Police-Community Tensions

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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.

Suspect Killed, Four SWAT Officers Wounded in Indianapolis Drug Raid Shootout

A drug suspect was killed and four SWAT officers were wounded Wednesday night when police in Indianapolis raided a Near Eastside home on a drug warrant. Andrew Sizemore, 27, becomes the 10th person to die in US domestic drug law enforcement operations so far this year.

http://stopthedrugwar.org/files/andrew-sizemore-200px.jpg
Andrew Sizemore (IMPD)
According to The Indianapolis Star, citing police sources, SWAT officers were serving a search warrant on a suspected drug operation when they were met by gunfire. Police shot back, killing Sizemore.

None of the injured officers were seriously wounded, and three had been released from the hospital by early Thursday.

Police said they seized heroin, 13 guns, and $120,000 in cash inside the house. Five people inside the house were arrested. Three were arrested for "visiting a common nuisance," while one was arrested on drug dealing charges and another was detained with no charges specified. Police also confiscated four vehicles.

The house was protected by surveillance cameras, which could have alerted occupants to the raiders' presence.

"That put our officers at a disadvantage, but they overcame it," said Indianapolis Public Safety Director Troy Riggs said, adding that the shootout could be a harbinger of things to come as police go after criminals. "None of us want these things to happen," Riggs said, "but at the end of the day with the the aggressiveness with which your police department is going after those who are committing criminal acts, this is always a possibility."

In a follow-up story, The Star reported that as word of Sizemore's death spread Thursday, friends and family members created a small shrine in his honor, leaving stuffed animals, flowers, a can of energy drink, a snack cake, and a candle. One sign on the shrine said: "RIP, Drew. We Love and Miss You." Another read: "There was no reason for him to die."

Sizemore had no criminal record except for an arrest for trespassing when he was 19.

The Star also reported that some neighborhood residents "were leery to comment" and "some were even hostile to reporters seeking information about the neighborhood and the people who lived in the house."

Indianapolis, IN
United States

A Thousand March for "El Chapo" in Culiacan

As many as a thousand people marched through the streets of Culiacan, the capital of Sinaloa state, Wednesday in support of arrested Sinaloa Cartel leader Joaquin "El Chapo" Guzman.

El Chapo's supporters march in Culiacan Wednesday (www.blick.ch)

They called for his release from a Mexican prison and for him not to be extradited to the United States. Many of them said he provided employment in poor areas of the nearby Sierra Madre mountains and that his group had provided security for residents.

Many were dressed in white, holding signs with messages that included "Don't Extradite El Chapo," "We Want Chapo Freed," and "Sinaloa Supports You, Chapo."

"The government doesn't give any job opportunities," said Daniel Garcia, an unemployed 20-year-old. "The situation is, honestly, really difficult and he helps out the young people, giving them jobs."

"We support 'Chapo' Guzman because he is the one who gives us jobs and helps out in the mountains," said Pedro Ramirez, who was part of a group of 300 who had travelled from Badiraguato, a town in the Sierra Madre where Guzman was born 56 years ago.

Another demonstrator said he trusted Guzman more than any elected official.

The obvious question, of course, is how did this demonstration come about? Going back to Pablo Escobar in Colombia, drug traffickers have sought and won popular support by providing jobs, services, and facilities to communities where they operate. Mexican traffickers have done the same thing, hosting children's parties and building soccer stadiums and the like.

Was this a spontaneous outpouring of support for Sinaloa's most famous son? Or did El Chapo's buddies buy themselves a demonstration? In either case, the power of the cartels to mobilize popular support should not be underestimated.

Location: 
Culiacan
Mexico

San Diego Man Busted for Marijuana Dies in Border Patrol Custody

A San Diego man detained by the Border Patrol after being caught carrying three pounds of marijuana died in a holding cell Christmas Eve. Steven Keith, 58, becomes the 41st person to die in US domestic drug law enforcement operations so far this year.

According to the Associated Press, Keith was stopped at a Border Patrol checkpoint on Interstate 8 in Southern California, and authorities found the marijuana, along with unspecified drug paraphernalia and traces of methamphetamine in his vehicle.

He was then arrested and placed in a holding cell, where he collapsed shortly thereafter. Paramedics were unable to revive him.

The Border Patrol said it is cooperating with an investigation being undertaken by the San Diego County Medical Examiner's Office, but as NBC San Diego reported, local human rights activists are pointing out that Keith's is only the latest death in Border Patrol custody.

"Since 2010, we have had more than 20 individuals who have died while in Border Patrol custody. We don't have any answers as to what happened in any of those cases. Those are all pending investigation or investigations that have never even started," said Andrea Guerrero, executive director of Alliance San Diego. "We haven't seen any outcomes on any of the other cases," Guerrero said. "And so, it should be concerning to the general public and for the family that this is yet another case. We're just mounting up cases is all we're doing. We're not getting any answers."

CA
United States

Newark Cops Kill Alleged Drug Dealer, Neighbors Attack Police

Two undercover Essex County sheriff's deputies shot and killed a suspected drug dealer Wednesday, sparking an angry response from area residents. The dead man, so far identified only as "Jose," becomes the 35th person to die in US domestic drug law enforcement operations so far this year.

According to the Newark Star-Ledger, citing Essex County Chief of Detectives Anthony Ambrose, the deputies were doing a drug investigation and approached "Jose" in a building on North 9th Street. Ambrose said the man came out of the building with a loaded weapon, and both deputies opened fire, killing him.

Neighbors at the scene, who pelted the sheriff's office vehicle with rocks and debris, breaking at least one window, had a different version of events. Several of them told a Star-Ledger reporter that the deputies hit the man with their vehicle, then shot him as he lay on the ground. None of those interviewed would give their names, saying they feared retribution from the police.

"Why did you have to hit him with a car? Why'd you have to shoot him in the back?" people shouted over Ambrose as he spoke to reporters.

One neighbor who did identify himself, Jamar Smith, said he was a friend of the dead man and was on his way to his house when he heard the sound of a car crash followed by the loud bang of two gun shots. Smith and several others said one of the officers involved is well-known in the neighborhood for his aggressive policing and that they had had violent encounters with him, too.

Newark, NJ
United States

Indianapolis Drug Suspect Dies After Being Tased

An Indianapolis man targeted by police in a drug investigation died Thursday night after a struggle as police attempted to arrest him. The as yet unidentified man becomes the 24th person to die in US domestic drug law enforcement operations so far this year.

According to the Indianapolis Star, citing police sources, the incident on the city's Eastside occurred when the man attempted to flee officers seeking to arrest him. Police said the man fell while fleeing, then resisted as officers attempted to arrest him. One officer then shot him with a Taser "to subdue him."

The man then grew unresponsive, and was soon pronounced dead.

Police said they think the man may have swallowed drugs during the chase. The death is being investigated by Indianapolis police internal affairs and homicide detectives.

Police later called members of the Ten Point Coalition, an anti-violence outreach group, to the crime scene. The coalition is typically called to chaotic crime scenes to calm down family members and friends of the victim, the Star reported.

Update: The dead man was later identified as Jeffrey Lilly, 22, of Indianapolis. The Indianapolis Star also reported that neighbors and family members came to the scene and "threatened and taunted" investigating officers before being dispersed.

Indianapolis, IN
United States

Cartel Violence Flares in Western Mexican State

The Mexican government may have scored a victory earlier this month with the arrest of Miguel Angel Trevino Morales, the leader of the violent and powerful Zetas drug trafficking organization, but nobody told the Knights Templar, another drug trafficking organization based in the western Mexican state of Michoacan. They have been involved in recent violence there that has left dozens dead, including a Mexican vice-admiral.

(wikimedia.org)
Michoacan is a key state in the Mexican drug business. Precursor chemicals and cocaine from South America flow through the Pacific port of Lazaro Cardenas, while the state is also known for methamphetamine production and marijuana cultivation.

Last week, the Knights unleashed a wave of attacks on federal police in the state, resulting in the deaths of 20 cartel members and two federal police officers. Another 15 federal police officers were wounded. Those attacks took place last Tuesday, when the Interior Ministry reported that federal police around the state were subjected to "pre-planned" ambushes carried out by "individuals with large arms hidden in the hills."

"In all the cases, authorities repelled the aggressions to return order to the areas," the statement said.

Those attacks came just a day after a bloody clash in the Western Michoacan city of Los Reyes that pitted members of a local "self-defense" group against cartel gunmen.  The self-defense group was marching to city hall to protest the presence of the Knights Templar when gunmen opened fire on them, killing five and wounding seven.

Rising violence in Michoacan in recent weeks and months has inspired both the formation of the local "self defense" groups and the insertion of thousands of federal soldiers and police into the state in May at the behest of Mexican President Enrique Pena Nieto. Local citizens complain that, in addition to their drug trafficking activities, the Knights have engaged in a broad campaign of extortion, rape, and murder of common citizens, while Pena Nieto views their presence as a threat to his efforts to turn attention away from the drug wars and to Mexico's economic development.

The violence did end with the Tuesday ambushes. Two days later, three more federal police were killed and six wounded in another ambush, this one near the state's southern border with Guerrero. The following days, the bodies of four people were found hanging at the entrance to El Limon de La Luna, where some of the worst clashes between the Knights and unhappy locals have taken place. Before the arrival of the military in May, dozens of people had died in clashes between the Knights and the "self-defense" groups.

On Sunday, the Knights Templar gunned down Vice Admiral Carlos Miguel Salazar, one of Mexico's highest ranking Navy officers, and a bodyguard. Salazar's vehicle was traveling on a main highway, but was forced to detour onto an unpaved road after pro-Knights demonstrators holding signs saying "Federales Out" blocked the highway.

The vice admiral did not appear to be deliberately targeted, but his marked vehicle became a target of opportunity once it was forced onto the back roads. On Monday, Mexican authorities announced they had arrested three Knights in the killings.

Mexico

One Dead After Charlotte Police Stage Drug Sting on Elementary School Grounds

An undercover drug sting in the parking lot of a Charlotte, North Carolina, elementary school ended up with one person killed and one person wounded, and a community wondering why police chose that particular location for their operation. Jaquaz Walker, 17, becomes the 17th person to die in US domestic drug law enforcement operations so far this year.

According to reports from WSOC-TV and WBTV 3, police set up a marijuana buy between an undercover police officer, an informant, and two teenagers last Tuesday afternoon. Police said that during the drug deal, Walker pulled a gun and shot the informant in the shoulder in an attempt to rob him.

The undercover police officer then shot Walker in the head, killing him. The teen who accompanied Walker fled, but was arrested later.

"You know, you have 15, 16 year old kids out here wielding firearms, that's a very dangerous situation," said Charlotte-Mecklenburg Police Chief Rodney Monroe, who also defended the decision to do the deal in an elementary school parking lot. "Anytime you conduct an undercover operation, what's a good location? Whether it's a shopping mall or neighborhood, there is no real perfect location."

Monroe also said that school was out and that the site was chosen by Walker and his companion. "This was a location identified by individuals that we were seeking to purchase drugs from," he said. "We were aware that the school was empty of kids."

But residents of the neighborhood where the shooting took place were not mollified.

"It bothers me that I live right across from the school, and it is bad that it was on school grounds," said neighbor Wilmer Bourne. "That's what bothers me so much."

"It's been quiet in this neighborhood, ain't nothing happened over here, everything been good, it's always somebody come in the neighborhood and do this, it ain't nobody in our neighborhood," said resident Johnny Crank.

Charlotte, NC
United States

Peru Rebels Call on Farmers to Defend Coca Crops

Remnants of Peru's Shining Path guerrillas are calling on coca farmers in the country's south-central coca-producing region to take up arms to defend their crops against government eradicators. The call came in a recording made by the rebels and broadcast on local radio, according to a report in the Lima daily El Comercio.

drying coca leaves in Peru's Ayacucho province (Phillip Smith)
The radio broadcast in Ayacucho province came last week, just one day after Sendero Luminoso guerrillas handed out pamphlets in nearby Huancavelica calling on coca farmers to confront eradicators "with arms in hand."

The guerrilla remnants, a mere shadow of the fearsome insurgency that cost the country some 75,000 lives in the 1980s, operate in Peru's most productive coca-producing region, a series of ultra-montane river valleys known by its Spanish acronym as the VRAEM (Apurimac, Ene, and Mantaro River Valleys). The current Senderistas have shed the hyper-Maoist ideology of their long-imprisoned leader Comrade Gonazalo (Abimael Guzman) and now operate as well-armed and often uniformed protectors of producers and traffickers in the coca and cocaine trade.

Peru and Colombia are currently the world's largest coca and cocaine producers, with Bolivia in third place.

Peruvian President Ollanta Humala has pledged to wipe out the Senderistas in the VRAEM and has vowed that eradication will take place there this year. His government has already begun building military bases in the remote region.

Peruvian soldiers and police are already being targeted by Senderistas in the VRAEM. Dozens have been killed in guerrilla attacks in the past two years alone.

Peru

First Drug War Death of the Year

[Editor's Note: For the past two years, we have been tracking all reported deaths directly attributable to drug law enforcement activity in the US, including the border. We continue to do so this year. If you have information about a death we haven't included, please contact us. Remember, we are only tallying those deaths directly attributable to drug law enforcement -- for an example of a close call that didn't make the list, see the latter part of the article below.]

Well, that didn't take long. A Tampa, Florida, man was shot and killed by undercover police officers during a drug sting last Wednesday night. Robert Early Gary, Jr., 31, becomes the first person to die in US domestic drug law enforcement activities this year.

According to our tally, 55 people died in US domestic drug law enforcement operations in 2011 and 63 last year. Read our report on last year's toll here.

Police told the Tampa Bay Tribune Gary was shot and killed by an undercover deputy who was buying drugs when Gary tried to rob him of the money he was carrying. Sheriff's Colonel Donna Lusczynski said the two began fighting and fell down a stairwell. The deputy lost his handgun in the struggle, and as the men fought for the weapon, it discharged several times.

Two backup deputies were nearby. Lusczynski said the deputies told Gary to drop the gun, and when he failed to comply, they shot him.

"They saw the deputy in a fight for his life and they shot the suspect," she said.

The undercover deputy, who remains unnamed, was injured, but not shot. He was evaluated and released at a local hospital Wednesday night.

People at the scene and Gary's relatives took issue with the police account.

"There was no reason to shoot him down," said his stepfather, Dallas Gillyard, outside a nearby home where a crowd of people had gathered. "Was it because of his previous record or the color of his skin?" Gillyard asked.

Gillyard accused the police of lying about what happened. "He wasn't going to rob anybody," Gillyard said. "If he would do anything, he would give you something. If you're going to tell a lie, tell me elephants fly, too," Gillyard said. "Every time (police) kill somebody, it's justified."

In an earlier account, WTSP TV reported that residents of the area, a poor, mixed race neighborhood known colloquially as "Suitcase City," said the killing was just the latest incident of racial profiling in a neighborhood where police harass residents constantly.

"This is a deliberate act. You don't shoot someone six or seven times. It's just not right. It's uncalled for," said one witness.

The three deputies involved have been placed on administrative leave while the incident is investigated, which is standard practice when a deputy discharges a weapon.

Five days earlier, police in Philadelphia shot and killed a North Philly man in an incident with distinct drug prohibition overtones even though it doesn't qualify for our tally of killings directly related to drug law enforcement.

According to Philadelphia police, they were investigating an armed robbery when they encountered Darrell Banks, 47, who they said matched the description of the suspect. Banks allegedly took off running, and police claim he pointed at object at them when they tried to stop him. An officer shot him once; he died a short time later at Temple University hospital.

Police didn't find a weapon, but said they recovered "a small amount of drugs" at the scene, which could explain why Banks, who had a previous record that included drug charges, was trying to avoid them.

"He had no gun on him," said Terra Banks, his niece. "He had his cell phone!" She told NBC 10 News he left behind 10 children and six grandchildren. "We want justice," said Terra. "We want the cop who did this to be brought to justice!"

The Philadelphia police Internal Affairs unit is currently investigating the shooting.

In both Tampa and Philadelphia, the dead persons were black males. Black males were also disproportionately represented among the tally of drug war deaths in 2011 and 2012.

Tampa, FL
United States

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