Chronicle AM: DEA "Cold Consent" Searches, NYC Calls for Pot Legalization, KY Heroin Bills Collide, More (3/20/15)
An Ohio legalization initiative heads for signature-gathering, the NYC city council calls for decrim and legalization, the DEA's "cold consent" searches get critiqued, Kentucky pols can't agree on how to deal with heroin, and more.
[image:1 align:right caption:true]Marijuana
Louisiana Legalization Bill Pre-Filed. State Rep. Dalton Honore (D-Baton Rouge) has pre-filed a marijuana legalization bill. He submitted House Bill 117 yesterday. To go into effect, it would have to both pass the legislature and be approved by the electorate in the November 2016 election. Louisiana has some of the country's harshest marijuana laws.
Ohio Ballot Board Clears ResponsibleOhio Legalization Initiative. Backers of the ResponsibleOhio legalization initiative have cleared the final hurdle before beginning signature-gathering. The state Ballot Board agreed that the proposal amounts to a single constitutional amendment, so it's good to go. Backers will now need to gather more than 300,000 signatures by July to qualify for the ballot. The amendment would allow only 10 growing sites already promised to investors.
NYC City Council Calls for Decriminalizing and Legalizing Marijuana. This week, the New York City Council called for the state to pass legislation to both decriminalize and to tax and regulate marijuana. As part of the Council's State Budget and Legislative Agenda for the 2015-2016 legislative session, the council urged the state legislature to pass two marijuana policy reforms -- the Fairness and Equity Act and the Marijuana Regulation and Tax Act (MRTA). The Speaker of the City Council, Melissa Mark-Viverito had previously announced her support for marijuana legalization in November, but this marks the first time that decriminalization and legalization have been part of the Council's official legislative agenda.
Georgia Medical Marijuana Bill Wins Senate Committee Vote. The Senate Health and Human Services Committee approved House Bill 1 yesterday. The measure has passed the House and now heads for a Senate floor vote.
New York Senate Approves Bill to Increase Meth Penalties. The Senate has passed Senate Bill 1150, which would increase penalties for meth possession and sale. Meth would be treated similarly to heroin and cocaine under the bill. The bill is now in the Assembly Codes Committee as Assembly Bill 5577.
Kentucky Legislators Still Can't Agree on Heroin Bills. House and Senate negotiators met yesterday to try to reach a compromise on competing bills that address heroin use in the state, but mainly agreed to disagree. There are differences over increasing penalties for heroin dealers, whether to allow needle exchanges, and on how to protect people who report overdoses. There is now a chance legislators could agree on a compromise that simply omits the sentencing and overdose reporting provisions.
Sen. Chuck Grassley Investigating Asset Forfeiture Abuses in US Marshals Service. The Iowa Republican sent a letter Wednesday to the agency demanding documents after he received whistleblower allegations that the service's Asset Forfeiture Division had used asset forfeiture monies "to purchase extravagant office decorations such as custom wall paper and window treatments." He is also looking into allegations of favoritism in hiring at the agency.
Justice Department Report Criticizes DEA's "Cold Consent" Searches. In a new report, the Justice Department's Office of the Inspector General details how the DEA's use of "cold consent" searches, where agents confront travelers at airports, bus, and rail stations and "ask" for consent to search them, may be racially profiling passengers and unjustly seizing their money. Click on the title link or read the report for lots more detail.
Reentry and Rehabilitation
Ex-Felon Federal Voting Rights Bills Filed. Sen. Ben Cardin (D-MD) has filed S 772 to secure the federal voting rights of people who have served their time. Rep. John Conyers (D-MI) has filed a companion bill, HR 1459, in the House.
Smarter Sentencing Act Picks Up More Cosponsors. The Senate version, S 502, now has nine cosponsors, with the latest being Sen. John Isaakson (R-GA). The House version, HR 920, now has 22 cosponsors, with six signing on in the past week. The bills would retroactively apply provisions of the Fair Sentencing Act and would reduce mandatory minimum sentences.
Canada Supreme Court Takes Up Medical Marijuana Edibles. The high court is hearing a case where plaintiffs charge that Health Canada violated medical marijuana patients' constitutional rights to life, liberty, and safety by barring any form of marijuana except dried plants. The government has lost at every step of the legal process so far, but continues to argue the case.
Zambia Opposition Party Joins Green Call for Marijuana Legalization. Zambia's second largest opposition party, the United Party for National Development, has joined the Greens in calling for the legalization of marijuana cultivation. "There is nothing wrong with cannabis. Just like you and me 'dear reader' Cannabis Sativa, the plant, was also created by God," wrote party vice-president for political affairs Canisius Banda. "Cannabis is a resource. Cannabis must be decriminalized the world over. Nonetheless, regulation, albeit wise, just as it exists for many other things ought to remain. Just like Zambia boasts of Copper, California boasts of Cannabis, the biggest cash crop, responsible for US$14 billion a year in sales. Zambia would do well, under decriminalized but controlled conditions, to start growing Cannabis, and at least, for now until we are a bit more civilized, only for export to countries that have made it legal."
A man attempting to elude police on a motorcycle crashed his bike, then allegedly pulled a gun and was shot and killed. James Richard Jimenez, 41, becomes the 13th person to die in US domestic drug law enforcement operations so far this year.
[image:1 align:left]According to a statement released by the Napa Police Department, officers with the department's Special Enforcement Unit were preparing to serve a search warrant for drugs and firearms at a residence in the city's Alta Heights section when Jimenez, the man they were looking for, drove by on a motorcycle.
Police had arrested him a month earlier on charges of possessing meth and ammunition. He recognized police and sped away, the statement said. Police took off after Jimenez in a short pursuit that ended when he crashed his bike.
Officers repeatedly shouted "Police, show us your hands, show us your hands" as they approached, but said Jimenez reached for his waistband for what they "recognized as a handgun." One officer then fired three shots, with at least one striking Jimenez in the torso.
"Following standard protocol, officers immediately secured the suspect in handcuffs and began CPR and other life saving measures," the statement said. But Jimenez was pronounced dead shortly thereafter at a local hospital.
Police said they recovered a "substantial" amount of cash, methamphetamine, and a gun at the scene.
The officer who fired the shots was later identified as Officer Thomas Keener.
The next day, several dozen of Jimenez's friends and relatives marched through Alta Heights demanding justice after the shooting.
"We want justice for Hyme! He didn't have to die this way!" one relative shouted.
They said he was a family man, not a gang member or violent, and they didn't know why he fled police.
"I'm numb, just numb," said his mother, Janet Jimenez.
His fiancée, Holli Nelson, 26, said Jimenez had made mistakes in the past, but he had paid his dues.
"They're making him out to be a monster, and he's not," she said. "They gunned him down like a dog."
Alaska's Measure 2 legalization begins to kick in tomorrow, the UFCW organizes medical marijuana workers in Minnesota, Chuck Schumer wants more drug war money, India bans the new synthetic drug mephedrone, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
First Phase of Alaska Legalization Goes Into Effect Tomorrow. As of Tuesday, February 24, 2015, the first phase of Alaska's voter-approved Measure 2 marijuana legalization goes into effect. Beginning then, people 21 and over can legally possess up to an ounce of weed and grow up to six plants in their home (only three flowering). Adults may also share up to an ounce of weed with other adults and give them up to six plants. Taxed and regulated marijuana commerce will come next year. Click on the link for more.
Maryland Legalization Bill Gets Hearing Tomorrow. The House Judiciary Committee will hold a hearing in the General Assembly on Tuesday, February 24, to consider a bill that would regulate and tax marijuana similarly to alcohol. Supporters of the bill, including representatives of the Marijuana Policy Coalition of Maryland, are expected to testify. The hearing will take place in Room 101 of the House Office Building at 1:00pm ET. The bill is House Bill 911, sponsored by Rep. Curt Anderson (D-Baltimore).
Minnesota Medical Marijuana Workers Unionize. Workers at Minnesota Medical Solutions, which will operate four medical marijuana dispensaries, have signed a labor agreement with the company under the auspices of the United Food and Commercial Workers (UCFW), Local 1189. The union is also in discussions about representing workers at the other four planned dispensaries in the state, which will be operated by LeafLine Labs. The UFCW has also organized marijuana workers in California, Colorado, and Washington.
Missouri Medical Marijuana Bill Gets Hearing Today. Rep. Dave Hinson's (R-St. Clair) House Bill 800, which would allow for medical marijuana for eligible payments, was set to get a House hearing today. Come back tomorrow for results.
West Virginia Medical Marijuana Bill Filed. On the last day to file Senate bills in the legislative session, Sen. Mitch Carmichael (R-Ripley) introduced Senate Bill 546, the "Creating Compassionate Use Act for Medical Cannabis." The bill would allow for medical marijuana for designated debilitating medical conditions and would require patients and caregivers to be registered with the state. The bill now goes before the Senate Health and Human Services Committee.
Kosher Medical Marijuana Coming to New York? Orthodox Jews in New York may soon be able to get kosher medical marijuana. Rabbi Moshe Elefant, head of the Orthodox Union's kosher certification agency said he has held "preliminary discussions" with several companies seeking to obtain a kosher seal of approval for medical marijuana. Click on the link for more.
Chuck Schumer Lobbies to Restore HIDTA Funding Cuts. Sen. Charles Schumer (D-NY) said Sunday Congress should reject President Obama's plan to cut funding for the High Intensity Drug Trafficking Area (HIDTA) program. "This is one area where I disagree with the president, and I'm going to fight to reverse his decision," Schumer said. He wants $100 million in drug war funding restored, in part to fight heroin use in his state.
UN Official Blames "Corrupt" Chinese Pharmaceutical Industry for Meth Production. Chinese police recently busted 2.4 tons of meth in Guangdong Province, provoking UN Office on Drugs and Crime (UNODC) official Jeremy Douglas to say that "corruption in the pharmaceutical and chemical industries" in China was behind the easy availability of chemicals needed to mass produce the drugs. "To operate a lab like this, you need a lot of chemicals, which are legitimate, regulated chemicals from the pharmaceutical industry," Douglas said. "This group has been able to get their hands on the precursor chemicals necessary to produce the drugs. They've been doing it for a long time, which means they're getting these chemicals on a regular basis. There is some kind of corruption in the chemical/pharmaceutical industry taking place allowing this to happen."
India Bans Mephedrone. India has now classified mephedrone (also known as "Meow-Meow" or "M-Cat") as a psychotropic substance that falls under the Narcotic Drugs and Psychotropic Substances Act of 1985. That means mephedrone will now be treated as a controlled substance like heroin, cocaine, or methamphetamine. Previously, the new synthetic was not regulated in the country.