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Global celebrities and political figures call for change at the UN, Maine's pot legalization initiative remains alive, Pennsylvania is now set to become the 24th medical marijuana state, and more.

Medical marijuana is coming to Pennsylvania. (Creative Commons)

Marijuana Policy

Maine Won't Appeal Judge's Ruling to Recount Invalidated Signatures. Secretary of State Matthew Dunlap said Wednesday he won't appeal a judge's ruling that overturned his decision to invalidate a marijuana legalization initiative. This doesn't mean that the initiative from the Campaign to Regulate Marijuana Like Alcohol is now qualified for the ballot, but it does mean that state officials will have to review thousands of signatures in threw out last month, including some 17,000 invalidated because they came from a notary whose signature on petition sheets supposedly didn't match his signature on file. If those signatures are found to be valid, the initiative qualifies. It handed in 99,000 and only needs 61,000 valid signatures to get on the ballot.

Top Massachusetts Politicians Form Anti-Legalization Committee. Governor Charlie Baker (R), Boston Mayor Marty Walsh (D), Speaker Robert DeLeo (D), and a number of other political figures and health care professionals have formed a bipartisan committee, A Campaign For A Safe and Healthy Massachusetts, to oppose the marijuana legalization initiative there. "I’ve met far too many families in Boston and elsewhere where kids have lost their way in school and been shut out of success in the workplace due to addiction and abuse of marijuana," Mayor Walsh said in a release. "Where marijuana is legal, young people are more likely to use it and a vote against legalizing the commercial marijuana industry is a vote to protect our kids and communities."

NORML Endorses Michigan Legalization Initiative. "The National Organization for the Reform of Marijuana Laws (NORML) is pleased to announce our endorsement of the MI Legalize initiative to regulate the adult use, production and retail sale of marijuana in Michigan. MI Legalize, also known as the Michigan Comprehensive Cannabis Law Reform Committee, has collected more than 270,000 signatures in its effort to legalize marijuana via the petitioning process. The grass-roots effort has been collecting signatures from registered voters since June, 2015, and represents the best opportunity to enact a regulatory system in Michigan, a state where it is highly unlikely the state legislature will take any similar action."

Champaign/Urbana to Vote on Legalization Advisory Referendum. The Illinois cities will vote on the advisory measure in the November election. The advisory question will ask voters "Should the state of Illinois legalize and regulate the sale and use of marijuana in a similar fashion to the state of Colorado?"

Medical Marijuana

Senate Committee Approves Veterans Access to Medical Marijuana. The Senate Appropriations Committee passed a bipartisan amendment Thursday, 20 to 10, allowing Veterans Administration (VA) doctors to recommend medical marijuana to their patients in states where medical marijuana is legal. The vote is the second time the U.S. Senate has advanced this issue. The amendment did not make the final appropriations bill last year after narrowly losing in the House.

Pennsylvania Medical Marijuana Bill Heads to Governor's Desk. After months of delay in the House, Senate Bill 3 has finally been approved by the legislature and is headed for the desk of Gov. Tom Wolf (D), who supports it. The Keystone State is now set to become the 24th medical marijuana state.

Harm Reduction

Hawaii House Approves Opioid Overdose Reversal Drug Bill. The House has approved a bill to increase access to overdose reversal drugs such as naloxone (Narcan) and provide immunity to those who administer them. The measure is Senate Bill 2392, which has already passed the Senate and now heads for the governor's desk.

International

Open Letter to UN Head Calls for Shift in Global Drug Policy. Over a thousand people, including financier Warren Buffett, US Sen. Elizabeth Warren (D-MA), rock star Sting, and the former presidents of Mexico, Colombia, Brazil, and Switzerland, among others, have signed an open letter to UN Secretary-General Ban Ki-Moon saying the drug war has failed and calling for a shift in global drug policy away from criminalization and force and toward health  and human rights. The letter comes ahead of next week's UN General Assembly Special Session (UNGASS) on Drugs.  

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Republican governors seek federal permission to drug test food stamp recipients, a Tennessee marijuana reform bill dies, a pair of New York medical marijuana improvement bills advance, so does the long-awaited Pennsylvania medical marijuana bill, and more.

Medical marijuana is keeping statehouses busy. (wikimedia.org)

Marijuana Policy

Tennessee Decriminalization Referendum Bill Dies. A bill that would have let state voters weigh-in on whether the state should decriminalize pot possession is dead. The bill, which would have authorized a non-binding referendum, was killed in the Senate Judiciary Committee Tuesday.

Medical Marijuana

New York Medical Marijuana Fix Bills Advance. The Assembly Health Committee Monday approved two bills aimed at improving the state's medical marijuana system. The bills, authored by Assemblyman Dick Gottfried (D-Manhattan), chair of the committee and one of the architects of the state's medical marijuana law, would double the number of companies allowed to grow and distribute medical marijuana from four to eight and would end the requirement that they be vertically integrated. The bills now head for an Assembly floor vote.

Ohio Legislature Crafts Medical Marijuana Plan. Faced with two separate medical marijuana initiative campaigns, legislators are working to craft their own medical marijuana proposal.  The bill, which is set to be announced this week, would create a medical marijuana commission to create rules within a year to regulate medical marijuana in the state. Patients with a doctor's recommendation could access raw marijuana, edibles, patches, and oils, but would not be allowed to grow their own.

Pennsylvania Senate Passes Medical Marijuana Bill. For the second time in less than a year, the Senate has approved Senate Bill 3, which would create a medical marijuana system in the state. The House sat on the bill for months after original Senate passage, then approved an amended version of the bill. The Senate then passed that bill, but only after amending the amendments to bring it make closer to the version originally passed by the Senate. Now, it's up to the House to agree to those changes and send the bill to Gov. Tom Wolf (D).

Utah Patient Advocates Give Up on 2016 Initiative. A group calling itself Truce that had called for a medical marijuana initiative this year after the legislature killed medical marijuana bills earlier this year has given up on 2016. The group says it would have had an extremely difficult time of gathering the 102,000 valid voter signatures required to get on the ballot. The group says it is now concentrating on getting a good bill through the legislature next year.

Asset Forfeiture

Poll: Nearly Nine Out of 10 Mississippians Want to End Civil Asset Forfeiture. A poll from the Mississippi Center for Public Policy has 88% opposed to allowing police to seize and permanently forfeit property taken from people not convicted of a crime. The poll comes as House Bill 1410, which would have increased asset forfeiture transparency, was passed by the House, but gutted by the Senate, which turned it into a study bill. The House is asking for a conference committee to hash out the differences.

Drug Testing

A Dozen GOP Governors Ask Congress to Let Them Drug Test Food Stamp Recipients. The governors have sent a letter to Rep. Robert Aderholt (R-AL), head of the House Agriculture Committee , which administers the Supplemental Nutrition Assistance Program (SNAP—food stamps), urging him to change federal law to allow states to test program recipients. In a statement accompanying the governors' letter, Wisconsin Gov. Scott Walker characterized the drug testing proposal as a "common-sense reform" that will make it easier "for recipients with substance abuse to move from government dependence to true independence," but in the states that have actually done welfare drug testing, less than 1% of recipients have tested positive for drugs.

International

Poll: Iceland Far From Supporting Marijuana Legalization. Fewer than 25% of Icelanders support legalizing marijuana, according to a new MMR poll. Some 76.8% said they opposed legalization. The good news is that opposition figure is declining; five years ago, 87.3% were opposed. Older age groups were the least likely to support legalization, while young people were most likely to.

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The Donald returns to one of his favorite themes, Arizona legalization initiative organizers have hit the 200,000-signature mark (they need 150,000 valid ones), patients in New York protest that state's restrictive medical marijuana law, Western Australia wants to force meth users into drug treatment without having to convict them of a crime first, and more.

Trump accuses Mexico of "poisoning our youth" with drugs. (wikimedia.org)

Arizona Legalization Initiative Signature Drives Passes 200,000 Mark. The Campaign to Regulate Marijuna Like Alcohol in Arizona announced Tuesday that it has collected more than 200,000 raw voter signatures for its legalization initiative. The group needs 150,564 valid voter signatures by July to qualify for the November ballot.Having 200,000 raw signatures at this point means that a full quarter of them would have to be disqualified for the initiative to come up short--and it still has time to gather more. 

Medical Marijuana

Colorado Bill to Allow Medical Marijuana at School Moves. A bill that would require schools to allow students to use medical marijuana on campus has passed its legislative hurdle. House Bill 1373 was approved 10-3 by the House Agriculture, Livestock and Natural Resources Committee and now heads for a House floor vote. State law already gives school districts the power to allow the use of medical marijuana under certain circumstances, but no district has done so.

New York Patients, Families Rally in Albany to Demand Fixes for State's Medical Marijuana Law.  Dozens of advocates gathered in Albany Tuesday to urge legislators to support a slate of bills that would amend the Compassionate Care Act, New York’s medical marijuana law. The law, which was passed in June of 2014, took eighteen months to implement and has been criticized for being one of the most restrictive and burdensome programs in the country. Launched in January of this year, to date, only 494 of the state’s 79,000 physicians have agreed to participate and only 2,390 patients have been certified by their doctors to enroll in the program. This lackluster start is likely due to a number of barriers and restrictions in the program that make it both difficult and unappealing for physicians and patients to participate.

Drug Policy

Trump Blames Mexico for America's Drug Problems. Returning to one of his favorite themes—Mexico bashing—GOP presidential contender Donald Trump Monday warned that drugs from Mexico are "pouring into the country" and "poisoning our youth." His comments came as he defended his plan to build a border wall and make Mexico pay for it. The US trade deficit with Mexico is $58 billion a year. "And that doesn’t include the drugs that are pouring into the country poisoning our youth," Trump added. "They’re poisoned with this crap. People won’t be driving their pick-up trucks through the wall or over the wall, he added. Did you ever see that? The trucks go over, they unload the drugs and then they go back. So we get the drugs and they get the money. Not very good folks. That’s going to all change."

International

French Minister Reignites Marijuana Legalization Debate. A French junior minister, Jean-Marie Le Guen, secretary of state for relations with parliament (and an MD) has reignited discussion of marijuana law reform there by saying "prohibition is not effective" and that a public health approach was needed. Le Guen clarified that he was not speaking for the government, but said the subject should be debated by the next president. His remarks did not go over well with drug reform-averse French politicians, including his fellow governing Socialists.  "And what will we do tomorrow? Will we legalise cocaine and weapons because we cannot stem the flow of weapons? That's not serious!" retorted Socialist Senator Samia Ghali. A spokesman for the government added that the Socialist Party was free to debate the issue, but the government isn't interested "neither in work nor thought."

Victoria Becomes First Australian State to Legalize Medical Marijuana. The state Parliament has passed the Access to Medicinal Cannabis Bill, making Victoria the first state in the country to approve medical marijuana. State Health Minister Jill Hennessey said children with severe epilepsy will be the first to be able to access the medications next year. The state government will set up an Office of Medicinal Cannabis to regulate the industry and educate patients and doctors about their roles and eligibility to prescribe or use medical marijuana.

Western Australia Wants to Subject Meth Users to Forced Detention, Treatment. The state's Mental Health Minister, Andrea Mitchell, said forcing meth users into drug rehab was the way to deal with the state's growing number of them. "I've got a responsibility to balance the rights of the individual with also protecting the community, and I need to do that with the burglary and the assaults and the other side of things that do tend to happen with people with a meth problem," she said. "And I also have a duty of care to protect that individual and give that individual the best possible chance of coming out of that and being a responsible citizen." The scheme would require legislative changes to allow the state to hold against their will people who have not been convicted of any crime.

 (This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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Ted Cruz takes a states' rights line on marijuana policy, a Vermont House committee has amended the pot legalization bill beyond recognition, a counterculture icon dies, a new poll has plurality support for marijuana legalization in Great Britain, and more. 

Welsh counterculture icon Howard Marks, "Mr. Nice," has died.

Marijuana Policy

In Colorado, Ted Cruz Says He Would Leave State's Pot Law Alone. The Republican presidential contender told the Denver Post ahead of last Saturday's GOP caucus that as president, he would not interfere with Colorado's marijuana legalization even though he personally opposes legalization. "I think on the question of marijuana legalization, we should leave it to the states," he said. "If it were me personally, voting on it in the state of Texas, I would vote against it. The people of Colorado have made a different decision. I respect that decision." Cruz won the Colorado caucus.  

Arkansas Attorney General Rejects Legalization Initiative. Attorney General Leslie Rutledge has rejected a proposed constitutional amendment to legalize pot. The initiative would legalize the use, possession, cultivation, and distribution of marijuana, but will have to go back to the drawing board to come up with language that is not ambiguous. Any initiative in Arkansas this year will need 85,000 valid voter signatures to qualify for the November ballot.

Vermont Legalization Bill Hits Wall in House. The fate of the legalization bill, Senate Bill 241, is at best uncertain after the House Judiciary Committee first refused to pass even a watered-down version of it last Friday, then amended it to delete legalization and expand funding for anti-drug campaigns, provide police with more drugged driving resources, and ban potential dangerous methods of concentrating the drug. While the Judiciary's version of the bill bears little resemblance to the version passed by the Senate, it does leave the door open for Senate supporters to re-insert the deleted language if the amended version passes the House. But it is not at all clear that a majority of House members would vote for that.

Medical Marijuana

Louisiana Medical Marijuana Bill Introduced. State Rep. Ted James (D-Baton Rouge) has filed House Bill 1112, which would expand the scope of medical marijuana in the state. The state passed a restrictive medical marijuana bill last, but there has been little progress made on producing medical marijuana in the state. James' s bill would allow for the commercial production of medical marijuana and allow patients to petition state agencies to expand qualifying conditions for use of the medicine. The bill also seeks to ease the regulatory burden on marijuana by cutting state agencies out of some of the regulatory process.

Ohio Attorney Generals Okays 2nd Medical Marijuana Initiative. Attorney General Mike DeWine has certified the petition summary for a medical marijuana and industrial hemp initiative from Legalize Ohio 2016. Now, the initiative goes to the Ohio Ballot Board to determine whether it is one issue or two. Another initiative, backed by the Marijuana Policy Project, has already been approved for signature gathering. Initiatives will need 305,000 valid voter signatures by early July to qualify for the November ballot.

International

Poll: Plurality of Britons Support Marijuana Legalization. A new poll from The Independent has support for legalization at 47%, with 39% opposed. The poll asked whether respondents supported a plan for licensing the sale of marijuana through shops that has been adopted by the Liberal Democrats.

No More Mr. Nice. Welsh counterculture icon Howard Marks, widely known as "Mr. Nice," has died of stomach cancer at age 70. Marks smuggled marijuana in the 1970s and 1980s before being arrested and imprisoned in the United States. His 1996 memoir, "Mr. Nice," brought him to broader public attention, and he continued to campaign for marijuana legalization until his death. 

Guatemala Marijuana Legalization Bill Filed. Deputy Alvaro Velasquez has introduced a bill that would legalize and regulate the use, possession, cultivation, distribution, and commercialization of marijuana. The bill would legalize the weed for people 18 and over and regulation would be in the hands of the Ministry of Public Health and Social Assistance.  Velasquez is a member of the National Convergence Front, whose presidential candidate, TV comedian Jimmy Morales, won the 2015 election.

 (This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

 

 

 

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

Last year, in one of the Roberts' court's rare decisions not siding with law enforcement, the US Supreme Court ruled that police could not detain people pulled over for traffic violations in order to await the arrival of a drug-sniffing police dog. Once the traffic violation was dealt with, motorists were free to go, the court held.

"Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures," wrote Justice Ruth Ginsberg for the court's 6-3 majority in Rodriguez v. United States.

That case was a necessary antidote for police practices that evolved after the Supreme Court's decision in Illinois v. Caballes a decade earlier. In that case, the high court held the use of drug dogs during a traffic stop did not violate Fourth Amendment proscriptions against unwarranted searches and seizures because, in the court's rather involved reasoning, people carrying drugs have no expectation of privacy. Unlike the use of infra-red cameras to peer inside homes, which the court disallowed in an earlier case, the use of drug dogs would only reveal drugs, not other intimate details of one's life, so that was okay.

What came after Caballes was repeated reports of people being stopped for alleged traffic infractions on the highway, then forced to wait on the side of the road in a sort of legal limbo ("Am I under arrest?" "No." "Am I free to go?" "No.") for the arrival of a drug dog to conduct a search of their vehicles. Then, when the drug dog would "alert" to the presence of drugs, police had probable cause to search the vehicle, find the drugs, and arrest and charge the driver.

What also came after Caballes was people being arrested, convicted, and imprisoned for drug offenses after being detained for lengthy periods. Asserting that their rights had been infringed by the lengthy detentions, some of them appealed, arguing that the evidence against them should be suppressed because it was unconstitutionally obtained.

The situation festered until the Rodriguez decision was announced. Police would no longer have a free hand to hold people against their will while awaiting the drug dog's arrival. That should have reined in the cops, but it hasn't exactly worked out that way. Instead, two distinct lines of post-Rodriguez drug dog jurisprudence have emerged, one seeking to uphold and strengthen it, but the seeking to find work-arounds for drug-hunting police and their canine helpers.

Representative of Rodriguez's positive impact was last month's Kentucky Supreme Court decision in Davis v. Kentucky. In that case, an officer pulled over Thomas J. Davis for crossing the center line, administered field sobriety tests that Davis passed, then asked for Davis's consent to search the vehicle. Davis refused to consent to a vehicle search, at which point the officer had his drug dog sniff the exterior of the car, despite Davis's protests. The dog alerted, the car was searched, and police found methamphetamine and drug paraphernalia.

At trial, Davis moved to have the evidence suppressed as fruits of an unlawful search, but he lost at the trial level and reached an agreement to plead guilty while preserving his right to appeal the ruling on the motion. He was sentenced to 20 years in prison. The Kentucky Supreme Court reversed the conviction and sent the case back to the trial court.

"As recently clarified by the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), a police officer may not extend a traffic stop beyond its original purpose for the sole purpose of conducting a sniff search -- not even for a de minimus period of time," the state high court concluded. "Under Rodriguez, any nonconsensual extension of the detention beyond the time taken to verify Appellant's sobriety, unless accompanied by additional grounds to believe other criminal activity was afoot, was unconstitutional… With no articulable suspicion to authorize an extended detention to search for drugs, [the officer] prolonged the seizure and conducted the search in violation of Rodriguez and Appellant's Fourth Amendment protections."

"While Davis isn't perfectly clear, it strongly suggests that the use of drug dog without reasonable suspicion a crime has been committed offends the reasonableness clause of the Fourth Amendment, said John Wesley Hall, a Little Rock criminal defense attorney, former head of the National Association of Criminal Defense Attorneys (NACDL), and author of Search and Seizure, 5th Ed.

Keith Stroup, the founder and currently counsel for the National Organization for the Reform of Marijuana Laws (NORML), liked what he saw in Davis, too.

"This is a great decision," Stroup said. "It will help a lot of drivers, but it doesn't totally write drug dogs out. With no articulable suspicion to authorize an extended detention to search for drugs, the police are out of luck."

Police erred in this case, Stroup said, but not in the sense that the court meant.

"The mistake the cops made is that they didn't lie and claim they smelled marijuana," he said. "They will learn very quickly that the first thing to say is 'I smell marijuana.' Then they can at least do a search of the passenger compartment."

Still, Stroup pronounced himself pleasantly surprised at the ruling.

"In some states, the Supreme Court is very law enforcement-oriented and willing to give police the benefit of the doubt. That this came out of Kentucky is promising," he said.

The Kentucky case shows how the courts are applying Rodriguez to protect the rights of motorists, but other post-Rodriguez cases are heading in a different direction. As Hall notes on his Fourth Amendment blog linked to above, various US district and appellate courts are bending over backwards to find ways to allow drug dog searches to continue without any reasonable suspicion a crime is being committed.

"Dog sniff by second officer while first officer wrote ticket didn't extend stop," he wrote describing a case> out of the 7th US Circuit Court of Appeals.

"Dog sniff during the normal computer checks are valid," is how he characterized another case in federal district court in Georgia.

"GA holds that a dog sniff of a car before dispatch confirms ID is valid because it didn't extend the traffic stop," he wrote about another Georgia case.

The upshot of these and similar cases is that they provide an opening for police to get their drug dog searches in simply by delaying what should be routine, quickly accomplished, procedures, such as verifying license, registration, and outstanding criminal warrants. "I severely disagree with that case law," said Hall. "It just offends every sense of justice and privacy. It makes a car a target without any reasonable suspicion whatsoever, and it essentially rewards the cop with the drug dog in his car."

And he scoffs at the reported delays in those routine procedures. "The cops deliberately delay the response," he said. "As fast as these computers are, if it takes more than 60 seconds, it's complete bullshit. Or they call in the drivers' license number and it takes forever for the call to come back, so the cop can sit there and chat with you and try to find excuses to come up with reasonable suspicion.

Clearly, Rodriguez hasn't settled the issue. While law enforcement is now somewhat constrained in the use of drug-sniffing dogs on the highway, police -- and friendly courts -- are working assiduously to find ways to continue to use them. Ironically, the current state of the law could result in not fewer but more drug dogs on the highway, because under some of these rulings, the police officer who has a dog with him can get away with a quick sniff, while the officer who has to call and wait for one to arrive would be out of luck.

And that means the litigation likely isn't over. "The Supreme Court is going to have to take this up one of these days," said Hall. "This whole idea of pulling people over with dogs smacks of Nazi Germany."
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A Vermont House committee has changed the tax and regulate marijuana legalization bill into a two-plant cultivation decriminalization bill, medical marijuana bills get snuffed in Nebraska and South Carolina, interest in asset forfeiture reform continues, and more.

Marijuana Policy

DEA to Review Marijuana Classification. The DEA will decide whether to reclassify marijuana "in the first half of 2016," the agency said in a letter to US senators. The agency was responding to a 2015 letter from Sen. Elizabeth Warren (D-MA) and seven other Democratic senators, who urged the federal government to make it easier to study marijuana 's medical benefits. Marijuana is currently placed in Schedule I, along with heroin and LSD, as a drug with a high abuse potential and no medical uses.

California Report Calls for Strict Rules on Growers, Drivers. The Public Policy Institute of California has released a report calling for tight regulatory oversight of legal marijuana cultivation, sales, and distribution as well as highlighting the need to ensure that drivers are not impaired. "California should err on the side of more restrictive regulation," said report co-author Patrick Murphy. But California NORML disagrees, saying that "restrictive regulations will only divert business to California's robust unregulated gray market."

Maine Court Rules in Favor of Legalization Initiative on Signatures Issue. A Kennebec County Superior Court judge ruled Friday that the state may have improperly invalidated thousands of petition signatures because it rejected petitions without actually reviewing all of them. The secretary of state's office must now review all the disputed petitions and place the measure on the November ballot if it finds enough signatures were gathered. The state had invalidated more than 17,000 voter signatures because it said the notary's signatures on the petitions didn't match the signature it had on file. That was enough to disqualify the initiative.

Vermont House Committee Changes Legalization Bill to Cultivation Decrim Bill. The House Judiciary Committee Wednesday dramatically rewrote Senate Bill 241, turning the tax and regulate legalization bill into one that would only decriminalize the cultivation of up to two marijuana plants. Committee Chair Rep. Maxine Grad (D-Moretown) said it became clear that she didn't have the votes to pass the Senate version. If the new House version passes, it would have to be reconciled with the Senate version. The Senate legalization bill had no provision for home cultivation.

Medical Marijuana

Nebraska Medical Marijuana Bill Killed. The bill, LB 643, failed Tuesday night when it was filibustered on the second round of consideration and sponsor Sen. Tommy Garrett (D-Bellevue) fell three votes short of ending the filibuster.

South Carolina Senate Committee Kills Medical Marijuana Bill. The Senate Medical Affairs Committee voted 7-4 Thursday to kill Senate Bill 672, the Medical Marijuana Program Act. "This is a bad idea. It's a pathway to recreational usage," said Sen. Mike Fair (R-Greenville).

Asset Forfeiture

Alaska House Committee Rewrites Asset Forfeiture Bill. The House Judiciary Committee has approved a stripped-down civil asset forfeiture bill. The originally broad-ranging bill has now been reduced to only abolishing non-criminal forfeitures, and now heads to the House Finance Committee. The Judiciary Committee said it will work on a broader reform bill for the next session, but wanted to get something passed this year.

Delaware Bill to End Civil Asset Forfeiture Filed. A bipartisan group of legislators Wednesday filed a bill to end civil asset forfeiture in the state. "In America, the government should not be able to take your property unless they can prove you did something wrong," Sen. Colin Bonini, (R-Dover) said at a news conference.

Nebraska Asset Forfeiture Bill Stays Alive. A bill to restrict property seizures from people not convicted of a crime has won second-round approval after lawmakers amended it to address law enforcement concerns. The amendments will allow state law enforcement agencies to continue to participate in the Justice Department's Equitable Sharing program, which allows local police to end-run state laws that direct seized funds into the general fund or other specified funds. Under the federal program, the feds keep 20% and the local agency gets 80%. The bill is LB 1106.

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An Oklahoma sheriff and his deputy went a bit too far with asset forfeiture efforts, a Louisiana sheriff and his narcs went a bit too far in mistreating prisoners, and more. Let's get to it:

In Abingdon, Virginia, a Washington County jail guard was arrested March 22 on charges he was smuggling drugs into the jail. Guard Justin Andrew Brown, 22, went down after officials were tipped that a guard was smuggling contraband. Brown now faces charges of intent to distribute an imitation controlled substance, conspiracy to distribute a Schedule II drugs, and attempt to deliver drugs to a jail. He was jailed at the same place he worked until he made bail days later.

In Berkeley Township, New Jersey, an Ocean County juvenile justice officer was arrested last Tuesday as she allegedly prepared to make a heroin sale in parking lot near an elementary school. Erica Kotelnicki, 35, is charged with heroin distribution. A search of her home yielded more heroin, cocaine, scales, and cash. She has been suspended without pay.

In Columbus, Indiana, a former Columbus police narcotics supervisor was arrested last Wednesday on charges he stole drugs from the evidence room. Jeremy Coomes, 38, supervised the Columbus Police Narcotics Unit until October 2015, when an audit turned up various discrepancies, including missing drugs. An Indiana State Police investigation pointed to Coomes, who they said took drugs and sometimes replaced them with different items. He faces a number of charges, including possession of methamphetamine, possession of cocaine, theft, and official misconduct.

In Wagoner, Oklahoma, the Wagoner County sheriff and a deputy were arrested last Thursday over their efforts to use civil asset forfeiture to take $10,000 from a motorist. Sheriff Bob Colbert and Deputy Jeffrey Gragg claimed they were going by the book in seizing what they claimed were drug proceeds, but a grand jury disagreed, indicting them on conspiracy, bribery, and extortion charges. Colbert and Gragg pulled over a driver and his passenger, then arrested them for "possession of drug proceeds" when they declared they owned the cash. The driver then asked what he could do to stay out of jail and Gragg told him that the only way he was "going to go home was to disclaim his ownership in the $10,000." The sheriff and his deputy then released the pair and deleted records of their arrests. The money was placed in the sheriff's asset forfeiture fund.

In Edcouch, Texas, a former Edcouch police officer was arrested last Friday on charges he took cocaine from a March 2013 drug seizure. Vicente Salinas allegedly switched out four of 15 bundles of cocaine that had been turned over to the Hidalgo County Task force. No word on what the official charges are.

In New Orleans, a ninth Iberia Parish sheriff's deputy pleaded guilty last Thursday in a growing investigation into the sheriff's office. Deputy Jeremy Hatley pleaded guilty to deprivation of rights and making false statements in a case that centers around the repeated beating of inmates by deputies, including six former department narcotics agents. The deputies who copped pleas are expected to testify against Iberia Parish Sheriff Louis Ackal and Lt. Gerald Savoy, who had initial court appearances last week.

In Leesburg, Virginia,a former Loudon County sheriff's deputy was found guilty last Thursday of stealing $229,000 from the department's asset forfeiture program. Frank Pearson, 45, was found to have been sticking his hand in the cookie jar for more than a decade, even though he bizarrely claimed to have no memory of doing so. He's looking at up to 10 years in prison.

In Miami, a former Miami Police officer was sentenced last Friday to nearly four years in state prison for taking money for offering protection during drug deals. Jose Maldonaldo Dick, a seven-year veteran of the force, had been charged with two counts of armed cocaine trafficking, which is punishable by up to life in prison, but copped to a single count of providing protection for a drug dealer and being paid to do so. Dick has already spent 18 months behind bars awaiting trial.

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you guys have no idea. its a really big thing but this is once again one of those side effects of the drug situation where the NY Times is a bit late to the dance but I am both greatful and upset about this article and Ill explain.

It's been awhile but allow me to just remind some people that I am the guy who is an often homeless heroin lover in the LES, I have been involved in online drug reform communities now since about 2011 I'd say which is to say when I was last dealing with a serious arrest. It was at that time that I was lucky enough to realize all those ridiculous guilt questions us users tell ourselves "this is the last time" when it really isnt, "i dont want to do this anymore" when I really do, etc, when those burdens were taken away from me and I realized I love shooting dope, I dont ever want to stop, and the fact that I dont think that there's absolutely anything wrong with that. I wanted, at the time, to find out as much as I could about the drug itself and the prohibition of it, the history, the chemistry, everything. And I've met lots of great people, friends really, through this world online.

 

But in my real life, things have been hectic, as you can imagine, trying to procure lots of money everyday its a very difficult thing to do, and as you may know from experience, there really is no days off with this, lol.

 

So being homeless and when I say that, I mean, yes, homeless, meaning when you find out the real definition of starving, like when you actually have physical pain from lack of food and water, but at the same time, if you should ever pay for any food or water you will hate yourself because that dollar couldve been used for what you really want. And yes, at night, before bed, scrounging the streets in the LES for cardboard to sleep on, I know some people have said to me, "whats up with the cardboard, why always cardboard" and I guess if you dont think about it, or whatever, it seems strange but its because the concrete is painful to sleep on the cardboard is a buffer and it makes an insane difference when you sleep on the ground. Panhandling without a dog or girl to make you any decent money, its the life man.

 

So this NY Post story. Its a shame but its so true. And it is actually one of the main main things I and so many of my friends would be worried about out there.

 

You see, and especially in the summer, what these undercovers are doing, its not at all uncommon. The area is known for its homeless drug users. And while you sitting infront of McDonalds or Two Bro's pizza or wherever you are, spanging that money, you will be approached, for me there was a period where it was happening everyday and you have to understand what it means.

 

Because for me, not having had a dog, being good looking, not having a girl to spange with or for me, it would take an average of 4 hours to make 10 dollars and if youre sick because A. you didnt do anything in awhile or B. the stuff was just awful and had no legs or whatever, that is a brutal 4 hours and its depressing as hell. Some homeless people have been out there for years and its so degrading a feeling and just miserable that they still wont spange/panhandle. But you dont necessarily have to be spanging or panhandling for this to happen as the article says. They will come up to you. That cop IS A LIAR to say that she "randomly" approached a "random table" in that McDonalds. I am telling you, you piece of garbage woman, and believe me, I think I know who you are too, atleast what you look like, you kinda chubby blond piece of garbage.

 

Its such a relief when someone approaches you saying they need something and can you help them. Because, unlike the NY Times article, the rule is you will get a bag for doing it. Look, theres ABSOLUTELY NO WAY anybody is doing it for less than a bag, and to be honest its actually still 50/50 because depending on your mood or how bad things have been you may just totally beat the person and take all their money and run. I can say Ive only ever done that once when the guy refused to even give me 5 bucks for what i was doing. But anyway, yeah so it happens alot but yes, there are cops coming up to you and the NYPD has been doing this for YEARS.

 

I will never forget the summer of 2013. It was a very busy year in NYC homeless druggie world. The past few summers not many people have shown up, not as many as used to anyway, some have died, some have changed their lives, whatever but that year was crazy because so many people came in and some got out of jail and some were new etc. That was the summer we had to deal with the Big Lebowski, as we called him. You still hear once and awhile that he comes around but lets give the devil his due this guy got so many people it was insane and let me tell you something NOT ONE OF THE PEOPLE THAT HE GOT WAS A SERIOUS DRUG DEALER. NOT ONE. HE DID NOTHING BUT BUST HARDCORE USERS, *USERS* and the NYPD glorified in this and what they were doing. Locking up NON VIOLENT, low level users already in the depths of depravity and pain and hell and just destroying life after life.

 

He started off with Mark and Mary. Everybody loves Mark, hes a loveable guy hes a funny dude too but hell do anything and so he didnt really ask alot of questions. He got them then he got Charlie Brown and someone Im not gonna name. The next one was gonna be me, he used this persons name, he used all those names matter of fact, and usually when people do that, you think, oh so they know so and so who I saw a few days ago and they hooked this person up so theyre ok. He used their names and I thought he was cool. The beautiful thing for me though was, though I was living in the LES, at the time I was copping in BK. He told me he'd done a painting job and had 100 bucks, hed hook me up, he was about to be sick (like the girl in the article) and that his main guy,(the friend i wouldnt name) he couldnt find him. I told him so and so had just got locked up (not knowing he had been the guy to lock up said friend) and he acted. he made this big to do "OH NO! REALLY? SO AND SO GOT BUSTED? NO!!" like wow man you slimy son of a gun.  So I said I'd help him but that wed have to go to BK and his whole demeanor changed. he wanted nothing to do with me then. He couldnt go to BK. Nope. A guy about to be sick, has no other means to get anything, Im willing but we gotta take a subway ride (a simple thing in NYC) I immediately knew something was up. I left him. The funny thing is a little while later that same day I saw him walking with a well known junkie somewhere and he waved at me... maybe thinking hed get me eventually. F that. But that summer he nailed everybody. At least 20 people probably way  more.

 

It's disgusting to use the power of the NYPD to do this. That jurist who wrote that letter to that DA i am SO PROUD of that man. Because this is a war crime, what theyre doing to us.

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