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Chronicle AM: US Agents on Mexico Drug Raids, New Federal Cash Seizure Guidance, New Pain Pill, More (11/24/14)
by psmith, November 24, 2014
StopTheDrugWar

Some House Republicans still want to mess with DC legalization, a key Washington state solon is planning a bill that would fold medical marijuana into the legal regulation system, federal officials issue a new code of conduct for highway asset seizures, US Marshals are reportedly going on drug raids in Mexico, and more. Let's get to it

Marijuana Policy

Some House Republicans Plan to Try to Block DC Legalization. While some GOP senators have no interest in blocking DC's legalization initiative, some GOP House members do. Rep. Andy Harris (R-MD) said he "absolutely" intends to block implementation, but that he probably wouldn't try to do so until next year. Earlier this year, he successfully attached an amendment to the DC appropriation bill to block decriminalization, and that amendment passed the House, but was never taken up by the Democratically-controlled Senate. Harris called legalization "crazy policy."

Washington State Senator Outlines Marijuana Regulation Bill. State Sen. Jeanne Kohl-Welles (D-Seattle) said she plans to file a bill that would regulate both recreational and medical marijuana in a single system, slash marijuana taxes, and allow home cultivation of up to six plants for any adult—not just medical marijuana patients or caregivers. The bill would phase out collective gardens and generally fold the medical marijuana system into the state's regulated marijuana system. Kohl-Welles hasn't filed the bill yet and said she is consulting with stakeholders and legislators, but she said she would pre-file it next month.

Medical Marijuana

New Jersey Okays Fourth Dispensary. The state Health Department has issued a permit for a fourth dispensary to start growing medical marijuana ahead of a scheduling opening next spring. The Breakwater Alternative Treatment Center won approval last Friday.

South Dakotans to Try Legislature, But Hold 2016 Initiative in Reserve. Activists met over the weekend in Sioux Falls to plot how to move forward in a state that has twice rejected medical marijuana at the ballot box. A 2006 initiative lost by just four points, but a 2010 initiative lost by a whopping 32 points in the year of the Tea Party. Now, supporters will try to get a bill moving in the state legislature, but if that fails, they are pondering a 2016 ballot initiative.

Harm Reduction

Kentucky 911 Good Samaritan Bill Proposed. At a press conference last Friday, state Sen. Chris McDaniel said he wants to file a bill that would exempt drug overdose victims and people who seek help for them from being charged with drug possession offenses. "This should be another tool to keep people from dying, and that's what we're after," he said. But McDaniel also said such an exemption from prosecution could only be used once.

Asset Forfeiture

Federal Officials Issue New Guidance for Highway Seizures. Officials with the White House's High Intensity Drug Trafficking Areas (HIDTA) program have issued new guidance for highway police in a bid to curb questionable civil asset forfeiture seizures of cash and property from drivers. The voluntary code of conduct reminds state and local police that the need to observe the Constitution and the civil rights of motorists. "Emphasize interdiction programs are NOT purposed for enhancing agency budgets," the code says. "Underscore forfeited ill-gotten proceeds be spent prudently in accordance with applicable statutes, sound policies and regulations." Asset forfeiture programs are currently under an intense spotlight in the wake of repeated revelations about abuses and aggressive enforcement by police.

Prescription Opiates

FDA Approves Second Hydrocodone-Only Pain Pill. The Food and Drug Administration has approved Purdue Pharma's extended-release Hydrocodone tablet Hysingla for use. The agency said Hysingla is designed to be difficult to abuse, but acknowledged it could still be abused. It is the fourth opioid to be granted abuse-deterrent status, after Purdue's reformulated Oxycontin, it's oxycodone-naloxone combo Targiniq, and Pfizer's morphine-naltrexone combo Embeda. And it is the second hydrocodone-only pill approved by the agency. FDA approved Zohydro in October 2013.

International

US Marshals Are Going on Drug Raids in Mexico. The Wall Street Journal has reported that members of the US Marshals Service have been taking part in drug raids disguised as Mexican Marines. Mexican officials flatly deny the charge, but the newspaper reported that the Marshals Service sends small teams several times a year to help hunt drug suspects, some of whom are not even wanted by the US. The Journal cited a July incident in which a US Marshal was shot and wounded while attached to Mexican Marines patrolling a field in Sinaloa. Six cartel members were killed in the ensuing shoot-out.

Australian MPs to Introduce Federal Medical Marijuana Bill. Members of parliament from the Labor, Liberal, and Green parties will this week file a bill that would allow medical marijuana to be grown under federal license. The bill would not require states to allow medical marijuana, but it would create a federal model and address how medical marijuana would be supplied. The MPs will brief colleagues on the plan Wednesday.

Australia's Tasmania Rejects Medical Marijuana. Tasmanian Health Minister Michael Ferguson has rejected an interim report calling for allowing the use of medical marijuana. He ruled out any changes to current laws, citing advice from the Tasmania Police. He said that Tasmania Police would not seek to criminally pursue terminally ill medical marijuana users.




Chronicle AM: Federal VA MedMJ Bill, CRS Report on Federal Pot Tax, Swiss Cannabis Clubs, More (11/21/2014)
by psmith, November 21, 2014
StopTheDrugWar

Some Alaska officials are proving recalcitrant when it comes to legal marijuana, there could be a Senate hearing on pot legalization with DC in the cross hairs, congressional researchers release a report on a federal pot excise tax, asset forfeiture could play a role in hearings for the new attorney general nominee, and more. Let's get to it:

Marijuana Policy

GOP Senator Who Will Chair DC Oversight Committee Wants Hearing on Legalization. Sen. Ron Johnson (R-WI), the likely next chairman of the Homeland Security and Governmental Affairs Committee, which has jurisdiction over the District of Columbia, said Thursday he wants to hold a hearing on marijuana legalization. He told reporters such a hearing would focus on how legalization has worked in other states. He also said he generally supports more autonomy for the District, but didn't say whether he thought DC should be able to legalize marijuana.

Congressional Research Service Releases Report on Federal Marijuana Taxation. Congress's non-partisan research arm has released a comprehensive report on the federal government setting an excise tax on the production and sale of marijuana and marijuana-related products. The report suggests that under nationwide legalization, a $50 an ounce federal excise tax would raise about $7 billion a year, and that under legalization, prices could drop to as low as $80 a pound. Click on the link for more.

Washington State Pot Tax Revenues Exceed Expectations. State officials said Wednesday that they expect legal marijuana to generate $694 million in revenue through the middle of 2019. That's up from a September estimate of $636 million. The state expects to collect nearly $43 million in pot taxes by the middle of next year, $237 million more in the 2015-2017 budget biennium, and $415 million more in the 2017-2019 budget biennium.

Key Alaska Prosecutor Says Marijuana Prosecutions to Continue. John Skidmore, director of the state Department of Law's criminal division, said prosecutors will continue to move on marijuana cases despite the voters' approval of legalization earlier this month. "We are not blind or oblivious to the fact that there is a change coming, but the change is not here yet," he said. "We did communicate to our folks that right now it is business as usual. We are evaluating what to do in the future." After Washington legalized marijuana in 2012, many prosecutors quashed pending marijuana cases, and some prosecutors have done the same in Oregon this year.

Anchorage Assemblywoman Wants to Ban Pot Sales. Assemblywoman Amy Demboski has prepared an ordinance to prohibit marijuana cultivation, production, testing and sales in Anchorage. Such a move would be legal under the provisions of Measure 2, which allows local option. She said she doesn't want the state's largest city to be "a guinea pig" for the rest of the state.

Medical Marijuana

Bipartisan Group of Legislators Files Federal Bill to Allow VA Doctors to Recommend Medical Marijuana. A dozen House members led by Reps. Earl Blumenauer (D-OR) and Dana Rohrabacher (R-CA) introduced the Veterans Equal Access Act Thursday. The bill would allow Veterans Affairs (VA) physicians to discuss and recommend medical marijuana to their patients, a right enjoyed by physicians outside of the VA system. Click on the link to see all the sponsors and more details of the bill. The bill is not yet available on the congressional web site.

Arizona Appeals Court Rules Doctors Can't Be Charged for Medical Marijuana Referrals. The Court of Appeals ruled Thursday that doctors who recommend medical marijuana to patients are not subject to criminal charges even if they failed to do a review of a year's worth of patient records. Police sent an informant to the office of Dr. Robert Gear in 2012, and Gear signed a medical marijuana certification based on a physical exam, but before receiving the patient's records. Prosecutors in Navajo County charged him with forgery and fraud, but the appeals court ruled that the state medical marijuana law gives him immunity. "In enacting the (law), the voters explicitly barred prosecution of a physician for providing 'written certifications' or 'for otherwise stating' that certain patients may benefit from `the medical use of marijuana,'" presiding Judge Patricia K. Norris wrote in the opinion. The case is State v. Gear.

Asset Forfeiture

Asset Forfeiture Could Be Issue for New Attorney General Nominee. President Obama's nominee to replace Eric Holder as attorney general, US Attorney for the Eastern District of New York Loretta Lynch, bragged back in January about how her office seized nearly a billion dollars through civil asset forfeiture. But with the issue in the limelight now, it may come back to bite her during her confirmation hearings. Asset forfeiture reform bills have been filed in the Congress, newspapers across the country are editorializing about abuses, and congressional Republicans are sure to use any ammunition they can to try to damage the president's nominee.

International

Cannabis Clubs Coming to Switzerland? Officials in Geneva are exploring whether to allow marijuana social clubs, while the city has joined Bern, Basel, and Zurich in creating an expert working group to craft details for a potential pilot project. Marijuana is not legal in Switzerland, but possession of less than 10 grams is effectively decriminalized. Click on the link for an informative overview.




Chronicle AM: USA Today Slams Asset Forfeiture, NY Times on AFT Drug Stash House Stings, More (11/20/14)
by psmith, November 20, 2014
StopTheDrugWar

A new Maine legalization group lays out its vision, take your medical marijuana card when you go to Nevada next year, asset forfeiture gets ripped by USA Today, the New York Times takes a look at a questionable law enforcement practice, and more. Let's get to it:

Marijuana Policy

New Maine Legalization Group Wants Home Grows, Social Clubs. Calling itself Legalize Maine, a new group has emerged with a plan to free the weed there. Group organizer Paul McCarrier said his plan is "home grown" -- a jab at the Washington, DC-based Marijuana Policy Project (MPP), which has been laying the groundwork for statewide legalization there for the past several years -- and would allow for home cultivation, the use of marijuana in social clubs, and an 8% tax on sales. MPP has not released details of what it will propose for the 2016 ballot, but its local initiatives in the state did not address home cultivation or allow for social clubs. Click on the link to read more detail on the Legalize Maine plan.

Medical Marijuana

Iowa Pharmacy Board Punts on Reclassification. The Board has decided to defer a decision on whether to reclassify marijuana from Schedule I to Schedule II under state law until its January meeting. The Board could have decided at its Wednesday meeting to recommend to the legislature that marijuana be rescheduled after a public hearing Monday, but while it said marijuana does have medical use, it also worried that it has high abuse potential. The board was (in)acting on a petition from Des Moines medical marijuana activist Carl Olsen.

Nevada Will Honor Medical Marijuana Cards from Other States. Once dispensaries begin to open in the state next year, people holding medical marijuana recommendations from other states will be able to purchase marijuana there.

Asset Forfeiture

Civil Asset Forfeiture Should "Go Away," Says USA Today. USA Today has joined the growing ranks of newspapers calling for state and federal civil asset forfeiture reform. In a Wednesday editorial, the country's third-largest daily circulation newspaper said asset forfeiture had come "unmoored" from its original intent of taking the profit out of crime and now appeared like something "one might expect in a banana republic, not the United States." The newspaper called for action on pending federal asset forfeiture reform bills and ended its editorial thusly: "Civil asset forfeiture is government at its absolute worst -- intimidating helpless citizens for its own benefit. It needs to go away."

Law Enforcement

New York Times Examines ATF Fake Drug Stash House Rip-Off Stings. The Times turns a jaundiced eye to the Bureau of Alcohol, Tobacco and Firearms (ATF) use of imaginary stash-house stings, where undercover agents entice people into participating in what they thought were robberies of drug stash houses, only to be arrested and imprisoned, sometimes for decades. The newspaper notes that although most of the stings have survived legal challenges, some federal judges are now throwing out such cases. One federal judge in Los Angeles threw out a case earlier this year, citing "outrageous government misconduct" with the ATF "trawling for crooks in seedy, poverty-ridden areas -- all without an iota of suspicion that any particular person has committed similar conduct in the past." Almost all of the people wrapped up in the stings have been brown or black. Clarence Walker has covered this issue for the Chronicle here and here.

International

Argentina As Latin America's Newest Drug Trafficking Hub. Argentina is emerging as a new drug trafficking hub, according to this analysis in World Politics Review. Author Benoit Gomis points to a number of factors ranging from geography to the size of the Argentine drug market, as well as infiltration by regional drug operations, weak law enforcement, and corruption. Gomis suggests one thing Argentina can do is emulate its neighbor Uruguay, which legalized marijuana last year in a bid to undercut the drug trade. Click on the link to read the whole thing.




Medical Marijuana Update
by psmith, November 19, 2014
StopTheDrugWar

California continues to see dispensary battles, Rhode Island's third dispensary opens, medical marijuana is moving in the South, and more. Let's get to it:

Federal

As of Wednesday, the Charlotte's Web Medical Hemp had picked up three more cosponsors. The bill, HR 5526, would amend the Controlled Substance Act to remove cannabidiol (CBD) and "therapeutic hemp" from the definition of marijuana. "Therapeutic hemp" is defined as marijuana plants containing less than 0.3% THC. The bill was introduced by Rep. Scott Perry (R-PA) and now has 36 cosponsors -- 20 Democrats and 16 Republicans. The latest are Reps. Jimmy Duncan (R-TN), Zoe Lofgren (D-CA), and Austin Scott (R-GA). The bill has been assigned to subcommittees of the House Judiciary and House Energy and Commerce committees.

California

Last Wednesday, the city of La Mesa was moving to shut down three dispensaries. The move comes after voters there failed to pass a municipal initiative to authorize and regulate the dispensaries. The dispensaries have until November 22 to close their doors, city officials said.

Last Thursday, San Diego moved ahead on shutting down unpermitted dispensaries. San Diego officials forced yet another unpermitted dispensary to shut down Thursday after shutting down four others three weeks ago. About 50 unpermitted dispensaries still operate in the city, which is going to allow permitted dispensaries to begin operating early next year.

Connecticut

Last Friday, state officials announced a hearing on adding new qualifying conditions. The state Department of Consumer Protection is considering whether to expand the state's quite restrictive list of qualifying medical conditions to include sickle cell anemia, Tourette's syndrome, "failed back syndrome," severe psoriasis, and psoriatic arthritis. The Board of Physicians will hold a public hearing on the matter on November 26. Click on the title link for more information.

Florida

Last Friday, a state judge rejected the Health Department's medical marijuana grower lottery plan. The state legislature this year approved the use of low-THC, high-CBD cannabis oils, but now an administrative law judge has ruled that the Department of Health's plan to use a lottery to choose growers is not the way to go. "I knew that the lottery became strictly a chance-based scenario and it wasn't merit-based or experience-based. And to me, I had to object to it," said Judge W. David Watkins in his order last Friday. The ruling should result in a better system of distributing licenses, but it could also delay when the cannabis oil actually becomes available to patients.

Georgia

On Monday, a state legislator prefiled a low-THC, high-CBD medical marijuana bill. State Rep. Allen Peake (R-Macon) has pre-filed a bill that would legalize a form of medical marijuana in the state. At this point, House Bill 1 is little more than a mission statement, with details to be filled in later, Peake said. Peake tried to do the same thing in the just finished legislative session, but that bill died on the last day of the session.

Iowa

On Monday, a Board of Pharmacy committee heard debate on reclassifying marijuana. The board met Monday in Des Moines to hear debate on whether marijuana should be moved from Schedule I to Schedule II under state law. Such a move would be a step toward allowing medical marijuana in the state. The board is responding to a petition from long-time Iowa medical marijuana activist Carl Olsen. The committee is expected to make a recommendation on the matter to the full Board of Pharmacy on Wednesday.

Maryland

Last Thursday, a state commission approved medical marijuana regulations. The commission charged with drafting the regulations approved them Thursday, but they still need to be approved by a legislative panel and the state's health secretary. The approval came after a delay last month, when some critics said fees for growers and dispensaries were too high. They still ain't cheap: Fifteen licensed growers will have to pay $250,000 every two years, while dispensaries will have to pay $80,000 every two years. The program isn't expected to be operational until 2016.

Rhode Island

On Wednesday, the state's third and final dispensary opened. The Summit Medical Compassion Center is set to open in Warwick tomorrow. There are two others in the state, one in Portsmouth and one in Providence. Three is all the state's medical marijuana law allows.

South Carolina

Last Thursday, a state senator said he will introduce a medical marijuana bill. State Sen. Tom Davis (R-Beaufort), who sponsored a successful low-THC, high-CBD medical marijuana bill this year, said Thursday he will sponsor a full-fledged medical marijuana bill next year. He made the announcement at a meeting of the state Medical Marijuana Study Committee at Clemson University.




Another Southern California Man Killed in Police Drug Investigation
by psmith, November 19, 2014
StopTheDrugWar

Police doing a drug investigation in Riverside, California, shot and killed a man after he pointed a gun at them Tuesday afternoon. The as yet unnamed dead man becomes the 36th person to die in US domestic drug law enforcement operations so far this year and the second in Southern California in the past week.

According to The Riverside Press-Enterprise, citing police sources, officers taking part in a drug investigation tried to stop a vehicle, but the driver didn't stop until he reached a driveway and then fled on foot with officers in pursuit.

When the man reached the back yard of a home, he stopped, turned, and pointed a pistol at the pursuing officers, police said. Officers then opened fire, killing the man.

"The suspect is deceased," Lt. Mike Cook said from the scene.




Chronicle AM: OR Pot Tax Battle, MA Mandatory Minimums Under Fire, More (11/19/14)
by psmith, November 19, 2014
StopTheDrugWar

Oregon cities will fight to be allowed to tax marijuana, the CRS says state-level legalization leaves the US vulnerable to criticism on international drug treaties, federal reform bills pick up more sponsors, Hawaii medical marijuana patients get some rental protections, Iran is fine with executing drug traffickers, and more. Let's get to it:

Marijuana Policy

Congressional Research Service Says Legalization Leaves US Vulnerable to Charges It Violates International Drug Treaties. In a report released this week, the Congressional Research Service said state-level marijuana legalization challenges the international drug treaties, but that legalization in the District of Columbia would be the most direct affront because Congress has oversight over DC laws and the ability to void them. "This line of reasoning suggests that if Initiative 71 is permitted to take effect, this inaction by the federal government may strengthen the [International Narcotics Control] Board's argument that the United States has not fulfilled its commitments under the Single Convention," the report said. Congress could challenge DC legalization, but it appears there is little interest in doing so.

Oregon Cities Seek to Tax Marijuana. The League of Oregon Cities says it will ask the legislature to amend the voter-approved Measure 91 legalization initiative to explicitly allow local taxes imposed before the measure was approved earlier this month. Measure 91 sponsors say they will oppose the move because it could drive prices up high enough to encourage users to continue to resort to the black market. The legislature is considering forming a joint committee to consider this and regulatory issues in the wake of Measure 91's passage. Measure 91 allows for the state to tax marijuana, but not localities. Some 70 Oregon localities passed tax measures before Measure 91 was approved.

Medical Marijuana

Federal Charlotte's Web Medical Hemp Act Picks Up New Cosponsors. The bill, HR 5526, would amend the Controlled Substance Act to remove cannabidiol (CBD) and "therapeutic hemp" from the definition of marijuana. "Therapuetic hemp" is defined as marijuana plants containing less than 0.3% THC. The bill was introduced by Rep. Scott Perry (R-PA) and now has 36 cosponsors -- 20 Democrats and 16 Republicans. The latest are Reps. Jimmy Duncan (R-TN), Zoe Lofgren (D-CA), and Austin Scott (R-GA). The bill has been assigned to subcommittees of the House Judiciary and House Energy and Commerce committees.

Hawaii Law Protecting Medical Marijuana Patient Housing Rights Goes Into Effect. As of this month, a new law voids provisions in state rental agreements that previously allowed for tenants to be evicted based on their status as registered medical marijuana patients. The Medical Cannabis Coalition of Hawaii fought for and now applauds this step toward protecting patient rights. The law does not, however, protect people living in government-subsidized housing.

Asset Forfeiture

Federal Civil Asset Forfeiture Reform Act Picks Up New Cosponsor. The bill, HR 5212, would strengthen protections against asset forfeiture and require that seizures be proportional to the offense. It was sponsored by Rep. Tim Walhberg (R-MI) and now has 20 cosponsors -- 15 Republicans and five Democrats. The latest is Rep. Tony Cardenas (D-CA). The bill is before the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Drug Treatment

Federal Comprehensive Addiction and Recovery Act Picks Up New Cosponsors. The bill, S 2389, was introduced by Sen. Sheldon Whitehouse (D-RI). It would provide grants to community-based anti-drug coalitions, create treatment instead of incarceration programs, and provide for evidence-based opioid treatment interventions, among other provisions. It now has six cosponsors -- four Democrats and two Republicans. The latest are Sens. Dianne Feinstein (D-CA) and Al Franken (D-MN). It is before the Senate Judiciary Committee.

Sentencing

Federal Smarter Sentencing Act Picks Up New Cosponsors. The bill, HR 3383, was introduced by Rep. Raul Labrador (R-ID) and would allow federal judges to sentence most drug offenders without regard to mandatory minimum sentences. It would also allow crack cocaine offenders sentenced before 2010 to seek sentence reductions. It now has 55 cosponsors -- 36 Democrats and 19 Republicans, and is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Federal Second Chance Reauthorization Act Picks Up New Cosponsor. The bill, HR 3465, was introduced by Rep. James Sensenbrenner (R-WI) and would expand federal grants to aid former prisoners reentering society. It has 45 cosponsors -- 37 Democrats and eight Republicans. The latest is Rep. Grace Meng (D-NY). It is before the House Judiciary Committee Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Massachusetts Chief Justice Renews Call for End to Mandatory Minimums for Drug Offenders. After a visit to Worcester Trial Court to meet with local court officials and employees, Supreme Judicial Court Chief Justice Ralph Gants reiterated an earlier call to abolish mandatory minimums for drug offenders. He said he wants "individualized, evidence-based" sentencing. "Everybody sort of feels that the drug problem is not getting any better. I think everybody recognizes that we're not going to incarcerate ourselves out of the problem," he said.

Massachusetts Criminal Justice Panel Recommends Eliminating Mandatory Minimums for Drug Offenders. The Special Commission to Study the Commonwealth's Criminal Justice System has recommended ending mandatory minimum sentences for all drug offenses in the state. It is also calling for parole eligibility for all inmates who have served at least two-thirds of the lower end of their sentences, except for those convicted of murder or manslaughter. The commission is working on a report for incoming Gov. Charlie Baker (R). Baker signaled support for ending mandatory minimums for drug offenders during the campaign.

International

Iran Rejects Criticism of Its Resort to the Death Penalty for Drug Traffickers. Iranian Justice Minister Mostafa Pourmohammadi Tuesday rejected criticism from human rights campaigners and UN human rights bodies over its frequent executions of drug traffickers. "We do not accept the statements made by the UN human rights bodies that drug-related convicts should not be executed," he said. He added that anyone who smuggles or deals drugs deserves to be executed.

Report on Drug Policy Progress in Asia. The Open Society Foundations Global Drug Policy Program has published "Moving the Needle on Drug Policy in Asia," which examines innovations in drug policy in an area that boasts some of the world's harshest drug policies. The report looks at harm reduction programs in Taiwan and drug treatment programs in Malaysia. Click on the title link to read it.




This Week's Corrupt Cops Stories
by psmith, November 19, 2014
StopTheDrugWar

A Baltimore cop who insisted on arresting the wrong guy is in trouble, a suburban Chicago cop who tried to be a little too helpful to some women has lost his job, and a Tennessee cop facing federal drug-related money laundering charges retires with his benefits. Let's get to it:

In Baltimore, a Baltimore police officer was charged last Friday with arresting on drug charges a man he knew was innocent. Officer Steven Slack was part of an arrest team directed to detain a man observed by hidden officers making a hand-to-hand drug deal, but he placed the wrong person under arrest. Even though he was informed by the observing officers that he had the wrong guy, Slack arrested him anyway and wrote up an arrest report claiming he had committed the crime. Slack is now charged with official misconduct and perjury.

In Newport, Tennessee, a Newport police officer facing money laundering charges retired last Wednesday. Former Captain Roger Lynn Schults, 54, had been indicted in July on one count of conspiracy to commit money laundering and three counts of money laundering along with another Newport police officer, the officer's wife, who is a city alderwoman, and their son. The federal charges involve a hydrocodone distribution ring. It looks like Schults will get his retirement benefits, too, according to his brother, Newport Police Chief Maurice Schults.

In Hoffman Estates, Illinois, a Hoffman Estates police officer has resigned after being caught phoning female partiers at a local hotel and warning them that police were on the way because of a marijuana smoke and loud noise complaint. The officer, who has not been named, had met the two women earlier in the evening during a traffic stop. One of the women, who was later arrested on a prostitution charge, told arriving officers "one of your cops keeps calling us, and he just called telling us the cops were on the way." He signed a separation agreement with the department in September, and faces no administrative or criminal charges.




Chronicle AM: Marley Marijuana, New Player in Maine, DC OKs Forfeiture Reform, More (11/18/14)
by psmith, November 18, 2014
StopTheDrugWar

Get ready for "Marley Natural" weed, there are now competing legalization efforts in Maine, a high-CBD medical marijuana bill is the first one pre-filed for next year in Georgia, the DC city council approves civil asset forfeiture reform, and more. Let's get to it:

Marijuana Policy

Bob Marley Will Become a Marijuana Brand. The family of legendary Jamaican reggae singer and ganja lover Bob Marley has inked a deal with an American private equity group to sell marijuana under the "Marley Natural" name. The deal is with Privateer Holdings, which says on its web site that "Marley Natural is born of Bob Marley's deep respect for the power of nature to heal and inspire us. True to his ideals, we will cultivate fine cannabis, blend infused topicals, and craft accessories that celebrate life, awaken well-being and nurture a positive connection with the world." The Marley-branded weed is expected to show up next year in places where it is legal.

St. Louis Post-Dispatch Supports Putting Marijuana on the Ballot in 2016. In an editorial last week, The St. Louis Post-Dispatch came out in support of the Show Me Cannabis petition drive to put a pot legalization constitutional amendment initiative on the 2016 ballot. "The time for a statewide debate over marijuana legalization is ripe," the newspaper editorialized. "Let the great pot debate of 2016 begin." The Post-Dispatch is Missouri's second largest daily circulation newspaper.

Second Legalization Effort Emerges in Maine. A new group has emerged seeking to free the weed in Maine. Legalize Maine says it will take "a homegrown approach" to legalization and will include the legalization of marijuana social clubs. It has registered the LegalizeMaine.org and LegalizeMaine.com web sites, but there's nothing on them yet. The Marijuana Policy Project has been working Maine for the past several years and plans to run a 2016 legalization initiative there. This could complicate matters.

Medical Marijuana

Georgia Legislator Pre-Files Low-THC, High-CBD Medical Marijuana Bill. State Rep. Allen Peake (R-Macon) has pre-filed a bill that would legalize a form of medical marijuana in the state. At this point, House Bill 1 is little more than a mission statement, with details to be filled in later, Peake said. Peake tried to do the same thing in the just finished legislative session, but that bill died on the last day of the session.

Iowa Board of Pharmacy Committee Hears Debate on Reclassifying Marijuana. The board met Monday in Des Moines to hear debate on whether marijuana should be moved from Schedule I to Schedule II under state law. Such a move would be a step toward allowing medical marijuana in the state. The board is responding to a petition from long-time Iowa medical marijuana activist Carl Olsen. The committee is expected to make a recommendation on the matter to the full Board of Pharmacy on Wednesday.

Rhode Island's Third and Final Dispensary Opens Tomorrow. The Summit Medical Compassion Center is set to open in Warwick tomorrow. There are two others in the state, one in Portsmouth and one in Providence. Three is all the state's medical marijuana law allows.

Asset Forfeiture

DC City Council Votes Unanimously for Civil Asset Forfeiture Reform. The council voted unanimously today to reform the way the nation's capital handles asset forfeiture. The measure would direct seized funds to the city's general fund instead of the police department and it establishes more protections for citizens in the asset forfeiture process.

International

Marijuana Legalization Debated in Frankfort. For the first time, a German city has officially debated changing its marijuana laws. Officials heard from police, economists, doctors, and drug counselors. A city health department official, Rosemarie Heilig, called for a pragmatic approach to dealing with marijuana that stresses counseling and therapy instead of punishment.




Chronicle AM: Congress Unlikely to Mess With DC Marijuana Legalization, Guatemala Could Legalize Next Year, More (11/17/14)
by psmith, November 18, 2014
StopTheDrugWar

Congress may "just say meh" to DC legalization, Washington state's first pot auction was a success, it's back to the drawing board for Florida Charlotte's Web regulators, Lebanese hash farmers have an unusual problem, Guatemala's president said pot legalization could be coming soon, and more. Let's get to it:

Marijuana Policy

Congressional Republicans Not Too Interested in Blocking DC Legalization. Congressional Republicans, eager to wage battle against President Obama and the Democrats on immigration reform and the Affordable Care Act, don't appear that interested in trying to block the District of Columbia from implementing the marijuana legalization initiative voters approved on Election Day. The Washington Post quoted several senators who said they had other things on their minds. "That's pretty far down my list of priorities," said Sen. Lindsey Graham (R-NC). "I haven't given it one thought," said Sen. Rob Portman (R-OH). The Post also quoted a Heritage Foundation analyst as saying trying to block DC legalization could cost valuable political capital and expose a rift between GOP social conservatives and libertarians.

Washington State's First Pot Auction Brings in $600,000. In the first auction of legally licensed and produced marijuana in the state, Fireweed Farms sold more than 300 pounds of pot Saturday at an average price of $2,000 a pound. That's a $600,000 payday for the growers.

Pot Smoking Tickets Up Nearly Five-Fold in Denver. Through the first three quarters of this year, Denver police have cited 668 people for public pot smoking, compared to just 117 during the same period last year. That's a 471% increase. Even under legalization, public display and consumption of marijuana remains a no-no. Some advocates said public consumption will be an issue until the city allows for it to be consumed in bars or pot clubs.

Medical Marijuana

Florida Judge Rejects Medical Marijuana Growers Lottery Plan, Sends Health Department Back to Drawing Board. The state legislature this year approved the use of low-THC, high-CBD cannabis oils, but now an administrative law judge has ruled that the Department of Health's plan to use a lottery to choose growers is not the way to go. "I knew that the lottery became strictly a chance-based scenario and it wasn't merit-based or experience-based. And to me, I had to object to it," said Judge W. David Watkins in his order last Friday. The ruling should result in a better system of distributing licenses, but it could also delay when the cannabis oil actually becomes available to patients.

Asset Forfeiture

Scranton Times-Tribune Calls for Asset Forfeiture Reform. One of Pennsylvania's mid-level newspapers has jumped on the asset forfeiture reform bandwagon. In a Monday editorial, The Scranton Times-Tribune called for federal civil asset forfeiture reform. Citing "pervasive abuses" by state, local, and federal law enforcement agencies, the newspaper called on the Congress to pass pending asset forfeiture reform legislation, and for Pennsylvania officials to examine whether the state's asset forfeiture law needs reform as well.

Prescription Drugs

DEA Pays Visit to NFL Teams Over Use of Pain Relievers. Spurred by reports of widespread use of prescription pain relievers in a recent lawsuit filed against the NFL, DEA agents Sunday visited several NFL teams to question medical staff members about their prescribing practices for drugs used to energize players before games and relieve their pain afterward. The DEA characterized the visits as "administrative," and nothing was seized and no one detained. "Our role is law enforcement, and we have the regulatory authority to make sure anyone who has a license operates within the law," said DEA spokesman Rusty Payne.

Harm Reduction

Chicago Recovery Alliance's Harm Reduction Gets Work Some Notice. The DePaul University newspaper The DePaulia has profiled the Windy City's Chicago Recovery Alliance and the harm reduction work in which it is engaged. The newspaper calls harm reduction "a small movement in the United States meant not to stigmatize drug users, but to safely educate and assist drug users with the ultimate purpose of reducing risk and eliminating drug-related complications and deaths." It's actually a pretty good overview of the harm reduction field.

International

With Lebanese Army Busy with Syrian Civil War, Hash Farmers Are Cursed By Oversupply. For the second year in a row, the Lebanese Army has been too concerned with the fighting on its borders to get around to eradicating marijuana crops in the Bekaa Valley, but the hash farmers can't win for losing. Now they face a flooded market and falling prices. Before the Syrian civil war and the glut, farmers were getting $1,500 for 1.2 kilos of hash; now that price has fallen to $500. Not only is the glut the problem, but political and military insecurity have made smuggling more difficult as well, feeding further downward price pressures.

Guatemala President Says County Could Legalize Marijuana Next Year. In an interview with TeleSur TV on Saturday, President Otto Perez Molina said Guatemala would decide early next year whether to follow Uruguay on the path to marijuana legalization. Perez Molina has also made similar noises about legalizing opium poppy production. Stay tuned.




Southern California Man Dies in Drug Raid Shootout
by psmith, November 15, 2014
StopTheDrugWar

A shootout that erupted Thursday afternoon when police in San Bernardino, California, followed a drug suspect to his home left one man dead and a Downey Police undercover officer seriously wounded. The as yet unnamed dead man becomes the 35th person to die in US domestic drug law enforcement operations so far this year.

According to CBS 2 News, a Downey Police undercover unit was attempting to serve a search warrant at the residence when they were "immediately hit by gunfire." One officer was struck in the arm, backside, and chest, but was wearing a protective vest and was treated and released from the hospital that same night.

The suspect was shot and killed in the home's front yard. A SWAT team later entered the home and found "a large quantity of narcotics."

According to KTLA 5 News, police doing a narcotics investigation had followed the suspect to the scene. KTLA also reported that the same officer who was wounded was the one who shot and killed the suspect.




This Week's Corrupt Cops Stories
by Phillip Smith, October 29, 2014
StopTheDrugWar

New York, San Francisco, and Phoenix all had corrupt cop cases this week. So did East Orange, New Jersey. Let's get to it:

In East Orange, New Jersey, an East Orange police officer was indicted last Thursday along with two others on charges she was dealing cocaine out of her home. Officer Rajheher Massenburg, 35, now faces charges of official misconduct and conspiracy to distribute narcotics in what appears to be a cocaine ring run by her housemate and father of her children. Her housemate got hit with more serious charges, including multiple counts of cocaine distribution.

In San Francisco, a former San Francisco police officer pleaded guilty last Thursday in a major corruption case that involved stealing money and drugs from suspects and distributing the ripped off drugs. Reynaldo Vargas copped to four felony counts and promised to testify against his former colleagues in their upcoming trial. In his plea agreement, he admitted that "I stole computers and other property from subjects during searches and arrests. I took the computers and other property, including gift cards and money, during law enforcement operations and, rather than booking them into evidence as I was required to do, I kept them for my own personal use and enrichment." He also admitted stealing marijuana from a UPS parcel police had intercepted and turning it over to informants to sell.

In New York City, a former NYPD officer was found guilty Monday of helping what he thought were drug dealers to move several kilos of heroin from the Bronx to Brooklyn. Jose Ramos went down in a sting operation and was convicted of attempted possession of a controlled substance, attempted grand larceny, and attempted robbery. It's not over for Ramos. He still faces a conspiracy count for trying to get an informant killed. The Ramos case also led directly to the NYPD ticket-fixing scandal, in which more than a dozen cops are accused of fixing parking and traffic tickets for friends and family members. Those cops go on trial in January.

In Phoenix, a former Phoenix police officer was sentenced last Friday to 3 ½ years in prison for stealing drugs from the department evidence room. William McCartney had pleaded guilty in June to one count each of theft and fraudulent schemes. He originally faced 40 counts.




Medical Marijuana Update
by Phillip Smith, October 29, 2014
StopTheDrugWar

A bad court ruling in Arizona, a good court ruling in Michigan, trouble for Florida's Measure 2, actions against dispensaries in California, and more. Let's get to it:

Arizona

Last Thursday, a state appeals court held that medical marijuana users can be charged with DUI even if they're not actually impaired. Arizona has a zero-tolerance drugged driving law, and the state Court of Appeals ruled last week that the state's medical marijuana law does not provide immunity from prosecution, even if they are not impaired and only test positive for the presence of marijuana metabolites. The case is Darrah v. City of Mesa.

California

Last Wednesday, four San Diego dispensaries were shut down by court order. San Diego authorities won court orders earlier in the week to close four dispensaries they said were operating illegally in the city. All four had closed their doors by Wednesday. The city has just adopted a permitting process for dispensaries and the first permit was handed out recently, but a number of dispensaries are operating in the city without permits. The city has shut down more than 200 unpermitted dispensaries since 2009, the city attorney's office said.

Last Thursday,the DEA raided two Los Angeles dispensaries. DEA agents raided two Los Angeles dispensaries that staffers claim were fully compliant with state laws. Raiders hit two locations of The Farmacy, one in West Hollywood and one in Westwood, seizing cash, computers, and medical marijuana. No arrests were made. The Farmacy's Venice Beach location wasn't hit, but staffers said they thought that was because it had recently moved and the DEA couldn't find it.

On Tuesday, Humboldt County supervisors approved a more restrictive cultivation ordinance. Saying they were trying to reduce neighborhood nuisances caused by excessive cultivation, supervisors voted unanimously to limit outdoor grows to 100 square feet on plots under five acres and 200 square feet on plots larger than that.

Also on Tuesday, Sonoma County supervisors directed planning officials to review the county's cultivation ordinance. Currently, people can grow up to 30 plants or up to 100 square feet. Supervisor Shirley Zane tried two years to tighten the rules, but had to back down in the face of loud opposition. Now, she wants to try again.

Florida

On Monday, another poll suggested that Measure 2 is in danger. A Gravis Marketing poll has support for the Measure 2 medical marijuana initiative at 50%, with 42% opposed and 8% undecided. Because it is a constitutional amendment, the initiative needs 60% to win. Gravis had the initiative with 62% in August and 55% early this month. On the other hand, the United for Care campaign sent an email to supporters last night claiming its internal polling had the initiative at 61%. Click on the poll link for methodological details.

Also on Monday, news came that Republican money man Sheldon Adelson had put up another $1 million to defeat Measure 2. Las Vegas casino magnate and Republican sugar daddy Sheldon Adelson has thrown another million dollars into the battle to defeat the Measure 2 medical marijuana initiative. Opponents of the initiative have raised $5.8 million to defeat it; Adelson is responsible for $5 million of that. Overall, opponents have spent $5.5 million, pretty much matching supporters, who have so far spent $6.5 million.

Michigan

Last Friday, the state court of appeals held that medical marijuana users are entitled to unemployment compensation. State-approved medical marijuana patients are eligible for unemployment compensation if the only reason they were fired is that they tested positive for the drug, the state Court of Appeals ruled Friday. The decision was based on the courts' reading of the state's medical marijuana law, which prohibits penalties for those who legally use medical marijuana. The series of consolidated cases in which the court ruled begins with Braska v. Challenge Manufacturing Company.

Pennsylvania

On Monday, a state senator urged DAs to not prosecute medical marijuana cases. Sen. Daylin Leach (D-Montgomery), sponsor of a medical marijuana bill stalled in the House after passing the Senate, called on prosecutors to not go after patients. Leach made the call in a