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Hey ResponsibleOhio,

To the corporate investors: if you're concerned about your money, I feel bad for you, honestly.  It's the first time I've ever seen Corporate America ever lift a finger for the legalization movement, and I hate to see you "punished" for trying to do  good thing, even if it was motivated by self-interest.

If you feel bad because, you lost, remember: those of us in our fifties have been watching these initiatives go down in flames since we were in high school.  We never thought they would win; it was a message that America was not united behind the Drug War.  The doomed initiates let everyone know we were calling bullshit.  But it was still a kick in the gut to see them lose so badly.  "What is wrong with people?"  I used to wonder.  So, look at it this way: you've passed the hazing!

But if you are concerned about the people, mostly black, in Ohio, who will continue to be oppressed, arrested, violated,and killed in Ohio as a result of your loss then I encourage you to spend more big money on legalization efforts nationally.  Because get real: it's a moral issue, that's what really matters.  I hope you will show some love for the victims of the war on drugs, now that you feel the pain just a tiny bit.  At least you aren't going to jail (right?)

Mark

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It's election day in Ohio, a big money California legalization initiative rolls out, there's another national poll with a majority for pot legalization, Ireland takes big steps toward harm reduction, Germany gets set to deal with medical marijuana, and more. 

Will Ohioans vote for Buddy and Issue 3? The polls close in a few hours. (responsibleohio.com)

Marijuana Policy

Another National Poll Has a Majority for Legalization. A new Morning Consult poll has support for marijuana legalization at 55% nationwide. That's in line with other recent polls showing a majority for freeing the weed, including Gallup (58%), CBS News (53%), and Pew (53%). Click on the link for more details and methodology.

California Initiative With Big Bucks, Key Backers Rolls Out. A legalization initiative backed by tech philanthropist Sean Parker, other deep-pocketed funders, and leading state political figures such as Lt. Gov. Gavin Newsom (D) was filed Monday. The Control, Regulate and Tax Adult Use of Marijuana Act is the latest of a half-dozen initiatives filed in the state. At this early point, it stands the best chance of making the 2016 ballot, given the financial and political clout behind it. Look for a Chronicle feature article later this week.

Ohio Votes on Legalization Today. Voters go to the polls today to vote for or against the controversial ResponsibleOhio legalization initiative, which would create a 10-grower "monopoly" on commercial cultivation. Voters will also have a chance to vote on Issue 2, which is designed to negate the legalization initiative. Late polls had the legalization initiative in a dead heat. Look for a Chronicle story once we have election results.

Vermont Senate Committee to Hold Legalization Hearing Next Week. The Senate Government Operations Committee will take testimony next Tuesday on proposals to legalize marijuana. The hearing is expected to seek answers to questions about how legalization would work. The legislature will consider legalization in the coming session.

Drug Policy

Hillary Clinton Calls for Criminal Justice Reforms. In a speech last Friday, Democratic presidential contender Hillary Clinton called for a series of criminal justice reforms, including a ban on racial profiling, a ban on pre-employment questions about criminal histories, and the elimination of the remaining sentencing disparity between crack and powder cocaine. Bernie Sanders responded that criminal justice reform needs to include marijuana legalization, which he has endorsed.

International

Group of Studies Shows Mass Incarceration for Drugs Growing in Latin America. The Research Consortium on Drugs and the Law today released a series of new studies showing that mass imprisonment for drug offenses has increased across the region. You can read the reports here.

Ireland to Open Supervised Injection Sites, Looks Toward Drug Decriminalization. Irish drugs minister Aodhan O'Riordain said today that the government will open an injection site in Dublin next year, followed shortly by Cork, Galway, and Limerick. He also said he plans to push for the decriminalization of drug possession as part of a "radical cultural shift" in dealing with drug use.

Germany to Set Up Medical Marijuana Agency. The Ministry of Health has authored a draft bill that would allow sick Germans to use medical marijuana, with the substance to be prescribed and to be paid for by health insurers. The bill would not allow patients to grow their own. "It is our goal that in the future, more people in Germany will be able to receive cannabis as medicine than has been the case until now," said federal drugs commissioner Marlene Mortler. She said she wanted the bill pushed through the Bundestag by year's end, so the new law could go into effect next year.

 (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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A leading Republican presidential contender favors letting the states decide on pot policy, another Indian tribe wants to get in on the action, Mexican villagers turn the tables on crooked federal cops, and more.

Donald Trump says let the states decide on marijuana. (wikimedia/gage skidmore)

Donald Trump Would Let States Decide on Legalization. The Republican presidential contender said at a campaign rally Thursday that he supports letting states decide whether to legalize marijuana or not. "I really believe we should leave it up to the states," he said while taking questions at an event at the Nugget Convention Center in Sparks, Nevada.

North Carolina Indian Tribe to do Feasibility Study on Legalizing Marijuana. The Eastern Band of Cherokee Indians passed a resolution Thursday calling for a feasibility study to look into "the issues and impacts associated with legalization of cannabis." The resolution was submitted by tribal members who are part of Common Sense Cannabis.

Asset Forfeiture

Ohio Asset Forfeiture Reform Bill Proposed. State Rep. Robert McColley (R-Napoleon) said Thursday he will introduce a bill to end civil asset forfeiture reform. "Essentially, what [the bill] does is ensure that in order for anybody to lose their property through a forfeiture proceeding, they must first be charged with a crime and then subsequently convicted of that crime," McColley said. "Now, under Ohio law, there is something called provisional title, which essentially means that the state can hold temporary title to the property during the course of legal proceedings if that property is subject to forfeiture. That is still in place, but in order for the final transfer of title to occur, there must be a conviction of the underlying crime that is the basis for the forfeiture."

International

Mexican Villagers Detain Eight Federal Police They Say Work With Drug Cartels. At least 200 residents of a small mining town in Guerrero state have captured and are holding eight federal police officers they say work for the Guerreros Unidos drug gang. The federal police chief said talks were underway with locals to win their release. The incident occurred in Carrizalillo, where the police had arrived on a mission to arrest a local cooperative farming commission leader. They came accompanied by local alleged drug trafficker, and when the cops tried to arrest the local leader, the locals arrested the cops. Click on the link for more sordid details.

&(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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LEAP endorses Ohio's Issue 3, another tribe wants in on the medical marijuana action, a West Virginia mayor calls fro drug decriminalization, backers of Bolivia's president are using coca as campaign contributions, and more.

Evo Morales' backers are contributing coca for the cause. (wikimedia.org)

Marijuana Policy

Marijuana at the GOP Debate. In Wednesday night's debate, only Ohio Gov. John Kasich had an opportunity to answer a question on marijuana legalization, and he's not for it. He said it would send the wrong message to kids and that he had spent years of his administration working "to rein in the problem of overdoses." Texas Sen. Ted Cruz mentioned marijuana, but only jokingly, offering to buy tequila "or even some famous Colorado brownies" for debate moderator Carlos Quintanilla after a heated exchange.

Law Enforcement Against Prohibition Endorses Ohio Legalization Initiative. LEAP has endorsed the ResponsibleOhio Issue 3 legalization initiative as the campaign counts down toward election day next Tuesday. "Legalization will take money away from the cartels, provide funding for public safety and health services, and reduce the violence associated with the illegal drug market. Passage of Issue Three puts us in charge, not the dealers," said retired Cincinnati Police Captain Howard Rahtz. The initiative is also endorsed by national NORML, but has split Buckeye State legalization proponents, some of who especially object to its "monopoly" on commercial grow sites. The initiative would only allow ten, on land owned by the investors who bankrolled the campaign.

Medical Marijuana

Medical Marijuana an Issue in Kentucky Governor's Race. In something of a political oddity, Republican gubernatorial candidate Matt Bevin is supporting medical marijuana, while Democratic candidate and current state attorney general Jack Conway, is opposing it. This issue has been causing fireworks on the campaign trail. The election is next Tuesday. Click on the link for some of the flavor. [Ed: Conway ran campaign ads attacking Rand Paul as "soft on drugs" when the two were competing for the state's open Senate seat in 2010. It's not surprising to see Conway take a regressive stance on medical marijuana.]

Nevada Tribe to Join Medical Marijuana Industry. The Fort McDermitt Paiute and Shoshone Tribe is planning to open a medical marijuana grow facility for economic development reasons. "Jobs to bring our people out of poverty, to create the jobs that we can better our community," said tribal president Tildon Smart. "And the profits would be used for helping out with programs." The tribe said it plans to start growing next spring.

Los Angeles to Stop Giving Tax Certificates to Unpermitted Dispensaries. The city council voted Wednesday to stop giving tax certificates for new medical marijuana dispensaries. In 2013, the city approved Measure D, which banned most dispensaries, but that hasn't stopped them from opening. The city had been issuing tax certificates to them, but the council agreed that it was "insincere" to collect taxes from shops the city was working to shut down. Click on the link for much more detail.

Drug Policy

Charleston, West Virginia, Mayor Calls for Drug Decriminalization. Charleston Mayor Danny Jones told local talk radio Wednesday that reducing crime requires radical changes in the drug laws. "I don't think we're going to be able to arrest our way out of it. I think we're going to have to look at these drug laws," Jones said. "The money you would save from incarcerations, which would be in the multi-billions you could use to help people. The crime there (in the west side of the city) would end overnight if you legalize or decriminalized drugs, but there would have to be a way to get drugs to people who needed them… to end the criminality in it."

Harm Reduction

North Carolina Governor Signs Partial Needle Decriminalization Bill. Gov. Pat McCrory last week signed into law House Bill 712, the Pilot Project/Used Needle Disposal bill. Under the bill, people who tell police they are carrying needles cannot be charged with either paraphernalia or drug possession based on residues in the needles. The bill also allows a handful of counties to undertake pilot needle disposal programs. The effort was led by the North Carolina Harm Reduction Association.

Sentencing

6,000 Federal Drug Prisoners Start Going Home This Weekend. Some 6,000 granted sentence reductions as a result of policy changes by the US Sentencing Commission will be released from prisons and halfway houses beginning tomorrow and going through the weekend. About one-third are foreigners who will be deported, but the other two thirds are going home to US communities. Another 8,500 are eligible for early release in the coming year.

International

Mexico Supreme Court Postpones Marijuana Legalization Case. The country's high court has delayed action on a case arguing that Mexicans have a human right to cultivate and consume marijuana. There is no word on when it will be heard.

Bolivian President's Backers Make Coca Campaign Contributions. Backers of President Evo Morales, a former coca growers' union leader, are providing bags of coca and potatoes for their campaign to seek a constitutional amendment to allow him to seek a third term in 2019. One coca grower union leader said his members had pledged 20 tons of coca to be sold to raise money for the effort. That would raise about $120,000 and, they point out, that coca would not be turned into cocaine.

(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 will appear at https://www.alternet.org/drugs/.

Taking advantage of a 2014 Justice Department memo giving Indian tribes a green light to participate in marijuana commerce, as well as a 2014 congressional vote allowing for industrial hemp pilot programs, Wisconsin's Menominee Tribe earlier this year planted some 30,000 cannabis plants as part of a pilot project with the College of the Menominee Nation.

Last Friday, the DEA came and cut them all down.

The DEA says the plants were marijuana plants; the tribe says they were hemp plants. In either case, tribal officials and marijuana reform advocates don't understand why the grow was raided. Even if it were marijuana, it appears to be an operation well within Justice Department guidelines. And that's leading to some pointed questions about whether the feds have one standard for pot-legal states and another for the tribe-legal jurisdictions.

The memo that allows for marijuana commerce on the reservation includes eight potential enforcement triggers first formulated in a 2013 Justice Department memo (the Cole memo) advising federal prosecutors to lay off of recreational and medical marijuana operations in states where they are legal. Those triggers include diversion to other localities, money going to organized crime, and violence associated with the trade, among others.

The raid came after the tribe allowed a Bureau of Indian Affairs employee and local police to inspect the operation and take plant samples. And that visit came after a meeting between the BIA agent, the local cops, and an assistant US attorney.

According to the DEA affidavit for a search warrant, the samples tested positive for "marijuana," although there was no measurement of THC levels in the plants.

Industrial hemp is high in fiber, but low in THC, with levels at 0.3% or less. Pot produced for the recreational market, by contrast, typically has THC levels of 15% to 20% and beyond. There is a possibility some of the plants could exceed the 0.3% limit, but not by much.

The DEA affidavit also attempted to make a case that the hemp grow was violating those Justice Department triggers. The tribe had hired Colorado cannabis consultant Brian Goldstein to consult on its grow, and Goldstein, along with Tribal Chairwoman Ruth Wapoose, had in fact guided the feds and the local cops on their tour of the operation.

But Goldstein was "white," the affidavit noted, and several other people present appeared "non-native," and some vehicles had Colorado plates. This, the affidavit somewhat tortuously argued, violated the memo's provision about diversion from states where marijuana is legal to those where it is not. It seems to claim that hiring a cannabis consultant from a legal state is equivalent to importing pot from that state.

A field of hemp at sunrise. (votehemp.org)

The affidavit also stretched to assert the operation was setting off other enforcement triggers. The lack of ventilation in a drying room "is a health and safety concern for the community and the individuals associated with the operation, which is a violation of the enumerated priorities listed in the Cole memorandum regarding adverse public health concerns of marijuana cultivation," it argued.

But drying hemp stalks in closed barns is standard practice and is used by farmers around the country, including those who produced legal hemp crops this year in Colorado and Kentucky.

And security personnel guarding the property had guns, leading the BIA agent to question "the ability for the security team to have weapons for protection because it would violate the Cole memorandum."

Now, the grow has been destroyed, any decision on criminal prosecution is in the hands of federal prosecutors, and the tribe and other observers are wondering just what is going on. After all, the Menominee aren't the only tribe to take the Justice Department at its word, only to be raided down the road.

This past summer, the DEA hit two California tribes, the Pit River Tribe and the Alturas Indian Rancheria, seizing 12,000 plants. The feds alleged Cole memorandum violations including financing from a foreign entrepreneur and fears the marijuana would be distributed outside the reservations in ways that violated the state's medical marijuana law. And the US attorney in South Dakota a month earlier refused to agree to lift an injunction barring Oglala Sioux tribal member Alex White Plume from growing hemp, which the Oglala Sioux Nation has legalized.

Are the tribes being held to a different standard than states where it is legal? Has there been a policy shift at Justice? Are individual federal prosecutors going off the reservation?

Menominee Tribal Chairman Gary Besaw doesn't know, but he isn't happy about it.

"I am deeply disappointed that the Obama administration has made the decision to utilize the full force of the DEA to raid our Tribe," he said in a statement after the raid. "We offered to take any differences in the interpretation of the farm bill to federal court. Instead, the Obama administration sent agents to destroy our crop while allowing recreational marijuana in Colorado. I just wish the President would explain to tribes why we can't grow industrial hemp like the states, and even more importantly, why we don't deserve an opportunity to make our argument to a federal judge rather than having our community raided by the DEA?"

Neither was Eric Steenstra, head of the hemp industry advocacy organization Vote Hemp.

"The DEA action in this case is egregious, excessive and presents an unjust prejudice against Indian Country and the rights of sovereign tribal nations," he said. "The Menominee Indian Tribe cultivated their industrial hemp in accordance with Federal Law, per the legislation put forth in the Farm Bill. This is a step backward, at a time when great progress has otherwise been made toward legalizing and regulating industrial hemp cultivation."

In an interview with US News and World Report, tribal law expert Lance Morgan, a member of Nebraska's Winnebago tribe who has worked with tribal governments pondering marijuana operations, said the Cole memorandum guidelines are not being applied consistently and warned the Menominee raid would be remembered as a historic betrayal.

"How can you allow people to buy marijuana in a retail environment in some states and then raid an industrial hemp operation of a tribe? The only difference is that there is a tribe involved," he said. "This odd federal policy of encouraging investment and then raiding the new business sets us back a few decades in federal tribal trust and economic policy."

The raids against tribal pot operations will kill investment in such ventures, Morgan said.

"The new federal policy of 'sort of' allowing tribes to get into the marijuana business is especially cruel and unusual because it encourages investment, but after the investment is made the federal government comes and shuts it down and the investors lose all their money."

Tribal law expert and former head of New York's Seneca Nation Robert Odawi Porter agreed that there is at least the appearance of a double standard.

"This certainly suggests a real divergence in policy approach for Indian country," compared to the pot-legal states, which have been allowed to develop enormous marijuana industries, he said. "It increasingly looks like the Justice Department guidelines are not being interpreted in the same way as they were intended."

It seems like the Justice Department has some explaining and clarifying to do. Can the tribes participate in the new marijuana economy like that states, or not? And does the DEA accept the legal definition and status of hemp? If not, why?

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Presidential contender Bernie Sanders is set to announce his support for ending federal marijuana prohibition at a town hall at George Mason University in Fairfax, Virginia, tonight. He will announce a bill that would remove marijuana from the list of federally controlled substances, end federal marijuana prohibition, and let states set their own policies without federal interference.

"Too many Americans have seen their lives destroyed because they have a criminal record as a result of marijuana use," Sanders said in prepared remarks for the event. "That's wrong. That has got to change."

No other presidential candidate in either party has gone as far as the independent Vermont senator. Democrat Martin O'Malley has called for placing marijuana on Schedule II, but Sanders wants it descheduled. Hillary Clinton has yet to stake out a position on marijuana reform, saying she wants to see how legalization is working in Colorado, Oregon, and Washington first.

The Sanders plan would not make marijuana legal in the states, but would remove the specter of federal interference for those states that choose to change their pot laws. His plan would also let pot businesses in legal states use financial services and take tax deductions currently unavailable to them under federal law.

Sanders is in line with national public opinion on the issue. Support for legalization has consistently polled at 50% or greater in recent years, and a Gallup poll this month had support at its highest level ever, 58%.

"Clearly Bernie Sanders has looked at the polls showing voter support for marijuana legalization," said Michael Collins, deputy director of national affairs for the Drug Policy Action, the political arm of the Drug Policy Alliance. "Marijuana reform was already moving forward in Congress but we expect this bill to give reform efforts a big boost."

Look for Sanders' bill to be filed as early as tomorrow. 

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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Posted by on in Live Industry News

A Houston cop's foot fetish gets him in trouble, a Georgia deputy's meth habit proves problematic, and a New Mexico police chief's greed costs him his job. Let's get to it:

In Lawrenceville, Georgia, a Gwinnett County sheriff's deputy was arrested last Wednesday after police found drugs inside his home. Deputy Trenell Bullock was being served with administrative paperwork when police saw meth and drug paraphernalia in plain view. He has been charged with unspecified drug offenses.

In Santa Fe, New Mexico, the former Springer police chief pleaded guilty last Thursday to helping a deputy steal $7,500 from men they thought were drug dealers, but who turned out to be undercover state and federal agents. Former Chief Leon Herrera admitted to posing as a DEA agent to help his deputy persuade the supposed drug couriers to hand over the cash. He pleaded guilty to impersonating a federal officer, and is now looking at up to three years in prison. His deputy, Vidal Sandoval, has pleaded not guilty to attempting to possess cocaine with the intent to distribute and theft of government money.

In Houston, a former Cypress-Fairbanks school district police officer was sentenced last Wednesday to a year in jail for offering to not charge a woman he caught with marijuana if she let him lick her feet or gave him her underwear. Patrick Quinn, 27, told the victim he had a foot fetish, but he later relented and let her go without any kinky favors. He copped to one count of official oppression.

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