News Brief

Under a measure passed Tuesday by the Los Angeles City Council, the number of medical marijuana dispensaries in the city will shrink by more than 90%. The council voted to cap the number of dispensaries at 70, while recent estimates put the number of actually operating medical marijuana outlets in the city at between 800 and 1000. The vote is only the latest in the council’s torturous and twisted four-year effort to regulate the city’s booming medical marijuana retail industry. There were four dispensaries in the city when the council first tackled the issue in 2005. By the time the council issued a moratorium on new dispensaries in 2007, there were 186. In the past two years, their numbers have increased four-fold from there. Of the dispensaries that legally registered with the city prior to the moratorium, officials believe 137 are still open. Those establishments will be allowed to stay open, but may have to move to comply with restrictions on where they may locate. "I think we should hold true to those that followed the rules," said Councilman Dennis Zine, explaining why he voted to reward dispensaries that were legally registered. If Los Angeles actually does cap dispensaries at 70, that will mean roughly one dispensary for every 50,000 residents. In Oakland, the only other large city in the state to impose a cap, four dispensaries serve 100,000 residents each. Other, smaller, California cities with caps include Berkeley (one dispensary for each 34,000 residents), Palm Springs (one for each 24,000 residents), West Hollywood (one for every 9,000 residents), and Sebastopol (one for every 3,500 residents). The council will continue working on its medical marijuana dispensary regulation ordinance tomorrow (Wednesday), and could even see a final vote then.

As the Dutch federal government ponders its next moves in its campaign against the country’s famous cannabis coffee shops, the mayor of Amsterdam is advising against a one-size-fits-all policy. The needs of major cities are different from those of border towns, and policy needs to reflect those differences, Mayor Job Cohen said. Cohen’s remarks came in a letter sent Friday to Interior Minister Guusje ter Horst. In it, Cohen argued that Amsterdam differs markedly from border towns, which are tightening up on coffee shops in the face of an influx of drug tourists from more repressive neighboring countries. Tourists in Amsterdam behave differently than the border town shoppers, he said. "Tourists in Amsterdam usually visit the capital for several days and, in addition to many other activities, sometimes also go to a coffee shop," Cohen wrote. Cohen also staked out a position against requiring membership to be able to buy marijuana at a coffee shop. That has been a proposal floated by the national government. And Cohen rejected as ineffective a ban on coffee shops with 250 yards of schools. Underage age youth are already barred from entering coffee shops, he noted, adding that most teens usually have third parties procure their drugs for them.

The top Honduran anti-drug official was ambushed and killed today by hit men on motorcycles as he drove alone through the capital, Tegucigalpa. Former army Gen. Julian Aristides Gonzales, 57, director of the Office for Combating Drug Trafficking, died after being hit by multiple shots from the gunmen, who escaped. Gonzalez had complained of receiving death threats from drug traffickers in the past. He was set to retire in two months and move to Canada. "We regret the death of this man who offered his life for the welfare of Hondurans," national police spokesman Orlin Cerrato said. "By the decency of his actions, he unleashed a real battle against the main vice that besets humanity." Along with the other Central American republics, Honduras is a key transit country for cocaine smuggled out of South America and destined for the insatiable markets of the north. Gonzalez’s office this year has seized five tons of cocaine out of an estimated 100 tons that transit’s the country each year. Trafficking through Honduras is believed to have intensified since the June coup that overthrew President Mel Zelaya. After the coup, the US suspended anti-drug cooperation and development aid to the rump government of interim President Roberto Micheletti. Honduran police complain that they have detected more aircraft smuggling drugs from South America since the coup, but have had less ability to stop them without US helicopters and radar. Citing worries about the increase in drug trafficking, Gonzalez held a press conference yesterday to urge the public to help the fight by reporting suspicious activity. He was dead 24 hours later.

Beginning January 1, possession of up to 15 grams of marijuana or up to five marijuana plants will not be a punishable offense in the Czech Republic. Likewise, people will be able to possess up to 40 hallucinogenic mushrooms. The limits were announced Tuesday after they were decided on by the cabinet. Late last year, the Czech parliament approved a new penal code that specified no punishment for the possession of “small amounts” of drugs. But the code did not specify just what constituted a “small amount,” with the result that police sometimes charged people, especially home pot growers with more serious offenses. The task of formalizing those limits has been taken up by the Justice Ministry, which submits its proposals to the cabinet. The ministry has also proposed setting the “small amount” limits for ecstasy at four tablets and for hashish at five grams. Similarly, people could possess up to two grams of methamphetamine without fear of punishment. The cabinet will consider those proposals in two weeks. Possession of amounts greater than “small amounts,” but less than those assumed to indicate drug trafficking, will result of prison sentences of up to one year for marijuana and up to two years for other drugs. According to the European Monitoring Center for Drugs and Drug Addiction‘s latest annual report, Czechs are among Europe’s leading pot smokers. Among young Czechs (age 16 to 34), 22% toke up at least once a year. The European average was 16%.

The Tax and Regulate Cannabis 2010 initiative, sponsored by Oakland medical marijuana entrepreneur Richard Lee, has laid off its paid signature gatherers, saying they already have sufficient signatures to qualify for the November 2010 ballot. Lee told the Chronicle this afternoon that more than 650,000 signatures have been turned in, and that he expects an additional 50,000 or so to dribble in in the coming weeks. Precisely 433,971 valid signatures of registered California voters are required for an initiative to be approved for the ballot. That leaves Lee and the initiative a substantial cushion of about a quarter-million signatures to make up for any invalid signatures. The campaign will wait to turn in signatures until January 15. If they were turned in this month, the initiative would appear on the June ballot, not the November ballot. Lee wants the initiative on the latter. Lee's initiative, which would allow individuals up to 25 square feet to grow their own and would allow counties and municipalities to opt to tax and regulate marijuana sales on a local basis, is controversial. Some national figures believe it is premature and risks going down in flames at the polls, thus setting the movement back, while some California activists believe it does not go far enough and does not entice voters with potential revenues for the crisis-ridden state budget. But it will be on the November 2010 ballot, provided the signatures are certified by election officials in February. It may not be the only legalization initiative on the ballot. At least two other signature-gathering campaigns for competing initiatives are under way.

by Bernd Debusmann, Jr. Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people, with a death toll of over 5,000 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war: Friday, November 27 Twenty-three people were killed in drug-related violence in the state of Chihuahua. Eight of these killings occurred in the capital city of Chihuahua, and 12 occurred in Ciudad Juarez. In Chihuahua, four men and a teenager were killed when the vehicle in which they were traveling was ambushed by a group of gunmen. In another part of the city, an eight-year old boy was killed after being hit by a stray bullet. Among the dead in Ciudad Juarez was a woman who was badly burned after an explosive device went off in the brothel in which she was thought to work. Saturday, November 28 An army officer and six gunmen were killed in two separate gun battles in Zacatecas and Michoacan. In Zacatecas, the army repelled an attack by gunmen, killing five and capturing eight. They also seized five vehicles, weapons, clothing and food. In Michoacan, an army officer was killed after a military convoy was ambushed by gunmen in a hillside community. Two other people were killed in drug-related violence in Michoacan, six in Ciudad Juarez, and one in the greater Mexico City area. Sunday, November 29 At the Calexico, CA border crossing, authorities seized more than 6,000 pounds of marijuana hidden in a shipment of door knobs. Dogs alerted officers to the truck in which more than 458 wrapped packages of marijuana were found. A 30-year old Mexican national was taken into custody. In Tijuana, three men were shot and killed by suspected cartel gunmen wielding AK-47s. The killings came just hours after a firefight between soldiers and drug traffickers at a gas station left one soldier wounded in the foot. In another part of Baja California, six men were arrested on suspicion of being tied to a known drug trafficker, Raydel Lopez Uriarte, aka “El Muletas” (“crutches”). Seven people were killed in Chihuahua , six of whom were killed in Ciudad Juarez. One of the murders occurred just feet from soldiers that were guarding the city’s main plaza, where national security officials were meeting to analyze drug-related violence. In Chiapas, an anti-mining organizer was killed by a gunman on a motorcycle. Mariano Abarca was head of the Mexican Network of Communities Affected by Mining. In Reynosa, police rescued a US citizen that had been kidnapped a week earlier in McAllen, Texas. Raul Alvarado, 36, was forced into a vehicle at gunpoint and taken to a safehouse in Reynosa, where he was bound and beaten. His abductors demanded a ransom of $30,000 and two luxury cars. It is unclear is any ransom was paid. There has been an increase in kidnappings on the US side of the border, most of them linked to illegal activity. Tuesday, December 1 In Mexico City, a protected state witness was gunned down in a Starbucks. Edgar Enrique Bayardo, a former federal policeman, was killed by two gunmen wearing dark suits. His bodyguard was seriously injured in the attack, and a customer at a nearby table was also wounded. Bayardo was arrested last year on suspicion of being employed by the Sinaloa Cartel. Bayardo, whose lavish lifestyle raised suspicion, was made a state witness under the protection of the attorney general’s office. He had apparently been followed by gunmen for several days, and it is unclear why he was not better protected or out in public. Wednesday, December 2 In the Ciudad Juarez area, nine suspected assassins were arrested in an operation carried out by the army. The men are all suspected of working for El Chapo Guzman’s Sinaloa Cartel and it’s enforcement arm, La Linea. Total Body Count for the Week: 144 Total Body Count for the Year: 6,882

A Worcester, Massachusetts, man who died after being taken into at a sobriety checkpoint near Andover last Wednesday as he tried to snuff out a marijuana joint was beaten by as many as 20 police officers, an attorney for his family said today. Kenneth Howe, 45, died at the Andover State Police Barracks when police noticed he "became unresponsive" during booking. The official version of the story, promulgated to the local media by Essex County District Attorney's Office spokesman Steven O'Connell is that Howe, a passenger in a vehicle stopped at the checkpoint, made "furtive movement," then "jumped out of the vehicle, struck the trooper, and fled." After a brief chase on foot and an "ensuing struggle," Howe was handcuffed and charged with assault and battery on a police officer. O'Connell said that Howe was taken to the Andover barracks, and, while being booked "slumped over and became unresponsive." He was taken to Lawrence General Hospital, where he was pronounced dead at 12:45 a.m. last Thursday. But today, attorney Francis King, hired by Howe's widow to represent her and her three young children, painted a starkly different picture of the events leading to Howe's death. Citing the testimony of the driver of the vehicle Howe was a passenger in, King said Howe was pulled out of the truck, beaten by police, and dragged before he collapsed next to a police cruiser. The driver has made a taped statement about what he saw that night, King said. The "furtive movements" were Howe attempting to snuff out a marijuana joint and put on his seat belt, King said. A female state trooper approached the truck, and Howe held up his hands and tried to explain that all he had in his hand was the joint. The trooper then reached into the truck, pulled Howe out, and screamed that he had assaulted her, King continued. "Our position is that he never assaulted her, "King said. Quite the contrary, se maintained: "It appears there were at least 10 to 20 officers all over the deceased, hands flailing." Howe was also "seen handcuffing and slumping to the ground, dragged over to the cruiser," she said. The sobriety checkpoint was staffed by Massachusetts State Police, North Andover police and the Essex County Sheriff's Department. It was stopping every vehicle for a "threshold observation" to check for impaired drivers, a practice upheld by the US Supreme Court. The Essex County District Attorney's Office is investigating, said O'Connell. An initial autopsy has been performed, but the cause of death has not been determined. Toxicology results are also pending. Police said they found one oxycodone tablet on Howe, for which he had a prescription. “At this point, we’re confident the Essex County DA’s office is conducting a thorough investigation and that they are taking the case very seriously,” King said. “I think it’s only fair to allow the DA to conduct an investigation.” You don't need a crystal ball to see the lawsuit waiting to be filed here. But that won't come until after the Essex County District Attorney's Office investigates and exonerates the officers involved.

The Hamas government running the Gaza Strip has adopted a law that allows for the death penalty for drug dealing. The move came Monday with a Hamas decision to cancel Israeli military laws on drugs and replace them with Egyptian drug laws. "The government has approved a decision to cancel the Zionist (Israeli) military law with regard to drugs and enact Egyptian law 19 of 1962," Gaza Attorney General Mohammed Abed said in a statement. "The latter law is more comprehensive in terms of crime and criminals and the penalties more advanced, including life sentences and execution. The Zionist law included light punishments that encouraged rather than deterred those who take and trade in drugs, and there is no objective, national or moral justification for continuing to apply it," Abed said. The Egyptian drug law will remain in effect until the Palestinian parliament passes a new drug law. But the parliament has only met rarely since elections in 2006. The Gaza Strip was administered by Egypt from 1948 to 1967, when Israel seized the territory, along with several others, during the Six-Day War. Israel withdrew its soldiers and settlers from the territory in 2005, when it was under the control of the secular Fatah Party of Palestinian President Mahmud Abbas. But Hamas unexpectedly defeated Fatah in Gaza elections in the 2006 elections and consolidated its power in a bloody factional struggle with Fatah the following year. Because of an ongoing Israeli blockade, most goods, including illicit ones, imported into Gaza are smuggled in, primarily through a network of tunnels on the Egyptian border. But Hamas has cracked down on drug trafficking and drug traffickers, claiming more than 100 arrests, and the seizure of dozens of kilograms of drugs, mostly marijuana.

In a blow to hard-line San Diego County District Attorney Bonnie Dumanis, who has yet to find a medical marijuana dispensary she considers legal and who has coordinated a series of raids on dispensaries in recent years, a jury in San Diego Tuesday acquitted the manager of a local dispensary of marijuana possession and distribution charges. Jovan Jackson, 31, a Navy veteran, cried as the not guilty verdicts were read. He was, however, convicted on possession of Ecstasy and Xanax, small quantities of which were found in his home during an August 2008 raid. Still, Jackson expressed relief outside the courthouse. "I was very thankful," Jackson said. "This has been a long road. It hasn't been easy. I felt like a lot of weight was on my shoulders." Jackson's was the first medical marijuana case to go to trial since a series of Dumanis-orchestrated raids on dispensaries in September that resulted in 31 arrests and the closing of 14 San Diego-area dispensaries. Dumanis led other mass raids in 2006 and in February of this year. Jackson operated the Answerdam Alternative Care Collective, which was twice approached by undercover officers who had fraudulently obtained medical marijuana recommendations. Since the narcs had proper documentation under California law, and once they joined the collective by paying a $20 fee, Jackson let them purchase medical marijuana. Prosecutors presented evidence of $150,000 in credit card receipts and five pounds of marijuana seized during raids at the dispensary as evidence that, "This case is about making money, plain and simple," as Deputy District Attorney Chris Lindberg put it to the jury. But a large-scale operation is not out of line for a collective that boasted 1,649 members, as defense attorney K. Lance Rogers told the jury. He also reminded jurors that the narcs had signed up for the collective under false pretenses and that state law allows medical marijuana patients to legally buy marijuana from a collective that grows it. Jurors agreed, acquitting Jackson on the marijuana charges. Jurors told reporters after the trial that they found Jackson innocent because the state laws regarding medical marijuana sales from collectives were vague. "On a personal level, if you're going to hold somebody to a law, you have to define that law," said juror Perry Wright. It's not the end for Jackson. He faces up to three years in prison on the Ecstasty and Xanax possession charges, although he will most likely receive probation. And he faces another round of marijuana distribution charges from a similar undercover buy made this year. Given the verdict in this case, DA Dumanis might want to consider whether a re-run trial is worth the taxpayers' money and whether any of her pending dispensary prosecutions should go forward. But she probably won't.

by Bernd Debussman Jr. Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people, with a death toll of over 5,800 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war: Friday , October 16 In Michoacan, three bodies were found , all with messages attached. The messages were directed at the Zetas organization, and appear to have been from La Familia. La Familia was once part of the Zetas organization, but the two groups have been fierce rivals since the group split from the Gulf Cartel (and the Zetas) in 2006. In other parts of Mexico, two men were assassinated in Tijuana, and a boy who was jogging was killed after being caught in a firefight between gunmen and the army in Tamaulipas. Five people were murdered in Culiacan, Sinaloa, three in Hermosillo, Sonora, one in Durango, and six in the Ciudad Juarez area. Saturday , October 17 In Tijuana, the nude, mutilated body of a man was found hanging from an expressway overpass. It is the second such discovery found in the last two weeks. Local news outlets reported that the man’s tongue had been cut out, which suggests that drug traffickers suspected he was an informant. Additionally, a gun battle between police and drug traffickers left one police officer dead and two wounded. A suspected cartel member was also killed in the incident. Police recovered five assault rifles and vests with federal insignia from several vehicles used by the gunmen. The day before, the the decapitated body of a woman whose hands and feet had been bound were found in a different part of the city. Monday , October 19 Two people were killed after being ambushed by a group of heavily armed gunmen in Guerrero. One of the dead was a policeman, and the other was a civilian who was riding a bus that was caught in the crossfire. Additionally, five bodies showing signs of torture were recovered from various parts of Acapulco. Attached to each of them were notes threatening “kidnappers, thieves and traitors” and signed by Arturo Beltran-Leyva, the boss of the Beltran-Leyva cartel. 18 people were killed in drug-related killings in Ciudad Juarez. At least 21 other drug-related homicides were reported in Mexico, including nine beheaded bodies found in Tierra Caliente. Tuesday , October 20 In Guerrero, at least three banners were found which threatened police and Genaro Garcia Luna, the Secretary of Public Safety. The signs were signed by what appears to be a new, Guerrero branch of the “La Familia” cartel which is based in Michoacan. The signs also accused Garcia Luna of protecting the Beltran-Leyva cartel and the allied Zetas organization. In another part of Guerrero, the body of a bus driver was found by the side of the road, and showed signs of torture. A second body was found near Acapulco. Near the city of Ciudad Mante, police arrested a man who had 107 kilos of marijuana in a hidden compartment of his pick-up truck. Wednesday , October 21 A suspected member of the Juarez Cartel was added to the FBI’s ten most wanted list. Eduardo "Tablas" Ravelo, 41, is allegedly a high-ranking member of the Barrio Azteca gang. In exchange for a steady supply of narcotics, Barrio Azteca performs enforcement tasks for the cartel on both sides of the border, and can effectively be considered part of the Juarez cartel which operates on American soil. Ravelo is suspected of ordering the killing of another high-ranking gang member, David "Chicho" Meraz, during an internal power struggle. Meraz was killed in Ciudad Juarez last year. Ravelo is reportedly hiding in Juarez under the protection of the cartel. Earlier in the week, another man with suspected cartel connections was also added to the FBI’s ten most wanted list. Jose Luis Saenz, of Los Angeles, is suspected of killing at least four people (including his girlfriend) and is allegedly an enforcer for an unnamed Mexican drug trafficking organization. In October 2008 he shot and killed another gang member in LA County who apparently owed $620,000 to the cartel. Across Mexico, 40 drug-related homicides were reported in a 24-hour period, bringing the 2009 total to over 6,000. Thirteen of these were in Chihuahua, and of these, nine were in Ciudad Juarez. According to a running tally by El Universal, 1,000 people were killed in drug-related violence in Mexico in the last 40 days. The previous 1,000 had been killed over 41 days, and the 1,000 before that in 44 days. Since August 1st, an average of 24 homicides were reported daily, approximately one every hour. One out of every three drug-related homicides was in Ciudad Juarez. Much of the violence is due to the conflict being fought by the Sinaloa Federation and the Juarez cartel over control of the Ciudad Juarez-El Paso drug trafficking corridor. Total body count for the week: 113 Total body count for the year: 5,928 Read the last Mexico Drug War Update here.