Tag: police state

DEA Agrees To Hold Hearing On Proposed Ban Of Two Psychedelics Amid Pushback From Researchers

The Drug Enforcement Administration (DEA) has scheduled an administrative hearing to get additional feedback from experts about its renewed push to ban two psychedelics after abandoning its original scheduling proposal in 2022.

More than a year after DEA announced its intent to classify 2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine (DOC) as Schedule I drugs under the Controlled Substances Act (CSA), the agency has agreed to hold a hearing before issuing a final rule.

DEA Administrator Anne Milgram signed off on the hearing notice on Thursday. It says that the agency’s administrative law judge will convene the meeting on June 10, at the request of three interested parties, including Panacea Plant Sciences, which had filed a motion contesting the proposed scheduling action last year.

Panacea Plant Sciences founder and CEO David Heldreth told Marijuana Moment on Monday that the company is “prepared to fight the DEA attempt to schedule DOI & DOC.”

“Beyond the scheduling attempt, we believe the DEA administrative law judges and system are unconstitutional,” he said, arguing that there’s legal precedent based on prior Supreme Court rulings. “We expect to file federal challenges to the ALJ prior to the hearing.”

In its notice about the psychedelics ban last year, DEA said its arguments about the merits of the scheduling action remained the same as in its prior abandoned ban attempt. It is maintaining that DOI and DOC hold high abuse potential with no established medical value. But it also notably described a change in the process to request an administrative hearing, which left some with the impression that the agency was deliberately complicating the procedure in the face of likely challenges from the psychedelics research community.

But, ultimately, DEA accepted the multiple requests for a hearing.

“Upon review of the requests for hearings, I have authorized a hearing, and direct the Chief Administrative Law Judge to assign the matter to an Administrative Law Judge who will complete all prehearing procedures, conduct a due process hearing…and issue a recommended decision for the Agency’s review and action,” Milgram said.

A DEA spokesperson told Marijuana Moment on Monday that they expect the notice to be posted on the online docket on Tuesday.

DEA backed down off its original proposed ban of the psychedelics following challenges from Panacea and researchers from Emory University. It remains to be seen how the agency will navigate the scheduling issue following the hearing with experts.

DEA separately withdrew from a proposal to ban five different tryptamine psychedelics in 2022 amid sizable pushback from the research and advocacy communities.

Keep reading

New video shows teen kidnapping victim gunned down by cops as she ran toward them for help

Newly released video from law enforcement shows the moment California cops fatally shot an unarmed 15-year-old girl who was reported missing.

The harrowing footage released Monday shows Savannah Graziano slowly approaching officers along the 15 Freeway in Hesperia, Calif. on Sept. 27, 2022, one day after witnessing her father, Anthony John Graziano, 45, murder her mother, Tracy Martinez, ABC7 reported.

Moments later, gunfire erupts and Savannah is shot down in the crossfire.

“Stop shooting her! He’s in the car! Stop! She’s OK! He’s in the car! … Stop!” the deputy can be heard yelling.

The footage was released after reporters requested it under the California Public Records Act.

Keep reading

Police Take 4 Hours to Respond to Looting of Walgreens in San Francisco

Underscoring how the problem has become so endemic, police waited four hours before bothering to respond to the looting of a Walgreens in San Francisco, at which point the store was closed anyway.

Video shot by a producer at CBS San Francisco who was shopping with his girlfriend shows a number of black youths wearing masks sweeping through the store, thieving items and throwing them into bags before leaving.

The group didn’t care that they were being recorded by surveillance cameras or the CBS producer filming them on his phone.

“End of the day on Easter Sunday should have been pleasant. Instead I was shocked to see looters taking what they pleased with no regard for the law, or those around them, real-life smash and grab,” he said.

The incident happened at the Walgreens store at 9th and Market Streets at about 4:30pm on Easter Sunday.

However, the police didn’t even bother to respond until over four hours later.

“San Francisco police said in an emailed statement that officers responded at about 8:38 p.m. to a report of a group of people stealing from a business on the 1300 block of Market Street. Officers arrived to find the business was closed and no one was there to report the incident,” reports CBS News.

Keep reading

Poland Prepares New Hate-Speech Law: 3 Years In Prison For Insulting LGBT People

Poland, once a bastion of conservatism, is radically shifting gears under the new left-liberal government with a new “hate speech” law that could see offenders imprisoned for up to three years for “offensive” content against LGBT people.

The left had already been pushing for stricter speech controls before the coalition government formed, and since it won power, the left is now making good on its promises. On Wednesday, the Polish Ministry of Justice published a draft amendment to the penal code regarding hate speech on the website of the Government Legislation Center.

The new draft law is looking to expand classifications regarding hate speech to include age, disability, gender, sexual orientation and gender identity, according to Polish news outlet DoRzeczy.

In a strong stand against government plans to penalize what it calls “hate speech,” Poland’s Confederation party asserts the need for free and unrestricted public discourse

“The introduction of the proposed solutions will ensure enhanced and full criminal law protection against the use of violence or unlawful threats, incitement to hatred, insults and violations of bodily integrity due to the disability, age, gender, sexual orientation or gender identity of the injured party,” reads the draft.

The draft also threatens up to five years in prison for “threats.”

However, even for “insults,” which are loosely defined, penalties could be extremely harsh under the new draft law.

Provisions regarding gender, sexual orientation and gender identity have been added to article 256, which covers incitement to hated and in article 257 regarding insults.

Now, under these new rules, “insults” against sexual orientation or gender identity will be punishable by up to three years in prison.

Keep reading

Gavin Newsom Applauds Rollout Of AI Surveillance Network In California

If you’re not a criminal then you have nothing to hide, right?  This is the perpetual argument used in favor of state mass surveillance throughout history.  It’s the underlying justification at the birth of every surveillance agency from the Soviet Cheka to the German Stasi and beyond.  Don’t commit crimes and “you have nothing to worry about.”

Of course, this argument requires the public to overlook a simple and universal truth – That which is legal today can be made illegal tomorrow, and the people who make these decisions are often not good people.  With the ability to track and trace the behavior and movements of the citizenry in real time, the temptation to abuse that technology to increase government power is exponential.  That is to say, mass surveillance tends to inspire governments to abuse their authority and treat people like criminals even when they are innocent.

As we witnessed around the world during the pandemic lockdowns, authoritarianism can rear its ugly head without much warning and with incredible speed.  Some western countries (and even a few American states) aggressively sought to make resistance to covid restrictions criminal, to the point that authorities were legislating and even building “camps” designed to lock up covid offenders.  These plans were of course denied by political leaders even as they were putting the pieces in place to implement them. 

All of this was done in the name of a virus with a 99.8% survival rate.  What might they do when a legitimate crisis comes along?

We have seen how far our governments are willing to go to go to secure greater power over the populace; they have proven they’re not trustworthy enough to handle unilateral oversight. With real-time AI based surveillance in place the dangers are far greater.  Across the country there has been a quiet rollout of a new algorithm driven camera network from a company called Flock Safety.  

Flock offers AI integrated cameras with off-grid options (solar) that they say are meant primarily for license plate reading and vehicle identification.  California Governor Gavin Newsom recently applauded the creation of a new 480 camera network from Flock that will ostensibly focus on the Oakland metro area.

Keep reading

Three Pennsylvania men who have spent decades in prison for rape and murder of elderly woman in her home have their convictions overturned

Three Pennsylvania men who were imprisoned for decades in the 1997 slaying of a 70-year-old woman – despite their DNA never matching that found at the scene – have had their convictions overturned by a judge.

The Delaware County judge threw out the convictions for Derrick Chappell – who was 15 when he was arrested – and first cousins Morton Johnson and Sam Grasty. The District Attorney is now reviewing the case to see if a new trial is necessary.  

Chappel, Johnson, and Grasty were each convicted in separate trials for the murder of Henrietta Nickens, a 70 year old woman who was brutally killed at her home in Chester, Pennsylvania, on October 10, 1997.

Nickens was savagely beaten and had had her underwear removed. Investigators found her home ransacked and blood on the walls and bedding. 

A mysterious green jacket, in the pocket of which was cocaine, was found on top of Nickens’ television set.

Investigators discovered semen in the woman’s rectum. They tested the semen and found that it didn’t belong to any of the three arrested individuals.

The prosecutors, who have been characterized as pugnacious, sought to separate the recovered semen from the crime. They affirmed that the semen might have originated from consensual intercourse and was unrelated to the murder. 

Nickens had been chronically ill and had no known sexual partners. 

The prosecution’s case against Chappel, Johnson, and Grastly hinged on the testimony of key witness Richard McElwee, who was 15 years old at the time of the crime.

McElwee testified that he functioned as a lookout while the three older boys pilfered Nickens of $30.

In exchange for his testimony, McElwee pled guilty to third-degree murder, as well as other charges. He was sentenced to serve six to 12 years in prison in 1999.

In 2000 and 2001, Chappel, Johnson, and Grasty were each convicted of second-degree murder, and they were sentenced to life in prison.

Over the course of their more than two decades-long prison stint, the three men have continued to protest their innocence.

Each of them filed pro se petitions in federal court over the years saying they were wrongly convicted, but their petitions were denied.

The fate of Chappel, Johnson, and Grasty drew the attention of many organizations dedicated to freeing wrongly convicted men and women.

Keep reading

Judge Quashes Felony Murder Charges Against Former Houston Cop Whose Lies Led to a Deadly 2019 Drug Raid

It has been more than five years since Houston police officers killed Dennis Tuttle and Rhogena Nicholas, a middle-aged couple falsely implicated in drug dealing, after breaking into their home on Harding Street. That raid was based on a fraudulent search warrant affidavit in which veteran narcotics officer Gerald Goines described a heroin purchase that he later admitted never happened. Efforts to hold Goines accountable for his lethal dishonesty hit another roadblock last week when a Harris County judge dismissed two felony murder charges against him.

The Harris County District Attorney’s Office charged Goines with two counts of felony murder in August 2019, seven months after the Harding Street raid. According to its complaint, Goines committed “the felony offense of Tampering with a Government Record, and while in the course of and [in] furtherance of the commission of said offense did commit an act clearly dangerous to human life”—i.e., “making forcible entry into a residence by armed peace officers through the use of a ‘no knock’ search warrant based on false information provided knowingly by the defendant,” thereby causing the deaths of Tuttle and Nicholas.

A grand jury backed those charges in an indictment issued on January 15, 2020, and District Court Judge Frank Aguilar declined to dismiss them. But District Court Judge Veronica Nelson, who took over the case this year after Aguilar was suspended because of a domestic violence arrest, was persuaded by Goines’ claim that the charges did not adequately specify the underlying felony.

Prosecutors cited Section 37.10 of the Texas Penal Code, which makes it a third-degree felony to tamper with a government record in any of six ways. Because the indictment did not say exactly how Goines had violated that statute, his lawyers argued, it impaired his ability to mount a defense. “It doesn’t give us adequate notice of what it is specifically that we have to defend against,” said Mac Secrest, one of Goines’ attorneys.

“The Harris County District Attorney’s office is shocked and tremendously disappointed  that a judge would choose to revisit this issue, knowing that her predecessor had already ruled the defendant’s position meritless,” the office said in response to Nelson’s ruling. “The office is considering all its options, including amending the indictment, with an eye towards trying this case as soon as possible to ensure justice for the victims of these crimes.”

The state case against Goines had been scheduled for trial in June. Nelson’s decision could delay the trial by a year or more, depending on how long it takes to appeal the ruling and/or seek a new indictment. Goines also faces federal civil rights charges in connection with the Harding Street raid, but there has been no apparent movement in that case since the indictment was announced in November 2019.

Two other defendants in the federal case have pleaded guilty. Patricia Ann Garcia, a neighbor whose phony tip prompted Goines’ investigation of Tuttle and Nicholas, pleaded guilty to making false reports in March 2021 and was sentenced to 40 months in prison. In June 2021, former Houston narcotics officer Steven Bryant, who had backed up Goines’ fictional account of arranging for a confidential informant to buy heroin from Tuttle, pleaded guilty to falsifying records and obstructing the resulting federal investigation. He has not been sentenced yet.

Keep reading

Oregon Governor Signs Bill Overturning Voter-Approved Drug Decriminalization Law

Gov. Tina Kotek (D) on Monday signed into law the sweeping measure the Oregon Legislature passed to combat the state’s fentanyl drug addiction and overdose crisis.

Kotek previously had said she would sign House Bill 4002, which was a centerpiece proposal of the short session. The law puts in place a new misdemeanor penalty for possession of small amounts of hard drugs, with opportunities for defendants to avoid jail if they enroll in programs that aid in their recovery and potential treatment.

In a letter to legislative leaders, Kotek said the state needs to have a carefully coordinated implementation to work as intended.

“Success of this policy framework hinges on the ability of implementing partners to commit to deep coordination at all levels,” Kotek wrote in her letter to Senate President Rob Wagner, D-Lake Oswego and House Speaker Julie Fahey, D-Eugene.

The new law will put $211 million towards a variety of court and treatment programs, including new and expanded residential treatment facilities, recovery houses and programs for counties to set up so-called deflection programs that people can participate in to avoid jail and criminal charges after an interaction with police. So far, 23 of Oregon’s 36 counties have agreed to set up those programs, which are not mandatory.

Keep reading

Orwellian Tactics? Libertarian Party Fears Targeting By FBI After Letter

The Libertarian Party has questions for the Department of Justice after the FBI claimed that a “foreign threat” had accessed its Facebook account. A preliminary analysis by the LP was hindered by Meta, which has offered little clarity on the incident.

In a statement published on Friday, LP chair Angela McArdle shared a letter the party received from the bureau warning of the alleged breach. “The FBI maintains active investigations that seek to identify the activities of hostile foreign governments and their intelligence services who target the US government, private sector, and political processes,” the letter says. “The FBI recently obtained information showing that one of these foreign threat actors was in control of various IP addresses that the group used to log into a Facebook account controlled by your organization. The group accessed the account sometime between August 2023 and February 2024.”

One LP employee with knowledge of the letter told the Libertarian Institute that roughly 10 people have access to the Facebook account. The party has not changed access to the page within the past two months.

The employee said the LP was unable to access the user archive for its Facebook account to determine if it had been hacked and has so far received no assistance from Meta in resolving the issue. The organization plans to do what it can to learn more about the supposed “foreign threat actor” and why the FBI was surveilling the account in the first place.  

While the source acknowledged that the letter could be the result of “good police work,” the party is concerned the move could amount to a veiled threat from federal agents. Those worries are significantly heightened as two members of the party’s leadership have been contacted by the FBI within the past year, the employee added. 

Keep reading

Missouri Proposal Would Ban Most Delta-8 THC Drinks And Edibles Under State Law

Hemp is often known for being the part of the cannabis plant that doesn’t get people high.

It’s full of CBD, a nonpyschoactive cannabinoid that helps people relax and often found in massage oils and sleep aids.

But much has changed since hemp was taken off the controlled substance list in 2018 by the last U.S. Agriculture Improvement Act, more commonly known as the farm bill.

Now state regulators can barely keep up with the constantly evolving ways that people have found to make intoxicating products from hemp—largely through a chemical process of converting CBD to THC. The market for things like delta-8 drinks and edibles is one of the fastest growing markets in the country.

The fact that it is legal federally was the basis for St. Louis Democratic Sen. Karla May’s opposition to a bill sponsored by state Sen. Nick Schroer, a Republican from Defiance.

“The feds are not stopping the sale of this product,” May said, during a Senate floor debate last week. “What you’re saying is we need to shut down all the businesses that are currently selling this product and making revenue from this product, and then transfer them to all of the people that have gotten marijuana licenses.”

While May was the most vocal critic in the Senate last week, both Republican and Democratic lawmakers have pushed back on the idea of forcing the hemp industry under the umbrella of DHSS, saying that would allow the “marijuana monopoly” to take over this market given the limited number of licenses for dispensaries available.

After voters passed a constitutional amendment allowing medical marijuana in 2018, competition for licenses became fierce when the state capped the number of applications it would approve—initially issuing 338 licenses to sell, grow and process marijuana.

Widespread reports of irregularities in how applications were scored fueled criticism of the industry and accusations that insiders were building a monopoly. That criticism spilled into the campaign to legalize recreational marijuana in 2022, though the proposal still won voter approval.

Some applicants who didn’t land medical marijuana licenses turned to producing hemp-derived THC products.

Keep reading