Andean Drug War (STDW)

Chronicle AM: Trump Marijuana Plans, More Cases Thrown Out in MA Drug Lab Scandal, More... (10/12/18)

Fri, 10/12/2018 - 19:24

Rep. Dana Rohrabacher (R-CA) says the president will move on marijuana policy after the election, the Supreme Court will hear an important asset forfeiture case later this year, thousands more drug defendants will see drug charges dismissed in the Massachusetts drug lab scandal, and more.

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

Trump Plans To Back Legal Medical Marijuana After Midterms, GOP Congressman Says. In an interview with Fox Business on Thursday, Rep. Dana Rohrabacher (R-CA) said that he had been talking with people inside the White House about ending marijuana prohibition. Rohrabacher added that he's been "reassured that the president intends on keeping his campaign promise" to protect state marijuana policies from federal interference. He didn't point to any specific legislation but said details would begin to take shape after the election. "I would expect after the election we will sit down and we'll start hammering out something that is specific and real," he said. "It could be as early as spring of 2019, but definitely in the next legislative session," he said.

Asset Forfeiture

Supreme Court to Hear Asset Forfeiture Case Later This Year. The US Supreme Court is set to hear oral arguments in an important asset forfeiture case on November 28. The case is Timbs (and a 2012 Land Rover) v. Indiana, in which Tyson Timbs appeals the seizure of his vehicle after he was arrested for selling heroin to undercover police officers. Timbs bought the vehicle with proceeds from his late father's life insurance policy -- not drug profits -- and argues that seizing the vehicle amounts to a violation of the 8th Amendment's ban on excessive fines. A state appeals court had overturned the seizure, calling it "grossly disproportional," but the state Supreme Court vacated that decision on the grounds the ban on excessive fines does not apply to the states.

Criminal Justice

Massachusetts High Court Orders Dismissal of Thousands of Cases in Drug Lab Chemist Scandal. The state's Supreme Judicial Court on Thursday ordered the dismissal of thousands of additional drug convictions due to the misconduct of Amherst drug lab chemist Sonja Farak, some dating back as far as 2004. "We conclude that Farak's widespread evidence tampering has compromised the integrity of thousands of drug convictions apart from those the Commonwealth has agreed should be vacated and dismissed," wrote Justice Frank Gaziano in the court's 61-page unanimous decision. "Her misconduct, compounded by prosecutorial misconduct, requires that this court exercise its superintendence authority and vacate and dismiss all criminal convictions tainted by government wrongdoing." Farak has pleaded guilty to stealing drug samples to feed her addiction. State prosecutors had already agreed to dismiss some 8,000 cases. Now there will be thousands more, though an exact number is not immediately available.

International

Colombia Coca Farmers Protest Against Forced Crop Eradication. Coca-growing peasants set up roadblocks on Thursday to protest against the forced eradication of coca crops and fumigation measures. The farmers in several municipalities of Norte de Santander are demanding to be included in the program of crop substitution so they have an alternative to growing coca. Farmers in Cucuta and El Zulia blocked two main local highways. They are members of the National Coordination of Cultivators of Coca, Poppy and Marijuana and the Campesino Association of Catatumbo.

Categories: South America

Chronicle AM: Bad Drug Bill Dropped From Fed Opioid Package, Acapulco Cops Disarmed, More... (9/26/18)

Wed, 09/26/2018 - 20:55

A bad provision gets stripped out of the congressional opioid package, a Pennsylvania legislator files a legalization bill, Mexican Marines disarm Acapulco cops, and more.

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

Pennsylvania State Rep Files Bill to Legalize Marijuana. State Rep. Jake Wheatley (D-Allegheny) has introduced a bill to legalize marijuana for adults and expunge the records of people convicted of past pot-related crimes. "My bill would immediately release people jailed for crimes associated with cannabis," Wheatley said in a news release. "Those who have criminal histories related to cannabis would be expunged, and professional and driver's licenses that were revoked or suspended due to cannabis-related crimes would be reinstated. For far too long, the criminal justice system has unfairly punished Pennsylvanians, especially minorities, who are caught with cannabis." The bill also would create a system of taxed and regulated marijuana commerce. It's not yet available on the legislative website.

Drug Policy

Damaging Drug War Provision Excluded From Congressional Opioid Package. Late last night, the final text for the Congressional opioid package was released. SITSA, a sweeping bill expanding penalties on synthetic drugs and the broader war on drugs -- passed the House in July, and was expected to be included in the final bill. But a coalition of drug policy and criminal justice reform groups managed to push back against its inclusion, successfully keeping it out of the bill. "This is a huge win for public health over outdated drug war approaches," said Michael Collins of the Drug Policy Alliance's national office. "The bill would have expanded mass incarceration, while worsening the overdose crisis. It would have given Jeff Sessions unprecedented powers to schedule drugs and set draconian new criminal penalties. To pull this back from the brink after it easily passed the House only two months ago is a tremendous victory."

Pennsylvania Supreme Court to Decide Whether Maternal Drug Use Equals Child Abuse. The state's highest court on Tuesday began weighing whether women who abuse drugs during their pregnancies can be punished under state law as child abusers. The court has never addressed the matter, which is again igniting debate as the opioid crisis spawns a new generation of babies born dependent on their mothers' drugs. The justices heard oral arguments in the case of a woman who gave birth in January 2017 to a child who spent 19 days in the hospital being treated for drug withdrawal. The woman had tested positive for marijuana, opioids, and anxiety drugs. The child was taken into custody by Children and Youth Services, and the mother was charged with child abuse.

New Psychoactive Substances

DC Mayor Backs Bill Penalizing Dealers of Synthetic Cannabinoids. Mayor Muriel Bowser has proposed emergency legislation to go after dealers in synthetic cannabinoids as the District suffers from a spike in "fake weed" overdoses. "This is not marijuana," Bowser said at a Tuesday news conference. "The effects are very different, and they can be deadly." The city already prohibits the sale of synthetic drugs, but this bill would expand that ban.

International

Mexican Marines Disarm Entire Acapulco Police Force Over Links to Drug Gangs. Authorities in the state of Guerrero disarmed and placed under investigation the entire police force of Acapulco, the state's largest city, claiming the local police were infiltrated by drug gangs. Two top Acapulco police commanders were also charged with homicide. Last year, Acapulco had a murder rate of 103 per 100,000 residents, one of the highest in the world.

Venezuela Calls on Colombia to Take Action on Drug Trafficking. The Foreign Ministry called Tuesday for its eastern neighbor to "assume international responsibilities for the damage caused by the drug trafficking industry." Caracas wants Bogota to redouble its anti-trafficking efforts in light of the "alarming increase" in coca cultivation in Colombia reported by the UN Office on Drugs and Crime last week. "For the government of the Bolivarian Republic of Venezuela, it is even more worrisome that, according to said report, one of the most affected departments is precisely the north of Santander, bordering Venezuela, from where groups of drug trafficking and paramilitary violence are constantly attacking the population, the economy, and Venezuelan institutions. Venezuela urges the Colombian authorities to make sincere and effective efforts to assume international responsibilities for the damage caused by the drug trafficking industry to neighboring countries and the world," the ministry said.

[Disclosure: Drug Policy Alliance is a funder of the organization that publishes this newsletter.]

Categories: South America

Chronicle AM: Colombia Moves Backwards on Drug Policy, NYPD Pot Arrests Now Halted, More... (9/4/18)

Tue, 09/04/2018 - 20:56

Colombia's new president moves resolutely backward on drug policy, New York City's era of mass marijuana possession arrests is over, the California legislature has been busy, and more.

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

California Lawmakers Pass Bill that Will Support Local Cannabis Equity Programs to Increase Representation in the Industry by Persons from Communities Most Harmed by Cannabis Prohibition. The legislature has approved Senate Bill 1294, which helps create equity in the cannabis industry through the distribution of grants to localities offering assistance to persons most harmed by cannabis prohibition and generational poverty. SB 1294 will offer grants to localities with existing equity programs -- such as Los Angeles, Oakland, Sacramento, and San Francisco -- to support them as they offer equity-qualifying applicants and licensees business loans and grants, regulatory compliance and technical assistance, and licensing fee waivers. SB 1294 reflects a nationwide movement to ensure that this growing industry is representative and accessible to all persons, no matter their financial or criminal history background. Advocates, entrepreneurs, and local governments now call on Gov. Jerry Brown (D) to sign this important measure.

Delaware Governor Signs Marijuana Expungement Bill Into Law. Gov. John Carney (D) last Friday signed into law Senate Bill 197, which "provides mandatory expungement eligibility to individuals who were convicted of the possession [of one ounce or less], use or consumption of marijuana prior to Delaware's decriminalization of these offenses." The provision only applies to people who have no other criminal convictions on their records.

New York City Change in Marijuana Arrest Policy Now in Effect. As of Saturday, the NYPD is no longer arresting people for small-time marijuana use or possession in most cases. The city arrested more than 10,000 people on such charges last year. Officials said the change came because the arrests had nothing to do with public safety and were racially disproportionate. "Our new policy, we're going to see a humongous drop in people in communities of color being arrested for marijuana," NYPD Chief Rodney Harrison said. "And that was one of the whole goals of this whole new policy."

New Psychoactive Substances

DEA Makes Synthetic Cathinone Schedule I Substance. The DEA last Friday announced it was placing the synthetic cathinone N-Ethylpentylone into Schedule I of the Controlled Substances Act. This is a temporary scheduling action good for up to 24 months, during which time research will be conducted to see if the drug should be permanently scheduled. DEA said the drug was linked to 151 deaths in the US since 2015.

Sentencing Policy

California Lawmakers Pass Bill Giving Judges the Power to Set Aside Ineffective and Punitive Five-year Sentence Enhancement. The legislature last Friday gave final approval to Senate Bill 1393, which would restore judicial discretion to the application of a five-year sentence enhancement for each prior serious felony on a person's criminal record. Current law requires judges to add an additional five-years to cases, even when the judge believes that the punishment is unjust and unwarranted. If signed into law, judges would have maximum flexibility during the penalty phase of a trail to impose, or not impose, the additional five-years. A coalition of people who are directly impacted, their families, service providers, and advocates now call on Gov. Jerry Brown (D) to sign this important measure.

International

Colombian President Moves to Recriminalize Drug Possession. President Ivan Duque announced on Sunday measures to give police the power to seize personal use quantities of drugs that had previously been legalized. "This week will sign the decree through which, in development of the police code 02 of the 2009 legislative act, we will give the authorities tools to confiscate any dose of drugs or hallucinogens in the streets of Colombia, and thus face the root of micro-trafficking problems," said Duque. The measures would appear to contradict rulings by the country's Constitutional Court, which in 2012 approved the decriminalization of small amounts of cocaine and marijuana for personal use.

Categories: South America