Executive Branch

RSS Feed for this category

Chronicle AM: MA Legal MJ Bill Heads to Gov, DOJ Restarts Forfeiture Sharing, More .... (7/20/17)

Massachusetts lawmakers approve the legal marijuana bill, the Justice Department officially resurrects "adoptive sharing" for asset forfeitures, Gallup says more Americans have smoked pot than ever, and more.

California is on the verge of approving a state law to allow supervised injection sites to operate in the state. (vch.ca)
Marijuana Policy

Gallup Poll Has Number Who Say They've Used Marijuana at All-Time High. Some 45% of American adults have tried marijuana, according to Gallup. That's an all-time high, and it's more than ten times the number (4%) who admitted smoking pot in 1969, the first year Gallup asked the question. About 12% said they currently use marijuana.

Massachusetts Legislature Approves Compromise Legalization Bill. The House and Senate both approved a compromise measure to implement marijuana legalization Wednesday. House Bill 3818 now heads to the desk of Gov. Charlie Baker (R), who is expected to sign it. The bill increases taxes from 12% to up to 20%, and would allow authorities in localities that didn't vote in favor of the legalization initiative to ban pot businesses without a popular vote.

Medical Marijuana

Texas Bid to Expand Medical Marijuana Defeated. An effort to expand medical marijuana in the state was stopped by the House State Affairs Committee Wednesday. Rep. David Knoll (R) had tried to add an amendment to a special session bill authorizing the Texas Medical Board and other agencies, but the amendment never got enough support to come up for a vote.

Asset Forfeiture

Justice Department Brings Back Aggressive Asset Forfeiture Policy. As Attorney General Sessions vowed earlier this week, the Justice Department on Wednesday formally unrolled a revamped "adoptive forfeiture" policy that will allow state and local law enforcement agencies to hand drug cases over to the feds to ensure that the cops get the great bulk -- 80% -- of the proceeds from seizures, in many cases doing an end-run around state asset forfeiture law. The program was halted by then-Attorney General Eric Holder in 2015 after a rising outcry over abuses. The move was praised by law enforcement but criticized by civil rights groups and even some members of Congress.

Heroin and Prescription Opioids

Rhode Island Governor Signs Package of Bills to Fight Opioid Epidemic. Gov. Gina Raimondo (D) Wednesday signed into law three bills aimed at the state's opioid problem. One allows law enforcement to access an electronic prescription database without a warrant, one requires doctors to discuss the risks of addiction with patients when prescribing opioids, and one expands the kind of drugs that can be electronically prescribed. "Every Rhode Island community has been touched by this crisis, and I'll take every step I can to fight back," Raimondo said in a signing statement.

Harm Reduction

California Safe Injection Site Bill Awaits Senate Floor Vote. A bill that would allow supervised injection sites in the state has already passed the Assembly and has now been approved by both the Senate Health Committee and the Public Safety Committee. Assembly Bill 186, sponsored by Assemblywoman Susan Talamantes Eggman (D-Stockton) now awaits a Senate floor vote. If the bill passes, it will go back to the Assembly for concurrence, and then to Governor Jerry Brown's desk.

Chronicle AM: MA Solons Reach Legalization Accord, Sessions Wants More Forfeiture, More... (7/18/17)

Bay state lawmakers come together on implementing marijuana legalization, Jeff Sessions signals a ramped up asset forfeiture effort, DanceSafe is offering fentanly test strips, and more.

Fentanyl test strips being offered for sale by the harm reduction group DanceSafe (dancesafe.org)
Marijuana Policy

Massachusetts Lawmakers Reach Agreement on Legalization Implementation Bill. Lawmakers announced Monday they had agreed on a rewrite of the state's voter-approved marijuana legalization law. Under the deal, taxes on pot could reach 20% (up from the 12% approved by the voters, down from the 28% proposed by the House). The measure, House Bill 3818, also addresses the issue of local control by requiring jurisdictions where a majority voted for the initiative to hold a popular vote before banning marijuana businesses; jurisdictions that didn't favor the initiative could ban such businesses without a popular vote.

Pennsylvania Auditor General Renews Call for Legalization. Auditor General Eugene DePascuale (D) came out in support of marijuana legalization earlier this year, and he was at it again this week. Now, he's arguing that legalization could help in fighting the opioid epidemic."So the connection I'm drawing there is: there are times when there are going to be people who will smoke marijuana as a way to reduce their pain," DePasquale said. "The ideal would be for nobody to have any pain, but that's not reality. In many instances, marijuana is a much safer alternative than opioids."

San Francisco Creates Office of Cannabis for Pot Businesses. The city has taken initial steps to create a new Office of Cannabis to handle marijuana permits and complaints and serve as a clearinghouse for the public and pot businesses. It will be responsible for creating and managing the permitting process for all pot businesses, as well as providing policy analysis and serving as the main point of contact for businesses, state regulators, and the public.

Asset Forfeiture

Attorney General Sessions Wants to Ramp Up Asset Forfeiture in Drug Cases. Attorney General Jeff Sessions said on Monday that the Dept. of Justice will seek to increase the use of asset forfeiture by state and local police forces. Sessions said in prepared remarks for the National District Attorney's Association meeting, "We hope to issue this week a new directive on asset forfeiture -- especially for drug traffickers. With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime."

Harm Reduction

DanceSafe is Now Offering Fentanyl Test Strips. The rave culture-oriented harm reduction group has studies various fentanyl detection strips and found that one offered by Canadian company BTNX was most effective at detecting the synthetic opioid and its analogues. It is now offering those strips for sale via its website. Click on the link for complete information.

Jeff Sessions Wants More Asset Forfeiture -- Especially in Drug Cases

Attorney General Jeff Sessions said on Monday that the Dept. of Justice will seek to increase the use of asset forfeiture by state and local police forces.

US Attorney General Jeff Sessions makes another drug warrior move. (senate.gov)
Asset forfeiture is a practice in which police seize cash and property. It has come under sustained criticism in recent years, with critics arguing that it amounts to policing for profit, and state legislatures around the country have moved to rein it in. But Attorney General Sessions is headed in the opposite direction.

Sessions said in prepared remarks for the National District Attorney's Association meeting, "We hope to issue this week a new directive on asset forfeiture -- especially for drug traffickers. With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime."

But it's not just criminals who fall victim to asset forfeiture. Federal law and many states allow the seizure of cash or property without convicting or even charging someone with a crime, a procedure known as civil asset forfeiture. And some fairly significant chunks of money can be involved: As The Washington Post noted, the Justice Department's Inspector General has found that.since 2007, the DEA alone has seized more than $3 billion in cash, in cases in which the owners were never charged with crimes.

While many states allow police to keep the cash they seize, others have enacted legislation directing that forfeiture funds go to the general fund or some other specified fund, depriving law enforcement of a revenue stream to which it had become accustomed. Police in such states evade such laws by turning over seizures to federal law enforcement, which then returns 80% of it to the local law enforcement agencies. The feds and the cops get their money; other state purposes that would have benefited do not.

It's called the Equitable Sharing Program, and that's the "adoptive forfeiture" Sessions referenced in his speech. He was making clear that he intends to undo a 2015 Justice Department memo authorized by then-Attorney General Eric Holder curtailing the practice.

"Adoptive forfeitures are appropriate," Sessions emphasized, "as is sharing with our partners."

That isn't sitting too well with Robert Everett Johnson, an attorney for the Institute for Justice, a DC-based nonprofit that describes itself as "the Law Firm for Liberty."

"This is a federalism issue," Johnson told the Post. "Any return to federal adoptive forfeitures would circumvent limitations on civil forfeiture that are imposed by state legislatures… the Department of Justice is saying 'we're going to help state and local law enforcement to get around those reforms.'"

The move is also drawing criticism from at least one Capitol Hill arch-conservative, Senator Mike Lee (R-UT). In a statement Monday, he told Reason he had serious concerns with a return to aggressive federal asset forfeiture, and he cited Supreme Court Justice Clarence Thomas's remarkable dissent in an asset forfeiture case before the court last month.

"As Justice Thomas has previously said, there are serious constitutional concerns regarding modern civil asset forfeiture practices," Lee said. "The Department has an obligation to consider due process constraints in crafting its civil asset forfeiture policies."

But Attorney General Sessions gave no indication he's going to be slowed down by such considerations. Between his embrace of asset forfeiture, his threatening comments about legal marijuana, and his call for a return to harsh federal drug sentencing practices, Sessions is turning out to be just as bad as reformers thought he would be.

Minneapolis, MN
United States

Chronicle AM: Dark Web Drug Sales Site AlphaBay Busted, Owner Kills Self in Jail, More... (7/14/17)

AlphaBay is history, Nevada moves to ease its legal pot shortage, the White House opioid commission misses a deadline -- again -- and more.

Marijuana Policy

Nevada Regulators Approve Emergency Measures to Ease Pot Shortage. The state Tax Commission voted Thursday to let the Department of Taxation to again determine whether limiting marijuana transport licenses to licensed alcohol distributors would result in a shortage of legal marijuana distributors. If the department does make that determination, it could then award transport licenses to previous medical marijuana distributors. "When businesses operate we get the tax revenue and that's what the state wants," testified Deonne Contine, director of the Department of Taxation. "We need to do everything we can to get more distributors licensed so these businesses can continue operating."

Industrial Hemp

Utah Regulators Give Initial Approval for Hemp Research Grows. The state Agricultural Advisory Board on Thursday gave initial approval to a new rule that would allow limited marijuana cultivation for research purposes. The rule would allow anyone with a permit to grow industrial hemp. State universities are already able to cultivate hemp for research purposes under the 2014 federal Farm Bill, but this rule now expands who can grow the plant. The rule is open for public review through the summer and if finalized, would allow the state to begin issuing permits next January.

Heroin and Prescription Opioids

White House Opioid Commission Again Misses Deadline. The president's Commission on Combating Drug Addiction and the Opioid Crisis, led by New Jersey Gov. Chris Christie (R), will miss a second deadline for filing an interim report. Under a Trump executive order establishing the commission, the panel had until June 27 to file its interim report, but failed to do so and said it would on July 17. Now, in a notice printed in the Federal Register Friday, the commission said it would reschedule its July 17 call until July 31, again missing its deadline. The commission has until October 1 to issue a final report.

Law Enforcement

Dark Web Giant AlphaBay Busted, Owner Hangs Himself in Thai Jail. AlphaBay, one of the largest drug sales websites on the Dark Web, has gone dark. It wasn't, as some suspected, a scam and rip-off by the owners, but the result of a joint law enforcement operation by police in Canada, the US, and Thailand. Canadian citizen Alexandre Cazes, identified as AlphaBay's owner, was arrested July 5 in Thailand, where he owned three luxurious homes. He was found hanged in a Thai jail cell Wednesday.

Chronicle AM: Vets MedMJ Vets Advances in Senate, Drug War Bill Advances in House, More... (7/13/15)

Congress is dealing with medical marijuana and drug policy issues, legalization advocates call on New Hampshire's governor to kill a marijuana study commission bill, Rhode Island's governor issues an executive order dealing with the state's opioid crisis, and more.

VA docs could recommend medical marijuana for veterans under legislation moving in the Senate (Sonya Yruel/Drug Policy Alliance)
Marijuana Policy

Alaska's Largest City Wants Social Consumption at Pot Shops. The Anchorage Assembly on Tuesday urged the state Marijuana Control Board to allow tourists and locals to smoke or otherwise consume marijuana at retail stores. The move comes as the board is set to meet in Fairbank later this week. The board is expected to examine several proposals related to consumption in pot shops at that meeting.

Montana Man Challenges State's Standard for Marijuana DUIs. A Billings man facing a vehicular manslaughter charge for an accident while he was allegedly under the influence of marijuana is challenging the state's de jure standard of 5 nanograms of THC per milliliter of blood. Kent Roderick Jensen and his attorney argue that the standard is arbitrary and the charge should be dismissed. "There is no science to back up the 5 ng/mL level as a level that indicates impairment in a sizable enough portion of users to make it a standard for everyone," his attorney wrote in a motion seeking dismissal. The judge in the case has heard oral arguments and received written briefs, but has yet to make a decision.

New Hampshire Governor Should Veto Marijuana Study Commission, Reform Advocates Say. Advocates sent a letter to Gov. Chris Sununu (R) asking him to veto House Bill 215, a bill that would create a study commission to consider marijuana legalization and regulation. The letter, which was signed by leading advocates including the bill's prime sponsor, Rep. Renny Cushing (D-Hampton), notes that, "The commission envisioned by the final bill includes numerous vocal opponents, such as the Association of Chiefs of Police and New Futures, but it does not include any known supporters." The House version of the bill included a representative of the American Civil Liberties Union of New Hampshire and a representative from the Marijuana Policy Project, which would have added some balance to the commission, but the Senate removed those prospective members from the bill.

Wisconsin Lawmaker Files Legalization Bill. Rep. Melissa Sargent (D-Madison) on Thursday announced she would file a marijuana legalization bill. There are no details on it yet. This would be the fourth time she has filed a similar bill.

Medical Marijuana

US Senate Panel Approves Medical Marijuana for Veterans. The Senate Appropriations Committee voted on Thursday to adopt an amendment that would allow military veterans to get medical marijuana recommendations through the Department of Veterans Affairs. The bipartisan measure picked up four more votes than last year in the committee. Then, it was approved by the full House, but killed in conference committee.

Heroin and Prescription Opioids

Rhode Island Governor Signs Executive Order Dealing With Opioid Crisis. Gov. Gina Raimondo (D) was joined by White House acting drug czar Richard Baum on Thursday as she signed an executive order aimed at curbing the "alarming rate of deaths" due to opioid overdoses. The 18-point order includes directives calling for a family task force on impacts of opioid use, expanded access to "sober" homes for people in recovery, and the creation of diversion programs to keep people out of the criminal justice system, among others.

Drug Policy

House Judiciary Committee Approves Bill that Gives Attorney General Sessions Unchecked Power to Ban New Drugs and Set Criminal Penalties. The committee on Wednesday advanced legislation that greatly expands the penalties for new drugs and gives Attorney General Sessions unilateral new powers to schedule drugs. Opponents warned that the legislation is a counterproductive approach to the opioid crisis that will exacerbate mass incarceration and enable Attorney General Sessions to ban hundreds of substances and prosecute people with long federal prison terms in violation of the new drug laws. The measure is House Resolution 2851, the "Stop the Importation and Trafficking of Synthetic Analogues Act of 2017," or "SITSA."

International

Colombia's Coca Crop Substitution Program Faces Same Old Obstacles, Report Finds. A new report from the Colombian Ideas for Peace Foundation casts doubt on the government's ability to eradicate 250,000 acres of coca plantings, saying a vacuum left by the demobilization of leftist FARC guerrillas has not been filled by the state, but is instead being filled by illegal armed drug trafficking groups and paramilitary formations. That means the state is not providing adequate security measures and sustainable alternatives in areas historically hit hardest by decades of armed conflict.

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

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.

Attorney General Sessions showed up at DARE to slam Obama-era drug reforms. (senate.gov).
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."

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

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.

Colombian coca cultivation jumped last year, the UN Office on Drugs and Crime says. (unodc.org)
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.

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

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.

Civil rights, human rights, criminal justice, and drug policy reform groups are mobilizing to stop a new drug war bill.
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.

Chronicle AM: SD Sued Over Forced Catheterization of Toddler for Drug Test, More... (6/30/17)

The ACLU sues South Dakota over the forced drug testing of a toddler, Detroit residents again sue the dope squad for killing dogs in pot raids, Pennsylvania's governor signs an asset forfeiture reform bill, and more.

Trump's EPA head stops California from setting pesticide regulations for marijuana crops.
Marijuana Policy

EPA Rejects California's Request to Recognize Allowable Marijuana Pesticides. Environmental Protection Agency head Scott Pruitt last week rejected the state's request to recognize acceptable pesticides for pot crops. Pruitt used the fact of marijuana's continuing illegality under federal law to justify the decision: "Under federal law, cultivation (along with sale and use) of cannabis is generally unlawful as a schedule I controlled substance under the Controlled Substances Act. The EPA finds that the general illegality of cannabis cultivation makes pesticide use on cannabis a fundamentally different use pattern."

Medical Marijuana

Pennsylvania Health Department Issues Dispensary Permits. The Health Department announced Thursday it had granted 27 medical marijuana dispensary permits. Each permit holder can open up to three dispensaries. They will be permitted to begin selling medical marijuana in six months. Click on the link for a list of permit recipients.

Asset Forfeiture

Pennsylvania Governor Signs Asset Forfeiture Reform Bill. Gov. Tom Wolf (D) signed into law Senate Bill 8 on Thursday. The bill does not end civil asset forfeiture, but does impose a higher burden of proof on law enforcement before forfeitures can take place, mandate a hearing before any seized real property is forfeited, and add protections for third-party property owners.

Drug Testing

South Dakota Sued Over Forced Catherization of 3-Year-Old for Drug Test. The ACLU of South Dakota has filed a pair of lawsuits over the forced use of a catheter to take a urine sample from a three-year-boy to test for drugs as part of a child welfare investigation. The suit comes in the case of a Pierre woman whose boyfriend violated probation by testing positive for illegal drugs. Child protective workers then told the women her children would be taken away if she did not submit them to a drug test. The federal lawsuit names as defendants the state of South Dakota and the hospital whose employees actually performed the procedure.

Law Enforcement

Detroit's Dog Killing Drug Cops Sued for Third Time. A Detroit couple has filed a civil rights lawsuit against Detroit Police alleging officers needlessly and maliciously killed their three dogs during a July 2016 marijuana raid after officers refused to let them retrieve the animals from the back yard. That brings to three the number of active lawsuits filed against Detroit cops for killing dogs during pot raids. The culprit is the department's Major Violators Unit, which conducts hundreds of raids a year in the city, and which has left a trail of dead dogs in its wake. One officer alone has killed 69 dogs.

Illinois Supreme Court Rules County DAs Can't Form Their Own Dope Squads. The state Supreme Court ruled Thursday the county prosecutors cannot form their own policing units to conduct drug interdiction efforts, including traffic stops. The ruling came in a case involving the State Attorney's Felony Enforcement (SAFE) Unit created by the LaSalle County district attorney. The unit operated for five years, mainly stopping cars on their way to and from Chicago. Previously, state appeals courts had ruled that the units were an overreach of prosecutorial authority, and now the state's highest court has backed them up.

Customs Seizes Childproof Marijuana Lock Boxes, Calls Them "Drug Paraphernalia" [FEATURE]

In a prime illustration of the perversities of the war on drugs, US Customs has seized a shipment of a thousand lock boxes aimed at allowing marijuana, tobacco, and pharmaceutical users to keep their stashes safe from kids. Customs has officially designated the boxes as drug paraphernalia, even though everyone involved concedes the boxes are aimed at preventing drug use by kids.

The stash cases were designed by and destined for Stashlogix, a Boulder, Colorado, firm established in the wake of marijuana legalization in the state in 2012 to address a mini-panic over news reports about the dangers of marijuana for kids. Those reports were generally overstated, but the need for secure stashes for pot and other potentially dangerous goodies remained.

"People didn't have ways to safely store these items out of reach of kids, other than up on shelves or in sock drawers," Stashlogix cofounder Skip Stone told the Washington Post. So he and a partner founded the company to market cases and containers "for the storage and transport of medicine, tobacco, and other stuff."

The company's small, lockable cases, with tiny jars and odor-neutralizing inserts included, were a hit with customers. "People love the product," Stone said. "They use it for all sorts of things, but cannabis is definitely one of them. They keep it locked, they feel safer, they feel more responsible."

So the company geared up production, placing orders with a Chinese factory, but things came to a crashing halt on April 28, when Customs seized 1,000 of the storage cases.

"This is to officially notify you that Customs and Border Protection seized the property described below at Los Angeles International Airport on April 28, 2017," read a letter received by Stashlogix. The agency had seized the bags, valued at $12,000, because "it is unlawful for any person to import drug paraphernalia."

Stashlogix's childproof pot lock box
When challenged by Stashlogix, Customs conceded that "standing alone, the Stashlogix storage case can be viewed as a multi-purpose storage case with no association with or to controlled substances," but it pointed out that the odor-absorbing carbon inset could be used to hide the smell of weed, and it cited favorable reviews of the product in the marijuana press, concluding "that there exists one consistent and primary use for the Stashlogix storage cases; namely, the storage and concealment of marijuana."

The federal government doesn't officially recognize the legality of medical or recreational marijuana, and Customs is following decades-old drug war paraphernalia laws to achieve a perverse result: Making marijuana potentially riskier in places where it is legal. After all, half of current pot smokers are parents, and this application of federal policy is making it more difficult for them to keep their kids out of their stashes.

Stone is appealing the ruling, but in the meantime, he's had to write off an additional $18,000 worth of goods still outside the country and lay off his three employees. He's looking for a domestic manufacturer for his cases, since Customs can't mess with domestic goods and the DEA hasn't made paraphernalia a high priority, but the ultimate solution lies in Washington.

"It's going to take an act of Congress to clear up some of these contradictions between state and federal law," he told the Post. "These paraphernalia laws are outdated. Keeping kids safe should be more important than outdated regulations."

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School