Skip to Content

Mandatory Minimum Sentencing (STDW)

Chronicle AM: DEA Settles Facebook Suit, WY Decrim Bill Advances, More (1/21/15)

Wed, 01/21/2015 - 21:17

The DEA will pay for using a woman's identity (and photos) to make a fake Facebook page, a Wyoming decrim bill is moving, Virginia is seeing CBD and medical marijuana bills, there's a hemp bill in Florida, the Vera Institute releases a report on New York sentencing reforms, and more. Let's get to it:

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

Wyoming Decriminalization Bill Wins Committee Vote. The House Judiciary Committee has approved House Bill 29, which would decriminalize the possession of up to an ounce of pot. Fines would be $250 for less than a half ounce and $500 for more. The bill now awaits a House floor vote.

Medical Marijuana

Kettle Falls Five Defendant Seeks Dismissal in Federal Medical Marijuana Case. The widely watched case out of Washington state has been proceeding despite passage of the "cromnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."

Hawaii Health Department Takes Charges of Medical Marijuana Program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.

Virginia Legislature Sees CBD, Medical Marijuana Bills. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.

Washington State Law Banning Medical Marijuana Advertising Unconstitutional, Court Rules. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.

Hemp

Florida Hemp Bill Filed. Rep. Michelle Rehwinkel-Vasalinda (D-Tallahassee) has introduced a bill that would legalize hemp production in the state. The bill is House Bill 363. Activists with the Florida Cannabis Action Network (CAN) are seeking a Senate sponsor.

Sentencing

Vera Institute of Justice Report on New York Sentencing Reforms. The report examines 2009 reforms to the Rockefeller drug laws that removed mandatory minimums for some drug offenses and expanded eligibility for treatment instead of incarceration. The report found a 35% percent increase in the rate of diversion to treatment; lower rates of re-arrest in such cases; which was associated with lower rates of rearrest, and fewer defendants sentenced to jail, time served, or "split sentence" -- a combination of jail and probation. However, most drug arrests still did not lead to diversion, and implementation varied widely across boroughs.

Law Enforcement

DEA Will Pay $134,000 to Woman It Used in Fake Facebook Page. The Justice Department has settled a civil suit brought against the DEA by a Watertown, New York, woman whose identity and photos were used by a DEA agent to create a fake Facebook page in her name to catch drug fugitives. Sondra Arquiett's phone had by seized by the Agenty Tim Sinnigen during a 2010 drug arrest, and the agent posed as her on Facebook without her consent. "The photographs used by Sinnigen included revealing and/or suggestive photographs of (Arquiett), including photographs of (her) in her bra and panties. Sinnigen also posted photographs of (Arquiett's) minor child and her minor niece to the Facebook page." The Justice Department will pay $134,000 to make this go away.

International

Vietnam Sentences Eight to Death for Heroin Trafficking. Eight people have been sentenced to die for trafficking 416 pounds of heroin in Vietnam. The trial in People's Court in Ho Binh province ended Monday. Six other defendants were sentenced to life in prison, and 17 others jailed for terms ranging from six to 20 years. Vietnam has some of the world's toughest drug laws.

Stratfor's Mexico Cartel Map. The private, Austin-based intelligence concern has released its latest map of Mexican cartel activity. Despite constant changes in the organized crime scene, Stratfor says, cartel activity remains based in three geographic locations: Sinaloa, Tamaulipas, and the Tierra Caliente in Michoacan and Guerrero. Click on the link for more.

Categories: Mandatory Minimums

Chronicle AM: CA Tribe Will Grow Pot, Call for Asset Forfeiture Reform, KY Heroin Bill Moves, More (1/12/15)

Mon, 01/12/2015 - 22:04

A California tribe looks to be the first to grow marijuana, DC councilmembers move ahead with plans to tax and regulate pot, key congressional committee chairs call for asset forfeiture reform, an omnibus heroin bill is on the move in Kentucky, and more. Let's get to it:

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

Milwaukee Aldermen Want to Make Pot Ticket A $5 Fine or Less. If you get caught with marijuana in Milwaukee right now, you face a fine of between $250 and $500 -- and a trip to jail if you don't pay the fine. Two Aldermen think that's too much. Nik Kovac and Ashanti Hamilton are proposing lowering the fine to $5 or less. "We are effectively trying to eliminate any of these tickets," Kovac said, citing racial disparities in marijuana arrests. Although the city's black and white populations are roughly equal, five times as many black people were arrested for possession of marijuana last year as white people.

Half of Michiganders Support Marijuana Legalization. Michigan is evenly divided on marijuana legalization, with 50% saying they would support an initiative allowing possession by adults and taxable sales at state-regulated stores, and 46% saying they opposed such an idea. The figures come from a new poll conducted by EPIC-MRA of Lansing. A similar poll last year had support at 47%. The trend is upward, but the numbers aren't high enough to excite deep-pocketed potential initiative backers; the conventional wisdom is that initiatives should be polling at 60% or more when the campaign begins.

DC Councilmembers File Bill to Tax and Regulate Marijuana. In a pointed message to the Congress, DC councilmembers last week introduced a bill that would tax and regulate marijuana sales in the nation's capital. The move comes despite passage of a federal spending bill that included an amendment barring the District from spending local or federal funds to implement such a law. Councilmember David Grosso and three colleagues have introduced the Marijuana Legalization and Regulation Act of 2015 (B21-0023), which would create a framework for a legal marijuana industry, complete with licensed cultivators, product manufacturers, retail stores, and testing labs.

Washington State Legislators Face Plethora of Pot Bills. Voting to legalize marijuana in 2012 was not the end for marijuana policy at the state legislature, but a new beginning. This week, at least seven marijuana-related bills have been filed as the session gets underway. A pair of bills seeks to resolve the problems with the fit between recreational and medical marijuana, another bill would raise the excise tax, yet another addresses organ transplant eligibility, while another would bar open containers in moving vehicles. Click on the link for more details and all the bill numbers.

A Second Ohio Legalization Initiative Campaign Emerges. Ohioans to End Prohibition has become the second group to plan a 2016 legalization initiative in the Buckeye State. The group is finalizing language for its Cannabis Control Amendment within the next few weeks. Already out of the gate is Responsible Ohio, whose End Ohio Cannabis Prohibition Act (EOCPA) would set up 10 authorized marijuana growing locations around the state.

Northern California Tribe Could Be First to Grow Pot. The Pinoleville Pomo Nation in Mendocino County, California, said last Thursday it had signed a contract to grow thousands of marijuana plants on its 99-acre rancheria (reservation) north of Ukiah. The Justice Department recently gave the okay for marijuana operations on tribal lands, and it looks like the Pomos are first off the blocks.

Medical Marijuana

Florida Medical Marijuana Initiative is Back. Proponents of last year's failed medical marijuana initiative have filed a rewritten ballot measure aimed at 2016. "The language and the essence of the amendment is essentially the same," said John Morgan, the Orlando attorney who chairs People United for Medical Marijuana, and the chief financer of the legalization drive. "What I would say is that we have tweaked or clarified positions that were constantly brought up by our opposition to help us talk more freely about the real issue, which is the legalization of medical marijuana."

Poll Finds Georgians Back Allowing CBD Cannabis Oil. Some 84% of Georgians support the legalization of low-THC, high-CBD cannabis oils to treat medical conditions, according to a new Atlanta Journal-Constitution poll. The poll also found that when it came to legalizing marijuana for recreational use, Georgians were split almost evenly, with 49% saying legalize it and 48% saying don't.

Heroin

Kentucky Omnibus Heroin Bill Passes Senate. A multi-pronged bill designed to address the state's heroin problem passed the Senate in three days. The measure would increase treatment, prevention, and overdose prevention measures, but would also increase penalties for some heroin offenses. Democrats in the House said they will pass a similar measure, but probably without the mandatory minimum prison sentences approved in the Senate version.

International

Geneva Wants to Legalize the Marijuana Business. A year after Switzerland decriminalized pot possession, the canton on Geneva is thinking about legalizing the pot trade in a bid to undermine the black market. The canton's multi-party Advisory Commission on Addiction has urged the regional government to seek federal government approval of a pilot legalization program. The commission is recommending something akin to the Spanish model, where home cultivation is tolerated and private cannabis clubs offer smoking space and weed for sale to members.

Brazil Justice Minister Says No Marijuana Legalization. Justice Minister Jose Eduardo Cardozo said Sunday that Brazil has no intention of following neighboring Uruguay down the path of pot legalization. "Legalization of drugs is not a part of the government's plans," he said. While reform advocates have cited prison overcrowding as a reason to legalize pot, Cardozo said the answer to overcrowding is not to stop arresting marijuana offenders, but to build more prisons.

Chile Authorizes Second Medical Marijuana Grow. Government officials have given the okay to a Chilean concern to grow a medical marijuana crop, the second time such a crop has been approved in the country. Agrofuturo will begin industrial production at its facility in the city of Los Angeles, south of Santiago. In September, the government granted approval to the Daya Foundation to grow the country's -- and the continent's -- first legal medical marijuana crop.

Categories: Mandatory Minimums

The Year's Top 10 Domestic Drug Policy Stories [FEATURE]

Wed, 12/24/2014 - 17:51

Whew, what a year! Two more states legalize it -- and DC, too -- decriminalization spreads, and more. But it wasn't all good news. Here's our Top 10:

[image:1 align:left]1. Marijuana Legalization Wins at the Polls in Alaska, Oregon, and DC. In an Election Day clean sweep, voters in Alaska, Oregon, and Washington, DC, delivered a marijuana legalization trifecta. Legalization won with 53% of the vote in Alaska, 55% in Oregon, and a whopping 69% in Washington, DC, the highest percentage vote for legalization ever recorded. With victory in Oregon this year, every state that has had the chance to vote for legalization since 2012 has now done so.

2. The Sky Hasn't Fallen in Colorado and Washington. It's now been two years since the first two states to legalize marijuana did so, and the predicted horrible consequences have not materialized. While possession became legal almost immediately, legal sales commenced in January in Colorado and in July in Washington. Teen pot smoking declined this year, according to the annual Monitoring the Future survey, and Colorado teens in particular were consuming less weed, according to the state Department of Public Health and Environment. Neither have traffic fatalities increased, according to The Washington Post. Nor has crime increased. What has increased is state revenues from the taxation of marijuana, from zero before legalization to tens of millions of dollars annually now.

3. Big Eastern Cities Decriminalize Pot Possession. The city councils in Philadelphia and Washington, DC, this year approved the decriminalization of small-time pot possession. Although New York state decriminalized in 1978, New York City had been the marijuana arrest capital of the world, thanks to NYPD's habit of stopping people, telling them to empty their pockets, and then charging them with the misdemeanor office of public possession instead of the civil infraction. Now, thanks to Mayor Bill de Blasio, New York cops can't do that anymore. And let's not forget Baltimore; the state of Maryland decriminalized this year, too.

[image:2 align:right caption:true]4. The Death of Phillip Seymour Hoffman Crystallizes Rising Concerns About Heroin and Prescription Opiates. The February overdose death of the acclaimed actor turned a glaring spotlight on the issues of heroin and prescription pain pill addiction and overdoses. Ever since, government at the federal, state, and local level has been moved by the urge to "Do something!" And it has -- with responses covering the gamut from harm reduction measures like 911 Good Samaritan laws and increased access to overdose reversal drugs to calls for more drug treatment to more-of-the-same drug war approaches and calls for more money for law enforcement.

5. California Defelonizes Drug Possession. With one fell swoop, California voters struck a big blow against mass incarceration when they approved Proposition 47 in November. The initiative makes drug possession and five other low-level, nonviolent offenses misdemeanors instead of felonies. It becomes the 14th state to do so, and by far the largest.

6. Congress Tells the Justice Department to Butt Out of Medical Marijuana States. In passing the omnibus spending bill last week, Congress approved an historic amendment barring the Justice Department from spending taxpayer funds to go after medical marijuana in states where it is legal. Passage does not promise an end to all federal interference -- it doesn't address taxing issues, for instance -- and it is only for this fiscal year, but this is still a landmark vote.

[image:3 align:left caption:true]7. Floridians Vote for Medical Marijuana, But It Still Loses. Florida should have been the first Southern state to approve medical marijuana, and 57% of Florida voters agreed in November. But because the Florida initiative was a constitutional amendment, it needed 60% of the vote to pass. Even with that high bar, the initiative still could have passed, if not for some campaign gaffes. Some $5 million worth of contributions to the "no" side by conservative casino magnate Sheldon Adelson didn't help, either.

8. Medical Marijuana Lite. Maryland passed a medical marijuana law and Minnesota and New York passed limited medical marijuana laws, but this was the year of low-THC, high-CBD medical marijuana laws. Such measures passed in a number of states where full-blown medical marijuana hasn't, including Alabama, Kentucky, North Carolina, and Utah. They typically provide access to high-CBD cannabis oils to a limited number of patients.

9. The Obama Administration Moves to Reduce the Federal Drug War Prison Population. It didn't do it all by itself -- the US Sentencing Commission deserves recognition for proposing sentencing reforms -- but the president and Attorney General Eric Holder spoke our vigorously and repeatedly against mandatory minimums and over-incarceration. It wasn't just talk; the Justice Department instructed US Attorneys to find ways to reduce the use of mandatory minimum sentencing, and exhorted federal drug prisoners to seek clemency.

10. But The Drug War Juggernaut Continues to Roll. Despite all the good news this year, the reality is that we are still nibbling around the edges. While marijuana arrests the previous year were down to just under 700,000 (the historic high was 872,000 in 2008) and overall drug arrests declined by about 50,000, there were still 1.5 million people arrested on drug charges. And the number of people arrested for drugs other than marijuana actually increased.

Categories: Mandatory Minimums