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Chronicle AM -- June 16, 2014

It's looking like at least one Oregon marijuana legalization initiative will make the fall ballot, a legalization initiative gets underway in Oklahoma, proposed medical marijuana rule changes in New Mexico run into stiff opposition, Georgia gives up on drug testing food stamp recipients, UN Secretary-General Ban Ki-moon gets a coca birthday cake in Bolivia, and more. Let's get to it:

Marijuana Policy

New Approach Oregon Legalization Initiative Closes in on Signature Goals. The New Approach Oregon legalization initiative had gathered some 83,000 raw signatures by the end of last week, according to the secretary of state's office. It needs 87,213 valid signatures to qualify for the November ballot. With 25% to 30% of raw signatures typically thrown out, something north of 100,000 raw signatures is going to be needed for campaigners to rest easy. They have until July 3 to gather more signatures.

CRRH Oregon Legalization Initiative Facing Signature-Gathering Problems. The Campaign for the Restoration and Regulation of Hemp (CRRH) legalization initiatives -- there are two; one is a constitutional amendment -- is facing labor issues with its signature-gatherers and needs to come up with a whole bunch of signatures in a hurry if either CRRH initiative is to make the November ballot. The campaign reports it still lacks 50,000 signatures for its initiative and 75,000 for its constitutional amendment, which has a higher signature threshold.

Oklahoma Legalization Initiative Campaign Gets Underway. State Sen. Constance Johnson (D-Oklahoma City) last Friday unveiled a marijuana legalization initiative in the Sooner State. The initiative, which takes the form of a constitutional amendment, requires 155,000 valid voter signatures to qualify for the November ballot. Proponents have three months to gather them. A medical marijuana initiative is already in the signature-gathering phase in the state.

Medical Marijuana

Contentious Hearing Today Over Proposed New Mexico Medical Marijuana Rules. The state Department of Health is holding a hearing today on proposed new rules for the medical marijuana program, and it is getting an earful from patients, growers, health care professionals, and even some state legislators. Proposals to reduce the number of plants patients can grow, impose stricter testing requirements, and increase fees are all proving unpopular. So is the department's insistence on holding the hearing today instead of postponing it to allow more time for people to respond to the proposed rules.

Kentucky VFW Passes Resolution Supporting Medical Marijuana for Veterans. The Kentucky state convention of Veterans of Foreign Wars (VFW) last Friday passed a resolution calling on the national VFW to support medical marijuana access for veterans through the Veterans Administration. The VA should begin "post haste" to provide medical marijuana to vets through VA Hospital System pharmacies, the resolution said. The resolution will be brought up at the VFW national convention in St. Louis next month.

Oregon HIDTA Issues Report Noting "Threat" of Medical Marijuana. The Oregon High Intensity Drug Trafficking Area (HIDTA), a federal agency that coordinates law enforcement efforts against drug trafficking, has issued its annual threat assessment and finds marijuana use, cultivation, and distribution "pervasive." It blames the state's medical marijuana program for the "threat," complains about driving under the influence of marijuana (although its own graphs show a decline in such charges in recent years), and bemoans the fact that it can no longer sic child protective services on medical marijuana users and producers. It also highlighted the dangers of accidental ingestion of marijuana by children, even though the Oregon Poison Center reports only two to 15 cases a year, and even though there is no fatal overdose potential.

Drug Testing

Georgia Heeds USDA Warning; Will Not Drug Test Food Stamp Recipients. The office of Gov. Nathan Deal (R) announced last Friday that it will not drug test food stamp recipients under a newly passed law after both state and federal officials concluded it was illegal. The US Department of Agriculture informed the state several weeks ago that such a law violated federal food stamp program rules, and state Attorney General Sam Olens delivered an opinion to the governor agreeing with that assessment.

Law Enforcement

Drug War Dominates the Police Blotter in Jacksonville, North Carolina. Just another weekend in Jacksonville, and the police blotter shows that drug arrests account for the bulk of the activity. Of 25 arrests, 11 were for drug charges. There were also four people arrested for breaking and entering, three for larceny, two for eluding arrest, and a handful of other charges. Most of the drug arrests appear aimed at users and low-level dealers.

Illinois Man Challenges State's Heroin Overdose Homicide Law. Under state law, a person who provides heroin to someone who then overdoses and dies can be charged with murder. John Chappell, 22, of Aurora, has been charged under that statute with the death of a relative after delivering heroin to a third man who then delivered it to her. He has filed a motion to have the law declared unconstitutional on several grounds, including that crime is essentially involuntary manslaughter, but is punished more severely.

International

UN Chief Ban Ki-Moon Gets Coca Birthday Cake in Bolivia. Ban Ki-moon's birthday was last Saturday, and Bolivian President Evo Morales helped him celebrate it by presenting him with a birthday cake containing coca. Ki-moon is in Bolivia for a meeting of the G77 group of countries. Ki-moon didn't actually publicly take a bite of the coca cake, but he thanked Bolivians for their "big, broad heart... and great wisdom."

Albanian Marijuana Growing Crackdown Sparks Clashes with Police. Hundreds of Albanian police have stormed and occupied the village of Lazarat after marijuana growers fired RPGS, mortars, and machine guns at them as they attempted to raid the village a day earlier, the Associated Press reported. The village is home to growers who produce an estimated 900 metric tons of weed each year. No injuries were reported, and the gunmen are said to have fled to the hills, although the sound of gunfire was still being reported hours later. A TV crew covering the raid was robbed at gunpoint by masked men who burned their vehicle, Albania's A1 channel reported.

Chronicle AM -- June 12, 2014

Marijuana reform is exciting some third-party activity, New York's medical marijuana bill is still alive amidst ongoing last-minute negotiations, the New York Senate has passed a package of anti-opiate bills that will bring on more drug war, a high-level commission calls for radical drug policy changes in West Africa, and more. Let's get to it:

coca plant (unodc.org)
Marijuana Policy

Minnesota Independence Party Runs on Legalization Platform. The Independence Party of Minnesota, a fiscally conservative and socially liberal state party, is making marijuana legalization a key part of its 2014 platform. The party, which is fielding candidates in a number of statewide and legislative races, is descended from the Jesse Ventura-era Reform Party. Its gubernatorial candidate got 12% of the vote in the 2010 election.

New Jersey Democrats Try to Kick NJ Weedman Off Ballot. Ed Forchion, better known as the NJ Weedman, is running for a congressional seat on the Legalize Marijuana Party ticket, but the state Democratic Party issued a last-minute (or past the last minute) challenge to his candidacy Monday afternoon. The Democrats claim he is one signature short of qualifying and that he registered to vote last month in California, where he sometimes resides. NJ Weedman says he will fight the challenge.

Medical Marijuana

New York Medical Marijuana Bill Still Alive; Talks Underway. Last minute negotiations to pass the Compassionate Care Act continued in Albany today. The measure was transferred out of the Senate Finance Committee, where the committee chair said yesterday he would not allow a vote, to the Senate Rules Committee. Bill sponsor Sen. Diane Savino (D-Staten Island) said she is in talks with legislative leaders and Gov. Andrew Cuomo's (D) office to keep the bill alive. Cuomo said earlier today that he still has "serious questions" about the bill. Stay tuned.

South Carolina Democrats Overwhelmingly Favor Medical Marijuana in Non-Binding Primary Question. South Carolina Democrats voting in the party primary Tuesday supported a non-binding question about allowing for medical marijuana use by a margin of three-to-one. The state passed a limited CBD medical marijuana bill this year, but that will only help a small number of patients.

Opiates

New York Senate Passes Package of Heroin Bills; Would Intensify Drug War. The state Senate earlier this week passed a massive package of bills aimed at dealing with increased levels of heroin and other opiate use. While the package includes prevention and harm reduction measures, such as increasing access to the overdose reversal drug naloxone, other bills in the package seek to limit access to prescription opiates for acute pain, and the majority of the 23-bill package are law enforcement measures that aim to take the state back in the direction of the draconian Rockefeller drug laws of the 1970s. Read the complete list of bills passed here. Whether any of these will become law remains to be seen; the session ends next week.

International

West Africa Needs to Consider Drug Decriminalization, Report Says. The West Africa Commission on Drugs, headed by former UN Secretary General Kofi Annan, issued a report today calling for radical policy changes, including drug decriminalization, to reduce regional instability in West Africa exacerbated by the illicit trade in drugs. Otherwise, the region faces becoming "a new front line in the failed 'war on drugs,'" the report says. It also calls for drugs to be treated primarily as a public health issue. The report is Not Just in Transit: Drugs, the State, and Society in West Africa.

Spain to Start Including Illicit Drug Trade in GDP. Spanish officials said today they will begin including estimated revenues from the drug trade, as well as prostitution, in calculating the country's Gross Domestic Product. Other European countries are doing the same as part of new European Union requirements that they must state percentages of GDP derived from illicit activities.

Peru Coca Output Declined Last Year, Prices Soared Amidst Eradication Efforts. The UN Office on Drugs and Crime (UNODC) reported Wednesday that, under the pressure of eradication campaigns, coca leaf production declined 18% last year, but that prices jumped nearly 50%, to more than $1300 a kilogram. The UNODC noted the changes in its annual Peruvian coca survey. Cultivation fell last year after expanding for the seven previous years. Peru is either the world's number one or number two coca producer; we'll have to see what UNODC says about Colombian production later this year. Bolivia is number three.

Mexico Awaiting DNA Test Results to Confirm Death of Sinaloa Cartel Leader "El Azul" Esparragoza. Mexican officials are waiting for DNA test results that would confirm the death by natural causes of Sinaloa cartel leader Juan Jose "El Azul" Esparragoza, which was first reported by the Sinaloa news weekly RioDoce on Sunday. Family members have reportedly confirmed his death, but the government is still waiting to make it official.

(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.)

This Week's Corrupt Cops Stories

A Tennessee police chief gets caught misbehaving, so does a strung out Pennsylvania deputy, and a San Diego husband and wife cop team go down for dealing. Let's get to it:

In Graysville, Tennessee, the Graysville police chief was arrested last Monday on charges he was improperly disposing of seized vehicles and dipping into seized cash. Police Chief Jason Erik Redden is accused of either taking for himself or returning to the original owner three of the vehicles, and is also being held responsible for $4,128 in missing seized cash and fees paid to the department. He is charged with seven counts of misconduct in office, two counts of theft over $1,000, and one count of theft under $500.

In Washington, Pennsylvania, a Washington County sheriff's deputy was arrested last Wednesday after he sold the opiate maintenance drug suboxone to an undercover informant. Deputy Matthew Miller, 29, became former Deputy Miller the same day when the sheriff fired him after his arrest. Miller allegedly told the informant he was strung out on heroin and was selling the pills to get money.

In San Diego, a husband and wife pair of San Diego police officers were arrested last Thursday on multiple drug charges amid an investigation into corruption in the department. Officer Bryce Charpentier is charged with possessing and transporting drugs, possessing a loaded firearm while under the influence, and conspiracy. His wife, Officer Jennifer Charpentier is charged with possessing, transporting, and selling drugs, and conspiracy. They have both been put on administrative leave.

Chronicle AM -- June 10, 2014

New York City residents are still getting arrested for marijuana at the rate of 80 a day, New York state residents face another year without medical marijuana passing, Philly heads for decriminalization of a sort, the Justice Department supports retroactivity for recent sentencing reforms, the Sinaloa cartel has apparently lost another key leader, and more. Let's get to it:

NYC marijuana arrests just keep on coming. (www.nyc.gov)
Marijuana Policy

Colorado Lawsuit Claims Marijuana Taxes Violate Fifth Amendment. Denver attorney Robert Corry Jr. has filed a lawsuit on behalf of an unnamed marijuana retailer arguing that paying pot taxes violates a citizen's Fifth Amendment right against self-incrimination since marijuana remains illegal under federal law. The lawsuit seeks a permanent injunction to stop the state from collecting taxes and the return of all taxes collected. A similar lawsuit has been filed in Washington state by attorney Douglas Hiatt.

New York City Marijuana Arrests So Far This Year at Same Pace as Last Year. New Yorkers are still being arrested for small-time pot possession in high numbers under new Mayor Bill DeBlasio (D). According to the Marijuana Arrest Project, so far this year, NYPD is arresting an average of 80 people a day for pot possession, compared to 78 a day throughout 2013 under then-Mayor Michael Bloomberg (R). Another constant is that blacks and Latinos continue to make up the vast majority of marijuana possession busts. They accounted for 87% of pot arrests last year and 86% so far this year. Click on the title link for more details.

Philadelphia City Council Committee Approves Decriminalization Measure. A city council committee yesterday approved a bill that would make possession of up to 30 grams of marijuana a code violation punishable by a $25 fine -- but would still give police officers the discretion to arrest. But Mayor Michael Nutter opposes the bill. His Public Safety Director, Mike Resnick, said the opposition stems the discretional arrest provision, which he said could create unfair situations. A final vote is likely next week.

Medical Marijuana

North Carolina "March Against Fear" Aims to Generate Support for Medical Marijuana. North Carolinian Todd Stimson is leading a 259-mile "March Against Fear" from Asheville to Raleigh to help bring attention to a pending medical marijuana bill, House Bill 1161. The bill was filed last month and is now languishing in the House Judiciary Committee. Click on the title link to join up or get more info.

Key New York GOP Legislator Says He Will Not Allow Vote on Medical Marijuana. Senate Finance Committee Chairman John DeFrancisco (R) said today he would not allow a vote on the Compassionate Care Act, sponsored by Sen. Diane Savino (D). "The Savino bill will not come out of my committee, the Finance Committee," he said. "You don't have any kind of reasonable research on the effects. You have people coming in here every day trying to ban e-cigarettes and use of tobacco in other ways." He said he and other Senate Republicans may be open to legislation that would not allow marijuana to be smoked. The session ends next Thursday.

Clark County, Nevada, Commissioners Approve 18 Dispensary Licenses. There will soon be 18 medical marijuana dispensaries operating in unincorporated parts of Clark County, the home of Las Vegas. County commissioners approved the licenses yesterday. Nevada approved medical marijuana in 2000, but only approved dispensaries last year.

Drug Testing

Repeated School Drug Tests of Pennsylvania 10-Year-Old Provoke Scorching Editorial. The editorial board at the Pennsylvania news website PennLive has penned a strong editorial condemning the drug testing policy at the Susquenita Middle School, which has resulted in a 10-year-old girl be tested three times so far. The editorial notes that state law requires that school districts actually show there is problem and show that drug testing helps, but that Susquenita has failed to do either. "Repeatedly drug testing a trouble-free 10-year-old student like Natalie Cassell shows how ridiculous this kind of random snooping is. Innocent students are treated like criminals, while drug-using students can dodge the tests simply by deciding not to join after-school activities," PennLive noted. "At a time when school districts across the state are pleading for more state funding, surely Susquenita schools can find a better uses of money than an unproven, highly invasive program that randomly tests innocent 10-year olds.

Sentencing

Justice Department Supports Making Drug Sentence Cuts Retroactive. Attorney General Eric Holder announced Tuesday that the Justice Department is formally supporting a US Sentencing Commission proposal to allow some nonviolent drug offenders currently doing time in federal prisons to seek sentence reductions. The proposal would extend sentencing reforms already approved by the commission by making them retroactive.

Smarter Sentencing Act Gains Four More Sponsors. The Smarter Sentencing Act of 2013 picked up four more cosponsors Monday, three Democrats and one Republican. They are Del. Eleanor Holmes Norton (D-DC), Rep. Kathy Castor (D-FL), Rep. Tony Cardenas (D), and Rep. Paul Ryan (R-WI). The measure now has 37 cosponsors, 24 Democrats and 13 Republicans. It has been sitting in the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security and Investigations since January.

Prescription Opiates

Massachusetts Governor Unveils Plan to Fight Opiate Use. Gov. Deval Patrick (D) today released a $20 package of proposals to deal with "the opioid addiction epidemic" in his state. He is calling for a summit of regional governors, as well as streamlined access to treatment, better prevention measures, and "strengthening safe prescribing and dispensing practices" to "minimize diversion and misuse." That last bit is likely to raise concerns among people worried about adequate access to prescription opiates. But unlike some other state-level responses to rising levels of opiate use, Patrick's did not contain a law enforcement component. The link leads to the full press release.

International

Key Sinaloa Cartel Figure Reported Dead. Reports are emerging from Mexico that Juan Jose "El Azul" Esparragoza, a key figure in the Sinaloa cartel, has died of natural causes. After the capture of cartel head Joaquin "El Chapo" Guzman by Mexican authorities earlier this year, Esparragoza and Ismael "El Mayo" Zambada were viewed as the effective leaders of the cartel.

Spanish Authorities Close Down Barcelona Cannabis Club for Selling… Cannabis. A Barcelona cannabis club has been closed after police spotted a man approaching tourists and taking them to the club to score. Under Spanish law, one can grow marijuana for personal use, but not sell it. The cannabis clubs have sprung up as a way for consumers to pool their growing resources. Members pay an annual membership fee for a chance to share in the proceeds of the collectively cultivated cannabis, but they're not supposed to sell it.

Chronicle AM -- June 9, 2014

In California, all eyes now turn toward 2016 for marijuana legalization, Washington state's first retail marijuana store will open soon, Mexico's president is willing to debate marijuana legalization, British activists are planting the seeds of change, and more. Let's get to it:

Marijuana Policy

Last California 2014 Legalization Initiative is Dead. The last remaining campaign to put a marijuana legalization initiative on the 2014 ballot is dead. The secretary of state's office announced last Friday that the Marijuana Control, Legalization and Revenue Act of 2014, sponsored by San Jose interests had failed to gather enough signatures by its cutoff date. That means all eyes turn to 2016. See the next item.

California Coalition for Cannabis Policy Reform Launches Grassroots Campaign for Marijuana Legalization. The Coalition for Cannabis Policy Reform (CCPR) announced today it was launching a grassroots campaign to legalize marijuana in the Golden State. CCPR already has the backing of most national drug reform organizations, as well as the ACLU, the California NAACP, and the United Food and Commercial Workers (UFCW). A new Reform CA web site and Facebook page are now up, and CCPR says they have 120,000 people on their list so far.

Texas GOP Spurns Marijuana Reform. Meeting at its state convention in Fort Worth over the weekend, the Texas Republican Party quickly rejected adding support for medical marijuana to its platform and even more quickly rejected a legalization plank.

Colorado Governor Signs Marijuana Banking Bill. Gov. John Hickenlooper (D) last Friday signed into law legislation designed to allow marijuana businesses to use a series of cooperatives a means of accessing basic banking services. The move is aimed at allowing those businesses to move away from cash-only operations, but still needs approval from the Federal Reserve.

Washington State's First Marijuana Retail Store Will Open July 1. The first legal non-medical marijuana retail shop will open in Spokane on July 1. Kouchlock Productions says it will be open, but will set quantity limits until more supply is available. Koucklock is also a licensed producer, but has only been growing its first crop for two months. More retail outlets should open in coming weeks; the state says 334 will be allowed.

Drug Policy

DPA, MAPS Release Report on DEA Obstructionism and Rejection of Science. The Drug Policy Alliance and the Multidisciplinary Association for Psychedelic Studies today released a new report highlighting DEA obstructionism and the rejection of science, primarily around medical marijuana, but also including examinations of how the DEA can move with lightning speed when it comes to prohibiting drugs, as opposed to its lethargy regarding a series of medical marijuana rescheduling petitions. The report calls for responsibility for drug scheduling to be removed from the DEA and for an end to the government's monopoly on research-grade marijuana. DPA and MAPS will also hold a teleconference Wednesday with Reps. Dana Rohrabacher (R-CA) and Steven Cohen (D-TN) and Dr. Carl Hart.

Law Enforcement

$10 Million Federal Grant for Vermont Anti-Heroin Drug Task Forces Wins Senate Committee Vote. A proposal from Sen. Patrick Leahy (D-VT) to fund a $10 million competitive grant for state law enforcement drug task forces was approved by the Senate Appropriations Committee last Thursday. The grant is an innovative way for Vermont to get around restrictions in the Edward Byrne Justice Assistance Grants program, which are based on formulas that assess size and need. Instead, this competitive grant would prioritize locales that have high per capita treatment admissions for opiates. But it is still a 100% law enforcement approach.

International

Mexico's President Says Marijuana Legalization Should Be Debated. Mexican President Enrique Pena Nieto said Sunday that while he doesn't personally support marijuana legalization, he favors debating the issue, and that Mexico could follow the lead of US states that have legalized it. Marijuana prohibition is "a failed policy," he said. "It needs to be reviewed. I repeat, I'm not in favor of legalization, this is a personal conviction. But we can't continue on this road of inconsistency between the legalization we've had in some places, particularly in the most important consumer market, the United States, and in Mexico where we continue to criminalize production of marijuana," he added.

Guatemala President Calls Costa Rica President "Strategic Partner" in Drug Reform Debate. Guatemalan President Otto Perez Molina said last Friday that Costa Rican President Luis Guillermo Solis is "a strategic partner" in the search for alternatives to the militarized prohibitionist drug policies currently in effect. "We feel that Costa Rica is a partner that brings an important vision in this battle to change the drug policy that is today based on prohibition," Perez Molina said. Solis does not support drug legalization, but he has expressed interest in further decriminalizing drug use in Costa Rica.

British Activists Planting Marijuana Seeds at Well-Known Landmarks. Marijuana seeds aren't illegal in Britain, and the Feed the Birds campaign sponsored by the London Cannabis Club is taking advantage of that to plant them at well-known landmarks around the country, including London's Tower Bridge and Big Ben. The project is aimed at decriminalizing marijuana and supporting medical marijuana users, and the seeds they are planting are from a strain with good medicinal properties, organizers said. "We've been doing this for years under a media blackout and we've grown everywhere you can imagine," said founder Finn Hemingway. "This isn't original, it's a return to the days before prohibition and we don't take much notice of whether it's legal or not. By helping medical users, we can get them away from low quality cannabis and dealers and make them self-sufficient." Police said it would be difficult to prosecute the seed-planters.

Utah SWAT Team Kills Drug Fugitive in Standoff

A man wanted on drug and other arrest warrants who barricaded himself inside a West Haven auto body shop was shot and killed Wednesday afternoon when he allegedly pointed a weapon at SWAT officers after a standoff lasting several hours. Kristopher Chase Simmons, 35, becomes the 21st person to die in US domestic drug law enforcement operations so far this year.

According to the Salt Lake Tribune, citing police sources, Ogden police detectives attempting to arrest Simmons on "several drug-related and evading police felony warrants" located him at the auto body shop, but he and a woman with him fled into the shop, and he barricaded himself in a car.

What later happened to the woman is unclear (see below).

SWAT officers were called to the scene and hours of negotiations ensued, but when negotiations proved fruitless, SWAT officers entered the building.

"Simmons pointed a gun at the officers and two of them returned fire, wounding Simmons," Sgt. Lane Findlay of the Weber County Sheriff's Office wrote in a press statement Wednesday night.

But one commenter on a Standard-Examiner story about the incident and Simmons' criminal history had a decidedly different take on what went down:

"My friend is the 'mystery girl' the cops speak of that they could not locate or didn't know if she was real. She was real and she was inside hiding during the stand off and saw everything," wrote the commenter, who identified herself as Mona Little. "SIMMONS DID NOT HAVE A GUN. SIMMONS HAD BARRICADED HIMSELF INSIDE A CAR IN THE SHOP AND HAD A BLANKET OVER HIM. THE COPS SHOT HIM POINT BLANK IN THE CHEST AS HE WAS BEGGING THEM NOT TO! AFTER HE WAS MURDERED THE POLICE SET UP THE STAGE WITH 11 REHEARSALS, REFUSING TO LET THE CSI IN UNTILL THEY PRACTICED WHAT THEY WERE GOING TO CLAIM HAPPENED AND GOT ALL THEIR DUCKS IN A ROW, EVEN RE-ARRANGING THE CRIME SCENE TO WORK IN THEIR FAVOR!!! THIS IS MURDER BUT WHO WILL POLICE THE POLICE? THIS IS THE TRUTH."

Sgt. Findlay told the Standard-Examiner yesterday that a detective had indeed seen a woman, who police believed was an associate of Simmons, make her way into the building while others were being evacuated, but that there had been no sign of her since.

"It's not certain where she went," he said. "She could possibly have slipped out."

Police don't know who she is and she could be difficult to identify, he said. "I know there are detectives working on it."

West Haven , UT
United States

Chronicle AM -- June 5, 2014

An Arkansas marijuana legalization initiative can start signature-gathering, DC's medical marijuana program now includes more eligible conditions, Tennessee's governor unveils his prescription drug plan, Canada's mandatory minimum sentencing law is being challenged, and more. Let's get to it:

DNC Chair Rep. Debbie Wasserman Schultz gets scolded by the medical marijuana movement.
Marijuana Policy

Arkansas Legalization Initiative Approved for Signature-Gathering. State Attorney General Dustin McDaniel yesterday approved the popular name and ballot title for a constitutional amendment initiative that would legalize marijuana. Supporters of the Arkansas Hemp and Cannabis Amendment now have just over one month -- until July 7 -- to submit more than 78,000 valid voter signatures in order to qualify for the November ballot. A medical marijuana initiative sponsored by Arkansans for Compassionate Care is already in the signature-gathering phase.

Medical Marijuana

Group Targets DNC Chair Debbie Wasserman Schultz for Not Voting to End DEA Interference in Medical Marijuana States. The medical marijuana advocacy group Americans for Safe Access is now running TV ads criticizing Rep. Debbie Wasserman Schultz (D-FL), chairwoman of the Democratic National Committee as "out of touch" for voting against a measure to bar the DEA from interfering in medical marijuana states. Wasserman Schultz was one of only 18 Democrats who voted against it while 170 Democrats voted for it. The ads are running on MSNBC in South Florida, where her district is.

DC Medical Marijuana Program Adds New Qualifying Conditions. The DC Department of Health has approved new conditions for which patients will be able to use marijuana. They are seizure disorders, Lou Gehrig's Disease, decompensated cirrhosis, cachexia or wasting syndrome, and Alzheimer's. Hospice patients will also be allowed to use marijuana. Previously, the DC program had been restricted to people suffering from HIV/AIDS, cancer, glaucoma, and muscle spasticity.

Heroin

Ohio Democratic Candidates Call for Tougher Action Against Heroin. Democratic gubernatorial candidate Ed FitzGerald and Democratic attorney general candidate David Pepper are calling for tougher action against heroin. FitzGerald said he wants tougher enforcement on dealers and that rising heroin use should be treated as a public health emergency. And Pepper called for heroin overdose deaths to be treated like murder. FitzGerald added that not enough dealers are going to prison, especially after a sentencing reform bill passed. The Ohio Republican Party responded calling the Democrats "tone deaf" and "ghoulish," saying that Gov. John Kasich (R) has been a strong advocate on the issue, and besides, Attorney General Mike DeWine's (R) office had just indicted two heroin dealers last week.

Prescription Drugs

Tennessee Governor Rolls Out Prescription Drug Plan. Gov. Bill Haslam (R) Tuesday unveiled his seven-point program to battle problems associated with prescription drug use. "Prescription for Success: Statewide Strategies to Prevent and Treat the Prescription Drug Abuse Epidemic in Tennessee" calls for reducing the prescribing of prescription opiates, reducing overdose deaths (including through enactment of a 911 Good Samaritan law), increasing prevention, early intervention, and treatment, and increased cooperation among state agencies and between the state and other entities. While it has a law enforcement component, that doesn't seem to be emphasized. [Ed: There are some good provisions in this document, but reducing the prescribing of pain medications needs to be handled with great care. Although more people are getting opiates now, not all of the people who need them are, and it could easily get even worse for pain patients.]

Drug Testing

California Initiative to Drug Test Doctors Qualifies for Ballot. An initiative that requires random, suspicionless drug and alcohol testing of doctors has qualified for the November 2014 ballot, according to the Secretary of State's office. It also requires doctors to report any other doctor they suspect of being impaired by drugs or alcohol. It also increases the cap on pain and suffering damages in medical malpractice lawsuits, which may the initiative's main goal. Legislative analysts estimate it could cost the state "at least in the low tens of millions of dollars annually" in higher malpractice costs and up to "hundreds of millions of dollars annually" because of changes in the amount and type of health care services provided.

Law Enforcement

In Massive Heroin Sweep, New Jersey Police Arrest Seven Users for Every Dealer. New Jersey cops arrested 325 people during an eight-week heroin sting, but only 40 of them are accused of selling heroin. The rest are alleged heroin users. Authorities said all were arrested on relatively low-level charges and all would have a chance to go through treatment programs, but the head of the state's drug court program said she wasn't sure the system could accommodate all of them.

International

New Zealand Workers Win Drug Testing Case. Workers at a mill who were subjected to mandatory drug tests after two marijuana plants were found growing on the site were treated unfairly and must be compensated, the Employment Relations Authority has ruled. The mill owner had argued that the discovery of pot plants was "reasonable cause" to drug test everybody, but the authority disagreed. "This is a victory for our members, and a victory for common decency and respect," says Ron Angel, a union organizer for timber workers. "Drug testing has to be about proving actual impairment at work - not treating workers as guilty until proven innocent."

Canada Battle over Mandatory Minimum Sentences Heads to BC Appeals Court. A case that could eventually overturn the Conservative government's mandatory minimum sentence scheme for drug offenses is being heard in the BC Court of Appeals today. Earlier this year, a BC provincial court judge ruled unconstitutional an automatic one-year prison term for a person repeatedly convicted of drugs. Lawyers for the government appealed; thus today's hearing. The case is that of Vancouver Downtown Eastside resident Joseph Lloyd, a long-time drug user with 21 previous convictions who was convicted last fall of trafficking small amounts of heroin, cocaine, and meth. The provincial court judge held that mandatory minimum sentences amounted to cruel and unusual punishment.

Bolivian Village to Bake Coca Birthday Cake for UN Head Ban Ki-Moon. UN Secretary General Ban Ki-Moon will be in Bolivia when his birthday rolls around on June 15, and the mayor of Cobija, Ana Lucia Reis, says they are going to bake him a coca birthday cake. "The idea is that Ban tries the coca and realizes that coca is part of our culture and is not cocaine," she said.

Smuggler Shooting Immediately Tests Border Patrol's New Force Policy

Last Friday, Customs and Border Patrol (CBP) Commissioner Gil Kerlikowske announced new policies designed to reduce the use of deadly force by Border Patrol agents. Hours later, a Border Patrol agent shot and killed marijuana smuggler Luis Arambula, 31, as he fled on foot through an Arizona golf course. Arambula becomes the 20th person to die in US domestic drug law enforcement operations so far this year.

The killing is bound to put CBP's new use of deadly force policies to the test. According to the CBP's new handbook, the use of deadly force is authorized only when there is imminent danger of death or serious injury to the agent or someone else. Deadly force is not to be used "solely to prevent the escape of a fleeing subject," but can only be justified when the person "has inflicted or threatened to inflict serious physical injury or death" and the person's escape poses an imminent threat of serious injury or death to the agent or others.

But that doesn't appear to be the case with Luis Arambula. Border Patrol Agent Daniel Marquez shot him nine times as he ran through a golf course after his vehicle got stuck as he fled from agents. Agents had tried to pull him over on Interstate 19, but he didn't stop, instead getting off the highway, onto an access road and then a surface street into the golf course.

Two agents chased him on foot for a quarter mile, then Marquez opened fire. Agents claimed that Arambula made "punching out" motions with his arms, as if he were aiming a gun at that in a two-handed stance, but Pima County sheriff's deputies investigating the incident said Arambula was unarmed.

The Pima County Sheriff's Office is investigating the killing. We shall see how CBP handles this first challenge to its new deadly force policy.

This Week's Corrupt Cops Stories

More cops with prescription pill problems, more jail guards tempting fate. Just another week in drug war police corruption. Let's get to it:

In Bennington, Vermont, a former Bennington County sheriff's deputy was arrested last Wednesday on charges he was selling prescription drugs through a woman with whom he was having an affair. He is charged with three felony counts of narcotic sale, seven misdemeanor counts of narcotic possession, felony counts of extortion, forgery, and a misdemeanor count of neglect of duty by a public officer. He has been fired from his job as a deputy and is now out on bail, but under house arrest.

In Sunset, Louisiana, a Sunset police reserve office was arrested last Wednesday on charges he stole prescription drugs from the department. Reserve Officer Ronald Anthony Duplechain Jr., 39, went down after someone told the police chief evidence was missing and the department's video surveillance system then showed Duplechain entering the department and walking out with an evidence bag that contained pills seized in a traffic stop earlier that day. Duplechain later put the bag back, minus the pills. He is charged with malfeasance in office.

In Grapeland, Texas, a former Grapeland police officer was arrested last Friday on charges he resorted to fraud to obtain prescription drugs. Monty Allen Clark, 37, went down after a local doctor contacted the Department of Public Safety to report that someone had fraudulently obtained drugs through a prescription. Clark was that someone, and he is now charged with second-degree obtaining controlled substances with a fraudulent prescription. Clark tried to fill a prescription for Adderall and forged the doctor's name on the prescription.

In St. Martinville, Louisiana, a St. Martin Parish jail guard was arrested Monday on charges he was smuggling marijuana and other contraband into the St. Martin Parish Correctional Center. Marshall Babineaux, 22, faces one count of malfeasance in office, one count of possession with intent to distribute marijuana and two counts of introduction of contraband in a penal institution. At last report, he was jailed at his place of employment.

In San Jose, California, a San Jose police officer was arrested Tuesday after the owner of a storage unit complained of a marijuana odor, police found a large amount of pot inside, and the police officer was identified as the renter of the storage unit. Officer Son Vu, 42, a 20-year veteran of the department, is now charged with felony counts of possession of marijuana with intent to distribute. He was in jail Tuesday evening and has been placed on administrative leave.

In New York City, a Rikers Island jail guard was convicted last Wednesday of smuggling marijuana and other contraband into the jail. Khalif Phillips, 31, was found guilty after a one-week trial. He's set to be sentenced on September 25.

Chronicle AM -- June 4, 2014

Legendary chemist Alexander Shulgin has died, the fight for medical marijuana in New York continues, Chicago sues Big Pharma over prescription opiates, Britain's black police association wants a look at legalization in the US, pot politics continues to get big play in Bermuda, and more. Let's get to it:

Britain's National Black Police Association wants the government to study marijuana reform in the US. (nbpa.co.uk)
Medical Marijuana

Compromise Could Be Coming on New York Medical Marijuana Bill. Two key players in the New York legislature, Sen. Diane Savino (D-Staten Island) and Assemblyman Richard Gottfried (D-Manhattan) met yesterday in an effort to find a compromise between their two bills that could lead to passage of a bill before the session ends in two weeks. The Assembly has already approved Gottfried's bill, but the Senate has yet to act on Savino's. Being able to actually smoke marijuana may be an item for discussion.

Ecstasy

Legendary Chemist Alexander Shulgin, "Godfather of Ecstasy" Dead at 88. Alexander Shulgin, the Berkeley-based research chemist who turned the psychotherapeutic community on to MDMA (Ecstasy) died Monday at his Northern California home. In addition to his work with MDMA, Shulgin also created more than 200 other psychedelic compounds. His life's work is distilled in two books PIKHAL (Phenethylamines I Have Known and Loved): A Chemical Love Story and TIKHAL (Triptamines I Have Known and Loved): The Continuation. The DEA considers those books handbooks for illicit psychoactive chemistry.

Prescription Drugs

Chicago Sues Pharmaceutical Companies; Claims They Contributed to Prescription Drug Surge. The city of Chicago has filed a lawsuit against five drug companies -- Purdue Pharma, Cephalon, Janssen Pharmaceuticals, Endo Health Solutions and Actavis -- charging they deceived the public about the risks and benefits of highly potent and effective opiate pain relievers. "For years, Big Pharma has deceived the public about the true risks and benefits of highly potent and highly addictive painkillers in order to expand their customer base and increase their bottom line, Mayor Rahm Emanuel said in a statement. The lawsuit claims the companies violated city laws against consumer fraud and misleading advertising. The city is seeking cash damages in an unspecified amount, but said it is not seeking to ban the medications.

Sentencing

US Sentencing Commission to Hold Public Hearing Next Week on Retroactivity for New Drug Quantity Sentencing Tables. On Tuesday, June 10, the US Sentencing Commission will hold a public hearing to gather testimony from invited witnesses on the issue of whether the amendment to the drug quantity table sent to Congress in April should be applied retroactively. The Commission will not be voting on the issue of retroactivity at this hearing, and that issue is open for public comment until July 7. A tentative hearing agenda is available here​.

More Than a Thousand Religious Leaders Call for Federal Drug Sentencing Reform. Some 1,100 religious leaders representing 40 different faith groups have signed onto a letter to Congress supporting passage of the Smarter Sentencing Act (S1410/HR 3382), which would reduce mandatory minimum sentences for federal drug offenses. The sign-on was sponsored by the Faith in Action Criminal Justice Reform Working Group.

Law Enforcement

Sarasota, Florida, Cops' Reverse Sting on Nickel Bag Marijuana Buyers Raises Eyebrows, Civil Liberties Concerns. Police in Sarasota, Florida, went undercover to sell nickel bags of weed to unsuspecting customers in a city park and then charged them with "purchase of marijuana," a felony punishable by up to five years in state prison. The operation has critics calling foul and questioning whether the operation was a good use of police sources, whether it violated the civil rights of some defendants (including a mentally ill man), and why it targeted users instead of dealers.

International

British Black Police Group Call for Government to Examine US States' Marijuana Legalization. Britain's National Black Police Association wants the British government to examine marijuana legalization in US states, with an eye toward moving in the same direction in the UK. "We've had our current approach to drug laws for 20 years. If we can learn anything from the US I think we should to see whether we can get some better outcomes," said Nick Glynn, vice-president of the group. "There about a million stop and searches carried out in England and Wales every year. Around half of those are focused on street possession of cannabis so there's a lot of time spent dealing with that very low level offense. In the US they've done it in separate areas instead of across the whole country so maybe that's something we can replicate here."

Georgia Prime Minister Denies Rumors He Plans to Legalize Marijuana, But.... Georgian Prime Minister Irakly Garibashvili today denied rumors he plans to free the weed, but he did say that punishments for "soft drugs" may be reevaluated. Under current Georgian law, possession of marijuana can get you seven to 14 years in prison, although the state seems more interested in revenues from fines than in actually imprisoning people.

Bermuda Opposition Leader Stands By His Backing of Medical Marijuana; He Gave It to His Asthmatic Daughter. Opposition leader Marc Bean said Tuesday that he "absolutely" stands by his remarks last week supporting marijuana as a medicine and that he used it to treat his young daughter for asthma. He originally spoke out last week as the House of Assembly debated the findings of the Cannabis Reform Collective, which is calling for medical marijuana, decriminalization, and eventual legalization He also said he had smoked the stuff himself. "I was a Rastaman, full fledged -- I lit the chalice," Bean said.

Bermuda Parliamentary Select Committee Recommends Drug Testing for Legislators. A parliamentary joint select committee has issued a report recommending random, suspicionless drug testing of legislators because they are "guardians of public morality" and any drug use by them "calls into question their ability to uphold the principles of public morality and the rule of law and to lead by example. They might want to speak to Marc Bean first.

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