Tag: the war on (some) drugs

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.

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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.

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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.

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Teen Marijuana Use Has Declined In Washington Since Legalization, New State Research Shows

Newly released data from a Washington State survey of adolescent and teenage students show declines in both lifetime and past-30-day marijuana use in recent years, with striking drops that held steady through 2023. The results also indicate that perceived ease of access to cannabis among underage students has generally fallen since the state enacted legalization for adults in 2012—contrary to fears repeatedly expressed by opponents of the policy change.

About 8.4 percent of Washington 10th graders said in 2023 that they had used marijuana within the past 30 days, according to the new data, up slightly from 7.2 percent in 2021. But both of those numbers were sharply lower than pre-legalization numbers. In 2010, for example, 20.0 percent of 10th graders in the state said they’d used cannabis in the past month.

In King County, by far the state’s most populous, just 5.5 percent of 10th grade respondents reported cannabis use within the past month in 2023. That’s down from 7.3 percent in 2021 and 18.1 percent in 2010.

Similar drops were seen in lifetime marijuana use, as well as among other surveyed grade levels, including 6th, 8th and 12th grades.

The data come from the Healthy Youth Survey, which asks students statewide about a variety of topics around health behaviors, mental health and other areas of well-being.

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Maine Lawmakers Vote To Gut Drug Decriminalization Bill And Establish A Task Force To Study Reform Instead

Maine lawmakers have gutted a bill to decriminalize drug possession and invest in treatment resources, amending it in committee to simply create a task force to study the proposed reform.

The legislature’s Health and Human Services Committee unanimously voted to replace the original measure from Rep. Lydia Crafts (D) on Thursday.

As introduced, the measure would have repealed statutes criminalizing possession of Schedule W, X, Y and Z drugs and paraphernalia under state code. It also would have established a Substance Use, Health and Safety Fund under the Department of Health and Human Services (HHS).

The legislature would have needed to annually appropriate funds for the department to make investments to “increase voluntary access to community care for persons who need services related to substance use.”

But during a work session, members of the committee moved to strike those provisions, replacing it with the task force language instead.

“I would just like to say that I continue to stand very firmly behind my initial proposal, and I think that it’s important that the work we’re doing as a state continues to be framed through a public health lens,” Crafts said. “I believe that this work is not finished through this task force, and there will be more to do in the future.”

The revised legislation as described in committee would create a panel consisting of experts and legislative appointees, including people with backgrounds in public health and safety, substance misuse treatment and law enforcement.

The task force would be responsible for reviewing decriminalization policies in other jurisdictions, scholarly research on the impact of the reform, possible implications for drug courts, the outcomes of diverse programs for people with substance misuse disorders and more. A report with findings would be due by November 6, 2024.

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Germany’s Marijuana Legalization Law Officially Takes Effect, Allowing Personal Possession And Cultivation For Adults

Germany’s marijuana legalization law officially took effect on Monday, with personal possession and cultivation now permitted for adults.

Just days after the cannabis bill was signed into law, the non-commercial legalization provisions are now in force. Social clubs where people will be able to obtain marijuana are due to launch in July.

Under the new policy, adults 18 and older are allowed to possess up to 25 grams of cannabis and grow up to three plants for personal use.

Once social clubs open over the summer, members will be able to buy up to 25 grams of cannabis, with a cap of 50 grams per month. That cap is 30 grams for members under 21 years old.

The social clubs cannot be be located near schools or playgrounds, and each jurisdiction will be able to have only one club for every 6,000 residents. Clubs will be limited to 500 members and will need a permit, which will be valid for up to seven years with the possibility of receiving an extension.

There will be an official analysis of the effects of legalization on youth safety that must be completed within 18 months of enactment under the law.

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Colorado Amendment Addresses Concerns On Banning Social Media Marijuana Posts, But Questions On Psychedelics And Other Drugs Remain

Colorado lawmakers advanced an amended social media bill on Thursday that, as introduced, would have forced platforms to ban users for talking positively about marijuana online. But while the sponsor says the issue has now been “worked out” with recent changes, critics contend the revised legislation still fails to address concerns around statements regarding other substances, including state-legal psychedelics, certain hemp products and even some over-the-counter cough syrups.

The bill, SB24-158—a broad proposal concerning internet age verification and content policies—would require social media platforms to immediately remove any user “who promotes, sells, or advertises an illicit substance.”

Initially that provision would have applied to all controlled substances under state law, but an amendment from the bill’s sponsor, Sen. Chris Hansen (D), includes language saying that “a social media platform may allow a user to promote, sell, or advertise medical marijuana or retail marijuana to users who are at least twenty-one years of age” so long as the content complies with state cannabis laws.

Members of the Senate Committee on Business, Labor and Technology at Thursday’s hearing unanimously approved the amended bill, advancing it to the Appropriations Committee with a favorable report.

“We have worked out adjustment language with the MJ industry,” Hansen told Marijuana Moment in an email about the amendment last week, in response to questions about the potential consequences of the bill. “Those amendments will be distributed later today in preparation for the bill being voted on in committee on Thursday.”

But even before the amendment landed in committee this week, a fellow at the center-right think tank R Street Institute, said the changes leave major issues unaddressed.

“The updated version would still prevent users from from promoting NyQuil or anti-anxiety medications among many others, even though it exempts marijuana,” Shoshana Weismann, who first called out the potential problems in the bill’s drug-related language, told Marijuana Moment in an email. “And if you promote those medications, you will be reported to law enforcement. That is asinine.”

The amended bill also still specifies that its restrictions apply to certain hemp products with more than 1.25 milligrams THC or a CBD-to-THC ratio of less than 20 to 1, as well as most other hemp-containing products intended for human consumption that are not “a dietary supplement, a food, a food additive, or an herb.”

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Kentucky Budget Bill On Governor’s Desk Would Restrict Medical Marijuana Funding Ahead Of Program Launch

Kentucky’s legislature has delivered a budget bill to the governor that includes a provision restricting funding for a medical marijuana regulatory body overseeing the state’s forthcoming program until its advisory board determines there’s a “propensity” of research supporting the therapeutic “efficacy” of cannabis.

The language represents a watered down version of what was included in the Senate budget proposal, which would have set a much stricter threshold for the availability of funding for the Office of Medical Cannabis.

A last-minute amendment that was adopted prior to passage on Thursday removed Senate-approved language that would have broadly required a “propensity of federal and international peer reviewed, published research with conclusive evidence as to the efficacy of medical cannabis” in order to fund the regulatory division.

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Hawaii Lawmakers Advance Bill To Expand State’s Marijuana Decriminalization Law As Broader Legalization Hangs In The Balance

As a bill to legalize marijuana in Hawaii hangs in the balance in the state legislature, a House committee has amended and advanced separate legislation on Thursday that would expand the state’s current decriminalization of cannabis by increasing amounts of the substance for which people would not face the threat of jail time and reducing certain financial penalties.

After adopting a handful amendments to the underlying measure, SB 2487, members of the Judiciary and Hawaiian Affairs (JHA) Committee voted 7–2 to recommend that the proposal be passed.

In its current form, the bill, sponsored by Sen. Joy San Buenaventura (D), would specify that possession of an ounce of marijuana or less would be subject to a $25 civil fine. Under existing law in Hawaii, possession of up to three grams carries a $130 fine.

In some cases, individuals could perform community service instead of paying a financial penalty under the new legislation.

Between one and two ounces of cannabis, meanwhile, would be punishable as a petty misdemeanor—up to 30 days in jail and a $1,000 fine. Currently that range is between three grams and an ounce, with anything between one ounce and one pound carrying a misdemeanor penalty of up to a year of incarceration and a $2,000 fine.

The bill would also create a new violation for smoking marijuana in a public area, which would carry a $130 fee with the possibility of community service.

“This is important,” Rep. David Tarnas (D), the JHA Committee chair, said of the public consumption change before the panel’s vote. “This is a significant step to deal with an issue that we heard coming up in the bill considered about legalizing cannabis use.”

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Why are so many young people taking hallucinogens?

From the microdosing boom to ketamine therapy, hallucinogens have experienced a boom in the last five years. During the COVID-19 lockdowns, research found that young people had been using psychedelics in place of drinking alcohol, with one in five experimenting with microdosing. It made sense that hallucinogens – which are often seen as ‘unsociable’ drugs – would have their moment in the sun at a time when pubs and clubs were closed and house parties resulted in £10,000 fines. But use of hallucinogens, which includes drugs such as LSD, magic mushrooms, 2C-B, DMT and ketamine, has only continued to increase since the pandemic, overtaking MDMA and ecstasy in the league table of most-used drugs. So what’s driving the trend?

It would be simple to suggest that the increase in hallucinogen use is a byproduct of young people staying at home. Research last year suggested that Gen Z was cutting back on clubbing in the face of the cost of living crisis, and one newspaper recently dubbed today’s youngsters “generation stay at home”. However, the majority of people who Dazed spoke to for this article say they use hallucinogens at raves, which suggests that it’s not that young people have stopped partying altogether, but instead that they’re partying differently.

For Becky, a 24-year-old student support worker living in Manchester, the switch from MDMA to 2C-B, a synthetic psychedelic drug which offers a mix of hallucinogenic and stimulant-like effects, was a no-brainer. “MDMA can make it hard to be around busy places, and actually makes me feel less sociable than 2C-B,” she tells Dazed. “But 2C-B makes music, lights and people more palatable and warmer.” She now uses 2C-B at every rave she goes to, which is about ten times a year. “I don’t do MDMA often at all now. I don’t enjoy it anymore, it just makes me anxious and stressed,” she adds.

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