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Medical Marijuana Update

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 letter to the Pennsylvania District Attorneys Association. "Given the likelihood that using lifesaving medical cannabis will not be a legal issue in Pennsylvania for much longer, I ask that you consider using your prosecutorial discretion," he wrote. "I ask that you perform an act of compassion."

Washington

Last Thursday,Seattle warned dispensaries they will need state licenses. The city of Seattle has sent letters to 330 dispensaries operating there that they will need to be licensed by the state. The only problem is there is no such license for medical marijuana businesses. The city council had placed the requirement on hold until the state legislature decides whether and how to license dispensaries, but the letter warns that as of January 1, 2015 (or January 1, 2016 if the legislature doesn't act before then), dispensaries must have state licenses or close their doors. Click on the title link to see the letter.

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

Chronicle AM: OR Measure 91 Race Tightens, ACLU Petition on Police Militarization, Chile MedMJ, More (10/29/14)

There's a scary poll out in Oregon, the Drug Policy Alliance grades the House of Representatives, the ACLU has a petition to stop the Pentagon sending surplus military equipment to police forces, and more. Let's get to it:

Announcing the first permitted medical marijuana planting in Chile today. (fundaciondaya.org)
Marijuana Policy       

Latest Poll Has Oregon Measure 91 in Dead Heat. The latest poll from the Oregonian has the Measure 91 legalization initiative trailing in a tight race, but within the poll's margin of error. The poll of likely voters had 44% supporting the measure, with 46% opposed and 9% undecided or refusing to answer. The poll's margin of error is +/- 5%. An earlier survey by Oregon Public Broadcasting had the measure leading with 52%. One possible explanation for the difference in the polls is the age breakdown among the respondents. The OPB poll had a higher number of younger voters, who tend to support the measure, but who also tend to be less likely to vote than older voters.

Drug Policy

Drug Policy Alliance Voters' Guide Grades US Representatives. The Drug Policy Action Network, the lobbying and campaign arm of the Drug Policy Alliance (DPA), has released its 2014 Drug Policy Reform Congressional Voter Guide, which grades members of Congress on how they voted on seven key drug policy issues this year and last. The guide names 10 representatives as "champions of reform." They are Reps. Earl Blumenauer (D-OR), Steven Cohen (D-TN), Sam Farr (D-CA), Barbara Lee (D-TX), Thomas Massie (R-KY), Eleanor Holmes Norton (D-DC), Beto O'Rourke (D-TX), Jared Polis (D-CO), Dana Rohrabacher (R-CA), and Bobby Scott (D-VA).  DPA says the guide is not just to educate voters, "but also to send a firm message to elected officials that they will be held accountable for supporting draconian policies that exacerbate the worst harms of the drug war." It names 141 representatives who failed to get a passing grade. 

Law Enforcement

ACLU Petitions to End Program Giving Surplus Military Equipment to Police Agencies. The American Civil Liberties Union (ACLU) has begun a petition drive designed to "stop arming local and state law enforcement with military equipment" and "impose a moratorium on the 1033 program to temporarily halt equipment transfers and create transparency and safeguards within this program." 1033 is the program under which surplus US military equipment, such as Humvees, armored personnel carriers, and the like are given free of charge to local and state police. The program has come under increased fire in the wake of heavily militarized police deployments in Ferguson, Missouri, after the police shooting of Michael Brown. Go to the link to sign the petition, then spread the word on social media platforms.

International

Mexico Announces Arrest of Four Drug Gang Members in Case of Missing Student Teachers. Attorney General Jesus Murillo Karam Tuesday announced the arrest of four Guerreros Unidos cartel members who allegedly confessed to participating in the disappearance of 43 student teachers a month ago after they were detained by police. Murillo said that two of those arrested had admitted receiving the students and were about to reveal their location. The case, which unveiled close ties between drug gangs and local authorities, has roiled Mexican politics ever since the students went missing.

Medical Marijuana Planted Today in Chile. After authorities in the La Florida district of Santiago, the Chilean capital, gave their permission, medical marijuana supporters today planted marijuana plants that will be harvested in April and turned into a cannabis oil to be used to treat pain in cancer patients. The project is being run by the Daya Foundation, and will also include a clinical study of marijuana's effectiveness as a pain reliever. 

Chronicle AM: Latest AK & OR Polls, AZ & MI MedMJ Rulings; Ireland Naloxone, More (10/27/14)

It's nail-biting time for the Alaska and Oregon legalization initiatives, appeals courts in Arizona and Michigan rule on medical marijuana cases, Chuck Schumer (again) wants more money to fight drugs, the acting drug czar opens the harm reduction conference (!), naloxone is coming to Ireland, and more. Let's get to it:

Ireland has approved a pilot program making the opiate overdose reversal drug available. (harmreduction.org)
Marijuana Policy

Latest Poll Has Oregon Measure 91 Under 50%, But With Four Point Lead. The latest SurveyUSA Oregon poll has the Measure 91 legalization initiative leading 44% to 40%, with 16% undecided. All recent polls have shown the measure leading, but as election day draws near, the gap is tightening and support is hovering under 50%. That means it's going to come down to two things: turn-out and how the undecideds break.

Latest Poll Has Alaska Measure 2 Under 50%, But With Four Point Lead. A new Hellenthal and Associates poll has the Measure 2 legalization initiative leading 46.5% to 42.2%, with 11.3% undecided. Those supporting Measure 2 included 29.7% who "strongly favor" and 16.8% who "somewhat favor." Among foes, 35.0% "strongly oppose" and 7.2% "somewhat oppose." Like Oregon, it looks like this one is going down to the wire, and turnout and undecideds will make the difference. Click on the title link for full poll results.

Medical Marijuana

Arizona Appeals Court Holds Medical Marijuana Users Can Be Charged With DUI Even if Not 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.

Michigan Court of Appeals Holds Medical Marijuana Users Can Get 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 State Senator Urges 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, has called on prosecutors to not go after patients. Leach made the call in a letter to the Pennsylvania District Attorneys Association. "Given the likelihood that using lifesaving medical cannabis will not be a legal issue in Pennsylvania for much longer, I ask that you consider using your prosecutorial discretion," he wrote. "I ask that you perform an act of compassion."

Harm Reduction

Acting Drug Czar Opens National Harm Reduction Conference. It wasn't so long ago that top US government officials wouldn't even say the words "harm reduction," but things have changed. Acting director of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) Michael Botticelli opened the 10th Annual National Harm Reduction Conference, which took place in Baltimore over the weekend. "It really is no coincidence that I'm here,"Botticelli said. "I hope that my presence here reflects the Obama administration's commitment to continuing drug policy reform." Botticelli announced no great initiatives, but he did say that he wanted to ensure that "federal policy reflects the needs of people on the ground," and also expressed the hope that his working relationship with the Harm Reduction Coalition will "continue to grow."

Heroin

Kentucky Republican Lawmakers Vow to Push Legislation Targeting Heroin Dealers. Two GOP legislators have pre-filed the Kentucky Heroin Impact Act (BR 164), which would increase criminal penalties for heroin trafficking. "Unless we take action now, our streets will be lined with dead bodies," said bill cosponsor Rep. Joe Fischer (R-Fort Thomas). The bill also calls for increased public education and more funding for drug treatment. Similar legislation died this year in the legislature.

Law Enforcement

Schumer Wants More Federal Dollars to Fight Online Drug Sales. New York US Sen. Charles Schumer (D) wants the Justice Department to turn up the heat on illicit online drug sales, he said today. He said in a statement he would fight to get more money for the department to fight "drug-related cybercrime." "These websites, by allowing users to rate the delivery services of sellers and by offering any drugs imaginable under the sun, are nothing less than an all-you-can order buffet of contraband that need to be investigated and targeted with more intensity,"he added.

Sentencing

Bail Reform Question is on New Jersey Ballot. New Jersey residents will be voting on a measure that could usher in comprehensive bail reform in the Garden State. Public Question No. 1 asks voters to change the state constitution to give judges the ability to deny bail to dangerous suspects, but it also would enact groundbreaking legislation to comprehensively reform the state's broken bail system. That legislation only goes into effect if the question passes. A recent found that on any given day, nearly 75% of the 15,000 individuals in New Jersey jails are awaiting trial rather than serving a sentence. The average length of pretrial incarceration for these individuals is more than ten months. Nearly 40 percent of the total jail population has the option to post bail but lacks the financial resources to do so and more than 10 percent of individuals could secure their release pending trial with $2,500 or less.

International

Irish Heroin Users to Get Overdose Reversal Drug Naloxone. Beginning early next year, some 600 Irish heroin and methadone users and their families will be supplied with naloxone (Narcan), the overdose reversal drug. It's a pilot program from the Health Service Executive, and follows the success of a similar project in Wales. Ireland has suffered around 200 opiate overdose deaths a year in recent years.

Chronicle AM: GOP Rep. Tackles Forfeiture, OR Measure 91 Support, CA Dispensary Troubles, More (10/24/14)

James Sensenbrenner is on the asset forfeiture case, Oregon's Measure 91 picks up some big name endorsements, dispensaries get shut down in San Diego and raided by the DEA in LA, fallout continues in the case of the missing Mexican student teachers, and more. Let's get to it:

Leading academic marijuana policy expert Mark Kleiman grumbles, but says "yes" on Oregon Measure 91 (ucla.edu)
Asset Forfeiture

Key GOP Lawmaker Questions Asset Forfeiture Seizures. US Rep. James Sensenbrenner (R-WI), chair of the House Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, today sent a letter to Attorney General Eric Holder asking him to provide documents and data related to the Justice Department's role in more than 60,000 cash and property seizures under the department's Equitable Sharing Program with state and local law enforcement agencies. "While we must ensure law enforcement is properly equipped, they should not be funded by slush funds accrued by violating Americans' civil liberties," Sensenbrenner said in a statement today. "The implications on civil liberties are dire," he said in the letter. "The right to own property is a fundamental right implicitly recognized in the Fourth, Fifth and Fourteenth Amendments. I also believe that it is a human right." Sensenbrenner sent similar letters to the DEA and Department of Homeland Security last week, after a Washington Post investigation that found that 61,998 cash seizures of more than $2.5 billion have been made since 9/11 without search warrants or indictments through Equitable Sharing.

Marijuana Policy

Marijuana Policy Expert Mark Kleiman Says Yes on Oregon's Measure 91. He grumbled, but in the end, academic marijuana policy expert and Washington state legalization implementation maven Mark Kleiman has come down in favor of Oregon's Measure 91 marijuana legalization initiative. Even though he says the initiative doesn't reflect "a sophisticated understanding of the problems of illegal markets or a nuanced view about substance abuse disorder" and says that claims that legalization will reduce youth access to marijuana don't pass "the giggle test," "the choice Oregon voters face isn't between what's on the ballot and some perfectly designed cannabis policy; it's between what's on the ballot and continued prohibition at the state level, until and unless a better initiative can be crafted, put before the voters, and passed into law." Bottom line? "It's not an easy choice; as a Californian, I'm glad I don't have to make one like it (yet). But if I had to vote in Oregon, I'd vote 'Yes.'" Click on the link to read the whole piece.

Oregon US Senator Jeff Merkley Says He Will Probably Vote Yes on Measure 91. US Sen. Jeff Merkley (D-OR) has said he is inclined vote in favor of the Measure 91 marijuana legalization initiative. "I think folks on both sides of the argument make a good case," Merkley said. "And there is concern about a series of new products -- and we don't have a real track record from Colorado and Washington. But I feel on balance that we spend a lot of money on our criminal justice system in the wrong places and I lean in favor of this ballot measure." If he does vote yes, he will become the first US senator to support legalizing marijuana in his home state.

Medical Marijuana

Four San Diego Dispensaries Shut Down By Court Order. San Diego authorities won court orders earlier this 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.

DEA Raids Two Los Angeles Dispensaries. DEA agents Thursday 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.

Drug Testing

Key West Job Offer Drug Test Case to Go to Jury. A Florida woman who sued the city of Key West for rescinding a job offer after she refused to take a pre-employment drug test will have to seek damages before a jury, a federal judge has ruled. Karen Voss had sued, arguing that all suspicionless, pre-employment drug tests were unconstitutional, and she won a summary judgment holding the city liable. She then filed a second motion seeking financial relief for her losses. US District Judge James Lawrence King ruled that a jury must determine what damages, if any, will be awarded, but he did not address whether mandatory, pre-employment drug testing was constitutional.

International

Irish Report Finds Drug Law Enforcement Has Little Impact on Drug Availability. In a study commissioned by the Irish government's drug advisory body, the National Committee on Drugs and Alcohol, researchers have found that the availability of drugs is "largely unaffected" by law enforcement anti-drug operations and recommended that police focus on drug markets causing the most community harm. Both police and dealers agreed that police operations had "no impact on availability" other than temporary reductions because of stiff competition, massive profits, and a steady demand for drugs. The 328-page report is Illicit Drug Markets in Ireland.

Mexico Missing Student Teacher Scandal Forces Guerrero's Governor to Resign. Guerrero Gov. Angel Aguirre Thursday said he was taking a leave of absence. He is not expected to return to office. Aguirre becomes the highest ranking politician yet to fall victim to the festering scandal over the case of 43 radical student teachers missing for more than a month after being seized by local police forces and Guerreros Unidos drug gang members working hand-in-hand with them. The mayor of Iguala, the city where they were seized, and his wife, also face arrest, but they have fled. Several mass graves have been found in the search for the students, but the bodies in them don't appear to be the students. The case has seen mass protests in Mexico City, as well as violent protests in the Iguala and Chilpancingo, the capital of the state.

Chronicle AM: NAACP & NOW Support DC Init, Pot Shop ATM Problems, Mexico Impunity, More (10/23/14):

Marijuana retailers face ATM problems, Seattle dispensaries get a heads up, the DC initiative wins a pair of endorsements, California's Prop 47 is drawing big bucks support, the Mexico missing student teacher story gets uglier, and more. Let's get to it:

You may need cash at your local marijuana retailer after a banking network pulled the plug. (Sonya Yruel/DPA)
Marijuana Policy

Pew Poll: Latinos Are Even Split on Marijuana Legalization. A new Pew Research Center survey finds that Latino voters are slightly less likely than the population as a whole to favor marijuana legalization, but are almost evenly divided in their opinions. Some 49% said marijuana should be legal, while 48% said it shouldn't. A Pew poll earlier this year found support for marijuana legalization among the general population at 53%.

Banking Network Pulls the Plug on Pot Shop ATMs. Hundreds of recreational and medical marijuana retail outlets in Colorado and Washington have had their ATMs shut down after the South Dakota-based MetaBank pulled the plug on them. MetaBank had warned ATM providers in January that the presence of such machines in marijuana retail outlets violated federal rules, but shops had remained unaffected until this week. Other retail outlets using different bank networks were still able to process transactions.

DC Initiative Wins Endorsement from NAACP, NOW Branches. The DC marijuana possession and cultivation legalization initiative, Measure 71, has picked up the endorsements of the local chapters of the National Association for the Advancement of Colored People (NAACP) and the National Organization for Women (NOW). "The NAACP DC Branch strongly advocates to end the war on drugs, which has caused significant damage in our communities. Endorsement of Initiative 71 does not mean that the NAACP is pro marijuana, however, we view Initiative 71 as a step towards ending discriminatory drug policies." said Akosua Ali, President of the NAACP DC Branch. "Criminalization of marijuana has played a major role in the racial disparities and injustice in the criminal justice system," said Susan Mottet, president of DC NOW. "DC NOW works to end all discrimination in DC and urges the voters to pass Initiative 71 to help put an end to this tool for discrimination."

Medical Marijuana

Seattle Warns Dispensaries They Will Need Licenses, But… The city of Seattle has sent letters to 330 dispensaries operating there that they will need to be licensed by the state. The only problem is there is no such license for medical marijuana businesses. The city council had placed the requirement on hold until the state legislature decides whether and how to license dispensaries, but the letter warns that as of January 1, 2015 (or January 1, 2016 if the legislature doesn't act before then), dispensaries must have state licenses or close their doors. Click on the title link to see the letter.

Sentencing

California Defelonization Initiative Picking Up Big Bucks Support. Proposition 47, he initiative that would defelonize drug possession and some other offenses, is getting generous contributions from California-based technology mavens and other business figures, but those donations are being dwarfed by the ACLU, which has contributed more than $3 million. Some of the big names include Netflix CEO Reed Hastings ($246,000); Cari Tuna, the wife of Facebook billionaire Dustin Moskovitz ($150,000), Democratic Party funder Quinn Delaney ($100,000), Hyatt Development Corporation CEO Nick Pritzer ($250,000), and app maker Sean Parker ($100,000).

International

OAS Drug Commission Meets in Colombia. The Inter-American Drug Abuse Control Commission (CICAD) of the Organization of American States (OAS) met in Cartagena, Colombia, yesterday and today, and addressed the consensus among countries that prison overcrowding in the Americas is a real problem, with more than 1.5 million people detained for drug offenses. The results of this initiative will be presented at the upcoming biannual meeting of CICAD that will take place in Guatemala during the third week of November.

Canadian House of Commons Report on Cannabis Harms. The Conservative-dominated House of Commons has issued a report on the harms of marijuana. It recommends raising "public awareness and knowledge of the risks and harms associated with marijuana use." Click on the link to read the report.

NACLA on Race, Class, and Cannabis in the Caribbean. The venerable North American Congress on Latin America (NACLA) has published a thoughtful piece about marijuana reform in the Caribbean, The Other Side of Paradise. In in, author Kevin Edmonds cites Caribbean activists to the effect that the region must act effectively on reforms or risk losing its lucrative, but currently illicit, pot crops to imported marijuana from places where it's already legal. An interesting read.

Case of Missing Mexican Student Teachers Unveils Tight Ties Between Local Officials, Drug Gang. Mexico's top prosecutor said Wednesday that the mayor of Iguala and his wife ordered the attack on 43 radical student teachers who have been missing for a month now, and that the wife, Maria de los Angeles Pineda, was the "principal operator" of the Guerreros Unidos drug gang, which is being blamed for disappearing the students. Jesus Murillo Karam said the mayoral couple ran the group's illegal activities out of Iguala's city hall. City hall was attacked again Wednesday by protestors demanding the return of the students, and thousands marched in Mexico City to demand justice in the case, which is turning into a national scandal epitomizing the breadth of corruption and impunity in the country. Several mass graves have been found in the area, but the bodies in them haven't been identified as those of the missing students. That raises another touchy question: Whose bodies are in the mass graves?

This Week's Corrupt Cops Stories

A deputy US marshal goes gangster, more prison and jail guards get in trouble, and another pain pill-peddling police officer goes to prison. Just another week in the drug war. Let's get to it:

In Yuba City, California, a deputy US marshal was charged last Wednesday with stealing 24 pounds of marijuana in the guise of a drug raid. Deputy US Marshal Clorenzo Griffin and two other men intended to sell the marijuana, prosecutors said. He went down after a California Highway Patrol officer saw his vehicle run a red light shortly after the robbery and pulled it over. Griffin and the two others are charged with robbery, possessing and distributing marijuana, and brandishing a firearm while committing a crime.

In Terre Haute, Indiana, a former federal prison guard was charged last Wednesday with smuggling drugs into the federal prison there. Edward Tunwar, 54, is accused of providing an inmate with heroin and a cell phone. He is charged with distribution of a controlled substance and two counts of providing contraband in prison.

In Grand Rapids, Michigan, a Kent County jail guard pleaded guilty Monday to charges related to a marijuana butter distribution ring among jail guards. Sgt. Timothy Bernhardt, a 22-year veteran, copped to a single charge of maintaining a drug house. In return he must testify against his fellow officers. Another jail guard accepted an identical plea deal last week. Two other jail guards still face charges.

In Wilkes-Barre, Pennsylvania, a former Hughestown Borough police officer was sentenced last Thursday to 2 ½ years in federal prison for peddling pain pills. Robert Evans Jr. admitted to selling hundreds of the pills while in uniform and on duty. It's not clear what the formal charge was, but he's also looking at three years on probation once he is released.

In Louisville, Kentucky, a former prison guard was sentenced Monday to no jail time in a case where he supplied drugs to female inmates in exchange for sex. James Johnson, 54, had faced numerous charges, but accepted a plea deal to charges of sexual abuse, trafficking a controlled substance, and official misconduct. He got seven years of probation and a diversion program.

Chronicle AM: UT Defelonization Proposed, TX Pot Bills Coming, Afghan Opium Fiasco, More (10/22/14)

Texas will see marijuana reform legislation next year, "Brownie Mary" Democratic Clubs come to California's East Bay, Utah will consider drug defelonization, Afghan poppy fiasco, and more. Let's get to it:

In Afghan fields, the poppies grow... (unodc.org)
Marijuana Policy

Marijuana Policy Project Takes Aim at Texas. The Marijuana Policy Project is working with legislators in Austin to craft a trio of marijuana reform bills to be pre-filed next month. One would decriminalize pot possession, one would allow medical marijuana, and one would be a tax and regulate legalization bill. Click on the title for more details.

California "Brownie Mary" Democratic Clubs Spread to East Bay. Pro-marijuana legalization Democrats have organized the first "Brownie Mary" Democratic Club in the East Bay area. "Brownie Mary" Rathbun was a pioneering medical marijuana activist in San Francisco in the days before Prop 215, and the clubs are a means to articulate a marijuana reform agenda in Democratic Party circles. Now, Alameda County has one. There are others in Los Angeles, Riverside, Sacramento, San Bernardino, and San Francisco counties.

Sentencing

Utah Could Defelonize Drug Possession, Make Other Sentencing Reforms. The Utah Commission on Criminal and Juvenile Justice Wednesday unveiled a sweeping series of proposed criminal justice reforms, including reducing simple drug possession from a felony to a misdemeanor. Other proposals would make drug sales the lowest degree felony and rework "drug free zone" statutes to focus on crimes where children are present. The proposals are expected to go before the legislature in January.

Law Enforcement

A Tale of Two Texas SWAT Drug Raids Where Officers Were Killed. Mother Jones magazine examines the results in two recent Texas SWAT drug raids that left police officers dead. In one case, the shooter was a white marijuana grower. In the other, the shooter was a black man who had a glass pipe. Guess which one got charged with murder and which one didn't. A good, provocative read; check it out at the link.

International

US Spent $7.6 Billion to Fight Afghan Opium Poppy Cultivation, But It's Now at An All-Time High. The US special inspector general for Afghanistan reconstruction has called into question US drug policy there after finding that, despite the US spending $7.6 billion to fight the opium trade since it invaded in 2001, the amount of land dedicated to poppy cultivation is at an all-time high of 523,000 acres. "In past years, surges in opium poppy cultivation have been met by a coordinated response from the US government and coalition partners, which has led to a temporary decline in levels of opium production," John Sopko said in a letter to Secretary of State John Kerry, Defense Secretary Chuck Hagel, and other top US officials. "The recent record-high level of poppy cultivation calls into question the long-term effectiveness and sustainability of those prior efforts,"he said on Tuesday. "With deteriorating security in many parts of Afghanistan and low levels of eradication of poppy fields, further increases in cultivation are likely in 2014," he added.

Chronicle AM: Philly Decrim in Effect, Facebook Chides DEA, Mexico Mayhem, More (10/20/14)

New pot polls in New Hampshire and North Dakota, Philly decrim goes into effect, NYC marijuana arrests continue, Nevada senator wants heroin clinics, Massachusetts' chief justice slams mandatory minimums, Facebook sends a stern letter to DEA, mayhem continues in Mexico, and more. Let's get to it:

Cartel's deadly warning: Hacked tweet from account of murdered Mexican citizen journalist.
Marijuana Policy

Arkansas Attorney General Rejects Legalization Initiative Wording. It's back to the drawing board for Mary Berry and her legalization initiative. Attorney General Dustin McDaniel has rejected the wording of the initiative, citing "ambiguities" in the text and telling her to "redesign" it. McDaniel has already approved the wording for two other initiatives, one for medical marijuana and one that would make it legal to grow and possess marijuana.

New Hampshire Poll Has Healthy Majority for Legalization. A new WMUR Granite State poll has 59% of respondents favoring marijuana legalization, with 35% opposed. Support for legalization is up eight percent over last year. Only 27% favored maintaining the pot prohibition status quo. New Hampshire is one of the states activists are eyeing for a legalization push in the next year or two.

North Dakota Poll Has Only 24% Supporting Legalization. In what must be one of most anti-marijuana poll results in recent years, a University of North Dakota College of Business and Public Administration poll found that more than two-thirds (68%) of respondents opposed marijuana legalization, with only 24% in favor. Even medical marijuana, which typically polls in the 70s or 80s with a generic question, garnered only 47% support. At least that's more than the 41% who opposed it. Click on the link for more poll details.

Dallas March for Legalization and Medical Marijuana. An estimated 5,000 people showed up in Dallas Saturday to rally for medical marijuana and marijuana legalization. The Dallas Marijuana March was sponsored by Dallas-Ft. Worth NORML.

New York City Marijuana Arrests Continue. In a report released today, the Marijuana Arrest Research Project finds that, despite campaign promises from Mayor Bill de Blasio, marijuana possession arrests are on track to equal or even surpass the number of arrests made under his predecessor, Michael Bloomberg. Despite a new mayor and new police commissioner, the NYPD continues its practice of making penny-ante pot arrests, especially of non-white people. Some 86% of those busted under de Blasio were black or Latino. New York State decriminalized personal possession of small amounts of marijuana in 1977, yet over the last twenty years, marijuana possession has become a top law enforcement priority, with nearly 600,000 people having been arrested under this provision in New York City alone, often as the result of an illegal search or as the result of a stop-and-frisk encounter when police demand an individual "empty their pockets," thus exposing marijuana to public view.

Marijuana Decriminalization Now in Effect in Philadelphia. As of today, getting caught with a little pot in Philadelphia will face no more than a $25 fine ($100 if caught smoking it) and, possibly, up to nine hours of community service. The city council approved the measure in June, and Mayor Michael Nutter (D) signed the bill into law October 1.

Wichita Advocates Try Again With New Decriminalization Initiative. Hoping that the second time is the charm, Kansas for Change is plotting a new municipal decriminalization initiative. An effort earlier this year came up short after more than half the signatures turned in turned out to be invalid. They will need to gather 3,000 valid signatures by February 19 to make the deadline for the April 2015 ballot.

NORML PAC Endorses Cory Booker in New Jersey US Senate Race. NORML is standing by Sen. Cory Booker (D) in his bid for reelection in New Jersey. The advocacy group's political action committee has again endorsed Booker, as it did during his 2013 election campaign. "Senator Booker kept the promises he made to champion crucial criminal justice and marijuana reform issues in his first term," said NORML PAC manager Erik Altieri. "If reelected for a full six year term this fall, he will be a strong crusader for rolling back our failed war on cannabis at the federal level. We encourage New Jersey voters to support him in his campaign."

Medical Marijuana

Guam Judge Dismisses Lawsuit; Medical Marijuana Vote to Go Ahead. A US district court judge has dismissed a lawsuit challenging next month's vote on a legislative medical marijuana initiative. Attorney Howard Trapp had sued to block the vote last month on the grounds that a "legislative submission" was illegal under Guam law, but the judge dismissed the lawsuit, saying that Trapp didn't have legal standing to bring it.

Asset Forfeiture

Arizona Tribal Police Seize Student's Car Over Single Joint. An Arizona State University student is going public with her complaint that the Salt River Pima-Maricopa tribal police seized her vehicle over a single marijuana cigarette. The student, identified only as Kayla, said she was pulling over for a traffic infraction, admitted to having a joint, and was then arrested for possession and DUI and her car seized. The Indian tribe's laws allow for forfeiture even for minor marijuana possession. Kayla got her car back 4 ½ months later, but only because it was registered to someone else. The tribe remains unrepentant.

Heroin

Nevada State Senator Calls for Prescription Heroin Clinics. State Sen. Tick Segerblom (D-Las Vegas) is calling for the creation of heroin clinics, where addicts could get prescribed doses of the drugs, as a means of dealing with addiction and issues associated with it. He said he will introduce a bill to that effect in the 2015 legislative session. The clinics would also provide counseling and therapy. "The goal is to get people off the street, out of the criminal element, address their addiction and then hopefully figure out a way to get them off of the drug," Segerblom said.

Sentencing

Massachusetts Supreme Judicial Court Chief Justice Calls for end to Mandatory Minimums. New chief justice of the Supreme Judicial Court Ralph Gants has called for the repeal of mandatory minimum sentences in his first public address since assuming the office. Gants, a former federal prosecutor, noted the "disparate impact" of such sentences on racial and ethnic minorities and challenged drug war orthodoxy. "How well is the status quo working?" he asked. "Heroin is cheaper, more easily available, and more deadly than it has been in my lifetime," he added. "Drug overdose is now the leading cause of accidental death in Massachusetts, exceeding motor vehicle accidents."

Law Enforcement

Facebook Tells DEA to Stop Creating Fake Accounts. The social media giant has sent a strongly-worded letter to the DEA telling the agency to stop creating accounts impersonating real people in its bid to catch drug criminals. The Facebook move comes after the agency was revealed to have used the identity of a real woman, including posting revealing photos of her, as part of its drug-fighting efforts. Facebook is "deeply troubled" by the incident, the letter says, especially since it violates its rules about only using real identities.

International

Mexico Social Media Cartel Watcher Kidnapped, Killed, Body Shown on Her Hacked Twitter Account. Reynosa physician Dr. Maria del Rosario Fuentes Rubio participated in social media crime watch activities, reporting on the doings of drug cartel members, and it cost her her life. She was kidnapped last week and her Twitter account hacked. A photo of her dead body appeared on it, along with a message warning others on her network to close their accounts. "Today my life has reached its end," read one hacked tweet. "I can only tell you not to make the same mistake I did," said another. The hackers also directly threatened another citizen journalist, @ValorTamaulipas, warning that "death is closer than you think."

Mexico Police Arrest Drug Gang Leader Linked to Missing Students. Mexican authorities said last Friday they had arrested Sidronio Casarrubias Salgado, head of the Guerrero Unidos drug trafficking organization. The group has been linked to the disappearance of 43 radical teachers' college students, who went missing after participating in political demonstrations in Iguala. Several mass graves have been found, but it's not clear if the bodies in them are those of the missing students. The incident has led to massive public protests and become a serious crisis for the government of President Enrique Pena Nieto. The same day Casarrubias was arrested, thousands marched in Acapulco to demand the students be found alive. Days earlier, demonstrators set fires in government buildings in the state capital of Chilpancingo.

Honduras Beefs Up Air Force for More, Better Drug War. The Honduran Air Force has purchased two combat fighters from Brazil's Embraer for $29 million and been donated four helicopters worth $36 million from Taiwan as part of an effort to step up its fight against drug traffickers. Honduran President Juan Hernandez has pledged to crack down on drug trafficking, and the Honduran Congress has given the okay to shoot down suspected drug planes transiting national air space.

Marijuana Smoke-In in Melbourne Goes Unimpeded by Police. Some 200 people gathered in Melbourne, Australia, Sunday for a marijuana reform rally that included lots of people smoking pot. Victoria State Police didn't bother to show up.

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

Chronicle AM: OR Battle of the Moms, San Jose Dispensaries Gone, Four Pillars Revisited, More (10/17/14)

Oregon moms take stands on Measure 91, a new Delaware poll has healthy support for legalization, say goodbye to most of San Jose's dispensaries, there's an asset forfeiture reform bill in Virginia, and more. Let's get to it:

Highway traffic stops often result in asset forfeiture actions. Virginia is the latest state to see a reform bill. (flickr.com)
Marijuana Policy

Moms Rally For and Against Oregon Initiative. It was the battle of the moms today in Oregon as mothers for and against the Measure 91 legalization initiative held opposing rallies. The pro side met in Portland, while the anti side met in Lake Oswego. The moms for 91 included mothers who came from Colorado and Washington and spoke of the experiences there. Click the link for more detail.

Delaware Poll Has Healthy Majority for Legalization. A University of Delaware poll released Thursday has support for marijuana legalization at 56%, with only 39% opposed. Majorities in all three of the state's counties supported legalization. "I would say the numbers suggest solid support for fully legalizing marijuana in Delaware," said Paul Brewer, the political communications professor at the University of Delaware who supervised the poll. "The results also reflect what's going on in public opinion at the national level, where the trends show a growing majority favoring legalization." Click on the link for a broader discussion of pot politics in the state.

Medical Marijuana

The Bell Tolls for San Jose Dispensaries. There is about to be a dramatic decrease in access to medical marijuana in San Jose. The city had up to 80 dispensaries this summer, but only six have permits, which means that as of today, the rest must shut down. Forty-seven more have filed for permits, but 20 have been denied and 20 more remain under review. The move comes after the city passed a strict new dispensary ordinance earlier this year. An effort to challenge it with an initiative came up short.

Oregon Court Rules Local Governments Can Ban Dispensaries. In a Thursday ruling, a Josephine County Circuit Court judge has held that local governments can restrict or ban dispensaries. In a case brought by the town of Cave Junction, Judge Pat Wolke ruled that nothing in the state's dispensary law or another law enacted last year that let localities impose yearlong dispensary moratoriums bars them from instituting outright bans. State city and county associations had argued strenuously that local governments had that ability.

Asset Forfeiture

Asset Forfeiture Reform Bill Filed in Virginia. Del. Mark Cole (R-Fredericksburg) has filed a bill that would require a criminal conviction before authorities could seize property. Under current state law, a criminal conviction is not required for asset forfeiture to take place. "While I certainly do not want to make the job of our law enforcement officials harder, I believe we need to strengthen our property protections to avoid potential abuse or the taking of property from an innocent person," he said. The bill is HB 1287. It's strange bedfellow supporters include tea party groups and the ACLU.

International

Vancouver's Four Pillar Policy: Where Is It Now? It's been 13 years since Vancouver approved a groundbreaking, progressive drug policy that explicitly included controversial harm reduction provisions, as well as treatment, prevention, and law enforcement (thus, the four pillars). Now, a new series available via broadcast or podcast, examines where Four Pillars is today, what it has achieved, and whether it can last. Click on the link for more details and to find out where and how to watch.

Chronicle AM: ACLU Drug Reformer to Big DOJ Post, OR Init Leading, FL MMJ Init Trailing, More (10/16/14)

Polls have the Oregon initiative up, but the Florida initiative down; a marijuana march in New Jersey takes place on Saturday, Obama nominates a drug reformer to a key Justice Dept. position, a Dutch court sticks a thumb in the government's eye, and more. Let's get to it:

ACLU drug and sentencing reformer and racial justice fighter Vanita Gupta is nominated to lead the DOJ's Civil Rights Division.
Marijuana Policy

Latest Poll Has Oregon Legalization Initiative Up By Nine Points. An Oct. 8-11 survey taken for Oregon Public Broadcasting has the Measure 91 legalization initiative at 52% of the vote with 41% opposed. If these numbers hold true, even if all undecided ended up voting "no," the initiative would still pass.

NJ Weedman to Lead Legalization March Saturday in Trenton. New Jersey marijuana activist Ed Forchion, also known as the NJ Weedman, is leading a legalization march this Saturday in Trenton. Click on the link for more details.

Medical Marijuana

Americans for Safe Access Launches "Vote Medical Marijuana" Campaign. The medical marijuana defense and advocacy group aims to educate voters ahead of next month's elections with a new 30-second online TV advertisement that will air on Sunday cable news programs in Detroit, Philadelphia, South Florida, and Washington state. The campaign also includes an interactive online voters' guide at VoteMedicalMarijuana.org. Check it out at the links.

Another Poll Has Florida Initiative Coming Up Short. A new Tampa Bay Times/Bay News 9/UF Bob Graham Center poll has the Amendment 2 medical marijuana initiative at 48% of the vote with 44% opposed and 7% undecided. Because the initiative is a constitutional amendment, it needs 60% to win. This is just the latest in a series of polls showing the initiative failing to reach that mark. Click on the link for more poll details.

Drug Policy

Obama Nominates ACLU Attorney with Strong Drug Reform Record to Head Justice Department Civil Rights Division. The Obama administration has nominated ACLU attorney Vanita Gupta to head the Justice Department's civil rights division. Gupta has been a stalwart drug reformer, working to obtain justice for the victims of racially biased drug enforcement in Tulia, Texas, currently leading the ACLU's National Campaign to End Mass Incarceration, and speaking out frequently about drug war injustices and against mandatory minimum sentencing. "The war on drugs has been a war on communities of color," she wrote in 2011. She is also a strong supporter of marijuana law reform, including legalization.

International

Unprecedented Swarm of Overdoses at Vancouver Safe Injection Site -- But No One Died. Vancouver's InSite safe injection site has seen 31 overdoses in two days, a record for the facility. The ODs came on Sunday and Monday, and speculation is that a particularly strong batch of heroin, perhaps laced with fentanyl, is responsible. It's worth noting that no one died in the InSite overdoses, where medical attention is at hand. In fact, no one has ever died of an overdose at InSite. The batch of heroin has claimed at least one life, though -- a 20-something woman who died in a hostel on the Downtown East Side. There was no medical attention on hand for her. "Heroin overdoses don't need to be fatal," said Gavin Wilson of the Vancouver Coastal Health Authority, which runs InSite. "They're reversible if caught in time."

Guatemala Weighing Softer Drug Punishments. President Otto Perez Molina has told Reuters that the country is considering reducing drug sentences for small-time offenses as part of its push to liberalize its drug policy. "We have 17,000 prisoners in our jails. Many of them are linked to drug trafficking. Some of them are indeed criminals. And there are some who are in for minimal amounts of consumption or possession," Perez said. "So I think there are steps we could take time to analyze," he added, when asked about the possibility of easing sentences to lighten the strain on Guatemala's overstretched penal system. The government received an interim report from a commission studying possible drug policy changes last month, and Perez said final recommendations would be ready sometime in the first half of next year. He also said that his government is considering regulating medical marijuana and opium poppy production for medical purposes.

Dutch Court Refuses to Punish Marijuana Growers. A court in Groningen has found two people guilty of growing marijuana, but refused to punish them, instead criticizing the government's policy that criminalizes pot growing but allows its sale in the country's famous cannabis coffee shops. "The court finds the suspects guilty, but no punishment will be applied," the court said in its ruling. "Given that the sale of soft drugs in coffee shops is tolerated, this means that these coffee shops must supply themselves and so cultivation must be done to satisfy these demands. The law does not state how this supply should be done," the court said. The Groningen growers had been open about their activities, and the court found they had acted within the spirit of the marijuana laws, acting "in the interests of public health and so as to not disturb the public order."

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