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Asset Forfeiture

Chronicle AM -- March 17, 2014

Asset Forfeiture (STDW) - Mon, 03/17/2014 - 20:51

Alaska state agencies complain that legalization will cost money (and they want some of it), Vermont cops complain the governor is soft on pot, federal prosecutors complain about reforming mandatory minimums, and more. Let's get to it:

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

California Cannabis Hemp Initiative Dead for 2014. The number of active marijuana legalization initiatives in California has dropped to one after the California Cannabis Hemp Initiative failed to qualify for the ballot by its signature-gathering deadline. That leaves only the Marijuana Control, Legalization & Revenue Act, which, barring a miracle, isn't going to make the ballot, either. It needs 504,000 valid voter signatures by April 18, but only has 10,000. The big money is waiting for 2016 in California.

FBI Refuses to Do Washington State Marijuana Industry Background Checks. The FBI is refusing to do criminal history background checks on people applying for legal marijuana licenses in Washington state, even though it has done such checks in Colorado. The agency has balked for the past year at requests from state officials, and refused to tell the Associated Press why. The state has issued three licenses so far; for those, they relied on background checks by the Washington State Patrol, which would catch in-state criminal convictions, but might miss out-of-state ones.

Alaska Agencies Claim Legalization Will Cost Millions. In a new report, Alaska state agencies said that if the marijuana legalization initiative passes there, it will cost the state between $3.7 million and $7 million to implement and enforce the new law. Included in that figure are law enforcement requests for "at least three additional Alaska State Trooper positions to target the illegal diversion and exportation of marijuana lawfully cultivated in Alaska" and nearly $1.5 million for a media campaign to warn of stoned driving and training for troopers to recognize when a driver is high. The report doesn't address increased tax revenues from legalization.

Vermont Cops Accuse Governor of Being Soft on Pot. The Vermont Association of Chiefs of Police, Vermont Sheriffs Association and the Vermont Police Association said in a press release Friday that they are united against efforts for marijuana legalization and that, while they have previously expressed concern about Gov. Peter Shumlin's (D) "tolerance of marijuana," their concerns had been ignored. They also called marijuana "a gateway drug."

Washington Legislature Approves Sale of Hash and Hash Oil. The state legislature has approved a bill that would legalize the sale of hashish and hash oil at state-licensed marijuana retail outlets.House Bill 2304 now goes to the desk of Gov. Jay Inslee (D).

Medical Marijuana

HHS Gives Go-Ahead for MAPS PTSD Research Study. The federal Department of Health and Human Services granted permission Thursday for the Multidisciplinary Association for Psychedelic Studies (MAPS) to purchase research-grade marijuana from the National Institute on Drug Abuse (NIDA) for its planned study of marijuana for symptoms of PTSD. MAPS notes that this is the first time in the 22 years it has been trying to start marijuana drug research that it has actually won permission to purchase marijuana from NIDA. It's not quite a done deal yet, though; the DEA still as to approve. MAPS said it was "optimistic" DEA would do so.

Florida Poll Shows Strong Support for Initiative. A University of North Florida poll released Monday has the state's medical marijuana amendment initiative well-positioned to win in November. The initiative has already qualified for the ballot. The poll had 74% of registered voters planning to vote for it. Because it is a constitutional amendment, it will need 60% approval to pass.

Iowa Poll Has Support for Medical Marijuana at 81%. In a new Quinnipiac Poll, 81% of Iowa voters said they would support "allowing adults in Iowa to legally use marijuana for medical purposes if their doctor prescribes it." Even among Republicans, 68% agreed. That's in sharp contrast to a recent Iowa Poll that had only 59% supporting "legalizing marijuana for medicinal purposes."

Michigan Chamber of Commerce Wants No Jobless Benefits for Fired Medical Marijuana Users. Michigan's leading business group is urging the state appeals court to rule out jobless benefits for people who are fired for using medical marijuana. The move comes as the court weighs the cases of people who sought benefits after being fired for using medical marijuana. Lower court judges have ruled in favor of the workers, who argued that they shouldn't be denied benefits after losing their jobs for using marijuana legally under state law.

Arkansas Medical Marijuana Initiative Has 15% of Necessary Signatures. A signature-gathering campaign to put medical marijuana on the November ballot has collected about 15% of the signatures needed to qualify, Arkansans for Compassionate Care said on Thursday. The initiative is one of two gathering signatures this year. It has until July 7 to hand in 62,000 qualified signatures, and has about 10,000 so far.

Nevada Board of Health Approves Dispensary Regulations. The Board of Health gave its approval Friday to rules to regulate new dispensaries. The next and final step is approval by a legislative commission on March 28. A 2013 law allowing dispensaries goes into effect April 1. But even then, there will be a 45-day notice announcing the date applications will be accepted. Once the application period opens, there will only be a 10-day window for accepting them. After the application period closes, the state must make a decision on each application within 90 days of receiving it. And then dispensaries have to grow their supply. Maybe by year's end…

Drug Policy

House Passes Bill to Force President to Enforce Federal Drug Laws. The Republican-controlled US House last week passed the Enforce the Law Act (House Resolution 4138), which would allow Congress to sue the president for failing to execute federal laws. While the bill is a broad attack on the Obama administration, one key supporter, Rep. Bob Goodlatte (R-VA), singled out the "selective non-enforcement" of part of the Controlled Substance Act in medical marijuana and legal marijuana states as a major concern. Democratic Senate Majority Leader Harry Reid (D-NV) said the bill was "dead on arrival" in the Senate.

Law Enforcement

Nevada County Settles Up in Interstate-80 Cash Seizure Cases. Humboldt County, Nevada, where sheriff's deputies developed a habit of stopping travelers on I-80 and seizing their cash through threats of arrest or impoundment even though no drugs were found, has settled a lawsuit over the practice. Two men from whom thousands of dollars were taken sued and have won their money back and attorneys' fees. The county District Attorney's Office also said Friday it had launched an internal review of the county's "forfeiture program," but that it had seen no evidence of illegal stops or other wrongdoing on the part of Sheriff Ed Kilgore or his deputies. The lawsuits claimed the cash seizures were part of a pattern of stopping drivers for speeding as a pretext for drug busts in violation of the Constitution.

Illinois Bill to Ban Kratom Filed. Rep. Dennis Reboletti (R-Elmhurst) has filed a bill to outlaw kratom, a Southeast Asian herb with psychoactive properties. The plant is not banned federally, although the DEA has it on its list of "drugs of concern." Indiana is the only state so far to have criminalized it, designating its active ingredients as controlled substances. The Illinois bill is House Bill 5526.

Sentencing

Some Federal Prosecutors Oppose Eliminating Mandatory Minimums. Attorney General Holder's move to eliminate mandatory minimum sentences for most drug offenders is running into flak from some prosecutors, The Washington Post reported Thursday. They complained that "tough sentencing policies provide a critical tool to dismantle drug networks by getting cooperation from lower-level defendants and building cases that move up the criminal chain of command." The prosecutors spoke out at a hearing of the US Sentencing Commission where Holder endorsed changing federal sentencing guidelines to reduce drug sentences in most cases.

International

NGOs to Address Inter-American Human Rights Commission on Drug Policy and Human Rights. For the first time, the Inter-American Human Rights Commission has granted an audience to hemispheric civil society groups to address the impact of the war on drugs on human rights in the Americas. The audience will take place in Washington, DC, on March 25. Click on the link to see the impressive list of organizations that will participate.

Jamaican Rastas Want Legal Marijuana Monopoly. The newly formed Westmoreland Hemp and Ganja Farmers Association said licenses to grow and sell marijuana upon legalization should be limited to Rastafarians and other poor people, who have been victimized for decades for cultivating the herb. "We will not stand by and watch anybody outside of Rastafari and grassroots people take over this product. And we make no apology," association President Ras Iyah V declared during his address at the launch of the organisation at the MXIII Lawn in Negril on Sunday night. "We are saying this loud and clear to the Government, we are saying it to society, and we are saying it to the international community. Otherwise, we will take to the streets and turn Jamaica upside down -- and we make no apology. Because we not going take baton lick and brutality and all of a sudden now when the legalization aspect come, a some rich people come tek it ova -- people who used to scoff and scorn at the very mention of the herb name ganja," he added. "The WHGFA's objectives are to make sure that those who have paid the price -- who have been going to jail, going to prison, getting the baton licks, who have been planting the herb and it get cut down by police and soldiers, and yet have been persistent with this product -- that the rights of these individuals are protected."

Mexico Moves to Rein In Anti-Cartel Vigilantes. Leery of having created a Frankenstein monster, Mexican authorities moved last week to put anti-cartel vigilante groups on notice that their illegal tactics will no longer be tolerated. Locals who saw the vigilantes as saviors from cartel extortion and threats now complain of similar behavior from the vigilantes, and the government says it now no longer needs them. Several vigilante leaders have been arrested on murder and other charges.

Categories: Asset Forfeiture

CN BC: Contraries Of B.C. Civil Forfeiture

Asset Forfeiture (MAP) - Fri, 03/14/2014 - 07:00
Maple Ridge News, 14 Mar 2014 - Critics Call for Review of 'Flawed' Legislation The lush rural property near Webster's Corner was a retirement plan for the elementary school teacher. Purchased in 2003, Penelope Carlson boards horses on a paddock amongst tall Douglas firs and cedars.
Categories: Asset Forfeiture

Chronicle AM -- March 3, 2014

Asset Forfeiture (STDW) - Mon, 03/03/2014 - 22:13

DC should decriminalize tomorrow, New Mexico looks to expand its medical marijuana program, harm reduction bills move in a couple of states, Mexican police repress a pro-El Chapo demonstration, and more. Let's get to it:

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

DC Decriminalization Bill Expected to Get Final Vote Tomorrow. The District of Columbia city council is expected to give final approval tomorrow to a bill that would decriminalize the possession of up to an ounce of weed, with a $25 fine. It has the support of eight of 13 council members, so it should be a done deal, but stay tuned tomorrow.

Legalization Bill Introduced in Florida. State Sen. Dwight Bullard (D-Orlando) has introduced a legalization bill in the Sunshine State. Senate Bill 1562 was filed Friday. The proposal comes as Florida voters prepare to cast ballots in November on legalizing medical marijuana. Also, lawmakers are considering proposals to legalize a marijuana extract that can help some children who have a form of epilepsy and suffer from severe seizures.

Medical Marijuana

California Statewide Regulation Bill Has Support of Cops, Cities. For the first time, California law enforcement and local government associations are backing legislation to regulate the medical marijuana industry. The California Police Chiefs Association and the League of California cities are supporting Senate Bill 1262, filed by Sen. Lou Correa (D-Santa Ana), but the bill is opposed by friends of medical marijuana, who object to its provisions setting limits on doctors who recommend it.

New Jersey Annual Medical Marijuana Reports Out. The state Department of Health has released the 2013 Annual Report and the 2013 Biennial Report on the status of the state's medical marijuana program. The state has 1,585 active registered patients, 121 active registered caregivers, and six registered dispensaries. Both reports are at the link.

Massachusetts Caregiver Flouts Regs, Grows for More than One Patient. Longtime Bay State marijuana activist Bill Downing has gone public with his flouting of the state's medical marijuana regulations. He says he is providing medical marijuana to some 350 patients, but state regulations say he can be a caregiver for only one. Downing says it's the regulations that are in conflict with the state's medical marijuana law, not him. "The regulation violates the statute. The statute allows for caregiving. The regulation does not," he said. And the state Health Department knows what he is up to, he added.

New Mexico to Address Medical Marijuana Shortage, Adds New Conditions. Acknowledging that a shortage of medical marijuana exists in the state, the Department of Health Friday proposed increasing the number of plants and seedlings that licensed producers can grow and opening the application process to allow more producers to apply for licenses. There are only 23 licensed producers in the state, and demand is rising. Under the proposals announced Friday, producers would be able to boost their crop from a total of 150 plants and seedlings to as many as 150 mature plants and 300 seedlings. The state would also be looking to add another 12 producers to the list. The number of patients in the state jumped to more than 10,000 last year, an increase of 1,200 over the previous year. The department also announced it was adding Parkinson's and Huntington's diseases to the list of qualifying conditions to get into the program.

Solid Majority Favors Medical Marijuana in Iowa Poll. Nearly six out of 10 Iowans (59%) support legalizing medical marijuana, according to the latest Iowa Poll. But only 28% support legalization. Medical marijuana bills are introduced in the legislature every year, but have yet to go anywhere.

Harm Reduction

Overdose Reversal Drug Bill Moving in Ohio. A bill that would expand access to the opiate overdose reversal drug naloxone (Narcan) remains alive after the House voted to concur in changes made to it in the Senate. Substitute House Bill 170, sponsored by Rep. Terry Boose (R-Norwalk) has an emergency clause and will go into effect immediately upon signature by Gov. John Kasich (R).

Good Samaritan 911 Bill Moving in Georgia. A bill that would provide limited immunity from prosecution on drug charges for people who seek emergency treatment for drug overdose victims has passed the House. House Bill 965, also known as the Georgia 911 Medical Amnesty Law, now awaits action in the Senate.

Asset Forfeiture

Asset Forfeiture Reporting Bill Gets Hearing in Maryland. A bill that would require police to report the type of property seized, the crime with which it is supposedly linked, and the disposition of any related criminal cases has been heard in the Maryland Senate. Senate Bill 468, sponsored by Sen. Christopher Shank (R-Washington County), got a hearing last week in the Senate Judicial Proceedings Committee, but no vote was taken.

International

Mexican Police Arrest 40 in Pro-El Chapo Guzman Demonstration in Culiacan. Police in Culiacan, Sinaloa, arrested about 40 people Sunday who were planning to demonstrate in support of captured Sinaloa Cartel leader Joaquin "El Chapo" Guzman. About 150 supporters had gathered at the shrine to Jesus Malverde, informal patron saint of drug traffickers, in Culiacan, and about 40 were arrested when they refused to disperse. Some shouted "Long live Chapo." More than a thousand people marched for Guzman in Culiacan last week, and police wanted to prevent a repeat of signs of public support.

Drug Reformers Head to New Zealand for Conference on Regulating Legal Highs. Drug reformers from around the globe are heading to Auckland later this month to discuss the Psychoactive Substances Act and advocate further drug reform. The Pathway to Reform conference will take place on March 20.

Conservative Norwegian MP Charged in Hash Scandal Case. Erik Skutle, the Conservative Party member of parliament who took Prime Minister Erna Solberg's seat when she took the leadership position, has been charged with hashish use in a case that has embarrassed his "zero tolerance" political party. He was charged Thursday, a day after he publicly proposed decriminalizing cannabis possession as the scandal emerged. But it looks like he will retain his seat in parliament.

Categories: Asset Forfeiture

US GA: OPED: Georgia's Dirty Secret: Asset Forfeiture

Asset Forfeiture (MAP) - Sun, 03/02/2014 - 08:00
Savannah Morning News, 02 Mar 2014 - There's no doubt that Georgia's law enforcement officials dislike strings that restrict civil asset forfeiture, which is the power of law enforcement to seize and keep property suspected of being involved in criminal activity. They've told state legislators that, time and again. For the rest of Georgia, however, it's a problem.
Categories: Asset Forfeiture
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