan President Will Present Plan to Legalize Marijuana and License Opium Production. Guatemalan President Otto Perez Molina said Wednesday his country could present a plan before year's end to legalize the production of marijuana and opium poppies. See our news brief today for more detail.

Albanian Cops Try Persuasion in Marijuana-Growing Village. Albanian Police peacefully visited the village of Lazarati this week in a bid to get school children to persuade their parents not to grow marijuana there. Lazarati is described as "a paradise for cannabis growers and criminals," and has been a no-go zone for police for nearly two decades. Villagers in the past have created armed groups to fend off eradication efforts, and even the kids didn't seem too keen on giving up the trade. "If you tell us to convince our parents not to grow cannabis, do you guarantee us that you will provide jobs for them? This is our way of life," one student replied.

British Celebrity Chef Nigella Lawson Denied Entry to US Over Cocaine Use Admission. Nigella Lawson was stopped from boarding a flight from London to the US because of her courtroom confession that she used cocaine. Lawson was never charged with a criminal offense over her confession, but the US can deny travel to foreigners who have committed offenses without being charged.

Guatemalan President Will Present Plan to Legalize Marijuana, Opium Production

Guatemalan President Otto Perez Molina said Wednesday his country could present a plan before year's end to legalize the production of marijuana and opium poppies. His comments came in an interview with Reuters.

Guatemalan President Otto Perez Molina (user surizar via wikimedia.org)
Perez, a conservative and former general, has been a harsh critic of the US-led war on drugs in Latin America, repeatedly denouncing such policies at international forums. He has also previously mentioned the possibility of moving to legalize marijuana and opium production, but has yet to put forward a concrete plan to do so.

But a presidential commission has been studying the issue of reforms in the country's drug laws, and Perez told Reuters he expected the commission to make its recommendations by October and that the measures could be presented by year's end. That could include a bill to legalize drugs, particularly marijuana, Perez said.

"The other thing we're exploring... is the legalization of the poppy plantations on the border with Mexico, so they're controlled and sold for medicinal ends," Perez said. "These two things could be steps taken on a legal basis."

While Afghanistan is by far the world's largest opium producer, accounting for nearly 90% of global production, poppies are also grown in the Western hemisphere -- in Mexico and Colombia, as well as Guatemala. Western hemisphere opium accounts for most of the heroin consumed in the United States.

Perez is keeping a careful eye on his northern neighbor, too. Mexico decriminalized drug possession in 2009, but has been loath to take further steps to end the drug war there, although there are now proposals afoot to legalize marijuana. Meanwhile, Mexican drug trafficking organizations, under pressure in their home country, have expanded their operations in Guatemala and other Central American nations.

Guatemala City
Guatemala

Chronicle AM -- March 31, 2014

Garden State municipal prosecutors say legalize it, an Arizona sheriff has to give back medical marijuana seized rom a patient, Colorado wants to crack down on high plant-count patients, Louisiana takes a resolutely last century approach to heroin, Uruguay is going to seriously track its legal weed, and more. Let's get to it:

This much heroin could get you a two-year mandatory minimum sentence under a bill being considered in Lousiana (wikimedia.org)
Marijuana Policy

New Jersey Prosecutors Say Legalize It. The New Jersey State Municipal Prosecutors Association has come out in favor of legalizing marijuana possession. The support of the prosecutors association comes as two bills were introduced this month in the legislature. The board of trustees of the municipal prosecutors association on February 21 voted to endorse legalization, said its president, Jon-Henry Barr, who is municipal prosecutor in Kenilworth and Clark.

Poll Shows Virginians Split on Legalization, Strongly Favor Medical Marijuana. A new Quinnipiac poll has Virginians narrowly opposed to legalization, with 46% in favor and 48% opposed. Medical marijuana fares much better, with support at 84%.

Wisconsin Decriminalization Bill Filed. Rep. Evan Goyke (D-Milwaukee) and 10 Democratic cosponsors have introduced a decriminalization bill, Assembly Bill 891. It has been referred to the Assembly Committee on Criminal Justice, but is not expected to go anywhere.

Wisconsin's Dane County (Madison) Votes Tomorrow on Legalization Advisory Referendum. Voters in Dane County, Wisconsin, will vote tomorrow on whether to approve an advisory referendum calling for marijuana legalization. The question was put on the ballot by County Board member Leland Pan.

Vermont Legislature Legalization Debate Killed. An effort to debate a proposal to study the impact of legalization on state revenues died in the state House. The effort came in an amendment to a miscellaneous tax bill from Rep. Kristina Michelsen (D-Hardwick), but was blocked when Rep. Thomas Koch (R-Barre Town) asked House Speaker Shap Smith to rule on whether it was germane. He ruled it wasn't.

Hundreds Rally for Marijuana Reform in Harrisburg. Supporters of medical marijuana, hemp, and decriminalization rallied by the hundreds at the Pennsylvania state capitol in Harrisburg Monday. They called it the Keystone Cannabis Reform Rally.

Medical Marijuana

US Supreme Court Denies Arizona County's Appeal; Sheriff Must Give Back Seized Medical Marijuana. The Supreme Court has refused to overturn Arizona court rulings ordering the Yuma County sheriff to return marijuana that was seized from a woman with a California medical marijuana authorization honored by Arizona.

Oregon Has Now Approved 22 Dispensaries. The Oregon Health Authority reported 14 more dispensaries had been approved by late Friday, on top of the eight approved the previous week.The agency has processed 102 of 301 applications submitted since March 3. A total of 41 applicants have been granted provisional licenses until their security systems are in place, and 39 applications have been denied. Reasons for denial include incomplete information or locations within 1,000 feet of a school or another dispensary.

Nevada Dispensary Rules Finalized. The Legislative Commission approved rules for growing, processing, and selling medical marijuana Friday. Nevada voters approved medical marijuana in 2000 but patients have had no legal way to acquire it other than to grow it. A law approved by the 2013 legislature and signed by Gov. Brian Sandoval set up a taxing and distribution system to make it accessible to patients. It could be late this year or early 2015 before medical pot is available for purchase.

California Federal Court Judge to Hear Motion on Declaring Unconstitutional Marijuana's Schedule I Classification. For the first time, a federal judge has granted a hearing on a motion to declare unconstitutional the continued classification of marijuana in Schedule I. The evidentiary hearing is currently set for June 2 before Federal District Court Judge Kimberly Mueller in Sacramento.

Colorado Health Officials Warn of Crackdown on High Plant-Count Patients. Beginning today, the state Health Department will send out letters to doctors who recommended that patients be allowed to grow elevated plant counts and the patients who benefit, requiring them to provide more documentation on the need for the extra plants. The department also unveiled a proposed bill that would strictly limit medical-marijuana caregivers -- people who grow cannabis for patients who can't grow for themselves -- to serving only five patients and growing no more than six plants per patient. Caregivers can currently apply for a waiver to serve more than five patients. The proposals did not go over well with medical marijuana supporters, with Health Department spokesmen being cursed at and called "fascists" in response.

Massachusetts Municipal Association Releases Report on State Medical Marijuana Law. The Massachusetts Municipal Association has released a report on the state's medical marijuana law, offering several suggestions for local officials trying to navigate it. The report, written by MMA legislative analyst J. Catherine Rollins, touches on the legal right cities and towns have to regulate medical marijuana dispensaries and grow centers. Municipalities, Rollins said, have the power to create zoning bylaws, ordinances, special permits or host community agreements.

Drug Testing

West Virginia Governor Signs Mining Industry Drug Test Reporting Bill. Gov. Earl Ray Tomblin (D) has approved a bill requiring employers in West Virginia's mining industry to report all positive drug and alcohol tests to the Office of Miners' Health, Safety and Training. Prior to this law, which takes effect immediately, mine industry employers were only required to submit test results to the state if a miner was fired. Employers must notify the administration within seven days if an employee tests positive, refuses a urine sample, or has submitted an adulterated sample. Suspect employees will be suspended from work until they appear before a board of appeals. New hires must submit to a pre-employment urine test.

Alabama's Jefferson County (Birmingham) Suspends Employee Drug Testing Program. Mandatory, suspicionless drug testing of all new hires in Jefferson County has been suspended pending an inquiry into whether the program is unconstitutional. Ronald Sims, the court appointed receiver in charge of the county's Human Resources Department, this month halted across-the-board drug tests and medical examinations for new county workers because, Sims said, the drug tests "likely violate individuals' rights to be free from unreasonable searches and seizures guaranteed by the Fourth Amendment to the United States Constitution."

Law Enforcement

Friends, Family of Unarmed Man Killed in Drug Raid Rally in Tulsa. Deandre Starks was shot and killed last week by Tulsa police serving a drug search warrant. On Friday, friends and family members rallied at city hall demanding answers. Starks' mother said she believed her son was murdered. Police said they fired at him after he made a threatening movement, but Vanesta Starks wasn't buying that. "But to know that my son was shot when his hands was up in the air, surrendered. He tripped over a rail and that was the body movement. I know the story. I just want to know if somebody will come tell me why," she said.

Lawsuit Charges "License Plate Profiling" by Idaho Troopers. A 70-year-old Washington man who was arrested and his car searched by an Idaho Highway Patrol trooper solely because he had Colorado plates has filed a federal lawsuit charging "license plate profiling." Both Colorado and Washington are legal marijuana states, while Idaho is one of the most reactionary on marijuana policy. Click on the link for all the tawdry details.

Sentencing

Louisiana Bill Would Jack Up Sentences for Heroin Possession, Sales. A bill moving in the legislature in Baton Rouge would drastically increase prison time for heroin users and dealers, including a mandatory minimum two-year sentence for simple possession. House Bill 332 easily passed out of the House Criminal Justice Committee last week and is attracting bipartisan support, even among lawmakers otherwise skeptical of the "tough-on-crime" policies that have been blamed for Louisiana's nation-leading incarceration rate. The bill would also double the mandatory minimum sentence for heroin distribution from five years to ten.

International

Colombia's FARC Calls for "Humanized" Approach to Drug Policy. Colombia's counterdrug policies must have "a humanized approach in the context of integral agrarian reform" negotiators for the Revolutionary Armed Forces of Colombia (FARC) said in Havana Friday. Forced crop eradication and aerial fumigation are repressive and ineffective, the guerrillas said during ongoing peace talks with the Colombian government. The FARC supports crop substation programs as long as they are "participatory, concerted, gradual, [and] environmentally sustainable."

Uruguay to Track Marijuana from Seed to Stash With Genetic Markers, RTF Tags. Uruguay's drug czar says every legal marijuana plant in Uruguay will be registered and tracked using radio frequency tags, and that state-grown marijuana will be cloned to include genetic markers, making sure that what's grown there stays there. That's a much tougher tracking system than those imposed in Colorado and Washington, which recently legalized marijuana use. Unlike those US states, Uruguay wants authorities to be able to test the pot in any drug user's possession to determine if it came from a registered, legal source.

Jamaican Marijuana Growers Call on Government to Halt Crop Destruction. At a preparatory meeting of the Ganja Future Growers and Producers Association (GFGPA) in Kingston this weekend, some participants called for an immediate end to the destruction of marijuana crops. "Please, Mr. Government, ask you police and the army to stop digging down the world number one brand ganja," Ras Arthur Newland shouted out emphatically. "We believe the persecution and the lock-up for ganja must stop immediately." That's not the official position of the GFGPA, which said it is going to concentrate on winning decriminalization first.

Tulsa Man Killed in Drug Raid

A Tulsa, Oklahoma, man has died after being shot by police officers during at drug raid at his home. The as-yet-unnamed man becomes the 12th person to die in US domestic drug law enforcement operations so far this year.

According to The Tulsa World, citing police sources, the 27-year-old was shot Tuesday afternoon as Tulsa Police Department narcotics and gang squad officers were serving a drug-related search warrant in a predominantly black area of the city.

"When officers arrived, they entered the residence, there was five to six people inside the residence," Officer Leland Ashley said. "Officers gave commands to the individuals. At some point, in one of the bedrooms, officers confronted a subject... An officer was forced to use deadly force."

Officer Ashley did not specify whether or not the dead man was armed.

Several other people in the home were handcuffed and taken in for questioning, but it was not clear if they were charged with anything. Nor is it known what, if anything, police seized at the home.

Tulsa, OK
United States

New York Man Falls to Death in Drug Raid

A Yonkers, New York, man fell to his death attempting to escape police serving a drug search warrant Friday night. The as yet unnamed man becomes the 11th person to die in US domestic drug law enforcement operations so far this year.

According to The Lower Hudson Journal News, citing a police news release, the 45-year-old man attempted to flee through a third-floor window of an apartment as officers executed a drug search warrant.

Police then observed the man on the ground floor of the building with a head injury and summoned medical assistance. He was taken to a local hospital, where he was shortly pronounced dead.

In addition to the drug search warrant, police already had a drug arrest warrant for the man from New York City. Police said they found drugs, packaging materials, a scale, and an unspecified amount of money in the apartment.

The Yonkers Police Department Internal Affairs Division and the Westchester County District Attorney's Office are investigating the incident.

Yonkers, NY
United States

Chronicle AM -- March 13, 2014

Attorney General Holder endorses federal drug sentencing reductions, CBD medical marijuana bills move in the South, a New Hampshire decriminalization bill advances, Zohydro may get some competition, and the UN is generating plenty of news, and more. Let's get to it:

Attorney General Eric Holder endorses federal drug sentence reductions. (usdoj.gov)
Marijuana Policy

Marylanders Rally for Legalization. Nearly 100 supporters of sweeping changes in Maryland's marijuana laws rallied in Annapolis Thursday before planned legislative hearings on bills to legalize -- or at least decriminalize -- possession of the drug. The House Judiciary Committee is hearing a series of marijuana reform bills this afternoon, including a legalization bill (House Bill 880) from Rep. Curt Anderson (D-Baltimore).

Maryland Poll Has Slim Majority for Legalization. As the legislature considers marijuana reform bills, a new Goucher Poll has support for legalization at 50.1%, with 39.4% opposed. The poll also had a whopping 89.6% in favor of medical marijuana.

New Hampshire Decriminalization Bill Passes House. The House approved a decriminalization bill by a veto-proof margin Wednesday. House Bill 1625, sponsored by Rep. Adam Schroadter (R-Newmarket) and a bipartisan group of seven cosponsors including Sen. Jeff Woodburn (D-Dalton), would make possession of up to one ounce of marijuana punishable by a civil fine of up to $100. It would also make cultivation of up to six plants a Class A misdemeanor instead of a felony. Currently, possession of any amount of marijuana is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000. Now, it's on to the state Senate.

Medical Marijuana

Kentucky Senate Approves CBD Medical Marijuana Bill. The Senate passed a bill allowing doctors to prescribe and patients to use CBD cannabis oil for medical reasons Wednesday. The bill passed with no opposition. Senate Bill 124 now goes to the House.

Georgia Senate Committee Approves CBD Medical Marijuana Bill. The Senate Health and Human Services Committee unanimously approved House Bill 885, which would allow patients to use CBD-based cannabis oils. It also amended the bill to allow parents to bring the oil into the state without facing penalties. The bill has already passed the House and now awaits a Senate floor vote.

South Carolina Senate Panel Approves CBD Medical Marijuana Bill. A subcommittee of the Senate Committee on Medical Affairs approved a bill allowing people suffering from epilepsy to use CBD cannabis oil Wednesday. Senate Bill 1035 still needs to pass the full committee. Similar legislation is moving in the House.

Hemp

Tennessee Hemp Bill Wins House Committee Vote. A bill that would allow the cultivation of hemp for research purposes passed the House Agriculture and Natural Resources Committee Wednesday. House Bill 2445 now heads for the House Finance Ways and Means Committee.

Drug Testing

Mississippi Food Stamp Drug Testing Bill Heads to Governor. A bill that would require applicants for Temporary Assistance for Needy Families (TANF) to undergo drug testing if there is a suspicion they are using drugs passed the Senate Wednesday and now goes to the desk of Gov. Phil Bryant (R), who has made it a keystone of his legislative agenda. House Bill 49 passed the Senate after debate in which supporters couched the program as an additional benefit that could help somebody struggling with addiction, while opponents said it was unfairly singling out the poor.

ASAM White Paper Calls for Vastly Expanded Drug Testing. The American Society for Addiction Medicine (ASAM) has published a white paper by former NIDA director and present day drug testing consultant Robert Dupont calling drug testing "underutilized" and arguing it should be expanded to be include people of all ages in virtually all aspects of daily life. The totalitarian vision is ably critiqued by NORML drug testing expert Paul Armentano (click the title link), as well as by progressive talk radio host Thom Hartman, who countered Dupont with an op-ed entitled "It's Time to End All Drug Testing." Both Armentano's and Hartman's critiques are worth the read.

Prescription Opioids

Oxycontin Maker Offers Alternative to Zohydro. Purdue Pharma, the manufacturer of Oxycontin, says it has completed testing of an abuse-resistant version of the painkiller hydrocodone, a surprise development that could derail sales of the recently launched Zohydro, a similar medication that has been criticized for lacking such safeguards. Purdue Pharma says it plans to submit its extended-release hydrocodone drug to the Food and Drug Administration later this year. Shares of rival Zogenix Inc. plunged more than 20% after the announcement, which appears to jeopardize sales of the company's just-launched drug Zohydro. Zogenix began shipping Zohydro to pharmacies last week.

Sentencing

Attorney General Holder Endorses Proposal to Cut Federal Sentences. US Attorney General Eric Holder today endorsed a proposal from the US Sentencing Commission to reduce the sentences of people convicted of federal drug trafficking offenses by about a year, from an average of 62 to months to an average of 51 months. "This overreliance on incarceration is not just financially unsustainable," Holder said. "It comes with human and moral costs that are impossible to calculate."

International

Listen to the UN Commission on Narcotic Drugs Sessions. You can do it by clicking on the UNODC's webcast page at the link above. Also, Oregon activist Doug McVay has uploaded audio of the second part of today's plenary session here. There will be more updates on McVay's weekly Drug War Facts podcast.

UNODC Panel Says Criminalizing Drug Use "Not Beneficial". Today, a key working group of the United Nations Office on Drugs and Crime (UNODC) announced the release of groundbreaking recommendations discouraging criminal sanctions for drug use. The Scientific Consultation Working Group on Drug Policy, Health and Human Rights of the UNODC -- which includes Nora Volkow, head of the US National Institute on Drug Abuse (NIDA) -- is releasing the recommendations at the High-Level Segment of the 57th UN Commission on Narcotic Drugs. The working group recommendations say "criminal sanctions are not beneficial" in addressing the spectrum of drug use and misuse.

UNODC Sees "Serious Setbacks" in Fight Against Drugs. Addressing the opening session of the Commission on Narcotic Drugs (CND), UN Office on Drugs and Crime (UNOC) head Yury Fedotov said the global fight against drugs had suffered "serious setbacks," including record opium crops in Afghanistan, violence linked to drug trafficking in Central America, and weak West African states succumbing to the blandishments of traffickers. While he said legalization was no solution, he did add that: "A public health response to the drug use problem should consider alternatives to penalization and incarceration of people with use disorders."

Caricom Creates Commission to Study Marijuana Legalization. The leaders of the Caricom Caribbean trade bloc announced today that they are creating a commission to study the impact of legalizing marijuana. The move came at the end of a two-day summit where members discussed a preliminary report on decriminalization. The commission is charged with presenting its report in early July for a Caricom summit in Antigua.

Iran Executed More Than 300 People for Drugs Last Year, Report Says. A report from the nonprofit group International Campaign for Human Rights in Iran released Wednesday says Iran executed 331 people on drug-related charges last year. The drug executions accounted for almost half of all executions in the Islamic Republic, the report found. The UN Office on Drugs and Crime sponsors anti-drug programs in Iran, and is under increasing pressure from European donor countries to put in place measures to stop its support from contributing to the death penalty.

Dire Prospects for Afghanistan Drug War, Analysis Finds. A new analysis from Alex Pollard-Lipkis of Foreign Policy in Focus finds that "if costly drug war strategies in Afghanistan have been unsuccessful even with a strong US military presence, they won't stand a chance after the US withdraws." The analysis critiques contemporary US approaches and peeks into the post-US future. Click on the title link to read the whole thing.

Chronicle AM -- March 10, 2014

California's Democrats endorse marijuana legalization, Caricom gets ready to talk marijuana, Attorney General Holder calls for expanded access to naloxone to prevent overdose deaths, legislatures in the Pacific Northwest make moves on medical marijuana, and more. Let's get to it:

Caribbean leaders are discussing ganja this week. (wikimedia.org)
Marijuana Policy

Rep. Jared Polis Introduces Federal Marijuana Impaired Driving Bill. Rep. Jared Polis (D-CO), a supporter of marijuana legalization, has introduced the Limiting Unsafe Cannabis-Impaired Driving (LUCID) Act, which would expand the federal definition of an impaired driver to include those impaired by marijuana use. The bill is not yet available online, and the devil is in the details. Stay tuned.

California Democratic Party Endorses Legalization. The California Democratic Party voted Sunday to include in its platform a plank "to support the legalization, regulation and taxation of pot in a manner similar to that of tobacco or alcohol."

Support for Legalization at CPAC. Attendees at the Conservative Political Action Conference in Washington included many supporters of marijuana legalization, according to both a Huffington Post informal survey and a CPAC straw poll, which had 62% saying legalize it.

Medical Marijuana

New Jersey Program Won't Consider Adding New Conditions Until 2015. A Health Department spokesperson said late last week that the state's medical marijuana program will not consider expanding the list of conditions covered under state law until next year. That would appear to contradict the law, which required the health department to consider adding new diseases requested by the public after it submitted two annual reports, beginning in 2011, charting the program's progress. It also required the health department to produce a biennial report in 2012 and every two years after assessing whether there were enough growers to meet demand. But the Chris Christie administration didn't issue any reports at all until late last month, and now says it is too soon to add more illnesses.

Washington Senate Votes to Regulate Medical Marijuana. Legislation that would essentially fold the state's existing medical marijuana program into the I-502 legalization framework passed the Senate Saturday. Senate Bill 5887 would require dispensaries to be licensed under the legalization format. Patients could get their medicine there or grow their own, and they could voluntarily register with the state to get a partial tax break and buy greater quantities than allowed under general legalization. The measure now goes to the House, which has already passed a bill that requires mandatory patient registration. The session ends this week.

New York Assembly Democrats Roll Medical Marijuana Bill into Budget Proposal. In a bid to finally get medical marijuana through the legislature, Assembly Democrats have folded a bill to do that into this week's budget proposal. The bill resembles the Compassionate Care Act introduced by Assemblyman Dick Gottfried (D-Manhattan), but is not identical to it.

Harm Reduction

Holder Calls Heroin ODs "Urgent Public Health Crisis," Calls for Expanded Naloxone Access. US Attorney General Eric Holder Monday said the Justice Department was stepping up efforts to slow the increase in heroin overdose deaths. As part of that effort, he reiterated the administration's call for more law enforcement agencies to be equipped with the opiate overdose reversal drug naloxone (Narcan).

Methamphetamine

Pseudoephedrine Restriction Bill Introduced in Missouri House. Reps. Stanley Cox (R-118) and Kenneth Wilson (R-12) have filed a bill that lowers limits on the amount of pseudoephedrine-based medicines that people can purchase each month, sets an annual limit on purchase amounts, lowers the amount people can legally possess, and requires a prescription for anyone with a felony drug offense. House Bill 1787 is similar to legislation filed earlier this year in the Senate. That bill, Senate Bill 625, is currently before the Senate Judiciary Committee.

International

LEAP Proposes Amendment to UN Drug Treaties. Law Enforcement Against Prohibition (LEAP) has proposed an amendment to the UN drug treaties, the legal backbone of global drug prohibition. The amendment seeks to "eliminate the criminalization-oriented drug policy paradigm and replace it with a health, harm reduction, and human rights-oriented policy." The proposed amendment is accompanied by a letter to world leaders from LEAP executive director Neill Franklin. Read the amendment by clicking on the title link and sign onto it at the MoveOn.org link here.

Caricom Leaders to Debate Marijuana Legalization This Week. Leaders of the Caribbean Community (Caricom) trade bloc will discuss a preliminary report on decriminalizing marijuana and exploring its medicinal uses at a two-day summit beginning today on the Caribbean island of St. Vincent. The summit comes on the heels of a research report released last week by Caricom researchers that found such moves could help the region's sluggish economy.

Mexico Kills La Familia Cartel Leader -- Again. Mexican authorities are reporting that that they killed Nazario "El Mas Loco" (The Craziest One) Moreno in a shootout in Michoacan Sunday. The funny thing is that Moreno, one time leader of the La Familia Cartel, was also reported killed by authorities in December 2010. But his body was never found, and now government spokesmen say he was still alive and was acting as head of La Familia's replacement, the Knights Templar Cartel.

Drug War Issues

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