Chronicle AM: ACLU Drug Reformer to Big DOJ Post, OR Init Leading, FL MMJ Init Trailing, More (10/16/14)
Polls have the Oregon initiative up, but the Florida initiative down; a marijuana march in New Jersey takes place on Saturday, Obama nominates a drug reformer to a key Justice Dept. position, a Dutch court sticks a thumb in the government's eye, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Latest Poll Has Oregon Legalization Initiative Up By Nine Points. An Oct. 8-11 survey taken for Oregon Public Broadcasting has the Measure 91 legalization initiative at 52% of the vote with 41% opposed. If these numbers hold true, even if all undecided ended up voting "no," the initiative would still pass.
NJ Weedman to Lead Legalization March Saturday in Trenton. New Jersey marijuana activist Ed Forchion, also known as the NJ Weedman, is leading a legalization march this Saturday in Trenton. Click on the link for more details.
Americans for Safe Access Launches "Vote Medical Marijuana" Campaign. The medical marijuana defense and advocacy group aims to educate voters ahead of next month's elections with a new 30-second online TV advertisement that will air on Sunday cable news programs in Detroit, Philadelphia, South Florida, and Washington state. The campaign also includes an interactive online voters' guide at VoteMedicalMarijuana.org. Check it out at the links.
Another Poll Has Florida Initiative Coming Up Short. A new Tampa Bay Times/Bay News 9/UF Bob Graham Center poll has the Amendment 2 medical marijuana initiative at 48% of the vote with 44% opposed and 7% undecided. Because the initiative is a constitutional amendment, it needs 60% to win. This is just the latest in a series of polls showing the initiative failing to reach that mark. Click on the link for more poll details.
Obama Nominates ACLU Attorney with Strong Drug Reform Record to Head Justice Department Civil Rights Division. The Obama administration has nominated ACLU attorney Vanita Gupta to head the Justice Department's civil rights division. Gupta has been a stalwart drug reformer, working to obtain justice for the victims of racially biased drug enforcement in Tulia, Texas, currently leading the ACLU's National Campaign to End Mass Incarceration, and speaking out frequently about drug war injustices and against mandatory minimum sentencing. "The war on drugs has been a war on communities of color," she wrote in 2011. She is also a strong supporter of marijuana law reform, including legalization.
Unprecedented Swarm of Overdoses at Vancouver Safe Injection Site -- But No One Died. Vancouver's InSite safe injection site has seen 31 overdoses in two days, a record for the facility. The ODs came on Sunday and Monday, and speculation is that a particularly strong batch of heroin, perhaps laced with fentanyl, is responsible. It's worth noting that no one died in the InSite overdoses, where medical attention is at hand. In fact, no one has ever died of an overdose at InSite. The batch of heroin has claimed at least one life, though -- a 20-something woman who died in a hostel on the Downtown East Side. There was no medical attention on hand for her. "Heroin overdoses don't need to be fatal," said Gavin Wilson of the Vancouver Coastal Health Authority, which runs InSite. "They're reversible if caught in time."
Guatemala Weighing Softer Drug Punishments. President Otto Perez Molina has told Reuters that the country is considering reducing drug sentences for small-time offenses as part of its push to liberalize its drug policy. "We have 17,000 prisoners in our jails. Many of them are linked to drug trafficking. Some of them are indeed criminals. And there are some who are in for minimal amounts of consumption or possession," Perez said. "So I think there are steps we could take time to analyze," he added, when asked about the possibility of easing sentences to lighten the strain on Guatemala's overstretched penal system. The government received an interim report from a commission studying possible drug policy changes last month, and Perez said final recommendations would be ready sometime in the first half of next year. He also said that his government is considering regulating medical marijuana and opium poppy production for medical purposes.
Dutch Court Refuses to Punish Marijuana Growers. A court in Groningen has found two people guilty of growing marijuana, but refused to punish them, instead criticizing the government's policy that criminalizes pot growing but allows its sale in the country's famous cannabis coffee shops. "The court finds the suspects guilty, but no punishment will be applied," the court said in its ruling. "Given that the sale of soft drugs in coffee shops is tolerated, this means that these coffee shops must supply themselves and so cultivation must be done to satisfy these demands. The law does not state how this supply should be done," the court said. The Groningen growers had been open about their activities, and the court found they had acted within the spirit of the marijuana laws, acting "in the interests of public health and so as to not disturb the public order."
A major report on CBD cannabis oil products come out, San Diego may soon get its first legal dispensary (it's only been 18 years!), patients in the Northeast grumble, the Illinois program gets lots of applicants, and more. Let's get to it:
On Monday, Project CBD released a report on CBD cannabis oil products that raises a number of questions about the safety, reliability, and legality of mass-marketed CBD oil products, some of which are available in Internet marketplaces. The report found that some products contained toxic solvents, some had little actual CBD in them, and some entities that claimed to obtain CBD from industrial hemp crops in other countries were probably not telling the truth. Click on the link to go directly to the report.
On Tuesday, a federal court judge issued a preliminary injunction barring Lake County officials from using warrantless raids to seize and destroy medical marijuana plants. Patients have sued to block the enforcement measures linked to Measure N, an ordinance that severely restricts medical marijuana grows in the county. Judge Thelton Henderson ruled that the patients have demonstrated a strong likelihood of prevailing at trial on their claim that the raids violate their Fourth Amendment rights.
On Wednesday, what would be San Diego's first legal dispensary won a key approval. A Green Alternative has applied to open its doors in Otay Mesa and won approval from a city hearing officer for its plans. Unless someone appeals the decision, the shop should be open by year's end.
On Monday, Connecticut patients demanded whole buds, not ground-up whole plant material. State medical marijuana regulations require that the plant be ground up, and that's not sitting well with some patients and activists. Homogenizing the plant results in "the degradation of the cannabinoids, the actual essential oils that are in the flower," explained Peter Mould, executive director of Connecticut NORML, who has posted a petition at change.org (search for "medical marijuana CT") asking state regulators to allow the sale of whole buds.
On Tuesday, another poll had the medical marijuana initiative coming up just short. A new poll with a large sample and small margin of error has Amendment 2 coming up short. According to the SaintPetersBlog poll, a slim majority (52%) supports the initiative, but that's not enough because, as a constitutional amendment, it needs 60% of the vote to pass. The poll sample consisted of 3,128 Florida registered voters who said they were planning to vote in the election and has a margin of error of +/- 1.8%. The poll is roughly in line with other recent surveys that have shown Amendment 2 polling in the 50s.
Last Wednesday, the Guam Election Commission moved to end legal challenges to the medical marijuana initiative vote. The commission has asked the US District Court on the island territory to dismiss the petition for a writ blocking the vote filed by local attorney Howard Trapp. Trapp has argued that the legislature cannot send an initiative to the voters, but the Election Commission and the Guam Supreme Court have already rejected his claim.
Last Wednesday, more than 6,000 Illinoisans had applied for medical marijuana cards. The Department of Health reported that some 6,300 state residents have applied for permission to use medical marijuana, with cancer, fibromyalgia, multiple sclerosis, and spinal cord injuries being the most common health conditions mentioned. But the department also noted that the vast majority of applications were incomplete; only 800 have submitted complete applications, which include a doctor certification form and background check information. People whose applications are incomplete will be notified and then will have 21 days to complete them.
On Tuesday, patients protested over the slow pace of medical marijuana implementation. Several dozen patients and advocates rallied outside the Department of Public Health in Boston Tuesday to call on the department and the governor to get the state's medical marijuana program moving. Voters legalized medical marijuana nearly two years ago, but: "We have zero cannabis plants in the ground to serve the patients," said Mickey Martin, a medical marijuana activist. "It's unacceptable to make patients wait." The protestors are calling for the state to immediately open up the program, get dispensaries up and running, and ease restrictions on "hardship cultivation" so more patients can grow their own.[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.].
A pill-popping, prescription-forging North Carolina narc, a pair of lying New York City narcs, a crack-slinging Baltimore schools police officer, and a pot-growing California prison guard are among the corrupt cops in the news this week. Let's get to it:
[image:1 align:right]In Elizabethtown, Tennessee, a Carter County sheriff's jail guard was fired September 28 after he was caught bringing drugs and contraband into the jail. The sheriff didn't announce the firing until last week. Officer Kenneth Turner has yet to be charged in the case, but the state Bureau of Investigation is looking into it.
In New York City, two former Yonkers narcotics officers were arrested last Wednesday for lying about drug activity in order to obtain search warrants. Former narcs Neil Vera and Christian Koch are accused of lying to a Yonkers City Court judge to convince him to sign a search warrant in a drug raid that resulted in a man's death. Dario Tena fell to his death from a window during the raid. The two former officers pleaded not guilty to one count of felony perjury.
In Sacramento, a California state prison guard was arrested last Wednesday when an investigation into gang activity resulted in the seizure of 617 marijuana plants. Guard Eddie Lay, 32, is charged with cultivation of marijuana for sale. Four others were also arrested, and police seized guns, 248 pounds of packaged pot, and more than $5,000 in cash in addition to the plants.
In Houston, a former Houston police officer pleaded guilty last Thursday to playing a role in a drug conspiracy. Marcos Carrion admitted to providing security for a drug deal involving 10 kilograms of cocaine in exchange for $2,500. He also admitted agreeing to provide security for future dope deals. He copped to one count of conspiracy to possess with the intent to distribute five or more kilos of cocaine and is looking at a mandatory minimum of 10 years in prison.
In Baltimore, a former Baltimore school police officer was sentenced last Friday to two years in federal prison for dealing in cocaine. Napoleon McLain, 31, had pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine base. He admitted buying various ounces of cocaine base and reselling them to others between December 2012 and August 2013.
In Wilmington, North Carolina, a former New Hanover County sheriff's narcotics lieutenant was sentenced Monday to seven years in state prison for stealing evidence and forging court orders to obtain prescription medications. Joseph Antoine LeBlanc, 42, had pleaded guilty to a hundred felony charges including four counts of embezzlement; four counts of obstruction of justice; four counts of altering, destroying or stealing criminal evidence; four counts of obtaining property by false pretense; 28 counts of uttering forged papers; 28 counts of forgery; and 28 counts of obtaining a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. Another 40 counts of trafficking opium or heroin and 21 counts of possession of a controlled substance were dismissed. LeBlanc admitted forging the names of local judges and assistant DAs to obtain the prescriptions.