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Mandatory Minimum Sentencing (MAP) - Tue, 08/22/2017 - 10:37
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Categories: Mandatory Minimums

CN MB: Defence Promises Appeal In Mandatory Sentencing Case

Mandatory Minimum Sentencing (MAP) - Tue, 08/01/2017 - 07:00
Winnipeg Free Press, 27 Jul 2017 - Judge 'troubled' but forced to lock up single mother of four children PLANS to appeal a mandatory minimum sentence as unconstitutional are on the horizon for a Winnipeg mother who is now behind bars despite the judge's declaration that justice would not be served by locking her up.
Categories: Mandatory Minimums

Chronicle AM: Senate Keeps MedMj Language, Kansas SWAT Lawsuit Revived, More... (7/27/17)

Mandatory Minimum Sentencing (STDW) - Thu, 07/27/2017 - 20:31

A Senate panel has approved an amendment barring the DOJ from going after medical marijuana states, criminal justice reform groups want close scrutiny of US Attorney nominees, a federal appeals court reinstates a lawsuit over a SWAT raid that turned up only tomatoes and tea leaves, and more.

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

Senate Panel Approves Amendment Defunding DOJ Medical Marijuana Enforcement. The Senate Appropriations Committee voted Thursday to approve an amendment that would block the Justice Department from spending any funds to go after medical marijuana in states where it is legal. The amendment, which passed with strong Republican support, is a striking rebuke to Attorney General Jeff Sessions, who had personally requested that Congress kill the amendment. A House committee yesterday killed a similar amendment, but if the Senate amendment stays in the appropriations bill, it could be the basis for conference committee negotiations later.

Nevada Supreme Court Upholds Medical Marijuana Registry. In a Tuesday decision, the state Supreme Court unanimously upheld the constitutionality of the state's medical marijuana registry. The program had been challenged by a John Doe lawsuit, which complained that the registry and associated fees violated his due process rights. The lawsuit was rejected by lower state courts, and now the state's highest court has agreed.

Law Enforcement

Reform Groups Call on Senate to Closely Scrutinize Trump's US Attorney Nominees. A number of criminal justice reform groups on both the left and the right are calling on Senate Judiciary Chairman Sen. Chuck Grassley (R-IA) to have committee members actually question nominees, whether at hearings or in writing. The groups, which include Families Against Mandatory Minimums, Right on Crime, and the American Conservative Union, want nominees' positions on key issues such as asset forfeiture, sentencing policy, and respecting the authority of states to be made clear. "In view of the recent policies announced by the Department of Justice (DOJ), it is even more important that the Senate understand each nominee's views of the proper role government attorneys play in seeking justice rather than merely 'winning' the cases they bring," the groups wrote. The coalition made an initial request to Grassley in March, but got no response.

Federal Appeals Court Reinstates Lawsuit Against Kansas Cops Who Led SWAT Raid Against Couple Growing Tomatoes. In a blistering decision, the 10th US Circuit Court of Appeals reinstated a lawsuit filed by a suburban Kansas City couple after a SWAT-style raid based on the couple's visit to a garden supply shop and a faulty field drug test that said tea leaves in their trash were marijuana. There was no marijuana. The family sued the Johnson County Sheriff's Office after the 2012 raid. A federal judge dismissed the lawsuit in 2015, but now the 10th Circuit has overruled him.

Categories: Mandatory Minimums

Chronicle AM: CT Ends Civil Forfeiture, Sessions Calls for More Drug War (Again), More... (7/12/17)

Mandatory Minimum Sentencing (STDW) - Wed, 07/12/2017 - 19:20

Connecticut has become the 14th state to end civil asset forfeiture, Nevada's state government is moving to ease a potential marijuana shortage, Jeff Sessions gives another drug war speech, and more.

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

Massachusetts Governor Says Deal on Legalization Close. Gov. Charlie Baker (R) said Thursday lawmakers are close to reaching a deal on a bill that will regulate legal marijuana in the state. The House had favored a 28% tax and allowing localities to ban pot businesses without a popular vote, while the Senate held to the 12% tax included in the voter-approved legalization initiative and wouldn't allow pot shop bans without a popular vote. "I'm told there are only a couple minor things that are outstanding. I hope they get them done because if they don't get them done, I think at some point, we're going to have to go forward with the law as it was written," said Baker.

Nevada Regulators Set to Approve Emergency Regs to Avoid Pot Shortage.State tax officials are set to vote Thursday on an emergency regulation that they hope will allow marijuana stores to avoid running out of supply. The regulation would allow the state to issue distribution licenses that are currently being held up by a legal challenge from liquor distributors, who want a cut of the action. Because of heavy demand since legal sales started July 1, some shops are "running on fumes," said Nevada Dispensary Association President Andrew Jolley.

Asset Forfeiture

Connecticut Governor Signs Bill Ending Civil Asset Forfeiture. Gov. Dannel Malloy (D) on Monday signed into law House Bill 7146, which ends property or cash seizures in the state without a criminal conviction. Connecticut becomes the 14th state to require a criminal conviction in most or all forfeiture cases.

Drug Policy

Attorney General Sessions Again Attacks Drug, Sentencing Reforms. In a speech at the Drug Abuse Resistance Education (DARE) training conference in Dallas on Tuesday, Attorney General Jeff Sessions called the country's drug problem "unprecedented" and generally blamed it on Obama-era sentencing reforms that led prosecutors "not to charge the most serious offenses." Sessions said a new Justice Department police directing prosecutors to seek mandatory minimum sentences was the way to go. "We are going to trust our prosecutors again," Sessions said Tuesday. "This policy empowers trust in professionals to apply the law fairly and exercise discretion when appropriate."

Categories: Mandatory Minimums

Chronicle AM: MA MJ Talks Resume, WI "Cocaine Mom" Law Back in Effect (For Now), More... (7/10/17)

Mandatory Minimum Sentencing (STDW) - Mon, 07/10/2017 - 19:52

Massachusetts lawmakers finally figured out their budget, so now maybe they can figure out how to implement the will of the voters on legal pot; the Supreme Court lets Wisconsin continue to enforce its "cocaine mom" law as the state appeals a lower court ruling it's unconstitutional; Colombian coca cultivation was way up last year, and more.

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

Massachusetts Lawmakers Resume Talks on Implementing Legalization. A House-Senate conference committee was set for a closed door meeting Monday afternoon to restart negotiations over legislation that would implement the state's voter-approved marijuana legalization law. House and Senate negotiators are split over a number of issues, foremost among them taxation rates and whether localities can ban pot businesses without a popular vote.

Medical Marijuana

North Dakota Seeks Letters of Intent from Prospective Growers and Dispensaries. The Health Department last Friday asked prospective medical marijuana growers and dispensary operators to send in letters of intent to apply under the state's new medical marijuana law. The department said it wants a better idea of how many applications it will receive in coming months. Interested parties have until July 28 to send in their letters.

Drug Policy

US Supreme Court Lets Wisconsin "Cocaine Mom" Law Stay in Effect Pending Appeal. The Supreme Court last Friday issued an order lifting an injunction against Wisconsin's "cocaine mom" law imposed in April. The law allows state officials to detain pregnant women suspected of using drugs or alcohol. A federal district court judge ruled the law unconstitutionally vague and issued the injunction, but now the Supreme Court will allow the state to continue to use the law while it appeals the lower court ruling.

Sentencing

Report: Some Federal Prosecutors Ignored Obama Sentencing Recommendations. A report from the Justice Department's Office of the Inspector General released last Friday finds that at least 20 of the country's 94 federal prosecutorial districts did not follow Obama administration "Smart on Crime" sentencing recommendations aimed at reducing the number of mandatory minimum sentences for drug offenses. Still, the report noted, the initiative had an impact: Drug offenders sentenced without mandatory minimum sentences increased from 40% in 2014 to 54% in 2015.

International

UN Says Colombia Coca Cultivation Increased Dramatically Last Year. The UN Office on Drugs and Crime reports that the amount of land under coca cultivation jumped from 250,000 acres in 2015 to 363,000 acres last year, an increase of nearly 50%. The UNODC notes that most of the increase came in areas that had been under the control of the now demobilized FARC guerrillas. The Colombian military failed to take effective control of those areas, leaving a power vacuum filled by dissident guerrilla groups, rightist paramilitaries, and drug trafficking organizations.

Categories: Mandatory Minimums

Chronicle AM: Drug Warriors Push Back on Sentencing Criticisms, Mexico Violence, More... (7/7/17)

Mandatory Minimum Sentencing (STDW) - Fri, 07/07/2017 - 18:59

There's medical marijuana news from Maryland, drug warriors defend Sessions' harsh sentencing approach, Mexico's prohibition-related violence is ticking upward, and more.

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

Maryland Regulators Approve First Dispensary. The Maryland Medical Cannabis Commission approved a dispensary license for the Wellness Institute of Maryland in Frederick on Wednesday. The store began seeing patients Thursday for "pre-orders," but won't actually have a crop to harvest for several months.

Maryland Governor Overhauls Medical Cannabis Commission. Gov. Larry Hogan (R) on Thursday overhauled the commission, which had come under fire for its launch of the state's medical marijuana program. He replaced six members whose terms on the 16-member panel had expired and filled three vacancies. The new appointments doubled the number of minority commissioners from two to four, responding to calls from the Legislative Black Caucus and others to create more diversity in the program.

Sentencing

Drug Warriors Defend Sessions' Hard Line on Drug Sentencing. The heads of professional groupings committed to punitive, prohibitionist drug policies penned an op-ed Wednesday defending Attorney General Sessions' return to harsh sentencing practices and charging that Obama administration efforts to reduce drug sentences had left "a devastating mark downstream on the safety of communities across the nation." The piece was a direct response to an op-ed last month by former Assistant Attorney General Sally Yates, who noted that violent crimes rates are still at historic lows and accused Sessions of "stoking fear" with an argument that "just isn't supported by the facts."

International

Cartel Clashes in Northern Mexico Leave 26 Dead. At least 26 people were killed in a predawn gun battle between warring cartels Wednesday in Las Varas, Chihuahua, as members of La Linea squared off against a Sinaloa cartel faction. The violence in Chihuahua comes just days after a firefight with police near the resort town of Mazatlan, Sinaloa, left 19 suspected cartel members dead. Violence is surging in Mexico, with 2,186 homicide investigations opened in May, the most in any month since the government began publishing homicide statistics in the 1990s.

Honduras Destroys First Coca Crop. Honduran Army units on Friday destroyed a coca plantation containing 12,000 plants near the town of Esquipulas del Norte in Olancho province, marking the first time a coca crop had been found and eradicated in the country. Authorities had discovered the planting in late April. They also found a crude coca processing lab nearby and are investigating "the possible involvement of foreigners."

Categories: Mandatory Minimums

Chronicle AM: Groups Oppose New Fed Bill, Still no DEA Research Grow Licenses, More... (7/5/17)

Mandatory Minimum Sentencing (STDW) - Wed, 07/05/2017 - 20:28

Drug reformers and others are trying to stop a bill that would give Attorney General Sessions new powers to criminalize new drugs and craft new penalties, after a year the DEA still hasn't issued any new marijuana research grow licenses, and more.

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

DEA Still Hasn't Issued Any New Marijuana Grower Licenses. Almost a year after the DEA announced it would allow more organizations to produce marijuana for research purposes, it has yet to do so. Although DEA has received 25 applications for research grows, it says it is still processing them and has no estimate for when any applications may be granted. There is increasing demand for research marijuana, as well as for more potent, more diverse, and higher quality marijuana than is being produced by the University of Mississippi under a NIDA monopoly it has enjoyed since 1968.

Massachusetts Lawmakers Get Back to Work on Crafting Legalization Implementation. The legislature missed a self-imposed Friday deadline for reaching agreement on competing legalization implementation bills in the House and Senate and the marijuana conference committee was set to meet today to try to seek agreement. Two big issues of dispute are tax rates and whether localities can ban pot businesses without a popular vote.

Industrial Hemp

West Virginia Joins the Ranks of Legal Hemp States. As of Tuesday, state residents can apply to the agriculture commissioner for a license to grow hemp for commercial purposes. Some growers grew hemp crops last year, but those were licensed research grows. Now, those growers can be licensed as commercial growers, too.

Drug Policy

Dozens of Reform Groups Send Letter to Congress Opposing New Drug War Bill. More than 60 civil rights, human rights, faith, criminal justice, and drug policy reform organization have sent a letter to the House Judiciary Committee opposing House Resolution 2851, the Stop the Importation and Trafficking of Synthetic Analogues Act of 2017. The measure is part of Attorney General Sessions' effort to reenergize the war on drugs and would give him sweeping new powers to schedule new drugs and set corresponding penalties, including new mandatory minimums. Similar legislation by Sens. Grassley and Feinstein has been filed in the Senate.

Categories: Mandatory Minimums

US: Pot Is Legal In Some States, But Not Others

Mandatory Minimum Sentencing (MAP) - Wed, 07/05/2017 - 07:00
Lexington Herald-Leader, 04 Jul 2017 - On a cool, rainy day, more than 200 people crowd under a tarp in the parking lot of Big Mama's Restaurant, bidding on bicycles, air rifles and marijuana posters to raise money to support a jailed local legend. They have a lot of work to do, because Cornbread Mafia leader Johnny Boone, captured in Canada and returned to Kentucky after eight years as a fugitive, faces life in prison if convicted on his third strike, for growing 2,421 marijuana seedlings on a farm. In 29 states and the District of Columbia, marijuana is legal for recreational or medicinal purposes, or both. But the federal government, while giving a virtual free pass to growers in states where marijuana is legal, continues to seek long mandatory minimum penalties against defendants in Kentucky and other states where it is not.
Categories: Mandatory Minimums
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