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Marijuana

US MI: Column: Marijuana: The Painkiller Alternative

Marijuana (MAP) - Wed, 06/22/2016 - 07:00
Metro Times, 22 Jun 2016 - "I had a run-in with Vicodin; that turned into a habit that I had to kick," said Laurent. "Opiate withdrawal - I never want to deal with that again." Laurent isn't this Detroiter's real name. He didn't want to use it because he uses marijuana both medically and recreationally, and because he's young and hopes to become a social worker - maybe a substance abuse counselor - and doesn't want this column to pop up in some employer's search.
Categories: Marijuana

Chronicle AM: New Orleans "Decrim" in Effect, Philippine Drug Executions Accelerate, More... (6/21/16)

Marijuana (STDW) - Tue, 06/21/2016 - 20:57

The Big Easy goes easy on marijuana possession, a California medical marijuana business is back in operation after a misbegotten raid, Danish cops raid Christiania to little effect, suspected drug dealers are being killed in the Philippines, and more.

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

Maine Legalization Foes Unveil New Website. Anti-legalization forces operating as Mainers Protecting Our Youth and Communities have launched a new website aimed at doing in the legalization initiative from the Maine Campaign to Regulate Marijuana Like Alcohol. A drop-down menu on the website provides an indication of their approach, with buttons for "Pot Shops on Main Street," "Marijuana Candy," and "Big Marijuana."

New Orleans "Decriminalization" Ordinance Goes Into Effect. A newly passed city ordinance allowing police to cite and fine instead of arrest people caught with small quantities of pot is now in effect in the Big Easy. But not everybody will get a ticket. Those caught with pot in a drug free zone, such as a city park, school, or church will still be charged and jailed.

Medical Marijuana

After Misbegotten Raid, California Medical Marijuana Company Open for Business Again. Sonoma County's Care By Design (CBD) is already back in business after a massive raid including a hundred police officers and DEA agents last week. Business operator Dennis Franklin Hunter was released without charges after initially being held on a $5 million bond. Police raided the business thinking it was using a dangerous and illegal butane extraction process to make cannabis oil, but it was actually using a non-flammable CO2 extraction process. CBD is blaming the botched raid on a disgruntled former employee involved in a competing business.

International

Danish Cops Raid Christiania's Pusher Street, To No Avail. Police last Friday marched into the Copenhagen hippy enclave, tore down 37 marijuana and hash sales stands, and arrested 18 people, but new stands went up and pot sales recommenced before police even left the scene. The raid is sparking new discussion on marijuana legalization, including from a senior prosecutor in the Copenhagen prosecutor's office. I personally believe we should legalize the sale of cannabis because this is a fight we cannot win," Anna Birgitt Sturup said.

Philippines in Drug Dealer Killing Frenzy. Under the new presidency of Rodrigo Duterte, who earned a reputation as a crime fighter and death squad organizer as the long-time mayor of Davao City, killings of alleged drug dealers are surging. Duterte has vowed to eradicate drugs and other crime within six months and even offered to give medals to citizens who kill them. Police reported killing 11 suspected drug dealers over the weekend, saying they resisted arrest, with more than 40 killed since Duterte was elected on May 9.

Categories: Marijuana

CN ON: Column: Ontario Could Play Role In Pot Regulatory Vacuum

Marijuana (MAP) - Tue, 06/21/2016 - 07:00
Toronto Star, 21 Jun 2016 - There is a hallucinatory quality to the way intoxicating substances are bought and sold in Ontario these days. Choose your alcoholic poison - beer, wine, spirits - mindful that robust government regulation (not to mention revenue) remains on tap.
Categories: Marijuana

US CO: Colo.: No Rise In Youth Pot Use

Marijuana (MAP) - Tue, 06/21/2016 - 07:00
Albuquerque Journal, 21 Jun 2016 - 21% Figure Just Below National Average DENVER (AP) - Marijuana use among Colorado high schoolers has not increased since legalization. That's according to the state Health Department, which released a new batch of youth survey results Monday.
Categories: Marijuana

Chronicle AM: Supremes Open Door to More Lawless Searches, CA Dems Endorse AUMA, More... (6/20/16)

Marijuana (STDW) - Mon, 06/20/2016 - 23:02

The Supreme Court hands down a pair of rulings supporting law enforcement powers, the California and Arizona marijuana legalization efforts gain powerful endorsements, the feds give up on trying to bust Fedex for shipping prescription pills, and more.

[image:1 align:left]Marijuana Policy

Arizona Congressman Endorses Legalization Initiative. US Congressman Ruben Gallegos (D-Phoenix) announced Monday that he is endorsing the legalization initiative from the Arizona Campaign to Regulate Marijuana Like Alcohol. "Forcing sales of this plant into the underground market has resulted in billions of dollars flowing into the hands of drug cartels and other criminals," Rep. Gallegos said. "We will be far better off if we shift the production and sale of marijuana to taxpaying Arizona businesses subject to strict regulations. It will also allow the state to direct law enforcement resources toward reducing violence and other more serious crimes."

California Democratic Party Endorses Legalization Initiative. Meeting in Long Beach over the weekend, the executive committee of the state Democratic Party voted to endorse the Adult Use of Marijuana Act (AUMA). The initiative would legalize the possession of up to an ounce of weed, allow limited personal cultivation, and allow regulated commercial cultivation and sales.

Colorado Health Department Reports No Increase in Youth Use. Marijuana use among high school students in the state has not increased since legalization, the Health Department reported Monday. The report was based on a statewide student survey. It found that 21% of students had reported using marijuana, in line with earlier figures from the state and below the national average of nearly 22%.

Medical Marijuana

Congressional Pot Fans, Foes Work Together on New Research Bill. Legalization opponent Rep. Andy Harris (R-MD) is joining forces with Congress's "top legal pot advocate," Rep. Earl Blumenauer (D-OR) to file a bill to overhaul federal policies on marijuana research. The bill would make it easier for scientists to conduct research on the medical use of marijuana. It hasn't been filed yet, but is expected this week.

Arkansas Initiative Campaign Hands in Signatures. Supporters of the Arkansans for Compassionate Care medical marijuana initiative handed in more than 110,000 raw signatures to state officials in Little Rock Monday. The initiative only needs some 67,000 valid voter signatures to qualify for the November ballot. If as many as 30% of the signatures are found invalid, organizers would still have enough signatures to qualify.

Asset Forfeiture

Oklahoma Governor Delays Using Card Readers to Seize Money. In the wake of a furious outcry over the Highway Patrol's recent use of ERAD card-reading devices to seize money from debit and credit cards, Gov. Mary Fallin (R) last Friday directed the secretary of safety and secure to delay using the the card-readers until the state can develop a clear policy for their use.

Law Enforcement

Supreme Court Opens Door to More Lawless Police Searches. In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the weight of the federal criminal justice system to come down on small-time criminals whose cases would normally be the purview of local authorities on the other. Taken together, the decisions show a high court that once again give great deference to the demands of law enforcement.

Feds Drop Drug Trafficking Case Against Fedex. Federal prosecutors in San Francisco last Friday suddenly moved to drop all criminal charges against the delivery service, which they had accused of knowingly delivering illegal prescription drugs. In court, presiding Judge Charley Breyer said the company was "factually innocent" and that the DEA had failed to provide it with the names of customers who were shipping illegal drugs. "The dismissal is an act, in the court's view, entirely consistent with the government's overarching obligation to seek justice even at the expense of some embarrassment," Breyr said, according to a transcript of the hearing.

Categories: Marijuana

Supreme Court Opens Door for More Lawless Police Searches [FEATURE]

Marijuana (STDW) - Mon, 06/20/2016 - 21:16

This article was produced in collaboration with AlterNet and first appeared here.

In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.

[image:1 align:left]The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the weight of the federal criminal justice system to come down on small-time criminals whose cases would normally be the purview of local authorities on the other. Taken together, the decisions show a high court that once again give great deference to the demands of law enforcement.

In the first case, Utah v. Strieff, the Supreme Court held that evidence obtained from the illegal stop of Strieff should not be thrown out under the exclusionary rule, which requires that illegally seized be suppressed as "fruit of the poisonous tree." The exclusionary rule, which dates back to 1920 and values the rule of law even at the expense of seeing a guilty suspect go free, has long been a bane of judicial conservatives, who have been trying to chip away at it since at least the 1980s.

In Strieff, a Salt Lake City police officer investigating possible drug activity at a residence stopped Strieff without "reasonable cause" after he exited the home. During his encounter with Strieff, the police officer found that he was wanted on a traffic warrant, arrested him, then searched him subsequent to arrest. The police officer found methamphetamine and drug paraphernalia, then charged him with drug and paraphernalia possession.

Strieff argued to suppress the evidence, arguing that it was derived from an unlawful investigatory stop. He lost at the trial and appeals court levels, but the Utah Supreme Court overturned his conviction, holding that an exception to the exclusionary rule known as the "attenuation doctrine" did not apply. The US Supreme Court disagreed.

The attenuation doctrine holds that unlawfully obtained evidence may be used even if "the fruit of the search is tainted by the initial, unlawful detention…if the taint is dissipated by an intervening circumstance," as the Utah Supreme Court described it. In other words, if police acting in good faith violate the law and don't do it flagrantly, they should be able to use any evidence found as a result of that violation in court.

The Supreme Court divided 5-3 on the case, with Chief Justice Roberts joining justices Alito, Breyer, and Kennedy joined Justice Clarence Thomas in his majority opinion. Thomas held that the police misconduct was not bad enough to warrant suppression of the evidence and, besides, police probably aren't going to abuse their powers to do mass searches.

"[The officer's] purpose was not to conduct a suspicionless fishing expedition but was to gather information about activity inside a house whose occupants were legitimately suspected of dealing drugs," Thomas wrote. "Strieff conflates the standard for an illegal stop with the standard for flagrancy, which requires more than the mere absence of proper cause. Second, it is unlikely that the prevalence of outstanding warrants will lead to dragnet searches by police."

[image:2 align:right caption:true]The Supreme Court's liberal minority was not nearly as sanguine. Justice Sonia Sotomayor, with Justice Ginsberg concurring, cut right to the heart of the matter:

"The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer's violation of your Fourth Amendment rights," she wrote in her dissent. "Do not be soothed by the opinion's technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants -- even if you are doing nothing wrong. If the officer discovers a warrant for a fine you forgot to pay, courts will now excuse his illegal stop and will admit into evidence anything he happens to find by searching you after arresting you on the warrant. Because the Fourth Amendment should prohibit, not permit, such misconduct, I dissent."

In the second case, Taylor v. United States, the high court upheld the ability of federal prosecutors to use federal law to prosecute people who rob drug dealers, even if the dealers are dealing only in locally-grown marijuana with no evidence of interstate sales. That 7-1 decision is in just the latest in a long line of cases upholding the ability of the federal government to regulate interstate commerce under the Constitution's "commerce clause" and to protect it from robbery or extortion under the 1951 Hobbs Act.

It was the "commerce clause" line of cases that led to the 2005 Gonzales v. Raich decision in which the Supreme Court upheld the ability of the federal government to move against marijuana cultivation and sales even in states where it is legal. In that case, the high court ruled that California medical marijuana patient Angel Raich's cultivation of marijuana plants at her home in California for her use in California implicated interstate commerce and was therefore liable to federal jurisdiction.

[image:3 align:left caption:true]In Taylor, Taylor was part of a Virginia gang known as the "Southwest Goonz" who targeted and robbed marijuana growers and dealers. He was charged under the Hobbs Act with two counts of "affecting commerce or attempting to do so through robbery." In his first trial, which resulted in a hung jury, Taylor offered evidence that the dealers targeted only trafficked in locally-grown marijuana. In his second trial, prosecutors convinced the court to exclude that evidence, and Taylor was convicted on both counts. The 4th US Circuit Court of Appeals affirmed that conviction, "holding that, given the aggregate effect of drug dealing on interstate commerce, the Government needed only to prove that Taylor robbed or attempted to rob a drug dealer of drugs or drug proceeds to satisfy the commerce element."

In an opinion authored by Justice Alito, the Supreme Court agreed.

"[T]he Government met its burden by introducing evidence that Taylor's gang intentionally targeted drug dealers to obtain drugs and drug proceeds," he wrote. "That evidence included information that the gang members targeted the victims because of their drug dealing activities, as well as explicit statements made during the course of the robberies that revealed their belief that drugs and money were present. Such proof is sufficient to meet the Hobbs Act's commerce element."

Only Justice Thomas dissented, arguing that the whole line of "commerce clause" cases granted too much power to the federal government.

"The Hobbs Act makes it a federal crime to commit a robbery that 'affects' 'commerce over which the United States has jurisdiction," Thomas wrote. "Under the Court's decision today, the Government can obtain a Hobbs Act conviction without proving that the defendant's robbery in fact affected interstate commerce -- or any commerce. The Court's holding creates serious constitutional problems and extends our already expansive, flawed commerce-power precedents. I would construe the Hobbs Act in accordance with constitutional limits and hold that the Act punishes a robbery only when the Government proves that the robbery itself affected interstate commerce."

Two cases, two distinct lines of legal precedent, one outcome: Drug cases continue to provide a basis for the expansion of state law enforcement power.

Categories: Marijuana

CN ON: Trivial Pot Cases Still Prosecuted

Marijuana (MAP) - Mon, 06/20/2016 - 07:00
Toronto Star, 20 Jun 2016 - It would appear no amount of weed is too small for the federal government to prosecute as it works toward legalizing the drug for recreational use. Brandon Richards was pulled over after leaving the parking lot of a Guelph strip club shortly after 1 a.m. in October 2014 for a sobriety check. He passed, but the officer said he detected the odour of marijuana.
Categories: Marijuana

US MA: Stopping Pot: Growing Opposition To Legalization

Marijuana (MAP) - Mon, 06/20/2016 - 07:00
Ipswich Chronicle, 20 Jun 2016 - IPSWICH - Come November, Massachusetts could become the fifth state to legalize recreational marijuana. But a growing group of opponents - - including some of the highest elected state officials - intend to make sure that doesn't happen. The Regulation and Taxation of Marijuana Act likely will go before voters this fall - proponents are gathering the 10,792 additional signatures needed to get it on the ballot - and if passed, it would legalize the commercial sale, taxation, recreational use and growing of marijuana in the state.
Categories: Marijuana

US CA: OPED: More Freedom With Marijuana Means More Problems

Marijuana (MAP) - Mon, 06/20/2016 - 07:00
The Union, 20 Jun 2016 - This is in response to the June 9 opinion piece in The Union by Jonathan Collier, spokesman for the California (Marijuana) Grower Association. Mr. Collier first comments on the sheriff's "inability to eradicate growing related challenges." He later says that marijuana has been here for decades and you just can't get rid of it. He acknowledges "a rising criminal element" and says that the county has had a "laissez-faire attitude toward land use." I take that to mean that the county has not tried to eradicate illegal marijuana growing, which isn't true.
Categories: Marijuana

US CA: Butane Resale, Possession Laws Could Be Adopted in Chico

Marijuana (MAP) - Mon, 06/20/2016 - 07:00
Chico Enterprise-Record, 20 Jun 2016 - Chico - Butane resale and possession may soon be restricted in Chico to crack down on illegal honey oil labs. The Chico City Council will weigh in on an ordinance 6 p.m. Tuesday in the City Council Chambers.
Categories: Marijuana

US MD: Foe Of Legalized Marijuana Leads Push For Research

Marijuana (MAP) - Mon, 06/20/2016 - 07:00
Baltimore Sun, 20 Jun 2016 - GOP Rep. Andy Harris Wants More Study of the Medicinal Use of Cannabis WASHINGTON - Two years after Rep. Andy Harris put himself in the center of a controversy over legalizing marijuana in the nation's capital, the conservative Republican is emerging as a leading voice advocating for more research into the drug's medicinal value.
Categories: Marijuana

US OR: Marijuana Growers, Processors Face Numerous and Complex

Marijuana (MAP) - Sun, 06/19/2016 - 07:00
The Register-Guard, 19 Jun 2016 - As recreational marijuana cultivation emerges from decades in the shadows in Oregon, residents face a vexing challenge: Where will new licensed farms, processing plants and retailers be allowed to locate? Banned outright in big chunks of the state, recreational marijuana facilities face a complicated patchwork of quickly drafted local land-use laws in areas, such as Lane County, that are allowing them.
Categories: Marijuana

US NV: Column: Here Come The Drug Legalizers - Again

Marijuana (MAP) - Sun, 06/19/2016 - 07:00
Nevada Appeal, 19 Jun 2016 - I'll say this for the drug legalizers: They're persistent. Once again, for the third time in the past 10 years, the usual suspects are back in Nevada with an initiative petition to legalize "recreational" marijuana in the Silver State. We defeated them twice before on 60-40 votes and I hope we hand them another well-deserved setback in November. Led by the Washington, D.C.-based Marijuana Policy Project (MPP), and financed by people like left-wing radical George Soros, fast-talking potheads will try to convince Nevada voters recreational marijuana would be good for our state. Not satisfied with so-called "medical" marijuana, they want to push the legal drug boundaries even further.
Categories: Marijuana

US WA: Yakima At The Forefront Of New Hemp Growing Program

Marijuana (MAP) - Sun, 06/19/2016 - 07:00
Yakima Herald-Republic, 19 Jun 2016 - YAKIMA, Wash. - As a cousin to marijuana, hemp has long been banned despite a huge potential for use in a wide range of products, including clothing, building materials and even shampoo. But Yakima will soon be at the forefront of the state's efforts to develop a research program that could lead to a commercial hemp industry.
Categories: Marijuana

US CA: OPED: Legalizing Marijuana Would Create a

Marijuana (MAP) - Sun, 06/19/2016 - 07:00
Ventura County Star, 19 Jun 2016 - Ventura Police Chief Ken Corney, who is also president of the California Police Chiefs Association, has come out swinging against marijuana legalization in order to save our citizens from the evil weed. Especially the children. But let's be real for once: Maintaining marijuana prohibition and the status quo not only doesn't protect our children, it does the opposite.
Categories: Marijuana

Ireland: Decriminalise All Drugs Says Junior Justice Minister

Marijuana (MAP) - Sun, 06/19/2016 - 07:00
Sunday Independent, 19 Jun 2016 - Stanton Also Wants Traveller Ethnicity Recognised A NEWLY appointed junior justice minister wants personal possession of all illegal drugs to be decriminalised as part of the Government's plan to tackle gangland crime.
Categories: Marijuana

US CA: Column: Pot Purveyor Gets Away With Medical Mission

Marijuana (MAP) - Sun, 06/19/2016 - 07:00
The Press Democrat, 19 Jun 2016 - Now that marijuana purveyor Dennis Franklin Hunter is released without charges in the wake of Wednesday's large-scale Sonoma County raids, his followers can get on with their quest to have him canonized. It's tough not to mist up as disciples of Hunter extol his efforts to bring the highest professional standards - "the gold standard" - to his company's production of marijuana products for the thousands of patients who rely on them.
Categories: Marijuana

US PA: Parents Caught In Medical Pot's Legal Crossfire

Marijuana (MAP) - Sun, 06/19/2016 - 07:00
Pittsburgh Post-Gazette, 19 Jun 2016 - Prohibited From Taking Drug Across State Lines Parents hoping to treat seriously ill children with medical marijuana cheered when Pennsylvania's new law included a "safe harbor" provision allowing them to import the medicines right away, rather than waiting for the law to take full effect in two years.
Categories: Marijuana

US TX: Texas May Be Ready to Expand Medical Use of Marijuana

Marijuana (MAP) - Sun, 06/19/2016 - 07:00
Austin American-Statesman, 19 Jun 2016 - Within GOP, Sentiment Appears to Be Growing to Allow More Remedies. Is Texas ready to embrace expanding medical treatments from marijuana? Some state elected officials - along with some eager entrepreneurs - would like to see more allowable uses of the controversial plant when the 2017 legislative session comes around.
Categories: Marijuana

US CA: Editorial: So Far, So Good on Cannabis Cultivation

Marijuana (MAP) - Sat, 06/18/2016 - 07:00
The Union, 18 Jun 2016 - Since banning outdoor marijuana cultivation in January, the Nevada County Board of Supervisors has weathered a great deal of criticism. As supervisors and supporters of Measure W forged ahead toward the June 7 election, much of the backlash was based in perceptions that our elected representatives were not representing enough of our electorate on the matter, or even listening to the opposition.
Categories: Marijuana
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