Asset Forfeiture (STDW)

Missouri Cops are Diverting School Funding and Making a Joke of State Law

Wed, 05/23/2018 - 20:44

Responding to myriad tales of abuses, like many other states, Missouri has reformed its asset forfeiture laws to require a criminal conviction before cash or property is seized and, in a bid to prevent "policing for profit," to require that money seized by state law enforcement agencies goes solely to the state's schools.

[image:1 align:right caption:true]Somebody needs to tell the cops. As Kansas City TV station KMBC reported, state and local law enforcement agencies seized more than $19 million in the past three years, but only some $340,000 has actually made it to the schools. That's a measly 2% of the cash seized.

That's because police, with the help of the Trump Justice Department, are doing an end run around the state law. Under the Justice Department's Equitable Sharing Program, which was suspended late in the Obama administration but reinstated last year by Attorney General Jeff Sessions, state and local law enforcement agencies can hand their cash-laden cases over to federal prosecutors instead of turning them in to local district attorneys. And when they do, the reporting agency gets to keep 80% of the seized cash, with the Justice Department getting the rest.

The scheme not only subverts state law by diverting much-needed funding for schools to police agencies, but also by allowing state and local cops to seize cash and goods under the federal law, which does not require a criminal conviction first. In this manner, Missouri's cops are not only ripping off the schools, they are also giving a big middle finger to the state's democratically elected representatives who passed the asset forfeiture reform law.

The cops like things just as they are.

"We can immediately put that back in our tool belt if you will," said Major Derek McCollum, the head of the Kansas City Police Department's Asset Forfeiture Squad. The money buys "computer type equipment, covert surveillance type equipment," McCollum told KMBC, adding that he didn't feel like law enforcement was taking money from the schools.

The Missouri School Board Association begs to differ.

"Absolutely, the constitution says it is," said association attorney Susan Goldammer of the forfeiture money. "We still have school districts that don't have air conditioning or have concerns about asbestos. We've got many, many school buildings in the state that are way more than 100 years old," she added.

Instead of turning forfeitures over to the state's school system, the state Highway Patrol spent $70,000 on new weapons. And in Phelps County, which sits astride the east-west throughway Interstate 44 and which profited the most from asset forfeiture, the sheriff spends the money on the department's buildings -- not school buildings.

State Rep. Shamed Dogan (R-St. Louis) is working on a partial fix. He has authored House Bill 1501, under which only cases involving more than $50,000 could be handed over to the feds. (He had originally pegged the figure at $100,000, but has now halved it after "pushback from law enforcement.")

Dogan told KMBC that cases over $50,000 account for about 20% of asset forfeiture cases statewide and that he believes many smaller seizures are from innocent victims or involve rights violations.

"We can eliminate that incentive for them to just take money or take property," Dogan said. "The government seizes their money and says, "we think you're a suspected drug dealer. The government never produces any drugs, never charges you with a crime and then you have to spend more than they've actually seized trying to get your property back. That's unfair."

The $100,000 version of Dogan's bill is currently stalled in the legislature. Facing law enforcement opposition, the House Crime Prevention and Public Safety Committee voted in February to postpone action on it, and the bill has no hearings scheduled and is not on the House calendar.

Perhaps he can get the $50,000 version moving. In the meantime, Missouri's cops continue to perversely profit from prohibition, while the state's schools are out of luck.

Categories: Asset Forfeiture

Chronicle AM: New York Pot Politics, MO Cops Diverting School Funds, UK Pill Testing, More... (5/15/18)

Tue, 05/15/2018 - 20:06

Marijuana policy is front and center in New York, Missouri cops are doing an end run around a state law requiring seized cash go the the state's schools, Britain sees its first permanent pill testing center for recreational drug users, and more.

[image:1 align:right caption:true]Marijuana Policy

New York Democratic Party About to Endorse Marijuana Legalization. The state Democratic Party is expected to pass a resolution in support of marijuana legalization at its convention next week, a party document says. The move comes as Gov. Andrew Cuomo (D) faces a primary challenge from actress Cynthia Nixon, who has embraced legalization.

New York Governor Says Marijuana Legalization Report Coming Any Day Now. A long-awaited report on the impact of marijuana legalization in other states and how New York might be effected will be released "within days," Gov. Andrew Cuomo (D) said Monday. "That report should be done shortly," Cuomo said. "How do you define shortly? It is supposed to be done by calendar, it should be done within days." Cuomo had opposed legalization, but has lately been shifting his ground. "To say well, it won't be in New York I think is to avoid reality at that point," Cuomo added. "The facts changed on this issue and the facts changed quickly."

New York City Mayor Says NYPD Will Change How It Enforces Marijuana Laws. Two days after the New York Times reported on continuing vast racial disparities in marijuana arrests in the city, Mayor Bill de Blasio announced Tuesday that the NYPD will be changing how it enforces the pot laws. "The NYPD will overhaul and reform its policies related to marijuana enforcement in the next 30 days," de Blasio said. "We must and we will end unnecessary arrests and end disparity in enforcement. It's time for those to be a thing of the past in New York City and all over this country.

Medical Marijuana

Pennsylvania Governor Okays University Research on Medical Marijuana. Gov. Tom Wolf (D) has given the go-ahead for eight universities in the state to start studying medical marijuana. It would be the commonwealth's "first step towards clinical research" on the drug. He formally declared them to be "Certified Academic Clinical Research Centers."

Asset Forfeiture

Missouri Cops Steal Money From School Kids. Under state law, money seized as asset forfeitures by police is supposed to go to the state's schools, but that's not what's happening. Missouri law enforcement agencies seized more than $19 million in the last three years, but only $340,000, or about 2%, actually made it to schools. That's because law enforcement agencies instead turn asset forfeiture cases to the federal government under an arrangement that allows 80% of the seizure to go back to the seizing law enforcement agency. A bill to limit the practice was defeated last year, but is back again this year.

International

Britain Sees First Pill Testing Center. The first pill testing center for recreational drug users in Britain has opened in Bristol. Pill testing has gone on at a number of British music festivals, but the new pop-up lab is the first permanent installation. It will be run by a charity, which will also provide drug counseling sessions.

Georgian Government Promises New Drug Policy by June. In the wake of a weekend of drug busts and mass demonstrations against them, Parliament Speaker Irakli Kobakhidze said Monday the government will adopt a new, more liberal drug policy by the end of June. He said the ruling Georgian Dream Party was split on the issue, but added that he thought an agreement could be reached. "Even though there are different positions in the ruling party, we also have the resources to achieve an agreement. We want to draft a bill and submit it in the next two weeks, which will be a precondition for adopting a law by the end of June," he said, adding the main aim of the draft is to reduce drug consumption in the country and adoption of a more humane policy.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays 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.)

Categories: Asset Forfeiture

Chronicle AM:Mitch McConnell Files Hemp Bill, Mexico Minister Says Legalize It, More... (4/13/18)

Fri, 04/13/2018 - 18:19

A pair of senators demand that Jeff Sessions quit blocking marijuana research, Mitch McConnell files a federal hemp bill, Mexico's tourism minister says his country should allow states to legalize weed, and more.

[image:1 align:left caption:true]Medical Marijuana

Bipartisan Pair of Senators Call on Sessions to Stop Blocking Marijuana Research. Sens. Kamala Harris (D-CA) and Orrin Hatch (R-UT) sent a letter Thursday to Attorney General Jeff Sessions to demand that he stop blocking efforts to ramp up research on marijuana's medical benefits. "The benefits of research are unquestionable," Sens. Orrin Hatch (R-UT) and Kamala Harris (D-CA) wrote, taking Sessions to task for blocking applications for new research grows. "Nineteen months have elapsed since the DEA announced its request for expanded marijuana research," they noted, demanding that Sessions respond by May 15 about the status of the research application reviews.

Louisiana House Approves Expansion of Medical Marijuana Program. The House on Thursday approved House Bill 579, which expands the list of qualifying conditions to include Parkinson's Disease, chronic pain, severe muscle spasms, and PTSD. That means the number of qualifying conditions would rise from 10 to 14. The bill now goes to the Senate.

Hemp

Mitch McConnell Files Federal Hemp Bill. Senate Majority Leader Mitch McConnell (R-KY) has filed Senate Bill 2667, which aims to allow for domestic hemp production by removing non-psychoactive marijuana varieties known as hemp from the Controlled Substance Act. Cosponsoring the bill are Sens. Ron Wyden (D-OR) and Jeff Merkley (D-OR). Companion legislation in the House was filed by McConnell's home state homeboy Rep. Jim Comer (R-KY).

Heroin and Prescription Opioids

Making Opioids Tougher to Abuse Led to Spike in Heroin Deaths, Study Finds. A new working paper from the National Bureau of Economic Research finds that a 2010 effort to deter opioid abuse led to a jump in heroin overdoses. The paper studied what happened after OxyContin was reformulated to be more abuse-resistant and found that "each prevented opioid death was replaced with a heroin death."

Law Enforcement

DEA Gouged Taxpayers, Benefited Ex-Employees, Audit Finds. A report from the Justice Department's Office of the Inspector General has found that the DEA's Asset Forfeiture Program farmed out contracts to recently retired former employees, paying them more than half a million dollars more than they would have been paid if they had remained at the agency. The former employees worked for a private contractor called Maximus Inc., which was paid $85 million between 2013 and 2017 to handle asset forfeiture cases. Many of the ex-employees went to the same offices they had worked at as DEA employees, and former DEA employees accounted for 40% of Maximus's asset forfeiture workforce.

International

Mexico Tourism Minister Says Country Should Let States Begin to Legalize Weed. Tourism Minister Enrique de la Madrid said Wednesday that Mexico should allow states to begin legalizing marijuana, in part to address record cartel violence. "I think in Mexico we should move towards regulating it at state level," he said, calling it "illogical" to divert funds from fighting kidnapping, rape and murder to arrest people using marijuana.

Categories: Asset Forfeiture

Chronicle AM: DEA Seized $3.2 Billion from People Never Charged With a Crime, More... (4/11/18)

Wed, 04/11/2018 - 19:26

Maine moves a step closer to implementing legal pot sales, the Mormon Church takes a stand against a medical marijuana initiative, the DEA has seized tons of money from people it never charged with a crime, and more.

[image:1 align:left caption:true]Marijuana Policy

Maine House Approves New Compromise on Legal Pot Sales. The House voted Tuesday to approve a measure designed to get the state's legal pot sales system up and running, and it did so with a veto-proof majority. Under the compromise legislation, the number of plants that individuals could grow at home would drop from six to three, there would be a 10% sales tax on legal weed, and there would be a $335 per pound tax imposed on growing facilities. The bill is expected to be on the Senate calendar today. An earlier effort to legislate implementation of the voter-approved 2016 law was vetoed by Gov. Paul Le Page.

Tennessee Poll Has Surprising Support for Marijuana. More than eight out of 10 Tennesseans believe marijuana should be legal in some form, a new Middle Tennessee State University poll finds. Some 44% said marijuana should be legal for medicinal use only, while another 37% said it should be legal for personal use. A medical marijuana bill was withdrawn earlier this month after its sponsor said it lacked the support to pass in the legislature.

Medical Marijuana

Utah Medical Marijuana Initiative Officially Opposed by Mormon Church. The Church of Jesus Christ of Latter-day Saints' First Presidency issued a statement Tuesday opposing the medical marijuana initiative, which is still in the signature gathering phase: "We commend the Utah Medical Association for its statement of March 30, 2018, cautioning that the proposed Utah marijuana initiative would compromise the health and safety of Utah communities. We respect the wise counsel of the medical doctors of Utah," the statement reads. "The public interest is best served when all new drugs designed to relieve suffering and illness, and the procedures by which they are made available to the public, undergo the scrutiny of medical scientists and official approval bodies."

Asset Forfeiture

DEA Has Taken More Than $3 Billion from People Never Charged With a Crime. A March report from the Justice Department's Office of the Inspector General finds that the DEA has seized more than $4 billion from drug suspects since 2007 --but that four out of five of the seizures were done administratively and did not lead to either civil or criminal charges. That means the DEA seized about $3.2 billion from people never charged with a crime. The report also scolded DEA, noting that it "does not collect or evaluate the data necessary to know whether its seizures and forfeitures are effective, or the extent to which seizures present potential risks to civil liberties." Also, the report warned: "When seizure and administrative forfeitures do not ultimately advance an investigation or prosecution, law enforcement creates the appearance, and risks the reality, that it is more interested in seizing and forfeiting cash than advancing an investigation or prosecution."

International

Colombia Arrests FARC Peace Negotiator on Drug Charges. Colombian federal police agents arrested one of the former rebel group's peace negotiators on Monday, sparking an angry reaction from the FARC. Seuxis Paucis Hernández Solarte, alias "Jesús Santrich," and three others face extradition to the U.S. on charges they conspired to import cocaine. The FARC, which has now transformed itself into a political party -- the Common Alternative Revolutionary Force (FARC, in its Spanish acronym) -- called the arrest "the worst moment" of the peace process. "This is a very delicate and dangerous situation. This, yet again, underscores what we have been complaining about in relation to the legal insecurity and lack of guarantees that we have as members of the FARC political party," former FARC commander Victoria Sandino said in a statement. "This is sabotage and an obstacle for those that have committed wholeheartedly to this process, starting with one of the main negotiators and signatory of the peace accord."

Hondurans Seize Second Coca Plantation, Raising Fears Cocaine Production is Shifting North. Last weekend, Honduran police seized a 70 acre coca plantation, the second one found in the country. Honduran authorities speculated that drug trafficking groups are experimenting with growing there in order to save on smuggling costs from South America. The country has long been a key transit point for cocaine headed north; now it could become a producer, too.

Categories: Asset Forfeiture

Chronicle AM: MD MedMJ Bill Passes, Israeli MedMJ Sales to Begin on 4/20, More... (4/10/18)

Tue, 04/10/2018 - 19:08

New Mexico's largest city ends civil asset forfeiture, a Maryland medical marijuana expansion bill has passed the legislature, select Israeli pharmacies will soon begin selling medical marijuana products, and more.

[image:1 align:right]Medical Marijuana

Maryland Legislature Passes Medical Marijuana Expansion Bill. The Senate on Monday gave final approval to a bill that would increase the number of licenses for medical marijuana growers from 15 to 20 and the number of licenses for processors from 15 to 25 -- largely in a bid to increase minority business ownership in the industry. None of the companies licensed so far has a black owner. House Bill 0002 has already passed the House and goes now to the desk of Gov. Larry Hogan (R).

Asset Forfeiture

Albuquerque to End the City's Civil Asset Forfeiture Program. New Mexico's largest city will quit seizing people's property unless there is a criminal conviction first. This decision brings the City in compliance with New Mexico state law and comes on the heels of a decision by a US District Court Judge James Browning that said that "the city's ordinance violated federal due process protections and the 2015 state law which said governments can't seize a person's property unless there is a criminal conviction in the case." The state passed asset forfeiture reform in 2015, but the city of Albuquerque refused to obey the state law -- until now.

International

Canadian Conservative Senators Want to Kill Home Cultivation. As a vote looms in the Senate on the Liberals' marijuana legalization bill, some Conservative senators are talking about filing an amendment to ban home cultivation, as well as other nibbling at the edges of the bill. "Senate Conservative Caucus will be looking at making recommendations on various legislative voids, including: driving under the influence; public consumption; home grow; outdoor grow; detection of high concentration of marijuana; border crossing …," wrote Sen. Larry Smith. Any amendments from the Tories would need support from independent counterparts to pass any amendments. The Senate currently has 12 Liberals, 43 independents, 33 Conservatives and five nonaffiliated members. The vote on the legalization bill is set for June 7.

Israeli Pharmacies to Begin Selling Medical Marijuana Products on 4/20. Surely it's just a coincidence, but select Israeli pharmacies will begin selling prescription medical marijuana products beginning April 20. Some 20 pharmacies will participate in the pilot program for regulated medical marijuana sales. The move is the result of marijuana reforms led by the Ministry of Health and approved by the government in 2016.

Categories: Asset Forfeiture

Chronicle AM: AZ Bill Would Speed Adoption of Drug-Exposed Babies, CT Pot Bill Advances, More... (4/5/18)

Thu, 04/05/2018 - 20:37

A Connecticut legalization bill advances, Michigan GOP lawmakers are worried a legalization initiative there will drive turnout and drive them from office, Tennessee lawmakers pass a bill to end civil asset forfeiture, and more.

[image:1 align:left caption:true]Marijuana Policy

Connecticut Legalization Bill Advances in Historic Committee Vote. For the first time, a marijuana legalization bill has won a committee vote in Hartford. The Assembly Appropriations Committee voted 27-24 Thursday to approve House Bill 5394, which calls for a developing a plan for legalization and regulation of sales, along with funding for drug prevention and treatment programs. The bill will now go before the full General Assembly.

Michigan's Looming Initiative Prompts GOP Lawmakers to Ponder Passing Preemptive Legalization Bill. There is a specter haunting the state's Republican lawmakers: The fear that a legalization initiative likely to appear on the ballot will encourage voter turnout and depress their chances of retaining control of the legislature. So now, GOP lawmakers are muttering about the possibility of approving marijuana legalization before the November election to thwart that possibility. Stay tuned.

Oregon County Sues State to Invalidate Legalization Law. Josephine County filed a lawsuit in US district court in Medford Tuesday challenging the state's marijuana legalization laws. The county seeks to invalidate the laws on the grounds they conflict with strict federal drug laws.

Medical Marijuana

Missouri Medical Marijuana Bill Killed in Committee. The Legislative Oversight Committee voted Wednesday to kill a medical marijuana bill, House Bill 1554. The bill would only have allowed some people suffering from terminal illnesses to use medical marijuana, but even that was too much for the committee. Show Me State residents will likely be able to vote directly on medical marijuana come November; a medical marijuana initiative campaign is now in the final stages of signature gathering and should qualify for the ballot.

Asset Forfeiture

Tennessee Legislature Passes Bill to End Civil Asset Forfeiture. The House on Wednesday and the Senate on Thursday have approved an asset forfeiture reform bill, Senate Bill 316. The bill ends civil asset forfeiture, requires "clear and convincing evidence" the asset is linked to a crime, and provides that all forfeited goods go into the state general fund. The bill now goes to the governor's desk.

Families

Arizona Legislature Passes Bill to Cut Off Parental Rights for Drug-Exposed Babies After One Year. The legislature has approved Senate Bill 1473, which would allow babies born exposed to drugs and whose parents have substance abuse problems to be put up for adoption by the first birthday. The bill would also let courts consider foster parents who have cared for an infant or toddler for at least nine months as equal to the child's family members when deciding who gets custody. Current law only allows adoption to take place after they are two years old. The bill is now on the desk of Gov. Doug Ducey (R).

International

France Apologizes to Italy Over Migrant Drug Test Incident. France apologized to Italy Wednesday after French border patrol agents used a train station in an Italian border town to conduct a drug test on a Nigerian immigrant. "I'm sorry for the misunderstanding," France's Budget Minister Gérald Darmanin, who is also responsible for customs, said in an interview with the Italian daily Corriere della Sera. "It was an unfortunate incident, which arose over a misunderstanding between French customs and Italian railways about the use of a facility located at Bardonecchia railway station."

Categories: Asset Forfeiture

Chronicle AM: NJ Opioid Fight Plan, WI Forfeiture Bill Signed, NJ Pot Poll, More... (4/4/18)

Wed, 04/04/2018 - 19:30

Alaska regulators return to the issue of social use, a Tennessee medical marijuana bill dies, New Jersey's governor outlines a plan to fight opioid abuse, and more.

[image:1 align:right caption:true]Marijuana Policy

Alaska Regulators Take Up Social Clubs Again. The state's Marijuana Control Board will be meeting the rest of this week to discuss whether to allow on-site marijuana use at authorized retail stores. The board adopted rules in 2015 to allow for such use, but never finalized them. Under the current proposal, use could only take place in a designated area of the store, and people could only use marijuana purchased at the store.

New Jersey Poll Shows Residents Evenly Split on Legalization. A new poll from the Stockton Polling Institute of the William J. Hughes Center for Public Policy has Garden Staters split nearly down the middle on pot legalization. The poll had 49% in favor, with 44% opposed. The poll also found that one out of four respondents would try the herb if it were legal, or continue to use it if they currently do.

Medical Marijuana

Tennessee Medical Marijuana Bill Dies. The sponsor of a medical marijuana bill has pulled it, saying he didn't have the support to move it in the Senate. Senate Bill 1710 sponsor Sen. Steve Dickerson (R-Nashville) was blunt: "Unfortunately, I do not have the votes." A companion measure is still alive in the House, but there will be no medical marijuana in the Volunteer State this year.

Heroin and Prescription Opioids

New Jersey Governor Outlines Plan to Fight Opioids. Gov. Phil Murphy (D) announced a plan to spend $100 million on a range of anti-addiction programs, including new funding for community-based treatment providers, as well as more housing and job training for residents with -- or without -- drug dependency problems. In terms of dollars, the proposal includes $56 million for front-line prevention, treatment and recovery programs; $31 million for job training and to address social risk factors like homelessness; and $13 million to improve data collection and other state infrastructure.

Asset Forfeiture

Wisconsin Governor Signs Asset Forfeiture Reform Bill into Law. Gov. Scott Walker on Wednesday signed into law Senate Bill 61, which does not end civil asset forfeiture, but puts limits on how long police can hold property before someone is charged and reduce the amount of money police can keep when they sell seized property.

Categories: Asset Forfeiture

Chronicle AM: Decrim Vote in Albuquerque, Bad "Fake Weed" in Illinois, More... (4/3/18)

Tue, 04/03/2018 - 20:32

A legalization bill fails in Arizona, another one sputters in Connecticut, a bad batch of synthetic cannabinoids is wreaking havoc in Illinois, and more.

[image:1 align:right caption:true]Marijuana Policy

Arizona Legalization Fails Dies in Statehouse. There will be no legalization via the legislature in Phoenix this year after lawmakers refused to act on a measure that would have put the issue before the voters. HCR 2037 had been assigned to three different committees, but never got any action in any of them. Sponsors Reps. Todd Clodfelter (R-Phoenix) and Mark Cardenas (D-Phoenix) vow to try again next year.

Connecticut Legalization Bill Gets Committee Hearing. The House Finance, Revenue and Bonding Committee held a hearing on a legalization bill, House Bill 5582, on Monday, making it the fourth committee to hold a hearing on marijuana legalization this session. But the bill is unlikely to pass this year since one committee has already rejected it and another will not be voting on whether to advance it. At the hearing, the Office of Fiscal Analysis reported that the state could expect tax revenues from pot at between $30 million and $63 million, depending on the tax model used.

Albuquerque City Council Votes to Decriminalize Marijuana Possession. City council members voted Monday night on a party line vote to decriminalize the possession of up to an ounce of marijuana. Offenders would be hit with a $25 fine on a first offense. A similar measure passed in 2015, only to be vetoed by the mayor. But now there's a new mayor, so stay tuned.

New Psychoactive Substances

Illinois Sees Bad Synthetic Cannabinoids Kill Two, Leave Dozens Bleeding. Synthetic cannabinoids apparently cut with rat poison have killed two people in Illinois and left 56 others experiencing severe bleeding. The bad dope has shown up in Chicago and the central part of the state, the Department of Public Health said Monday.

Asset Forfeiture

Kansas Governor Signs Minor Asset Forfeiture Reform Bill. Gov. Jeff Colyer (R) has signed into law House Bill 2459, which would make small reforms in the state's civil asset forfeiture law. Under the bill, police who seize property will have to report on what they took and how they used the seized property.

Categories: Asset Forfeiture