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New York AG Report Slams NYPD Stop-and-Frisk

In a report issued late last week, New York Attorney General Eric Schneiderman analyzed the impact of the NYPD's stop-and-frisk search policies on the state's criminal justice system -- and on the people victimized by them. The results are illuminating, but not pretty.

NYPD practices stop-and-frisk techniques (nyc.gov/nypd)
The report, A Report on Arrests Arising from the New York City Police Department's Stop-and-Frisk Practices, analyzed nearly 2.4 million stops between 2009 and 2012 resulting in nearly 150,000 arrests. Of those arrests, nearly half led to guilty pleas or convictions at trial, but that is only 0.3% of all those stopped and frisked. Only 0.1% of all stop-and-frisks resulted in a conviction or guilty plea for a violent offense.

"My office's analysis of the city's stop and frisk practices has broad implications for law enforcement, both in New York City and across the state. It's our hope that this report -- the first of its kind -- will advance the discussion about how to fight crime without overburdening our institutions or violating equal justice under the law," said Schneiderman. "The vast amount of data we analyzed over four years should serve as a helpful guide to municipalities and law enforcement officials around the state, where stop and frisk practices are used to varying degrees. I want to thank the NYPD and the Office of Court Administration for providing the data for our report."

Schneiderman was being politic, but his report's numbers speak for themselves:

  • Close to half of all stop and frisk arrests resulted in no convictions because the arrestees were never prosecuted, their cases were dismissed, or they received an adjournment in contemplation of dismissal (a dismissal of a charge if the defendant does not commit another crime within six months or a year);
  • Just one in 16 stop and frisk arrests -- or 0.3 % of all stops -- led to a jail or prison sentence of more than 30 days;
  • Just one in 50 stop and frisk arrests -- or 0.1 % of all stops -- led to a conviction for a violent crime;
  • Just one in 50 stop and frisk arrests -- or 0.1 % of all stops -- led to a conviction for possession of a weapon; and
  • Almost one quarter of stop-and-frisk arrests (24.7 %) were dismissed before arraignment or resulted in a non-criminal charge.

The report also highlighted the collateral consequences that arrests have for all individuals subject to stop and frisk, regardless of the ultimate outcome of the case, and the burdens that various aspects of the stop and frisk program place on institutional actors within the criminal justice system, including:

  • Threats of a possible loss of employment, housing, student loans, and immigration status, even for those charged with misdemeanors, and added incentive to plead guilty; and
  • A sharp uptick in litigation costs for New York City for lawsuits alleging constitutional violations by the NYPD. In 2009, for the first time in 30 years, the NYPD had the largest legal settlements of any city agency.

The NYPD's stop-and-frisk policies have drawn intense political fire and judicial scrutiny. Now, they are being subjected to scrutiny of their real world consequences as well. This is an issue where incoming Mayor Bill de Blasio can signal that he's no Bloomberg.

New York, NY
United States

New Daily Roundups from Drug War Chronicle

If you've been following Drug War Chronicle on our web site the past week, you have probably noticed a new, daily feature, "Chronicle AM." The AM is a roundup of stories that have hit the news wires. As Phil noted in his award speech two weeks ago, there is too much happening now to be able to give it all even medium-level coverage, much less to do so quickly. Chronicle AM is a way to survey a lot of the important stories each day, and we continue to publish our usual features and newsbriefs on a daily basis too. The following are the stories we noted in Chronicle AM installments during the past week.

Marijuana Policy

New Hampshire Marijuana Legalization Bill Dies in Committee. House Bill 492, which would have taxed and regulated marijuana like alcohol was defeated in the House Criminal Justice and Public Safety Committee Wednesday on an 11-7 vote. The action came just a week after a state poll showed 60% supported the bill.

Federal Judge Cuts Marijuana Sentences. Maryland US District Court Judge James Bredar Monday handed down sentences lighter than called for in federal guidelines in a major marijuana smuggling case, saying such offenses are "not regarded with the same seriousness" as they were just a few decades ago. Bredar also noted that the federal government's decision to largely leave marijuana sales in legalization states raised "equal justice" concerns.

Amendments Filed to California Marijuana Legalization Initiative. Americans for Policy Reform, the people behind the 2014 Marijuana Control, Legalization and Revenue Act initiative, Wednesday filed amendments to the proposed law. They include strengthening some penalties and clarifying medical marijuana patient ID card requirements. This is one of two initiatives aiming at 2014 in California, neither of which have big donor support.

Portland, Maine, Marijuana Legalization Initiative Draws Late Opposition. Small signs urging Portlanders to "Vote No on Question 1, NO to POTland" have begun popping up just days before the city votes on legalization next week. Who put them up is a mystery; no group has filed paperwork at city hall opposing the initiative. The initiative would not legalize marijuana per se, but would allow people 21 and over to "engage in activities for the purposes of ascertaining the possession of marijuana and paraphernalia."

Arkansas Attorney General Rejects Marijuana Legalization Initiative. Attorney General Dustin McDaniel Tuesday rejected the ballot title for a proposed legalization initiative, saying the language was ambiguous. This is the second time he has rejected the measure, which can still be rewritten and resubmitted.

Colorado to Vote Tuesday on Marijuana Tax. Colorado voters will decide Tuesday whether to impose a 15% excise tax on marijuana sales to pay for school construction and a 10% sales tax to pay for marijuana regulation. The tax vote wasn't included in Amendment 64 because state law requires any new taxes to be approved by the voters. The measure is expected to pass despite opposition from some marijuana activists.

No Pot in Washington Bars, State Regulators Say. The Washington State Liquor Control Board Wednesday filed a draft rule banning any business with a liquor license from allowing on-site marijuana use. The state's pot law already bars public use, including in bars, clubs, and restaurants, but some businesses have tried to find loopholes allowing customers to use on premise, such as by having "private clubs" within the establishment.

DC Marijuana Reform Moves Could Spur Congress to Ponder Legalization. The DC city council appears set to approve decriminalization, and DC marijuana activists are pondering a 2014 ballot initiative to legalize marijuana. That could set the stage for Congress to finally turn its sights on federal marijuana legalization, Bloomberg News suggested in this think piece.

One-Fourth of Americans Would Buy Legal Weed, Poll Finds. At least one out of four Americans (26%) said they would buy marijuana at least on "rare occasions" if it were legal, according to a Huffington Post/YouGov poll released Thursday. Only 9% said they buy it on rare occasions now. One out of six (16%) of respondents said they never buy it now, but might if it were legal.

Dispensaries like this one could become marijuana retail stores in Colorado.
Let A Hundred Pot Shops Bloom… in Colorado. The Colorado Marijuana Enforcement Division reported late last week that it has received applications from 136 people seeking to open adult use marijuana retail stores. By law, only people currently operating medical marijuana businesses could apply. Those who applied by the end of October will have decisions on their applications before year's end, meaning they could open on January 1, the earliest date adult marijuana sales will be allowed in the state.

NYC Subway Vigilante Bernie Goetz Busted in Penny Ante Marijuana Sting. The New York City man who became a national figure after shooting four teens who asked him for money on the subway back in 1984 was arrested last Friday over a $30 marijuana sale. Bernie Goetz is accused of selling the miniscule amount of marijuana to an undercover officer.

Colorado Voters Approve Marijuana Taxes. Colorado voters approved a taxation scheme that will add 25% in wholesale and retail taxes to the price of legally sold marijuana in the state. Proposition AA was winning with 64% of the vote at last report.

Three Michigan Cities Approve Marijuana Measures. Voters in the Michigan cities of Lansing, Jackson, and Ferndale handily approved local measures to legalize the possession of small amounts of marijuana by adults 21 and over. The measures passed with 69% of the vote in Ferndale, 63% in Lansing, and 61% in Jackson. The trio of towns now join other Michigan cities, including Grand Rapids and Detroit, that have municipally decriminalized pot possession.

Medical Marijuana

Florida Lawmakers Oppose Medical Marijuana Initiative. Florida House and Senate leaders said late last week that they will join Attorney General Pam Bondi (R) in asking the state Supreme Court to block a medical marijuana initiative from going to the ballot. "We certainly don't want a situation like they've got in Colorado," explained state Rep. Doug Holder (R-Venice). Petitioners have gathered only about 200,000 of the more than 600,000 signatures they need to make the ballot. They have until February, unless the state Supreme Court puts the kibosh on the effort.

Florida Governor Candidate Supports Medical Marijuana Initiative. Candidate for the Democratic gubernatorial nomination Nan Rich said last Friday she supports a proposed medical marijuana ballot initiative. "I've seen the research, I've studied the issue, and I've met with patients who clearly benefit and desperately need medically prescribed cannabis," Rich said in a statement. "That's why I'm signing the petition to get this important measure on the ballot in 2014 and I'm calling on all of my friends and supporters to do the same. There is simply no reason patients should suffer when an effective, safe, and organic remedy is readily available."

Washington State Regulators to Hold Hearing on Controversial Medical Marijuana Plans. The Washington state Liquor Control Board announced last Friday it will hold a hearing November 13 in Lacey to take public testimony on proposed changes to the state's medical marijuana system. Regulators have issued draft recommendations that would reduce the amount of medical marijuana patients could possess and end their ability to grow their own, among other things.

Search and Seizure

Federal Appeals Court Blocks Judge's Ruling on NYPD Stop-and-Frisk. The 2nd US Court of Appeals in New York City blocked an order by District Court Judge Shira Scheindlin requiring changes in the NYPD's much criticized stop-and-frisk program. In an unusual move, the appeals court also removed Judge Scheindlin from the case, saying she had violated the code of conduct for federal judges by giving media interviews and publicly responding to criticism of her court. Scheindlin had found that NYPD violated the civil rights of tens of thousands of people by subjecting them to stop-and-frisk searches based on their race.

New Mexico Man Sues over Forced Anal Drug Search. A Deming, New Mexico, man detained for running a stop sign allegedly had his buttocks clenched when ordered out of his vehicle by police, leading them to suspect he had drugs secreted in his rectum. Police obtained a search warrant from a compliant judge, then had medical personnel forcibly subject the man to repeated anal probes, enemas, and a colonoscopy in a futile attempt to find any drugs. In addition to the unreasonableness of the invasive searches, they also took place outside of the jurisdiction where the warrant was issued and after the timeline specified in the warrant. The victim, David Eckert, ought to be picking up a nice check one of these years.

Second New Mexico Anal Drug Search Victim Emerges. Yesterday, the Chronicle AM noted the case of Deming, New Mexico, resident David Eckert, who was subjected to anal probes, enemas, x-rays, and colonoscopies without his consent after being pulled over for running a stop sign. The cops suspected he had drugs. He didn't and is now suing the police, the county, and the medical personnel who participated. Now, a second victim has emerged. Timothy Young was stopped for failure to use a turn signal. As was the case with Eckert, a drug dog -- Leo the K-9 -- alerted, but as was the case with Eckert, no drugs were found, despite the extensive invasive searches. Turns out the drug dog has not been certified for more than two years and has a history of false alerts, and the hospital where the searches were conducted was not within the jurisdiction of the search warrant. It looks like another New Mexico resident will get a big check at the taxpayers' expense one of these days.

Drug Testing

Truckers Object to Federal Bill to Allow Hair Drug Tests. A bill pending in Congress, House Resolution 3403, the "Drug Free Commercial Driver Act of 2013," is drawing opposition from an independent trucker group, the association's organ Landline Magazine reports. The bill would allow trucking companies to use hair testing for pre-employment and random drug tests. Currently, federal regulations mandate urine testing and allow hair testing only in conjunction with urine tests, not as a replacement. Hair-based testing can reveal drug use weeks or months prior to the testing date. The independent truckers accuse bill sponsors of carrying water for larger trucking firms that want to undercut their competition.

Michigan Governor Signs Unemployment Drug Testing Law. Gov. Rick Snyder (R) Tuesday signed a bill that denies unemployment benefits to job seekers who fail employer drug tests. The law is in effect for one year as a pilot program.

Drug Testing Provision Stripped from New Hampshire Hep C Bill. A bill written in the wake of an outbreak of Hep C infections linked to an Exeter Hospital employee will not include random drug testing for health care employees. The bill, House Bill 597, originally contained such language, but it was stripped out in the House Health, Human Services, and Elderly Affairs Committee. Federal courts have held that drug tests constitute a search under the meaning of the Fourth Amendment and thus require probable cause, except in limited circumstances.

Psychedelics

New Group Formed to Assure Sustainability of Psychedelic Plants. The Ethnobotanical Stewardship Council was launched at the International Drug Policy Reform Conference in Denver last weekend. It will concentrate on "assuring the sustainability and safe use of traditional plants," and prominently mentioned ayahuasca in its formation announcement.

Sentencing Reform

Bipartisan Mandatory Minimum Reform Bill Introduced in US House. On Wednesday, Reps. Raul Labrador (R-ID) and Bobby Scott (D-VA) introduced the Smarter Sentencing Act, which would significantly reform mandatory minimum drug sentencing policies. Companion legislation in the Senate, Senate Bill 1410, was introduced in July. The bills would halve mandatory minimum sentence lengths and expand safety valve access, as well as extend retroactivity under the Fair Sentencing Act of 2010.

Study Shows Way to Louisiana Sentencing Reform. A study released Tuesday by the Reason Foundation, the Pelican Institute for Public Policy, and the Texas Public Policy Foundation details how Louisiana can reduce its prison population and corrections spending without lessening public safety by eliminating mandatory minimum sentences for nonviolent offenders and reforming its habitual offender law. The study, "Smart on Sentencing, Smart on Crime: Reforming Louisiana's Determinate Sentencing Laws," is available online here.

International

At Least Five Dead in Mexico Vigilante vs. Cartel Clashes. Attacks in the Western Mexican state of Michoacan, home of the Knights Templar cartel, between anti-cartel vigilantes and cartel members left at least five dead and thousands without electric power last weekend. The fighting erupted after anti-cartel "self defense forces" marched Friday in the Knights Templar stronghold of Apatzingan and accelerated over the weekend. Vigilantes said they saw the bodies of at least 12 cartel members.

UNODC Head Says Afghan Opium Crop is Thriving, Spreading. In remarks in advance of the release of the UN Office on Drugs and Crime's annual Afghan opium survey early in November, UNODC head Yury Fedotov warned that the poppy crop will increase for the third straight year and that cultivation had spread into formerly poppy-free areas under central government control. Afghanistan accounts for about 90% of the global illicit opium supply.

New Zealand to Host International Conference on Drug Reform Laws. The country has drawn international attention for its innovative approach to new synthetic drugs -- regulating instead of prohibiting them -- and will be the site of a March 20, 2014 "Pathway to Reform" conference explaining how the domestic synthetic drug industry began, how the regulatory approach was chosen and how it works. International attendees will include Drug Policy Alliance head Ethan Nadelmann and Amanda Fielding, of Britain's Beckley Foundation.

Canada SSDP to Hold National Conference in Vancouver. Canadian Students for Sensible Drug Policy (CSSDP) will hold its sixth annual conference on November 22-24 in Vancouver, BC. Featured speakers will include Donald McPherson, head of the Canadian Drug Policy Coalition; Dana Larsen, director of Sensible BC and the Vancouver Dispensary Society; and Missi Woolrdige, director of DanceSafe, among others.

Hong Kong Docs Criticize Government Drug Testing Plan. The Hong Kong Medical Association said Monday that a government plan to allow police to test anyone for drug use based on "reasonable suspicion" is flawed and violates basic human rights. The local government began a four-month consultation on the plan in September, and now the doctors have weighed in. The association said that drug testing was an unproven method of reducing drug use and resources should instead be devoted to prevention and education campaigns and cooperation with mainland police against drug trafficking.

India to Greatly Expand Opiate Maintenence Centers. Responding to an increase in the number of injection drug users, the Indian government is moving to expand the number of its Opiate Substitution Therapy (OST) centers six-fold, from a current 52 to 300 by the end of the year. Drug user groups, including the Indian Drug Users Forum, and harm reduction groups, such as Project Orchid have been involved in planning the expansion. It's not clear what drug the Indians are using in OST.

Ireland Parliament to Debate Marijuana Legalization This Week. A private motion by independent Dail, or Irish parliament, member Luke "Ming" Flanagan will be debated on Tuesday and Wednesday. Flanagan's bill would make it legal to possess, grow, and sell marijuana products.

Cartel Violence Flares in Mexican Border Town. Sunday shootouts between rival drug trafficking organizations and between traffickers and soldiers left at least 13 people dead in the Mexican border town of Matamoros, just across the Rio Grande River from Brownville, Texas. Four men and a woman were killed in clashes between rival gangs, and eight more died in fighting with Mexican Marines. Somewhere north of 75,000 people have been killed in violence since former President Felipe Calderon called out the armed forces to wage war on the cartels six and a half years ago. Meanwhile, the drugs continue to flow north and the guns and cash flow south.

Toronto Mayor Rob Ford (wikipedia.org)
Toronto Mayor Admits He Smoked Crack, But Says He's Not an Addict. Months after rumors of a video showing Toronto Mayor Rob Ford smoking crack cocaine emerged, but only days after Toronto police said they had a copy of that video, Ford told reporters Tuesday that he had indeed smoked crack, but that he did so "in a drunken stupor" and that he wasn't an addict. Time will tell if his political career survives the revelation.

Marijuana Legalization Debate Looms in Morocco. Moroccan activists and politicians are close to firming up a date later this month for the parliament to hear a seminar on the economic implications of legalization hosted by the powerful Party of Authenticity and Modernity. Morocco is one of the world's largest marijuana producers, with output estimated at 40,000 tons a year, most of which is transformed into hashish and destined for European markets.

Czech Police in Mass Raid on Grow Shops. Although the Czech Republic has a reputation as a pot-friendly destination, recreational marijuana use remains illegal. Czech police served up a reminder of that reality Tuesday, raiding dozens of stores that sell growers' supplies. Police seized fertilizer, grow lights, and marijuana growing guidebooks and said they suspected store owners of violating drug laws by providing people with all the equipment they needed to grow their own. There was no mention made of any arrests.

New Zealand Court Says Employer Can't Force Workers to Undergo Drug Tests. New Zealand's Employment Court has ruled that companies cannot impose random drug tests on workers, nor discipline them for refusing such a test. Mighty River Power Company had a collective bargaining agreement with workers, which allowed testing only under specified circumstances, but initiated random drug tests later. If the company wants random drug test, the court said, it would need to negotiate a new provision in the collective bargaining agreement.

Mexican Military Takes over Key Pacific Seaport in Bid to Fight Cartels. The Mexican military has moved into the major port of Lazaro Cardenas and the adjoining town of the same name in the violence-plagued state of Michoacan. Soldiers are now responsible for policing duties, and all 113 police officers in Lazaro Cardenas have been sidelined until they undergo drug testing and police training. The port of Lazaro Cardenas is the main entrepot for precursor chemicals used in the manufacture of methamphetamine, which is produced in the state by the Knights Templar cartel. The Knights are also engaged in ongoing fighting with vigilante "self-defense" forces in the state.

(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.)

Marijuana Policy on the Ballot (Last) Tuesday

[Ed: This piece was written before Election Day. See other articles this issue for the results.]

State and local elections Tuesday will see voters in Colorado, three Michigan cities, and Portland, Maine, deciding on marijuana policy reform questions. In Colorado, voters will decide whether to approve taxation of the legal marijuana industry, while in Michigan and Portland, voters will decide on decriminalization and legalization, respectively.

In Colorado, Proposition AA would impose a 15% excise tax on wholesale recreational marijuana transactions, as well as an additional 10% sales tax at the retail level. The measure is expected to pass despite the opposition of some vocal segments of the state's marijuana community.

In Lansing, Jackson, and Ferndale, Michigan, voters will be asked to amend city charters to ensure "that nothing in the Code of Ordinances shall apply to the use, possession, and transfer of less than one ounce of marijuana, on private property, by a person who has attained 21 years," as the Lansing language puts it.

"It's important to send a message and to take a position as a capital city," said Jeffrey Hank, a Lansing attorney who has pushed to decriminalize marijuana in Lansing. "We're the last of the major Michigan cities to have (marijuana decriminalization) reform."

Decriminalization (or personal legalization) has already passed in Ann Arbor, Detroit, Flint, Grand Rapids, Kalamazoo and Ypsilanti.

In Portland, voters in Maine's largest city will decide whether to approve Question 1, which would allow adults 21 and over to possess up to 2 ½ ounces without penalty. The question also includes a resolution of support for taxing and regulating marijuana at the state and federal level.

While the Maine and Michigan local initiatives are likely to be ignored by state and local law enforcement, they will still have the symbolic value of putting voters on record as supporting marijuana law reform. If they pass, that is.

Chronicle Daily News--November 1, 2013

The big news today is yesterday's surprising appeals court ruling allowing the NYPD to continue stop-and-frisk searches, but there's more as well on marijuana reform, drug testing, and a conference in New Zealand.

NYPD practices stop-and-frisk techniques (nyc.gov/nypd)
Search and Seizure

Federal Appeals Court Blocks Judge's Ruling on NYPD Stop-and-Frisk. The 2nd US Court of Appeals in New York City blocked an order by District Court Judge Shira Scheindlin requiring changes in the NYPD's much criticized stop-and-frisk program. In an unusual move, the appeals court also removed Judge Scheindlin from the case, saying she had violated the code of conduct for federal judges by giving media interviews and publicly responding to criticism of her court. Scheindlin had found that NYPD violated the civil rights of tens of thousands of people by subjecting them to stop-and-frisk searches based on their race.

Drug Testing

Truckers Object to Federal Bill to Allow Hair Drug Tests. A bill pending in Congress, House Resolution 3403, the "Drug Free Commercial Driver Act of 2013," is drawing opposition from an independent trucker group, the association's organ Landline Magazine reports. The bill would allow trucking companies to use hair testing for pre-employment and random drug tests. Currently, federal regulations mandate urine testing and allow hair testing only in conjunction with urine tests, not as a replacement. Hair-based testing can reveal drug use weeks or months prior to the testing date. The independent truckers accuse bill sponsors of carrying water for larger trucking firms that want to undercut their competition.

Marijuana Policy

Colorado to Vote Tuesday on Marijuana Tax. Colorado voters will decide Tuesday whether to impose a 15% excise tax on marijuana sales to pay for school construction and a 10% sales tax to pay for marijuana regulation. The tax vote wasn't included in Amendment 64 because state law requires any new taxes to be approved by the voters. The measure is expected to pass despite opposition from some marijuana activists.

No Pot in Washington Bars, State Regulators Say. The Washington State Liquor Control Board Wednesday filed a draft rule banning any business with a liquor license from allowing on-site marijuana use. The state's pot law already bars public use, including in bars, clubs, and restaurants, but some businesses have tried to find loopholes allowing customers to use on premise, such as by having "private clubs" within the establishment.

DC Marijuana Reform Moves Could Spur Congress to Ponder Legalization. The DC city council appears set to approve decriminalization, and DC marijuana activists are pondering a 2014 ballot initiative to legalize marijuana. That could set the stage for Congress to finally turn its sights on federal marijuana legalization, Bloomberg News suggested in this think piece.

One-Fourth of Americans Would Buy Legal Weed, Poll Finds. At least one out of four Americans (26%) said they would buy marijuana at least on "rare occasions" if it were legal, according to a Huffington Post/YouGov poll released Thursday. Only 9% said they buy it on rare occasions now. One out of six (16%) of respondents said they never buy it now, but might if it were legal.

International

New Zealand to Host International Conference on Drug Reform Laws. The country has drawn international attention for its innovative approach to new synthetic drugs—regulating instead of prohibiting them—and will be the site of a March 20, 2014 "Pathway to Reform" conference explaining how the domestic synthetic drug industry began, how the regulatory approach was chosen and how it works. International attendees will include Drug Policy Alliance head Ethan Nadelmann and Amanda Fielding, of Britain's Beckley Foundation.

Panel to Study California Marijuana Legalization

California Lieutenant Gov. Gavin Newsom (D) will lead a blue ribbon panel of expert to chart a path toward marijuana legalization, the ACLU of California announced Thursday. At the same time, the group released polling results showing that two-thirds of California voters are ready to support regulated legal marijuana commerce that contributes to state tax coffers.

Gavin Newsom announces panel formation. (Rebecca Farmer)
"The prohibition of marijuana has had an enormous human and financial cost in communities across this state," said Newsom, the highest ranking elected official in California to publicly endorse taxing and regulating marijuana for adults. "It is far past time for Californians take a serious look at smarter approaches to marijuana, and it is imperative that happen before any marijuana ballot initiative gets underway."

The panel will consist of academic, legal, and policy experts and "will engage in a two-year research effort," the ACLU said. That is a clear signal that organizers are aiming at 2016 -- not 2014 -- as the time to put the matter before voters, even though at least two separate 2014 marijuana legalization initiative efforts are already underway in the state.

"The panel's work will be designed to help voters and policy makers evaluate proposals for a strict tax and regulation system that will enable California to benefit from billions of dollars of new revenue while ensuring safe communities and protecting against underage use," the ACLU said.

Among those named to the panel are Keith Humphreys, a Stanford Health Policy Associate who was a senior policy analyst at the White House Office of National Drug Control Policy in 2009-2010; Erwin Chemerinsky, constitutional law expert and dean of the University of California, Irvine School of Law; two past presidents of the California Society of Addiction Medicine; Dr. Seth Ammerman, a Stanford University professor and member of the American Academy of Pediatrics; Santa Clara County Sheriff Laurie Smith; and Sam Kamin, a Denver University law professor who has been appointed to the Colorado governor's task force for implementing that state's marijuana legalization initiative.

Also included are Alison Holcomb, campaign manager of Washington state's successful 2012 ballot initiative to tax and regulate marijuana; Tamar Todd, staff attorney for the Drug Policy Alliance; Karen O'Keefe, staff attorney for the Marijuana Policy Project; and Neill Franklin, executive director of Law Enforcement Against Prohibition.

In addition to enhancing state revenue streams, marijuana legalization would end the extreme racial disparities in marijuana arrests in California, the ACLU said.

"Marijuana prohibition has harmed communities and families by needlessly ensnaring hundreds of thousands of people in the overburdened criminal justice system, with people of color far more likely to be arrested and prosecuted," said Allen Hopper, director of criminal justice and drug policy for the ACLU of California. "California voters recognize that it's time for change and will overwhelmingly support reforming marijuana laws provided it can be done responsibly with adequate safeguards and assurances that tax revenues will go to fund public schools and other important social services."

CA
United States

Marijuana Reform Could Earn UK Billions a Year, Studies Say

special to the Chronicle by London-based Bernd Debusmann, Jr.

Hundreds of users of medical marijuana protested outside Parliament last Wednesday to demand changes to Britain's strict cannabis laws, a move many experts believe could yield billions of pounds in tax revenue and save the government billions in policing costs.

Under current law, it is illegal for British citizens to consume or possess cannabis.

Estimates vary on the financial impact of legalizing and taxing the drug, a longstanding proposal by reform advocates. A recent study by the Institute for Social and Economic Research found that the government would gain up to £1.25bn a year. A 2011 study by the Independent Drug Monitoring Unit found the amount could range from £3.4 billion to £9.5 billion per annum, with a best estimate of £6.7 billion per year based on current market prices.

Commenting on the protester's demands, Peter Reynolds of Clear UK, a Norwich-based organization which seeks to reform cannabis laws, said that both studies are likely underreporting the real potential value to the British government and taxpayer.

"All the estimates are based on self-reporting of cannabis use," he said, adding that people were reluctant to admit to what is a criminal activity under current law.

Reynolds added he believes that cannabis reform's potential economic benefits are currently outweighed by political considerations.

"Britain is obsessed with cannabis psychosis stories, so we cannot start talking about rational things like cost. There is not the same intelligent discussion going on as in the United States," he said.

This view was echoed by Rupert George, the head of communications for Release, an organization which lobbies for drug laws to be based on public health issues rather than criminal justice.

"There is far more entrenched 'reefer madness' than in the US, with the dominant issue being about psychosis," he said. "The idea of a regulated drug market for cannabis, or any other drug, is politically a long way away."

While the British government's official stance is that cannabis has no proven medicinal value, in March 2013 the government announced that Sativex -- a cannabis based mouth spray produced by GW Pharmaceuticals -- could be prescribed to multiple sclerosis patients.

Alan Pavia, a spokesman for NORML UK (a British affiliate of the US-based National Organization for the Reform of Marijuana Laws), which organized Wednesday's protest, said that the rescheduling of Sativex demonstrates the British government's double standards with regards to medical cannabis.

"Now GW Pharmaceuticals has a license to grow marijuana for Sativex. It would seem that Sativex is scheduled in a different manner to protect this company," he said.

Through a spokeswoman, Home Office Crime Prevention Secretary Norman Baker said simply that "the government has no plans to legalize cannabis."

Currently, ten EU countries and 20 American states allow for the medical use of marijuana. Some countries, such as the Netherlands, legally regulate the recreational use of the plant, while others, such as Portugal, have decriminalized possession. Two American states -- Colorado and Washington -- have legalized recreational use of marijuana.

United Kingdom

Senate Hearing Takes on Mandatory Minimums [FEATURE]

The Senate Judiciary Committee held a hearing on mandatory minimum sentencing last Wednesday as Chairman Sen. Patrick Leahy (D-VT) and fellow committee member Sen. Rand Paul (R-KY) sought to create momentum for a reform bill they filed together this spring, the Justice Safety Valve Act (Senate Bill 619).

Senate Judiciary Committee, hearing on mandatory minimums -- Rand Paul waiting to testify
The hearing comes in the face of a federal prison population that has increased seven-fold in the past 30 years, driven in large part by mandatory minimum sentences, the number of which has doubled in the past 20 years. Many of them are aimed at drug offenders, who make up almost half of all federal prisoners. Taxpayers are shelling out more than $6.4 billion this fiscal year to pay for all those prisoners.

Mandatory minimum sentencing reform has already won support from the Obama administration, with Attorney General Eric Holder last month issuing guidance to federal prosecutors instructing them not to pursue charges with mandatory minimums in certain drug cases and announcing last week that the shift would also include people who have already been charged, but not convicted or sentenced.

And it has support on the federal bench. The same day as the hearing last week, Judge Robert Holmes Bell, chairman of the criminal law committee of the US Judicial Conference, sent a letter to the committee expressing the federal judiciary's position that mandatory minimums lead to "unjust results" and its "strong support" for the Justice Safety Valve Act. The letter noted that the federal judiciary has a longstanding policy of opposing mandatory minimums.

The hearing began with an extended photo-op and media availability as Sens. Leahy and Paul chatted before the cameras in an exercise in bipartisan camaraderie.

"Senator Paul and I believe that judges, not legislators, are in the best position to evaluate individual cases and determine appropriate sentences," said Leahy. "Our bipartisan legislation has received support from across the political spectrum."

Leahy noted the Justice Department's recent moves on mandatory minimums, but said that wasn't enough.

"The Department of Justice cannot solve this problem on its own," Leahy said. "Congress must act. We cannot afford to stay on our current path. Reducing mandatory minimum sentences, which have proven unnecessary to public safety, is an important reform that our federal system desperately needs. This is not a political solution -- it is a practical one, and it is long overdue."

Paul, for his part, was on fire at the hearing. The libertarian-leaning junior senator from Kentucky decried not only the inequity of the harsh punishments but also of policies that disproportionately affect racial minorities.

"I know a guy about my age in Kentucky who grew marijuana plants in his apartment closet in college," Paul related. "Thirty years later, he still can't vote, can't own a gun, and when he looks for work, he must check the box, the box that basically says, 'I'm a convicted felon, and I guess I'll always be one.'"

It wasn't just white guy pot offenders Paul was sticking up for.

Pat Leahy
"If I told you that one out of three African-American males is forbidden by law from voting, you might think I was talking about Jim Crow 50 years ago," Paul said. "Yet today, a third of African-American males are still prevented from voting because of the war on drugs. The majority of illegal drug users and dealers nationwide are white, but three-fourths of all people in prison for drug offenses are African American or Latino."

As was the case with the Judiciary Committee hearings on marijuana law reform earlier this month, octogenarian Sen. Charles Grassley (R-IA) appeared to be the sole holdout for maintaining harsh war on drugs policies. Grassley, the ranking minority member on the committee, complained that the move to pull back on mandatory minimums ignored the fact that the law was originally written to address sentencing disparities based on judicial discretion.

"No longer would sentences turn on which judge a criminal appeared before," Grassley said before criticizing the Supreme Court for making federal sentencing guidelines advisory and the Obama administration for citing prison costs as a reason to reduce mandatory minimums. "So we have this oddity, this administration finally found one area of spending it wants to cut," Grassley complained.

Among witnesses at the hearing, only Scott Burns, formerly of the drug czar's office and currently executive director of the National District Attorney's Association, sided with Grassley. He said crime is down and it is a myth that the federal system is in crisis.

"Prosecutors have many tools to choose from in doing their part to drive down crime and keep communities safe and one of those important tools has been mandatory minimum sentences," Burns said.

But other witnesses, including former US Attorney for Utah Brett Tolman, disagreed. Tolman told the committee that the mandatory minimum sentencing structure was inherently unfair because it put all discretion in the hands of prosecutors, who have a vested interest in securing convictions and harsh sentences. Political concerns of prosecutors rather than the public safety too often drive charging decisions, which should instead be left up to judges, he said.

Even conservative witnesses agreed that mandatory minimum sentencing had become excessive.

"The pendulum swung too far, and we swept in too many low-level, nonviolent offenders," said Mark Levin, policy director of the Right on Crime Initiative of the Texas Public Policy Foundation, a leading voice in the conservative criminal justice reform movement.

The bill has been filed, the hearing has been held, support has been made evident. Now, it is up to the Congress to move on the Justice Safety Valve Act and other pending sentencing reform legislation.

Washington, DC
United States

Medical Marijuana Update

Comments in the Senate Judiciary Committee provided hope that medical marijuana's banking problems may be ending, California communities continue to tussle over the issue, and a New Jersey bill is signed into law. There's more, too. Let's get to it:

National

On Tuesday, a hint came that banking issues for dispensaries may soon be resolved. Deputy Attorney General James Cole told the Senate Judiciary Committee the Justice and Treasury Departments and banking regulators were working "to deal with this in accordance with the laws on the books." Cole's comments came after several senators prodded him on the issue. [Ed: If Treasury is involved, could that mean they'll deal with the IRS dispensary audit issue too? That would be huge -- arguably the audits are the biggest threat facing the medical marijuana industry, and they could just as easily hit the legalized marijuana industry too. - DB]

California

Last Thursday, the Napa Planning Commission canceled a meeting to begin the process of repealing the city's medical marijuana ordinance. The city said it needed more time to consider the implications of a federal memorandum regarding marijuana enforcement that was issued last week by the US Justice Department. Late last month, the city council had voted to effectively ban dispensaries, but now wants to rethink. The council had opted to repeal its existing ordinance that would have allowed a dispensary. Repeal of the ordinance would effectively ban dispensaries in the city because current zoning does not permit such activity.

Last Friday, a statewide dispensary regulation bill rose from the dead. The bill, AB 604, sponsored by Assemblyman Tom Ammiano (D-San Francisco) was killed earlier in the year, but Ammiano reintroduced it using the "gut and amend" process to dump it into an existing measure. The effort took on added urgency after the federal government late last month unveiled its latest approach to medical marijuana and legal marijuana states. A backup bill, SB 69, was introduced the following day. Only one of them needs to pass. The legislative session ends at the end of this week.

On Monday, a judge blocked a request for an injunction to force Long Beach to count all signatures submitted by organizers of an initiative to overturn the city's dispensary ban. The Long Beach Citizens' and Patients' Rights political action committee filed petitions with 43,159 signatures in February to place an initiative on a special election ballot similar to the medical marijuana regulations the City Council passed in 2010. However, City Clerk Larry Herrera conducted a random sample of 3 percent of the signatures and found only 31,294 signatures were valid, short of the 15 percent, or 33,543 registered voters required for a special election. The political action committee then sued. But federal District Court Judge Audrey Collins ruled that Herrera "acted reasonably rather than arbitrarily or fraudulently."

Also on Monday, the El Dorado County planning commission called for a dispensary regulation ordinance. The county's moratorium on dispensaries is set to expire at the end of October. The commission objected to a proposed ordinance from supervisors that would ban all dispensaries. Because the urgency ordinance expires Oct. 30, the board needs to adopt an ordinance at its Sept. 24 meeting.

On Tuesday, the Long Beach city council agreed to draft a new dispensary ordinance. In an 8-0 vote, council members directed the city attorney to draft an ordinance that would once again allow a limited number of collectives to operate within city limits. The council debate came a day after a group seeking to overturn the city's medical marijuana ban was dealt a blow in court. A federal judge ruled officials would not have to place a medical marijuana initiative on the city's April ballot, or do a full count of more than 43,000 signatures seeking a special election.

Also on Tuesday, Merced County supervisors approved an ordinance to limit medical marijuana grows. The ordinance limits medical marijuana cultivation to 12 plants per parcel of land, regardless of the property's size, whether it's an indoor or outdoor garden, or the maturity of the plants. Despite strong support from law enforcement and elected officials, a few medical pot users on Tuesday said the ordinance unfairly groups them with people who grow marijuana for profit. The ordinance would carry stiffer civil and criminal penalties, including abatement and cleanup at the owner's expense, an administrative procedure resulting in penalties or a misdemeanor charge resulting in six months in jail and-or a $1,000 fine.

Illinois

Last Thursday, Park City imposed a 120-day moratorium on dispensaries. Alderman said they wanted to give the city time to decide where proper locations for dispensaries or cultivation facilities might be.

Michigan

Last Wednesday, medical marijuana supporters rallied in Lansing, saying police are violating state law by punishing medical marijuana users. The rally featured live entertainment and showcased people who said they had been victimized by police.

Last Thursday, the Michigan Marihuana Review Panel heard testimony on adding PTSD to the list of debilitating conditions for which medical marijuana can be used. The review is the result of a citizen petition. The panel last month voted 7-2 to approve PTSD, but still has to make a final recommendation later this year.

New Jersey

On Monday, changes to the state's medical marijuana rules passed the Assembly. The changes were demanded by Gov. Chris Christie (R) when he issued a conditional veto on a bill that would have allowed qualified children to use medical marijuana. Christie demanded that the bill be revised to require that only minors can use "edibles" and that they would have to be approved by both a psychiatrist and a physician. The bill also removes the limit on the marijuana strains that may be cultivated and requires parental permission, according to the release.

On Tuesday, Gov. Christie signed the bill.

Pennsylvania

On Monday, the Pennsylvania State Nurses Association released a new position statement on medical marijuana. "It is the position of PSNA that medical marijuana is worthy of further rigorous clinical testing," the statement said. "In order to weigh the true risks and benefits of medical marijuana, there must be a discussion and openness at the federal level regarding the conversion of marijuana from a Schedule I to Schedule II drug classification. Schedule II classification would allow testing of consistent grade medical marijuana in a randomized controlled fashion in order to ascertain the drug's risk/benefit profile for a multitude of illnesses and symptoms. In addition, PSNA supports protection from prosecution for patients who currently use medicinal marijuana or for providers suggesting medicinal marijuana for relief of intractable conditions or symptoms. Lastly, PSNA shares concerns about the delivery system of smoking medication and, if this drug is approved, encourages the development of a more efficient drug delivery system." A bill to legalize medical marijuana in the state has been pending since 2009.

Washington

On Monday, officials suggested the state's dispensaries are criminal enterprises. The medical marijuana law was never intended to allow businesses to sell marijuana to patients, a task force of state officials told a legislative committee. The task force could come up with recommendations for shutting down dispensaries by January. Alternatively, the legislature could act to regulate dispensaries.

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

California Sentencing Reform Bill to Go to Governor

A bill that would allow some drug possession cases to be charged as misdemeanors instead of felonies passed the state Assembly Wednesday. The bill has already passed the Senate, but most go back there for a final concurrence vote before heading to the desk of Gov. Jerry Brown (D).

California prison overcrowding (US Supreme Court)
Senate Bill 649, filed by Sen. Mark Leno (D-San Francisco) would give local judges and prosecutors discretion on charging simple possession cases as felonies or misdemeanors. California sees about 10,000 drug possession cases each year. That figure does not include marijuana, which was decriminalized under Gov. Arnold Schwarzenegger (R).

Passage of the bill would help reduce prison and jail overcrowding in California and potentially even provide savings to the financially-strapped courts because felony charges require setting a preliminary hearing, whereas misdemeanor offenses do not.

"We know we can reduce crime by offering low-level offenders rehabilitation and the opportunity to successfully reenter their communities, but we are currently doing the opposite," Leno said after the Assembly vote. "We give nonviolent drug offenders long terms, offer them no treatment while they're incarcerated, and then release them back into the community with few job prospects or options to receive an education. SB 649 gives local governments the flexibility to choose reduced penalties so that they can reinvest in proven alternatives that benefit minor offenders and reserve limited jail space for serious criminals."

"Our system is broken," said Lynne Lyman, California state director for the Drug Policy Alliance, one of the bill sponsors. "Felony sentences don't reduce drug use and don't persuade users to seek treatment, but instead, impose tremendous barriers to housing, education and employment after release -- three things we know help keep people out of our criminal justice system and successfully reintegrate into their families and communities."

Leno's bill comes as California struggles to comply with a federal mandate to reduce prison overcrowding. Gov. Brown and Assembly Democrats have concocted a plan to use a private prison facility staffed with unionized state prison guards, but that plan is running into opposition among Democrats in the Senate, who are seeking instead to increase funding to counties that have incurred higher costs because of Brown's incarceration realignment plan, which shifts some prison inmates to county jails.

Even after realignment, there are still more than 4,100 people serving California prison time for simple drug possession. State taxpayers are paying $207 million a year to keep them there.

"Based on my 38 years in the criminal justice system, including five years presiding over an adult drug court, I've seen firsthand how fundamentally unjust it is for simple possession offenses to be charged as straight felonies when many more serious and harmful offenses are prosecuted as misdemeanors," said the Hon. Harlan Grossman, a retired Superior Court Judge from Contra Costa County. "It's time to rethink how low-level drug offenses are prosecuted in California. As a judge, I can tell you that there is nothing fair or just about a punishment that does not fit the crime."

If Gov. Brown signs the bill into law, California will be on the same path as 13 other states, the District of Columbia, and the federal government as jurisdictions that treat drug possession as a misdemeanor. Those states do not demonstrate higher levels of drug use or drug crime than states that have not defelonized drug possession.

Sacramento, CA
United States

North Carolina Welfare Drug Testing Bill Moving

A bill that would require public benefits recipients to take a drug test upon suspicion they are using drugs passed the state Senate Wednesday. It had already passed the House, and now returns there for a concurrence vote after it was amended in the Senate.

The bill, House Bill 392, requires participants in the state's Work First program, which offers cash benefits, training, and support services to families, to submit to drug testing if authorities have a reasonable suspicion they are on drugs. The bill also requires stringent background checks to ensure that recipients are not probation or parole violators or have outstanding felony warrants.

The measure is part of a package of conservative bills being rammed through the Republican-dominated legislature. This session, Republicans have passed abortion restrictions tied to an anti-sharia law bill, repealed the Racial Justice Act, and disqualified the state from receiving federal funds for benefits for the long-term unemployed, in addition to hammering away at public benefits recipients with the welfare drug testing bill.

Those actions have generated weeks of Moral Mondays protests by social justice and civil rights activists. More than 700 people have been arrested to far in Moral Mondays civil disobedience at the state capitol.

Republican senators amended the bill to make it more palatable by inserting language clarifying that drug test results would remain confidential and that people who tested positive would be referred to treatment resources. They also deleted language that required county employees to tell potential recipients that they wouldn't be drug tested if they didn't apply for Work First.

"We've worked really, really hard to make this bill fair," said bill sponsor Sen. Dean Arp (R). "I hope my colleagues feel we tried to address their concerns."

He didn't convince Sen. Ellie Kinnaird (D-Chapel Hill), the only senator who actually took to the floor to speak against the bill.

"There is no evidence that people who are getting (Work First) checks are more likely... to be drug users," she said. "This is just a stigma, and one more kicking people when they are down."

And it is a burden on county social service departments and the taxpayers, Kinnaird said. "It's an added burden time-wise, paperwork-wise," she said. "And it's an unfunded mandate."

Raleigh, NC
United States

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