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Texas Deputy Killed in Dawn No-Knock Drug Raid

A Burleson County, Texas, sheriff's deputy leading a dawn, no-knock drug raid was shot and killed by the homeowner last Thursday. Sgt. Adam Sowders becomes the 40th person to die in US domestic drug law enforcement operations so far this year.

Deputy Adam Sowders was killed executing a no-knock drug raid over some marijuana plants. (http://www.co.burleson.tx.us)
Although Sowders was killed early last Thursday morning, we delayed reporting the story because the sheriff's department refused for several days to release search warrant information that would have verified it was indeed a drug-related search warrant.

According to the Bryan-College Station Eagle, Sowders had obtained a search warrant for the residence after obtaining information that the homeowner was growing marijuana and possibly had stolen guns. The warrant was a "no-knock" warrant, meaning police could forcibly enter the residence without giving residents a chance to respond.

Sowders, the first officer through the door, was shot and killed by homeowner Henry Goedrich Magee, 28, who has now been charged with capital murder. But Magee's attorney, famed Houston defense lawyer Dick DeGuerin, said Magee and his pregnant girlfriend were sleeping in the home when they heard "explosives" going off and loud pounding at the door. Moments later, the door burst open and a person Magee couldn't identify entered the residence. Magee grabbed a rifle leaning against his bedroom door frame and shot Sowders. According to DeGuerin, Magee shot him because he "believed the man rushing in was an intruder and he needed to defend himself."

Magee has a felony and a misdemeanor drug conviction, but DeGuerin said all investigators found inside the trailer were a few marijuana plants and four guns that were all legal. DeGuerin pointed at the no-knock warrant as a contributing factor in Sowder's death.

"The danger is that if you're sitting in your home and it's pitch black outside and your door gets busted in without warning, what the hell are you supposed to do?" DeGuerin said.

Somerville, TX
United States

Chronicle AM -- December 23, 2013

The marijuana court judge was drunk, Dread Pirate Roberts wants his bitcoins back, Beto O'Rourke wants the Border Patrol to answer some questions, Rand Paul and Cory Booker tweet policy, and more. Let's get to it:

Marijuana Policy

Florida "Marijuana Court" Judge Comes to Work Drunk. Florida Judge Gisele Pollack, who pioneered the notion of a "marijuana court," where misdemeanor pot offenders are steered toward treatment, showed up at work last Tuesday drunk out of her mind. When court staff tried to keep her off the bench, she responded, "Fuck you, you're fired." She was also reportedly screaming and crying as she demanded that her car keys be returned to her. She later told reporters she would be off for two weeks in "an intense outpatient program."

Medical Marijuana

Florida Signature-Gatherers Held Day of Action Saturday. Organizers for the campaign to put a medical marijuana initiative on the Florida ballot held a "Day of Action" Saturday as their effort heads into its final weeks. Supporters set up locations in 14 cities, including Daytona Beach and Orlando, where volunteers picked up and dropped off petitions. They need 700,000 to make the ballot, but are seeking to gather one million to have a cushion.

Asset Forfeiture

Silk Road's Dread Pirate Roberts Wants His Bitcoins Back. Ross Ulbricht, also known online as the Dread Pirate Roberts, is asking the federal government to return more than $30 million worth of bitcoins it seized after it shut down his Silk Road web site for allowing visitors to buy and sell illegal drugs and other contraband. Ulbricht argues in a legal filing that the currency should be returned because it isn't subject to civil forfeiture rules.

Law Enforcement

Beto O'Rourke Calls for Investigation into Heavy-Handed Border Drug Searches. US Rep. Beto O'Rourke (D-TX) is calling for an investigation into border drug search practices after, in the latest border search scandal, a New Mexico woman is suing after having been subjected to body cavity searches, including anal and vaginal probes while crossing into El Paso from Mexico. "Recent allegations brought against CBP for extreme and illegal searches are deeply troubling and, if true, completely unacceptable," O'Rourke said. "Individuals do not waive their constitutional or human rights simply because they choose to cross one of our international bridges. The war on drugs cannot be an excuse for sexual assault under the color of legal authority. Constitutional limits exist so that the rights of our citizens are protected and the government does not deprive any person of life, liberty, or property, without due process of law," O'Rourke said. "CBP has a responsibility to ensure that all persons entering into our country are treated humanely and in accordance with our laws."

Sentencing Reform

Paul-Booker Tweet Fest Could Be Harbinger of Reform Alliance Next Year. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) engaged in a Twitter exchange today that could augur cooperation on moving forward with sentencing reform and marijuana and hemp legalization next year. Both are among the highest-profile senators seeking sentencing reform. Read the exchange at the link.

International

A Thousand Rally for Marijuana Legalization in Tel Aviv. More than a thousand people rallied in Tel Aviv's Rabin Square Saturday night in favor of marijuana legalization and easing restrictions on medical marijuana. Likud lawmaker Moshe Feiglin and Meretz lawmaker Tamar Zandberg have proposed a bill that would legalize marijuana and ease access to it for medical use.

Costa Rica Presidential Candidates Not Keen On Marijuana Legalization. Costa Rica's two leading presidential candidates have said they do not support the full legalization of marijuana in Costa Rica. Proponents of medical marijuana, however, might glean some hope from the candidates' responses. Front-runners Johnny Araya of the National Liberation Party and Jose Maria Villalta of the Broad Front are lukewarm at best on marijuana reform. Araya said "I'm against legalizing marijuana in Costa Rica," while Villalta, while not endorsing legalization, at least called for "a broad national dialogue" on the issue.

Ohio Woman Killed By Errant Shot in Drug Raid

A Ross County, Ohio, woman was shot and killed in an apparent accidental discharge of a deputy's weapon during a December 11 drug raid. Krystal Barrows, 35, becomes the 39th person to die in US domestic drug law enforcement operations so far this year.

Krystal Barrows (facebook.com)
According to the Chillicothe Gazette, citing law enforcement sources, the US 23 Task Force was preparing to raid the home, where they expected to encounter a large amount of heroin, as well as weapons, when the weapon of a deputy standing outside the mobile home discharged, traveling through the wall and striking Barrows.

When police entered the mobile home, Barrows was sitting on the living room couch "in critical condition" from a bullet wound to the head. She was taken from the scene in a medical helicopter, but was pronounced dead upon arrival at Ohio State University's Wexner Medical Center.

Six people were charged during the raid; two others were detained and questioned before being released. A total of 11 people, including a juvenile female, were inside the mobile home when the US 23 Task Force arrived to serve the warrant. The raiders found what they were looking for: "large amounts of heroin," multiple weapons, a large amount of cash, and likely stolen goods.

Barrows, a mother of three, had no criminal record except for one arrest for public intoxication.

The police shooter has been identified as Ross County Sheriff's Sgt. Brett McKnight, an 11-year veteran of the force. The Ohio Bureau of Investigation is looking into the case.

Local media complained that the sheriff's office refused to release incident reports on the raid and shooting, even though the state Supreme Court has ruled that they must be released immediately.

Chillicothe, OH
United States

"Obamacare" Heroin Hits the Market

Like any other businessmen seeking to differentiate their product from similar competitors, heroin dealers come up with brand names, too. Among the latest is this entry from Massachusetts: "Obamacare"

This photo comes courtesy of the Massachusetts State Patrol, whose troopers seized 1,250 packets of heroin stamped "Obamacare" or "Kurt Cobain" during a Friday morning traffic stop.

Branding heroin is nothing new; legendary New York City heroin dealer Frank Lucas had his "Blue Magic" back in the 1970s. In recent years, the trend has continued, with names such as "Bugs Bunny," "Buddha," "Bin Laden," and "LeBron James" all making appearances, some for more obvious reasons than others.

"Kurt Cobain" I can understand, from a heroin marketer's viewpoint. This shit will blow your brains out.

But I'm not sure what message dealers are trying to convey with the "Obamacare" brand. Is this stuff gonna kill you as dead as socialized medicine? Or is it gonna bliss you out like knowing you have access to reasonably priced health insurance despite preexisting conditions?

Location: 
MA
United States

Chronicle AM -- December 20, 2013

A pair of state appeals courts slap down cops who take people's medicine and won't give it back, there are problems with Kansas' drug testing law, Peru is buying shining new toys to prosecute its drug war, and more. Let's get to it:

Hash is medicine, and the cops have to give it back, the Oregon appeals court ruled. (wikimedia.org)
Marijuana Policy

DPA California Initiative Revised. The Control, Regulate and Tax Marijuana initiative, filed earlier this month by the Drug Policy Alliance (DPA), has been revised. The new version increases the personal grow limit from four plants to six, makes the 1,000-foot buffer rule around schools optional instead of mandatory, and makes the California Industrial Hemp effectively immediately. Left intact were no changes in criminal penalties, no changes in the state's medical marijuana law, and a 25% tax on adult retail sales. DPA head Ethan Nadelmann said in a conference call yesterday that the group would decide early next year whether to move forward for 2014.

Medical Marijuana

Oregon Appeals Court Rules Cops Must Give Back Seized Medical Hash. The Oregon Court of Appeals ruled Wednesday in Oregon v. James Jonathan Ellis that a medical marijuana patient whose hash was seized during an arrest can get it back. A district court judge had refused to order it returned, finding that hash wasn't covered under the state's medical marijuana law, but the appeals court disagreed, citing the federal Controlled Substances Act's definition of marijuana, which Oregon's law adopted, and which includes "every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin."

Colorado Appeals Court Rules Cops Must Give Back Seized Medical Marijuana. The Colorado Court of Appeals ruled Thursday in Colorado v. Robert Clyde Crouse that a district court judgment ordering Colorado Springs Police to return marijuana seized from leukemia patient Crouse was correct. Colorado Springs authorities had argued that federal drug laws preempted their returning Crouse's medicine, but neither the district court nor the appeals court was buying it.

Wyoming Legislator to Introduce Medical Marijuana Bill. Rep. Sue Wallis (R-Recluse) said this week that she intends to introduce a bill in the legislative session that starts early next year to allow the use of marijuana for medicinal purposes. Wallis said the death a year ago of her husband, Rod McQueary, brought the issue of legalizing medical marijuana into sharp focus for her. She said he benefited greatly from medical marijuana from Colorado in his last days.

Asset Forfeiture

Michigan Legislator Introduces Asset Forfeiture Reform Bill. Rep. Jeff Irwin (D-Ann Arbor) has introduced a bill, House Bill 5213,that would prohibit civil asset forfeiture unless and until a person is convicted of a criminal offense. "Asset forfeiture was sold as a needed tool for law enforcement to attack drug kingpins and gang leaders," Rep. Irwin said. "[But] too often, law enforcement uses the current asset forfeiture law to take tens of millions of dollars every year, mostly from low-level users and small-time dealers. We need to change how asset forfeiture works. By requiring a person be convicted of a crime before their seized property is subject to forfeiture, we will stop the worst abuses and curtail the insidious incentives that lead some law enforcement to short circuit due process and the fundamental principle that a person is innocent until proven guilty."

Drug Testing

Kansas Drug Testing Law Punishes Welfare Recipients, But Lets Lawmakers Skate. The Kansas legislature this year passed a bill, Senate Bill 149, that allows for drug testing of welfare recipients. Amid charges of hypocrisy, solons added language to include drug testing of themselves. But Wednesday, the director of Legislative Administrative Services, who is charged with implementing legislator testing, told legislative leaders that the law does not include any ramifications for a positive drug test and does not explicitly make the results public, so he will be treating them as confidential medical records.

Sentencing

Connecticut Sentencing Commission Recommends Cutting Drug-Free Zones. The Connecticut Sentencing Commission recommended Thursday that lawmakers sharply curtail drug-free zones around schools. The commission said they created racial disparities, unfairly affecting blacks and Latinos, who are more likely to dwell in urban areas, where schools and day cares are more densely packed. The commission recommended scaling the zones back from 1,500 feet to 200 feet. It also recommended limiting drug-free zone charges to those actually intending to infringe on the zones, as opposed to those just passing through.

International

Peru in Half-Billion Dollar Deal to Buy Russian Helicopters for Anti-Drug, Anti-Terrorism Effort. The Peruvian and Russian governments announced a deal Wednesday in which Russia will provide 24 Mi-171 helicopters to the Peruvian armed forces. The Peruvians plan to use them for anti-narcotics and anti-terrorism work in the central mountain areas where coca leaf and cocaine production are widespread.

Belgian Cannabis Social Club Raided. Belgian police acting on orders of the Justice Ministry raided the country's second cannabis club Wednesday (sorry, link in Dutch only). Raiders hit the Mambo Social Club in Hasselt, which follows the country's one-plant-per-person guidelines, seizing plants, records, and computer equipment. No word yet on any criminal charges.

Chronicle AM -- December 18, 2013

They may be smoking more pot in Washington state than anyone thought, the Florida medical marijuana signature-gathering campaign is going down to the wire, opium production is up in the Golden Triangle, and aerial eradication is down in Colombia (after planes get blown out of the sky). And more. Let's get to it:

Aerial spraying of coca plants is on hold in Colombia after the FARC shot down two planes this fall. (wikimedia.org)
Marijuana Policy

Reason-Rupe Poll Has Support for Marijuana Legalization at 49%. In the latest Reason-Rupe poll, 49% of respondents favored legalizing marijuana, with 47% opposed. That puts it on the low side of recent polls on the topic, most of which are now showing majorities for legalization now. The poll found majority support among Democrats (55%) and independents (51%), but not Republicans (37%). Click on the link for more demographic and methodological details.

NYC Lobbyist Forms Marijuana Legalization PAC. The New York City lobbying and consulting firm Sheinkopf LTD, headed by Hank Sheinkopf, has registered a political action committee to advocate for marijuana legalization. The "Legalize Now" PAC was registered this week with the New York State Board of Elections. Both medical marijuana and legalization bills are pending in the legislature.

Washington State Marijuana Consumption Twice Previous Estimate, RAND Says. Marijuana consumption is about twice as much as officials had previously thought, according to a new RAND Corporation study. Consumption had been estimated to be about 85 metric tons in 2013, but the new study says the range is between 135 and 225 metric tons, with 175 metric tons as the median.

Medical Marijuana

Clock is Ticking on Florida Initiative. Time is running short for Florida's United for Care medical marijuana initiative. Organizers have until February 1 to gather 683,189 valid voter signatures, and say they have gathered 700,000 raw signatures, but only 162,866 have been certified as of Tuesday. Organizers are assuming a 25% rejection rate, so they are looking to gather a million signatures by deadline day.

Harm Reduction

Jack Fishman Dead at 83; Helped Create Naloxone.A scientist who played a key role in the development of the opioid overdose-reversal drug naloxone has died. Dr. Jack Fishman died earlier this month at age 83. Naloxone (Narcan) is credited with saving countless people from overdoses of heroin and other opioid drugs. Naloxone has been approved to treat overdoses since 1971, but only some states allow it to be distributed to drug users, community support groups, and local health clinics.

Sentencing

New Brennan Center Proposal Aims to Reduce Mass Incarceration. The Brennan Center, a nonpartisan law and public policy institute based at the NYU School of Law, has unveiled a new policy proposal to shrink prison populations, Reforming Funding to Reduce Mass Incarceration. It was discussed last week at the National Press Club in Washington by a panel including Jim Bueerman of the Police Foundation, Marc Levin of the Texas Public Policy Foundation, and Nkechi Taifa of the Open Society Foundations.

International

Golden Triangle Opium Production Up, UNODC Says. Opium production in Southeast Asia's Golden Triangle (Laos, Myanmar, Thailand) is up 22% this year over 2012, the UN Office on Drugs and Crime said Wednesday in its Southeast Asia Opium Survey 2013 - Lao PDR, Myanmar. Most of the production is in Myanmar, which produced 870 of the regions estimated 893 tons. The Golden Triangle accounted for 18% of global opium production this year, the report said.

Colombia Coca Spraying Halted After FARC Shoots Down Two US Pilots, One Killed. US-funded aerial eradication of coca crops in Colombia has been suspended indefinitely after FARC rebels shot down two spray planes, leaving one US pilot dead. The downings occurred in September and October, but the news that the FARC shot them down and that the program had been suspended didn't come until this week.

Mexican Human Rights Commission Warns Government on Anti-Cartel Vigilantes. Mexico's National Commission on Human Rights warned Tuesday that the rise of vigilante groups to confront drug trafficking organizations undermines the rule of law and could lead to increased violence. The commission blamed the rise of the vigilantes on the government's failure to provide security and accused the government of encouraging the formation of some of the groups. The commission said there were some 7,000 vigilante members in Guerrero alone, with thousands more in Michoacan, where dozens have been killed in clashes among vigilantes, police, soldiers, and drug traffickers.

This Week's Corrupt Cops Stories

More cops with pain pill problems, one who seemed like he was headed to (or from) a party, and a Texas parole officer gets too tight with a parolee. Let's get to it:

In Kaplan, Louisiana, a Gueydan police officer was arrested last Thursday after he was pulled over with a virtual party supply in his vehicle. Officer Kenneth Martin, 26, was found with a half-ounce of marijuana, 19 hydrocodone pills, an open bottle of liquor, and a semi-automatic handgun. He was charged with vehicle equipment violation, possession with the intent to distribute marijuana, possession with the intent to distribute a schedule III narcotic, open alcoholic container, possession of a firearm in the presence of a controlled dangerous substance and obstruction of justice.

In Houston, a former Texas state parole officer was convicted last Tuesday on federal charges she accepted bribes from a parolee heroin dealer in return for warning him of police investigations. Crystal Washington, 53, was found guilty of conspiracy to possess with intent to distribute heroin, plus conspiracy to commit extortion. She's looking at up to 60 years in prison, but is free on bond, with an electronic monitor attached to her ankle.

In Oakland, a former San Luis Obispo police officer was sentenced Monday to 18 months in federal prison for taking cash and pain pills from people he was supposed to be investigating as part of the department's drug task force. Cody Pierce, 40, had copped earlier to one count of extortion. In return for the cash and pain pills, he gave them fake oxycodone pills that they could sell.

In Hartford, Connecticut, a former state prison guard was sentenced Monday to three years probation for trying to smuggle oxycodone into the prison. Arcolain Fountain, 47, got caught in a sting buying what he thought was oxycodone from an undercover officer with the Statewide Narcotics Task Force. He planned to smuggle the pills into his place of employment, the Cheshire Correctional Institution. He pleaded guilty to one count of attempting to possess with the intent to distribute a controlled substance, according to federal court officials.

Chronicle AM -- December 17, 2013

Seattle and Denver get down to the nitty-gritty of dealing with the details of marijuana legalization, a conservative Southern congressman comes out for medical marijuana, Detroit cops go on mass raids, and a British TV debate over drug policy gets heated. And more. Let's get to it:

Matthew Perry (l) squares off against Peter Hitchens (r) in fiery BBC Newsnight drug debate.
Marijuana Policy

Colorado Facing Backlog for Pot Shop Employee Licensing. Colorado marijuana retail employees are required to undergo criminal and financial background checks and be fingerprinted before being issued a state badge to work in the industry, but there is a large backlog of would-be employees trying to get through the process. State officials say they are trying to speed up the process. The first stores are supposed to open in two weeks on January 1. Do convenience store clerks who sell beer and wine have to go through this?

Denver City Council Approves Decriminalization for Tweeners. The Denver city council voted Monday night to decriminalize pot possession for 18-to-20-year-olds. The move addresses a quirk in the law that left the age group subject to jail time for simple possession while those 21 and over can legally possess it and those under 18 are not prosecuted but sent to a juvenile assessment.

Seattle City Council Sets $27 Fine for Public Pot Smoking. The Seattle city council voted Monday to set fines for public pot smoking at $27. Seattle police will issue warnings "whenever practicable" instead of issuing the citation. The fine amount is the same as the fine for public drinking.

Philadelphia Smoke Down Prohibition Activist Sentenced to One Year Probation. Comedian NA Poe was sentenced to one year probation last Friday after being arrested in May during the Smoke Down Prohibition X marijuana legalization at Independence Hall National Historic Park. He was arrested after leading a countdown and lighting a joint in an act of civil disobedience. Prosecutors had sought three years' probation with special conditions. Two other Smokedown activists, Chris Goldstein and Don Dezarn, who face similar charges, had their trials postponed until January 23.

Medical Marijuana

North Carolina Republican Congressman Says State Should Consider Medical Marijuana. US Rep. Walter Jones (R-NC) has called on state officials to consider whether medical marijuana could help children who suffer from seizures. Jones' comments came after he was approached by the parents of several children with life-threatening diseases. Jones has a lifetime 85% approval score from the American Conservative Union.

Law Enforcement

Detroit Cops in Massive Anti-Drug Sweep. For the third time in recent weeks, Detroit are doing a massive sweep of a drug-battered neighborhood. More than 300 are sweeping a 1.2 square mile area, executing search warrants, and seeking probation and parole violators. Today's raid, Operation Mistletoe, will be followed by food donations to residents, cops said. Police reported 37 drug and other arrests by late afternoon.

International

Matthew Perry, Peter Hitchens in Fiery British TV Drug Debate. Actor Matthew Perry sparred with British anti-drug campaigner Peter Hitchens (brother of the late Christopher Hitchens) in a furious live TV debate on drug policy on BBC's Newsnight Monday night. Hitchens scoffed at the notion of addiction as a disease, while Perry touted the utility of drug courts. Click on the link for more details.

Two More Drug War Deaths

A Minnesota man died late last month after being arrested on drug charges, and a Washington state man was shot and killed late last week in a drug bust gone bad. Philip Derks of St. Paul and as yet unnamed Wenatchee, Washington, man become the 37th and 38th persons to die in US domestic drug law operations so far this year.

In the Washington case, according to the Wenatchee World News, citing police sources, members of the Columbia River Drug Task Force had made repeated undercover drug buys from the man, then used uniformed police to pull him over in a traffic stop. The man pulled into a Taco Bell drive-in lane, and a police car pulled in behind him.

"The officer exited the vehicle and contacted the suspect," said Trooper Darren Wright of the State Patrol, which is conducting the investigation into the killing. "A struggle ensued and resulted in the shooting."

Wright said it was not clear if the man had a gun, or if he had fired any shots. He said the unnamed police officer shot more than one shot.

The mid-afternoon shooting at the popular fast-food restaurant resulted in the victim's vehicle rolling forward and striking an occupied pick-up truck in the parking lot. No injuries were reported there.

No word on what drugs the task force was chasing.

{Update: The man has been identified as Robert Harris, 43, of Wenatchee. The coroner reported he died of multiple gunshot wounds. Still no word on whether he had a gun.]

In the Minnesota case, according to the Minneapolis Star-Tribune, Philip Derks, 32, had been arrested on November 28 along with the driver of the vehicle in which he was riding after police who stopped them for a traffic violation saw a plastic baggie containing an unknown substance being thrown from the vehicle.

A preliminary field test identified the substance as methamphetamine, and Derks and his companion were taken to the Ramsey County Jail. Within a half hour of their arrival at the jail, Derks' friend alerted jail staff that he needed medical attention. Jail staff wrote that he didn't appear to be under duress, but was fidgety and starting to sweat.

Jail staff moved him to a segregation cell for closer observation after he mentioned Adderall but "refused to answer other questions." Derks grew "even more restless, became very pale, and was sweaty," staff noted before transporting him to a local hospital.

Derks died in the hospital about 18 hours after arriving there. His friend told sheriff's deputies that Derks had swallowed an unknown amount of drugs to hide them from police when they had been pulled over the previous day.

Chronicle AM -- December 13, 2013

It looks like Washington state medical marijuana patients will continue to be able to grow their own, Seattle City Attorney Pete Holmes wants to welcome pot tourists, the Michigan Senate takes aim at welfare drug users, Indian Maoists are profiting from prohibition, and more. Let's get to it:

India's Maoist Naxalities -- profiting from prohibition. (wikimedia.org)
Marijuana Policy

Seattle City Attorney Wants to Accommodate Pot Tourists. Seattle City Attorney Peter Holmes has warned the city council against passing rules that will make it harder for tourists to enjoy legal marijuana. "We need to recognize that tourists are coming to this state to sample wine, to sample Washington marijuana, to sample any of the attributes of this destination city; that we accommodate that somehow," he told KPLU FM.

Medical Marijuana

Washington State Leaning Toward Allowing Home Medical Marijuana Grows. Members of the state Liquor Control Board signaled Friday they will recommend medical marijuana patients continue to be allowed to grow their own medicine. The state Health and Revenue departments and the liquor board had earlier proposed outlawing home growing once I-502 takes effect, but aroused a storm of outrage from patients and their supporters. The board is expected to formally recommend allowing the grows next week.

Colorado Could Cut Patient Fees. State health officials want to reduce the fee paid by licensed medical marijuana patients. The Board of Health will hear a proposal next week to drop the annual fee from $35 to $15. That's because the fund that pays for the patient registry has a $13 million surplus, and the fee is not supposed to be about generating revenue, just paying for the costs of the program. There are nearly 113,000 registered patients in the state.

Second Hearing Held on Guam Medical Marijuana Bill. A pending medical marijuana bill on Guam got a second public hearing Thursday. The island's public health director said he could not support the bill because there was no funding for regulation, but patients and medical marijuana supporters testified in support of the bill. The measure, Senate Bill 215, remains alive, and cosponsor Sen. Tina Muna Barnes said she was working on amendments based on feedback from the public.

Drug Testing

Michigan Senate Approves Welfare Drug Testing Bill. The Michigan Senate Thursday approved Senate Bill 275, which would set up a pilot program to start subjecting some welfare recipients to drug testing. Recipient would be screened and those for whom there was "a reasonable suspicion" of drug use would have to submit to a drug test. A first failed drug test would result in a referral to treatment, a second would result in loss of benefits. The Republican-supported bill passed on a straight party line vote. Similar legislation has been approved in the House.

Sentencing

Report Reviews Changes in Federal Sentencing Since Booker. A new report, Legal Change and Sentencing Norms in Federal Court: An Examination of the Impact of the Booker, Gall, and Kimbrough Decisions, finds that not that much has changed. A series of Supreme Court decisions beginning with Booker held that federal sentencing guidelines are merely advisory, and expectations were that their impact would be significant. But "the findings suggest that sentencing policy changes at the national level -- including reforms mandated by these cases -- neither uniformly nor dramatically transformed sentencing practices. Factors in individual cases were the largest predictor of sentencing outcomes over all time periods. Sentencing behavior across districts changed incrementally over time but did not dramatically shift during major policy changes."

International

Indian Maoists (Again) Linked to Black Market Marijuana Trade. India's long-festering revolutionary Maoist movement, the Naxalites, is once again linked to the illicit trade in drugs. Officials in Odisha are complaining that they cannot eradicate the Naxalites until they "have control over the illegal cultivation of cannabis, which, according to intelligence sources, has become a major source of funding for the Maoists." Six of eight named districts where large-scale pot growing is "a well known fact" are known as "highly Naxal-infested districts." The state government is engaged in manual eradication, but is considering aerial spraying.

Costa Rica Public Opinion Not Ready for Marijuana Legalization. Costa Rica is not ready to legalize marijuana, according to a new public opinion poll. The survey from the School of Statistics at the University of Costa Rica found that only 15% favored legalization, while 50% were opposed. Medical marijuana fared better, with 53% in favor.

British Activist to Open "Cannabis Café" in Manchester. Notorious marijuana activist Colin Davies, who once handed a bouquet of flowers including marijuana to the queen, has announced plans to open a cannabis café in Manchester. Davis, who was once jailed for marijuana trafficking, said no pot would be sold at the café; instead it will be BYOB. Marijuana remains a Class B drug in Britain, so Davis should be looking for a police reaction.

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