FEATURE:
Surviving the Media
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The Coalition 2015 NNOAC EXECUTIVE BOARD Ron Brooks Executive Director California Narcotics Officers’ Association (Retired) rbrooks@natlnarc.org
Volume 17, No. 1 - Spring, 2015 Coalition Magazine Editor William Butka
Bob Bushman President Minnesota State Association of Narcotics Investigators (202) 664-9244 bbushman@natlnarc.org
Article editor Patricia Kohl Publication Designer Jessica Manley
Join the fight!
Jason Grellner Vice President Missouri Narcotics Officers Association jgrellner@natlnarc.org Phil Little Treasurer (910) 876-7871 plittle@natlnarc.org
On the Cover:
Justice may be blind, but the scales are weighted.
© Andreyuu | Dreamstime.com
TO BECOME A MEMBER OF NNOAC
e Engahge in t g. dialo
Allen A. Katcher Secretary Union Police Department (Retired) (908) 687-4360 – Office (908) 930-3810 – Cell akatcher@natlnarc.org Ernie Martinez Member At Large Colorado Drug Investigators Association (303) 471-8100 emartinez@natlnarc.org
A R C H I V E S
Be the . change
You must establish a local or state narcotics officers association. The membership fees are $500 per year for member states with over 1000 members in their association, $300 per year for associations with 500 or more members and $200 per year for associations with under 500 members. For more information on how to become a member or for additional information please contact one of our Executive Board Members.
Deadlines for Submissions by Issue Issue
Deadline
1st Edition
January 1
2nd Edition
August 1
The Coalition is published twice per year. Submit articles, photos, region reports, kudos, busts and other items of interest to: wbutka@natlnarc.org
of past issues are available online at our website www.natlnarc.org or by clicking on the image of our last magaine to be directed to our online digital library. 2
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The Coalition
PRESIDENT’S REPORT By Bob Bushman
W
elcome back! It has been three years since we last published our official NNOAC magazine, The Coalition. In an effort to inform you – our members, elected officials and criminal justice partners – about the issues that we believe are critical to our mission, we have resurrected The Coalition to help us highlight that mission: protecting our communities and our citizens, especially our young people, from the damage and devastation caused by drug abuse, drug trafficking and violent crime. These are some challenging times. Many of our supporters have moved on and have been replaced by others who are less informed about or unfamiliar with our issues. We also recognize that while we still enjoy the support of many elected officials and policy makers, some are hesitant to voice their opinions. Especially if they go against popular public sentiment. The NNOAC Board and I spend a lot of our time working with members of the Administration, Congress and their staffs on the particular issues that we know have an effect on public safety funding, legislation and policy. One of the most contentious issues we face is the groundswell of legislation, in Congress and in our state legislatures, that seeks to legalize marijuana for both medical and recreational purposes. No one knows more about the negative consequences of drug use and abuse than drug law enforcement officers and our NNOAC members. We must all work diligently to educate the public, our elected officials and those in the policy arena of the facts about the impact of drug abuse and violent crime.
And we have all seen the results of poorly crafted strategies, legislation and misguided attempts to appease those who seek to legalize and rationalize drug use. We have the real facts on our side, and it is our job President Bob Bushman to get those facts in front of the American people. We know what it takes to effectively combat the drug problem. Aggressive enforcement and tough sentencing, combined with education, prevention and treatment programs, worked to drive down drug abuse and violent crime rates to historic lows, particularly in communities devastated by drug abuse epidemics. Now, as states move to decriminalize and legalize drugs, we see drug abuse rates increasing dramatically, especially among our young people. Crime rates, especially those associated with drug crime, are rising, too. And, try as they might, the legalizers cannot hide those facts. They disregard them, but they cannot hide them. Some people claim that the “drug war” has been lost and that we must move away from enforcing criminal sanctions for drug abusers and “low-level, non-violent” offenders. Drug legalizers often portray those convicted of drug crimes and serving prison sentences as the victims. In reality, few offenders serve time for committing low-level drug crimes. Rather, they are deferred to drug courts and programs that provide treatment and other rehabilitative options in lieu of incarceration. The offenders who get significant prison sentences are those who have continually displayed their disregard for our laws and common, societal values. Recidivism, multiple convictions, violent crimes and large-scale drug trafficking are what result in long prison sentences, not simple drug possession. It is time for our leaders to acknowledge who are in our prisons and why they are there. It is also time to shift the focus of legislation to begin protecting the real victims: the law-abiding people who make good decisions, work hard to earn an honest living, and make it a priority to raise their families. For that, their reward is the burden of paying the increasing taxes that are needed to protect our communities from crime and to repair the damage caused by drug abuse, as well as funding the system and programs that provide care for those who disregard and break our laws. It is time to stop justifying drug abuse and subsidizing its consequences.
Contrary to popular belief, legalizing drugs will not free up law enforcement to do other things.
Much of our work is responding to the crimes that people commit while they are under the influence of drugs, not just the act of using drugs. When drug use increases, which happens when drugs are legalized, more users commit more crimes while under the influence of drugs. We will be busier than ever.
It is disappointing to see how easily well-educated and wellmeaning people are misled with distortions, manipulated figures and unsubstantiated, anecdotal myths by the legalizers.
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The Coalition President’s Report, cont. from previous page
It is time to prioritize the wellbeing of responsible citizens who respect and obey our laws and who make positive contributions that improve our communities. As you listen to the arguments for drug law and sentencing reform, you will realize that law enforcement is seldom recognized or credited for the good work we have done to protect our communities and our country from drug traffickers, gangs, and violent criminals. Crime rates did not drop to historic lows because people just decided to start obeying our laws, nor because lawbreakers started voluntarily turning themselves in. It is the dedication and hard work of committed law enforcement officers, DEA agents, and prosecutors, along with many other organizations that support law enforcement efforts, which have brought peace and some relief to our communities. These results have
come at a high price. Many of our brothers and sisters have given their lives protecting our citizens, a level of sacrifice and commitment few of our critics are willing to make. Remember too, those who criticize us and what we do call 911 when they need help. And when they do, we do not hesitate to help them – we give them our very best, every time, even if we disagree with them. The NNOAC looks for opportunities to promote our message. As the NNOAC President, I have attended meetings with Administration officials, testified at Congressional subcommittee and Commission hearings, and given countless media interviews. The NNOAC Board has provided valuable input and has gone on the record on a wide variety of issues on your behalf. While some criminal justice and law enforcement groups have decided to avoid contentious
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issues for fear of antagonizing those who hold the purse strings, NNOAC continues to address those issues headon. Our first responsibility is to protect our communities and our citizens. We cannot do that by sticking our heads in the sand. I end with a quote from Ronald Reagan’s 1967 inaugural address as Governor of California. “For many years now, you and I have been shushed like children and told that there are no simple answers to the complex problems that are beyond our comprehension. Well, the truth is there are simple answers. There are just not easy ones.” Be safe! Bob Bushman President, NNOAC
Your NNOAC Executive Board for 2015
The Coalition
2015 NNOAC REGIONAL DIRECTORS Northwest Region - Ed Mouery Washington, Montana, Oregon, Idaho and Wyoming 503/932-1767 emouery@natlnarc.org
Great Lakes Region - Gary Ashenfelter Michigan, Indiana, Ohio, Pennsylvania, New York 800/558-6620 gashenfelter@natlnarc.org
Southwest Region - Bob Cooke California, Nevada, Utah, Arizona, New Mexico, Colorado, Hawaii 408/452-7273 bcooke@natlnarc.org
Northeast Region - William Butka Connecticut, New Hampshire, Vermont, Rhode Island, Maine, Massachusetts 203/671-9841 webutka@natlnarc.org
Midwest Region - Brian Marquart North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Wisconsin, Illinois 218/855-5020 bmarquart@natlnarc.org
East Central Region - Tommy Loving Kentucky, West Virginia, Virginia, District of Columbia, Delaware, Maryland, New Jersey 270/843-5343 tloving@natlnarc.org
South Central Region - Leland Sykes Kansas, Missouri, Oklahoma, Arkansas, Texas, Louisiana 225/268-4360 lwsykes@natlnarc.org
Southeast Region - T. Gene Donegan Tennessee, North Carolina, South Carolina, Mississippi, Alabama, Georgia, Florida 615/509-3738 tdonegan@natlnarc.org
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The Coalition NNOAC is proud to
April 27-30
announce WSNIA’s 2015 Training Conference in Vancouver, WA April 27-30 WSNIA, 2015 Training Conference
“SAVE THE DATE”
Please join us for the 2015 annual WSNIA training conference, April 27, 28, 29 and 30 at the Heathman Lodge in Vancouver Washington. This year’s conference is anticipated to be the best one yet with even more flexibility for officers to pick their own training tracks on both the second and third day of the conference. We are pleased to announce as our keynote speaker, former Navy SEAL Jason Redman. He is the author of “The Trident – The Forging and Reforging of a Navy SEAL Leader”. Redman’s book brings a powerful insight into the strength, determination, perseverance, and faith of being a Navy SEAL and a wounded warrior. Redman reflects on his life within the Teams, the many valuable lessons he learned about leadership and overcoming adversity, and about receiving a second chance in life.
KEYNOTE SPEAKER JASON REDMAN
DON’T MISS TRAINING VENDORS RAFFLES DEMOS APPAREL AND MORE
Training highlights to include:
Vehicle takedown tactical considerations – Washington State Tactical Officers Association Sexual exploitation, human trafficking and the nexus to drugs – Lt. Karen Hughes, LVMPD Rampart Dialogues – Mr. Richard Meraz, Captain, LAPD (retired) Social networking and open source investigations - TBD Informant management – Sgt. Rick Beghtol, Cheney PD, Retired WSP narcotics supervisor Street gangs trends in Washington – Deputy Joe Gagliardi, King County Sheriff’s Department Synthetic drugs update, Mr. Eric Martin, MAC, CADC III, CPS Crystal meth and honey oil extraction update, Bob Pennal & Craig Hammer, WSIN Law Enforcement Coordinators and retired supervisors from California BNE Washington legal update – DPA & Appellate Unit Team Leader, Anne Cruser, Clark County Prosecutors Office Narcotics unit, supervisory tract - TBD RCW 9.73 – Electronic intercepts – DPA Susan Storey, King County P.A. Office (requested) Also: Venders, weapon giveaways, raffles, WSNIA apparel, WSNIA website demo, WSNIA business meeting and much, much more… Anticipated registration fee - $195.00
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The Coalition
REGIONAL DIRECTOR’S REPORTS
NORTHWEST
the potent methamphetamine. Montana has not yet seen the heroin surge that Wyoming is experiencing. Rich Wiley, President of the Washington State Narcotic Investigator’s Association (WSNIA), reports that Washington law enforcement is still reeling from the challenges presented by marijuana legalization and the ongoing medical marijuana program. Marijuana drugged driving and use among their youth are up significantly. The black market is alive and well, undercutting the price of the highly taxed marijuana in the state licensed stores. The unregulated medical marijuana program is also alive and well, with citizens able to grow up to 15 plants with a doctor’s recommendation. Legalization was passed under the guise that it would free up law enforcement to deal with more serious crime. The opposite is true; law enforcement has been inundated with increased criminal activity and requests for service associated with the marijuana industry and medical marijuana production. Heroin and methamphetamine continue to present huge challenges for Washington. One chief recently reported heroin use in his local high school was at epidemic proportions. Treatment admissions for heroin addiction are higher than for any other drug right now. Also, WSNIA has built a new website, which can be viewed at www.wsnia.org.
By Ed Mouery
O
regon HIDTA analysis suggests that heroin availability and use in the state has reached a critical level and that it is currently Oregon’s leading drug threat, followed by methamphetamine, marijuana, controlled prescription drugs, and cocaine. Law enforcement officers report a substantial rise in the volume of heroin seized, number of new users and associated overdoses, and incidence of heroin-related violent crime and property offenses. Oregon HIDTA task forces confiscated 137 pounds of heroin in 2013 – more than five times higher than the 25 pounds seized in 2008. The rise in heroin use is fueled, in part, by a growing number of prescription opiate users who have switched to heroin because it is more available, less expensive, and provides a more intense high than diverted prescription opiates. The Oregon Narcotics Enforcement Association (ONEA) has been working on updating the website www. onea.org with new links and information. In February 2014, the ONEA donated $10,000 to the Citizens for Safe Schools program in Klamath Falls, Oregon. The program has an excellent volunteer child-mentoring program, as well as “Text-A-Tip” to anonymously report bullying, concern about violence, drug activity, and other suspicious behavior. Kebin Haller of Wyoming AG Division of Criminal Investigations reports that the state has been severely impacted by RX drug abuse (hydrocodone) leading to heroin use. In 2012, two heroin overdoses were reported; last year, there were six; for January through September 2014, the count already is at seven. Kebin states, “Throughout my career, you probably would have never heard from me that Wyoming would have a heroin problem, but here we are... we could use a couple of DEA Tactical Diversion agents in Wyoming, as we are overwhelmed.” The other issue they are closely monitoring is the legalization of marijuana in Colorado and its collateral impact on Wyoming. Montana Narcotics Officers Association President Brian Korell reports that methamphetamine, specifically “ice” or “crystal meth”, is dramatically impacting that state. The recent seizure of a 6-pound load that was destined for the state is a good indicator of the amounts and the market for
SOUTHWEST
I
By Bob Cooke
t is important to meet regularly with your local, regional and national counterparts to collaborate, develop investigative strategies, to discuss local, state, national public safety issues and policies. I have been a member of CNOA since 1981 and on the Executive Board since 1994. Early in my career, I was fortunate to have great mentors who reinforced the importance of networking and sharing information to build criminal investigations. They demonstrated that belonging to CNOA and expanding my rolodex would enhance my career goals. Life-long Friends Vern Gardner, Assistant Chief Gilroy PD (Ret.); Christy McCampbell, Past President CNOA, Chief of CA DOJ, Bureau of Narcotic Enforcement (Ret.); and Ron Brooks Past President of CNOA, Past President of NNOAC and 7
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The Coalition Region Reports, cont.
available. HIDTA funding has remained level funded. The Byrne- JAG fund is consistently attacked and funds have been diverted from task force enforcement operations to other programs. There isn’t enough funding to keep local task force programs as healthy as they were 10 years ago. We aren’t losing the battle but we are losing ground. Finding ways to safely and effectively conduct investigations into drug dealers has never been more difficult. It is imperative that we all collaborate and share the information. The Northern CA HIDTA and the Monterey County Sheriff’s Office are continuing to host regional information sharing meetings. We recently held another Intelligence Sharing, Training and Networking meeting in Monterey County. It was well attended by members of our local, state and federal brothers and sisters in blue and khaki from the San Francisco & Monterey Bay areas and the Central Valley of California. We met with our enforcement partners and analysts to talk about what is happening to develop working strategies and working relationships. At this regional meeting Tony Loya, Director of the National Methamphetamine and Pharmaceutical Initiative (NMPI), spoke about prescription drug abuse and the sharp rise in hydrocodone and oxycodone problem and how heroin use is on the rise as a result of that abuse. He presented the El Paso Information Center (EPIC) chemical and drug seizure stats including the border seizure results. That information is very helpful when you look at the change in methods used by smugglers and transporters of illegal substances and human traffickers. Ten years ago, I would have been surprised to see the use of panga boats to smuggle thousands of pounds of Mexican grown marijuana into northern California. Then again we never thought that Cartels would resort to “smurfing” to acquire thousands of pounds of PSE. The Regional Informational Sharing System (RISS) is a valuable tool throughout our country. The Western States Information Network covers the western states. Law Enforcement Coordinator, Bob Pennal is a widely recognized expert in methamphetamine investigations and teaches all over the USA. Our area is fortunate to have Bob as a WSIN regional representative. Bob provided an excellent “Meth Update.” He gave us fresh information and insight into the Mexican drug cartels methods and activities in the western states. Some of that information is sensitive and will not be include in this article. When we started our careers who would have thought we would be meeting with state and federal lawmakers to discuss policy and inform legislators of the crime issues and threats to public safety. The law makers are impressed with what you do. I’ve been told by many lawmakers that no one advocates our position better than us. Certainly it is important
from previous page
Assistant Chief CA DOJ/BNE (Ret.). Vern gave me a break in my early career to work narcotics and assigned me to the Santa Clara County Sheriff’s Narcotics Bureau, my first task force. I’ve thanked Christy for enrolling me in her “finishing school,” prompting me to begin working my way into the chairs of the CNOA. Ron taught me how to work big cases, was instrumental in my promotion to Special Agent in Charge, kept me focused on becoming CNOA President in 2005, and brought me into the NNOAC as Regional Director. One of my old partners told me years ago: There are us; There are those that want to be like us; And there are those that are used by us. Simple but true. We have been reduced in number, had our budgets slashed, lost training funds, training schools and have been placed under the microscope for doing our jobs. There has been a decline in support for the work that we do. But when things turn bad who gets called? Us, the people that do the dirty jobs. But nonetheless get the job done. We chose this line of work, it didn’t choose us. We make things happen and use the tools that we have at our disposal. Before I retired from the California DOJ, Bureau of Narcotic Enforcement (BNE), my office hosted regional information sharing meetings. Two months after I retired, the state’s BNE was sliced from the state’s budget and scores of task forces dissolved. The outcome was horrible for many law enforcement agencies and communities that depended on BNE’s leadership and ability to manage more than 54 regional task forces. Many of these task forces shut down. Many more survived through local support from Chiefs and Sheriffs that understood the importance of collaboration. What we do and have a passion for has lost emphasis from many state and federal elected leaders. The closing of the National Drug and Intelligence Center (NDIC), the reduction in special law enforcement units, the elimination of California’s Bureau of Narcotic Enforcement and has forced the responsibility of drug and gang problems onto the backs of local law enforcement. This comes at a time when decriminalization of marijuana laws, reduction of sentencing and early release of prisoners is breaking the backs of all cops. Our pals in federal agencies are picking up a lot of the pieces. But they aren’t staffed well enough to address everything that was done by those special locally staffed investigative units. Our local and state partners are working with DEA to hold a number of task forces together using every resource 8
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The Coalition for us to employ our capital watchdogs (lobbyists). At the local, state, and federal level, it is imperative that a local cop explain the issues if at all possible. Your voice is clearer and has more weight to them than a civilian lobbyist, when you advocate for sound public safety policies.
policy debate. We really saw this change in the 2013-2014 Legislative sessions where some of the largest lobbying firms at the Capitol were retained by well-funded legalizer interests. In 2013 and in 2014, efforts at enacting bills that blessed all of the dubious medical marijuana practices were strongly supported by those major lobbying firms. Arrayed against them were CNOA and the allies we were able to bring along with us. The general conventional wisdom at the Capitol was that one or more of these medical marijuana bills would be approved by the Legislature and makes it to the Governor’s desk for his consideration. During 2013, CNOA was successful in defeating four different medical marijuana bills. One was defeated on the floor of the Assembly, and another – authored by the President Pro Tem of the Senate – was stopped in the Assembly Health Committee after CNOA members met individually with each of the members of that committee. In a normal Legislative year, that would have been the end of things, but when you have affluent interests pushing for a bill, there are unlimited ways in which bills that have been killed can be revived. And those interests made their presence felt. In the final week of the 2013 session, the two dead medical marijuana bills were shoe-horned into a bill that was already on the Senate floor. After an intense daylong battle, CNOA was successful in getting that bill killed. Our 2013 Legislator of the Year, Senator Jim Nielsen, played a key role in defeating that bill. Like a dog returning to its own vomit, however, on the very last day of session, those same well-heeled special interests attempted to slide their medical marijuana bill into yet a fourth bill that was pending on the floor of the Assembly. Only a last-ditch lobbying effort kept that bill from being brought to a vote. When the Legislature returned in January 2014, the medical marijuana battles continued with no let-up. Assembly Member Tom Ammiano introduced Assembly Bill 1894, which was an all-encompassing medical marijuana bill that would have ratified the questionable practices that currently exist, put a dubious “regulatory” model in place, and would have created a system where those in charge of regulation would have been easy prey for the monied interests who wished to cash in on a lucrative commercial and for-profit medical marijuana industry. Once again, an impressive array of lobbyists and platinum level lobbying firms were poised to push AB 1894 to passage. But a funny thing happened on the way to the generally predicted AB 1894 victory – CNOA got in the way. CNOA took the lead in bringing together virtually every other law enforcement organization in the state to oppose AB 1894. In addition, our good friend Bishop Ron Allen and his International Faith Based Coalition actively opposed
Another tidbit to consider: There are those that make it happen; those that watch it happen; and those that wonder, “What happened?” Which of the three are you? You are a member of the first group if you are reading this.
The California Narcotic Officers’ Association success at our state capital Like many state associations, CNOA has an established relationship with a capital watchdog in Sacramento. We have been working with the Law Office of John Lovell for many years. John has helped guide this association’s Legislative Committee, chaired by Bob Elsberg, Past President of CNOA and retired Sr. Special Agent in Charge at CA BNE, through countless battles over public safety issues. I am very proud to be a member of that committee and the manner in which John Lovell represents CNOA. I have included Mr. Lovell’s report from this past year’s legislative session.
CNOA Legislative Wrap-Up 2013-2014 Session The 2013-2014 Legislative Session is now history and CNOA once again played a leadership role in the ongoing debate over drug policy issues in California. This year was characterized by successes against well-funded opposition, as well as teachable moments that will signal some modifications in CNOA legislative strategy for future Legislative sessions. The configuration of players with respect to controlled substance policy issues has changed significantly in the past years. In prior Legislative sessions, CNOA would take the lead on controlled substance issues and obtain support from our brother and sister law enforcement organizations to join with us on each of the major issues. Typically arrayed against us were the defense bar, the American Civil Liberties Union and the Drug Policy Alliance. Other than the Drug Policy Alliance, there were no organizations on either side of the policy divide that brought lobbying and political contribution resources to the battle. That has now all changed. As more and more wellfunded interests perceive enormous financial benefit to be gained from various forms of drug legalization, those interests have now injected themselves into the drug 9
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the measure, as did the League of California Cities. When the bill came up for a vote on the Assembly floor, it was decisively defeated. The enormity of this defeat is impossible to understate. Passage of the bill was recommended by the Democratic leadership, yet a majority of Democratic Assembly Members ignored the recommendation of their leadership and listened to CNOA, instead, declining to vote for the bill. Only one Republican voted for the bill, the rest refused to do so. So bad was the defeat that talk of reviving AB 1894 into another bill simply evaporated. The fact that this bill was so badly defeated is eloquent testimony to the footprint left by CNOA in this most intense of battles. CNOA also played a major role in defeating Senate Bill 893, which would have wiped out law enforcement’s ability to use License Plate Recognition (LPR) technology in the investigation of criminal activity. Our major legislative efforts to enact Drugged Driving legislation secure a chemically coherent law relating to Bath Salts and Spice, as well as secure legislation requiring a prescription for the sale of pseudo-ephedrine; have been unsuccessful over the last several years. Admittedly, these are heavy lifts, but that only suggests that we need to do things differently when we are dealing with the heavyweight issues. For the future, we will be doing some things differently. First, once the new public safety committees are constituted in each house, we will be assigning CNOA members to develop collaborative relationships with each of the key members of those two committees. In the past when CNOA members have engaged directly with committee members we have achieved success. Second, we will be developing thorough position papers on each of the major issues like Drugged Driving and the other heavyweight issues that we will be circulating to policy makers in advance of actually moving the specific underlying bills. Both of these new efforts will require additional demands on CNOA members; but if past is prologue, our members will continue to rise to the challenge. As I draft this magazine article, we are opposing Proposition 47 that goes to the voters on November 4, 2014. This ridiculous bill would release another 10,000 “non-violent offenders” from state prison and reclassify a number of felonies to misdemeanors. This would include all drug possession cases, firearms thefts with a value under $950, and identity theft. The idea of a person caught in possession of Date Rape drugs being charged with a misdemeanor is totally irresponsible. Virtually every law
enforcement group opposes this bill. Two elected district have broken ranks from their own California District Attorneys Association, which denounces this bill. I am hopeful that responsible and sane voters will prevail. My final words; Collaborate, be active in your state’s association and mentor to make things happen. Stay safe and keep well.
MIDWEST By Brian Marquart
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he Midwest Region consists of Illinois, Wisconsin, Minnesota, South Dakota, North Dakota, Iowa and Nebraska. A number of these states have seen dramatic increases in heroin-related seizures and overdose deaths. Minneapolis had the highest-purity and lowest-cost heroin in the U.S. in 2007 and 2009 (the latest year for which the Drug Enforcement Administration collected data for Minneapolis). When other sources of heroin were included from regions such as South America and Southwest Asia, Minneapolis was second only to Los Angeles in the cost/purity comparison. Much of the heroin is sourced by Mexican drug-trafficking organizations and is then distributed by Chicago-based street gangs. The Midwest Region has seen an alarming increase in heroin- and opioid-related overdose deaths, especially among young people in the 18-34 age range. Minnesota overdose deaths due to heroin and opioids now surpass the number of people killed in traffic accidents. As a result, during the 2014 Session, the Minnesota Legislature passed a law allowing first responders to administer the heroin antidote, Narcan, when they respond to overdoses. That law contains a Good Samaritan provision, which provides some protection from prosecution to people who call 911 to report an overdose. The Midwest Region has seen an increase in the number of prescription drug abuse investigations as, nationwide, the number of painkiller prescriptions has grown substantially over the past 15 years. According to Marvin Seppala, Hazelden’s Chief Medical Officer, “The prescription increase in the mid-’90s stemmed from a push to treat chronic pain with opioids, which were formerly reserved for acute pain, and the release of OxyContin, which offered a more powerful, longerlasting drug than any previous oral pain medication.” In 2010, the composition of OxyContin was changed, which made it more difficult to abuse. Doctor shopping, street 10
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The Coalition sales of prescriptions and thefts of prescriptions from residences continue to plague communities across the Midwest. As prescription painkillers have become more difficult to obtain, and as their street price has increased, we have seen many people switch to the cheaper alternative, heroin. That observation is often confirmed by suspects during post-arrest interviews.
observed mostly small, one-pot production methods. However, the methamphetamine currently available on the streets in the Midwest Region available is extremely high quality and low priced. The Midwest has seen a substantial increase in marijuana and marijuana-infused edible products coming into the region from states that have passed medical and recreational marijuana laws and initiatives. Law enforcement agencies regularly get reports of people travelling to those states to purchase marijuana and edible products for resale in communities in the Midwest Region.
Synthetic Cannabanoids (Synthetic Marijuana), Synthetic Cathinones (Bath Salts), 25I-NBOMe (Synthetic LSD) and others The dangerous and unregulated synthetic drug market is also plaguing the Midwest Region and has increased law enforcement calls for service, emergency room visits and calls to area poison control centers. These drugs are perceived as being “legal” alternatives to marijuana, cocaine, methamphetamine and LSD and are sold at gas stations, headshops and via the Internet. Sellers try to circumvent current drug laws by labeling these products as “Not for Human Consumption” or disguising the drugs as “bath salts” and/or “potpourri”. These substances are often more dangerous than the traditional drugs they are purported to mimic and have caused a number of deaths. In August 2014, the owner of a Duluth, MN, head shop was sentenced in federal court to 17.5 years for the synthetic “poison” that he had been selling. People had been driving several hundred miles to purchase synthetics from his store, and he claimed he was making up to $16,000 a day on the sales of synthetics. The challenge for law enforcement and legislators is keeping up with the ever-changing chemical compositions of these products and Internet sales. In the late 90s and into the 2000s, methamphetamine was at epidemic levels in the Midwest. Through local initiatives, legislative measures and public awareness campaigns, we saw a decrease in the quantity of methamphetamine available on the street and the price was extremely high. However, recent reports indicate that our communities are again being flooded with large quantities of methamphetamine that is produced and trafficked by Mexican drug-trafficking organizations. Methamphetamine shipments, which are being transported from the Southwest Border to the Midwest Region in passenger and commercial vehicles, are interdicted and intercepted regularly. Vehicle traps and smuggling techniques, which are becoming increasingly complicated and complex, pose additional challenges and risks for law enforcement officers. Meth labs continue to remain low in numbers for most states in the Midwest Region. Clan Lab teams respond to many dumpsites and abandoned cook sites and have
NORTHEAST / NEW ENGLAND REGION REPORT By William E. Butka
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he New England area has been experiencing heroinrelated deaths for several years. The upswing in heroin deaths is directly related to prescription pain medication abuse. The cost of prescription drugs, as opposed to the cost of heroin on the street (anywhere of $4 to $10 a bag), is the catalyst for increased heroin use. Heroin purity today is greater than fifty percent (50%), in contrast to the heroin of the 70’s, which was around four to six percent (4%-6%) pure. The greater percentage of heroin in the New England area is white heroin, and its reported source is South America. In 2013, Connecticut recorded four hundred ninety (490) accidental intoxication deaths. There were nineteen (19) deaths attributed to other drugs (PCP, amphetamines, buprenorphine and bath salts). In 2014, appears to be a significant increase in deaths. What was surprising was the age spread from early twenty’s to mid sixty’s. Connecticut has historically had a heroin abuse problem due to its proximity to New York City and Boston. Marijuana usage appears to increase in Connecticut, with our school-age children believing that marijuana has been legal. There are signs of methamphetamine use and laboratories in sections of the state. Designer drugs, along with cocaine, are still being abused and continue to cause problems. Massachusetts has experienced a similar increase of heroin-related deaths, prompting Governor Deval Patrick to declare a public health emergency on March 27, 2014. The Boston Globe reported that “at least 185 people died of heroin overdoses between November and February”. 11
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The Coalition As a 501C-6 non-profit organization, the NNOAC employs corporate sponsorship in fundraising to support educational endeavors such as publishing this magazine. We value and support our corporate sponsors and are pleased to endorse each and every one as hand-selected to help promote the NNOAC’s financial success. Founded on the principle that drug makers have a responsibility to develop products that help individuals stay healthy and communities stay safe - Westport Pharmaceuticals Corporate Profile ST. LOUIS — For decades, the conversation around pharmaceutical innovation and accountability has been led by the big global pharma companies. But in St Louis Missouri, a start-up group of entrepreneurs are on a mission to change the paradigm from ‘big pharma’ to ‘good pharma’. Westport Pharmaceuticals, LLC is an innovative specialty pharmaceutical company, founded on the principal that drug makers have a responsibility to develop products that help individuals stay healthy and communities stay safe. Their focus is on developing the next generation of consumer drugs, making them just as effective as leading products, but highly resistant to illegal tampering and abuse. In other words, they believe drug companies should be concerned about not just how their products are used, but how they are misused as well. Westport’s first commercially available product, Zephrex-D, is a 30 mg pseudoephedrine formulation. But what sets it apart from other PSEs on the market is that it is the only pseudoephedrine brand that is highly meth resistant. Paul Hemings, the company’s vice president and general manager explains, “Today’s traditional pseudoephedrine products provide fantastic congestion relief, but unfortunately are often easily used for illicit meth making.” “Zephrex-D, is the only medicine on the market that combines pseudoephedrine, the nasal decongestant pharmacists trust most, with Tarex, our company’s patented, advanced meth-blocking technology. Tarex encrypts pseudoephedrine, protecting its chemical code and making it virtually impossible to “hack” by illegal meth producers. It totally prevents one-pot meth making and protects over 98% of the PSE from being converted to meth by any other of today’s illicit meth making processes. While there are other new pseudoephedrine products on the market that make meth production a little more difficult, only Zephrex-D can claim to make it practically impossible for today’s meth labs.” Available at nearly 24,000 national and local drug outlets throughout the United States, the unique, meth-blocking formulation also provides fast and effective relief, starting to work in as little as 30 minutes. Consumers get both 12
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Our focus is on developing the next generation of consumer drugs, making them just as effective as leading products but highly resistant to illegal tampering and abuse. We believe we’re not only responsible for how the medicines we produce are used, but we’re also accountable to limit their misuse. We like to think of ourselves as pioneering the era of “good pharma”.
The Coalition “We believe that by focusing on local communities where meth production is a major problem, we can make a big impact nationally and maybe get rid of today’s domestic meth labs the unsurpassed congestion relief of pseudoephedrine, and the peace of mind that they are protecting their kids and communities from illicit drugs. Meth-lab production is chemical terrorism – spreading fear, danger and crime in communities across America. Cops, sheriffs and firefighters are on the frontlines in the war against illegal meth production. When meth-labs begin to show up in communities, first-responders are put at special risk – from fires, explosions and deadly chemicals - as well as from the violent criminal behavior that goes with meth-lab production. Unfortunately, one of the easiest ways to make meth is by taking trusted, readily available pseudoephedrine, and ‘weaponizing’ it into meth. Restricting access to pseudoephedrine is one solution, but that punishes legitimate consumers and places a burden on local pharmacists. Medications with advanced meth-blocking technologies, such as Zephrex-D, could effectively cut off this supply of methmaking ‘ammunition’ to criminals, driving them out of business and eliminating meth-labs.
Current laws restricting access to pseudoephedrine impact legitimate consumers as well as pharmacists, who have had to take on law enforcement roles instead of focusing on helping and healing their patients. Hemings sees this as another area where Westport can change the conversation. “With the advent of meth-blocking technology, like we’ve developed in Zephrex-D, government can make it easier for pharmacists to sell - and consumers to choose - these new products. Congressional Bill H.R.4502—Stop Meth Labs and Enhance Patient Access Act of 2014—will do just that. It’s a Bill we passionately support”, says Hemings. “Our stance for individual health and public safety seems to have struck a chord. Retailers, law enforcement, community leaders, pharmacists, legislators - as well as consumer influencers - are enthusiastically engaging with us. We want to start a grass-roots movement for positive change.”
“Yes it’s a big goal” says Hemings, “But more importantly to us at Westport, it’s a good one.”
“Our point of view, and our technology distinguish Westport,” says Hemings. “In Missouri, where we are based, we recognized that meth production was a debilitating problem. And as a health-care company we felt compelled to be part of the solution - by creating products that help people feel healthy and do good things at the same time.”
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Westport Pharmaceuticals, LLC 11960 Westline Industrial Drive, Suite 180 St. Louis, MO 63146 Phone: (314) 282-2766 Key Contact: Paul Hemings Vice president and general manager www.zephrex-d.com/westport-pharmaceuticals
The Coalition Zephrex is proud to support the mission of the NNOAC as a paid advertiser and is fully endorsed by the NNOAC.
ZEPHREX-D
®
Powerful medication to relieve nasal congestion. Powerful dedication to eliminate meth labs. One of the most effective ways to combat domestic meth-lab production is to make pseudoephedrine products that are meth-resistant. One innovative American company, Westport Pharmaceuticals, has done just that. Their product, Zephrex-D pseudoephedrine, uses Tarex® to encrypt pseudoephedrine, protecting its chemical code and making it virtually impossible to hack by illegal meth producers. “In our community we saw a debilitating problem. As a health-care company, we took it upon ourselves to be part of the solution by always creating products that help people feel healthy and do good at the same time.”
Westport is fueling the shift from where big pharma is today. In the past, drug companies produced medicine but left it up to government & society to deal with illicit off-label use. Westport believes they’re not only responsible for how the medicines they produce are used, but are also accountable so that they can’t be misused. We like to think it as pioneering the era of “good pharma.” Our focus is on developing the next generation of consumer drugs, making them just as effective as leading products but highly resistant to illegal tampering and abuse.
Zephrex-D.com
Use as Directed.
Ask your Pharmacists for Zephrex-D.
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natlnarc.org 12.8.14 / R2 / Gazette Ad MARKETING
The Coalition
Enabling Effective Legislation through Technology
Information System (NFLIS) was not reporting on any synthetic drugs. Contrast that to just three years later when there were more 17,000 synthetic cannabinoid reports during the first half of 2013 alone. This growth is compounded by intentional, deceptive labeling designed to avoid sales restrictions and prosecution. As quickly as a jurisdiction makes a certain drug type or derivative illegal, modified substances make their way into the market to circumvent the new laws. It is striking how quickly the illicit market is able to evolve to avoid prosecution. For example, NFLIS data show that the AM-2201 accounted for more than 30% of synthetic cannabinoid reports in the first half of 2012 but only 21% of cases in the next six months, dropping to 5% by June 2013. Alternately, XLR11 accounted for just 4% of cases in the first half of 2012, up to nearly 12% in the next six months, spiking to 65% by time it was federally scheduled in May 2013.
High tech solutions needed to enforce laws for rapidly emerging threats By Joseph Smith and Kerstin Barr Thermo Scientific Portable Analytical Instruments, part of Thermo Fisher Scientific
T
he problem of illegal narcotics continues to grow at an alarming rate, and the drugs routinely found by law enforcement are no longer limited to traditional drugs of abuse such as heroin, cocaine, methamphetamine and MDMA (ecstasy). Recent years have shown significant growth of drugs collectively known as synthetics – synthetic cathinones, also called “bath salts” or “plant food,” and synthetic cannabinoids, also known as synthetic marijuana, “Spice” or “K2.” These drugs, often questionably legal and sold at convenience stores and smoke shops, are viewed by some users as safe alternatives, though the opposite is true – synthetics drugs can be even more dangerous, even deadly.
Leading Legislation Several states are leading the way to strengthen legislation against synthetic drugs. Alabama, Michigan and others are exploring – or have already implemented – analogue laws. While they vary by state, the intent is to classify the broader class of drugs, rather than legislating one molecule at a time. Colorado has taken a different approach, going after the business owners who sell synthetic drugs, seeking significant fines based on deceptive business practices; that is, selling products that are deceptively labeled and fail to disclose that they contain substances which are illegal and harmful. In September 2014, the Colorado Attorney General announced that a retail store was being fined $100,000 based on this legislation, which is the nation’s largest-ever civil fine against a single store for selling Spice products.
Technology for an evolving threat With drug targets evolving so rapidly, law enforcement agencies must keep pace by deploying the latest field- and laboratory-testing methods. Many are increasingly turning to Raman spectroscopy – specifically the Thermo Scientific TruNarc analyzer – to help in the fight against synthetics and other illicit substances. Leveraging widely accepted Raman spectroscopy, the TruNarc analyzer identifies hundreds of drugs, precursors and cutting agents with a single scan, including synthetic cathinones and cannabinoids in both bulk form and in final sellable form once sprayed on leaf material. Regular library updates to the closed loop library enable law enforcement to keep pace with the newest drugs
Growth and Evolution The explosive growth of synthetic cathinones and cannabinoids has shown no signs of slowing. The spring and summer of 2014 alone saw numerous frightening examples of the impact of synthetic marijuana. In May, nearly 120 people in Texas overdosed in a five-day span. A teen in California died in July after smoking synthetic marijuana. The next month, New Hampshire declared a state of emergency after more than 40 overdoses of a synthetic marijuana product were reported in less than a week. As of midyear 2010, the National Forensic Laboratory 15
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The Coalition
Spring 2014 Bushman with Tom Gorman, Director, Rocky Mountain HIDTA - HIDTA Directors Update Welcome Remarks: Chief Kim Dine, United States Capitol Police
Presentation of Colors: United States Capitol Police Ceremonial Unit Color Guard
Welcome Remarks and Introductions: President Bob Bushman
Bryan Scott, Director, Federal Government Sales, Enterprise Holdings - Corporate Sponsor Introduction
Donald Kennedy, Executive Director, NESPIN - RISS Projects and Resources
Kerry L. Sleeper, Deputy Assistant Director, Office of Partnership Engagement, Directorate of Intelligence, Federal Bureau of Investigation with Brooks & Bushman
Calvina Fay, Executive Director, Drug Free America Foundation - Anti-drug Legalization Initiatives and Resources
Gil Kerlikowske, Director, Office of National Drug Control Policy - Policy Updates
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Matt McDonald
The Coalition
Delegation Meeting
Sarah Allen, Counsel, House Judiciary Subcommittee on Crime House Judiciary Committee Policy Issues Gene Voegtlin, Director of Partner Engagement and Outreach, International Association of Chiefs of Police
Kshemendra Paul, Program Manager, Information Sharing Environment
Vice President’s Report Jason Grellner
Visitors from Sweden
Col. Steve McCraw, Director, Texas Department of Public Safety - Mexico Border Enforcement
Paul Hemings, Vice President and General Manager, Westport Pharmaceuticals - Corporate Sponsor Introduction
Karol Mason, Assistant Attorney General, Office of Justice Programs - Priorities and Law Enforcement Assistance Resources
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The Coalition Region Reports, cont. from page 11
The Massachusetts medical examiner’s office recorded seven hundred eleven (711) opioid poisoning deaths in 2012. Preliminary data from the Massachusetts Department of Public Health indicated a greater increase for 2013. There were no available official records for 2014. The problems in Connecticut and the Commonwealth of Massachusetts reflect the entire New England area. The push for medical marijuana was successful in all six New England states: Connecticut, Massachusetts, Rhode Island, Vermont, Maine and New Hampshire.
wishing to purchase a quantity of heroin simply places a call to the “dispatcher” and is given a location where a “runner” then meets the customer and distributes the heroin. These “runners” are usually younger Hispanic males who have been sent up from Mexico and are rotated out every six months. The “runners” rarely carry more than 40 grams at a time and have business hours for their operations. Many of these groups take a lunch break during which they refuse to make delivery. These organizations have always separated themselves from firearms while dealing; but, in the recent past, we have seen that trend change due to robberies of the “runners.” The investigation of these organizations is very time-consuming because the “dispatcher” is located in Mexico, so it is impossible to “ping” the phone to identify the location. In order to effectively identify the “stash” houses, one must conduct laborintensive surveillance, utilize vehicle trackers, and perform old-fashioned undercover work. The increase of crystal methamphetamine is coming from the Atlanta area, which has become a distribution point for the Southeast. Once received in Atlanta, pound quantity of crystal methamphetamine is distributed throughout the Southeast region. The distribution is usually consummated by use of the major interstates for transportation or, as has happened on several occasions, the use of one of many commercial bus lines. This area is still being overwhelmed by pharmaceutical diversion and the abuse of hydrocodone, OxyContin and Roxicodone. But I believe the overwhelming abuse of these drugs has contributed greatly to the growing heroin problems that have arisen in the Southeast, as well as in the other areas. Concerns about high-grade marijuana making its way from states that have legalized its use were highlighted in Tennessee recently. In late November, three people (two from Colorado and one from New Mexico) were arrested in Tennessee for, among other charges, engaging in a marijuana distribution conspiracy. Seized from a pickup truck driven across the country by one of the three suspects were 425 pounds of highgrade marijuana (valued at $1.7 million), $354,944 in cash, 17 “burner” cell phones with various states written on them, packaging materials to band and wrap large amounts of money, and four pounds of hashish. Further investigation revealed that the marijuana was hydroponically grown in Colorado.
DRUG TRENDS in the SOUTHEAST REGION By Troy Donegan
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he Southeast Region is comprised of North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi and Tennessee. In the past, this region’s drug trends were similar to the other regions in the United States. The most prevalent drug was marijuana, followed by cocaine and methamphetamine. But in recent years, abuse of pharmaceutical, synthetic, opiate-based drugs have changed these areas dramatically. In the past, officers rarely made arrests for heroin or crystal methamphetamine. I have been involved in law enforcement and, more particularly, in narcotic enforcement for over 30 years. Up until two years ago, I could count on one hand the number of heroin arrests. But that has changed and, in my opinion, will continue to grow in this region, as well as in the rest of the United States. This region is being inundated with heroin and crystal methamphetamine. The use of cocaine has dropped dramatically in the past year; to the lay person, it would appear that we are “winning the war on drugs”. But those of us who are involved in drug enforcement know that that drug, which has plagued this region for the past two decades, has been replaced by heroin. The heroin is now being distributed by well-organized Hispanic cartels operating in most major cities, with ties to the smaller satellite cities that surround them. These distributors are utilizing “dispatchers” who operate in Mexico and maintain a cell phone with an area code that corresponds with the state in which they are working. A potential customer 18
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The Coalition
WHAT ARE POLICEMEN MADE OF? By Paul Harvey
D
on’t credit me with the mongrel prose: It has many parents—at least 420,000 of them: Policemen. A policeman is a composite of what all men are, mingling of a saint and sinner, dust and deity. Gulled statistics wave the fan over the stinkers; underscore instances of dishonesty and brutality because they are “new”. What they really mean is that they are exceptional, unusual, and not commonplace. Buried under the frost is the fact: less than one-half of one percent of policemen misfit the uniform. That’s a better average than you would find among clergy! What is a policeman made of? He, of all men, is once the most needed and the most unwanted. He’s a strangely nameless creature while it is “sir” to his face and “pig” or worse to his back. He must be such a diplomat that he can settle differences between individuals so that each will think he won. But…If the policeman is neat, he is conceited; If he’s careless, he’s a bum. If he’s pleasant, he’s flirting; If not, he’s a grouch. He must make an instant decision which would require months for a lawyer to make. But…if he hurries, he’s careless; If he’s deliberate, he’s lazy. He must be the first to an accident and be infallible with his diagnosis. He must start breathing, stop bleeding, tie splints and above all, be sure the victim goes home without a limp, or expect to get sued. The police officer must know every type of gun, draw on the run, and hit where it doesn’t hurt. He must be able to whip two men twice his size and half his age without damaging his uniform and without being “brutal”. If you hit him…he’s a coward. If he hits you…he’s a bully. A policeman must know everything-and not tell. He must know where the sin is and not partake. A policeman must from a single strand of hair, be able to describe the crime, the weapon and tell you who the criminal is and where he is hiding. But…if he catches the criminal, he’s lucky; if he doesn’t, he is a dunce. If he gets promoted, he has political pull; If he doesn’t, he is a dullard. The policeman must chase a bum lead to a dead-end, stake out ten nights to tag one witness who saw it happen-but refused to remember. The policeman must be a minister, a social worker, a diplomat, a tough guy and a gentleman. And of course, he’d have to be a genius…for he will have to feed a family on a policeman’s salary. 19
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The Coalition
Breaking Down Ferguson
away from the robbery as if this were the natural course of doing business? That initial act tells the story of an altered individual whom many called a “gentle giant”.
What changed in Michael Brown that day?
Logically
A
s the country deals with the aftermath of the Ferguson riots and the debates over race as the cause of all of the unrest continue, I would rather look at the root cause of the incident. The screen saver on my computer states, “Drugs are the root, if you’re not getting the root what are you doing?” Over 20 years of narcotics work has taught me that whenever there is an illogical event, like an unarmed man attacking one who is armed, there must be a logical cause. I have seen too many times how drug-altered individuals act in a manner that defies rational thinking and act in ways we may never understand.
Finding the root
For me, Ferguson isn’t some far-off place or burned-out American ghetto in the heartland of America. Ferguson is where I spent the first 10 years of my life. I attended the Ferguson-Florissant School District through the third grade. I remember walking to school with friends, black and white, and then being bused to a new school as a part of the government’s desegregation program. No race wars, just naive children taking a little longer to get to and from school in a big, yellow, bouncy bus. Now, 40 years later, the town of my childhood memories is the place of riots and protests; and I am left asking, how does that happen? This article isn’t long enough to ponder all of the socioeconomic problems and dysfunctional family lives plaguing the area. I have often been told that you can’t legislate morality; by my estimation, though, the government has certainly had a hand in legislating it away. Whether it is the far left crying out about freedom of choice or the far right banging the gavel for less government intervention and more constitutional rights, it seems that the polar opposites agree more often than not. The only thing remaining for the left and right to argue about is who cleans up the mess left behind. But I digress; the catalyst in Ferguson is more about personal responsibility and actions, which should seem more illogical than they do.
Recognizing illogical behavior
Has it become so common place in America that an individual feels free to walk into a brightly lit store – in the middle of the day, with half a dozen eyewitnesses milling around – and commit a strong-arm robbery without even trying to conceal the crime? To intimidate and shove the store owner, like brushing away a fly, and then casually stroll
Was it a mental snap, an emotional breakdown, or is the answer found in the toxicology report from the medical examiner? Was Michael Brown hopped up on methamphetamine, freaked out on LSD or PCP, drunk as a sailor on shore leave? No. He was high on marijuana, and a lot of it. Toxicology reports show the amount of THC in Michael Brown’s blood was 12 nanograms per milliliter (12 ng/ML), and the amount in his urine was 150 ng/ML. Let’s put that in perspective. In Colorado, proponents inaccurately described the harmlessness of marijuana and promised immense government tax flow made off the backs of new addicts. Then a constitutional amendment ushered in recreational use of marijuana as a personal freedom and choice. Colorado used limited reports to represent THC intoxication at 5 ng/ML of blood. Scientific studies now show that the number should be much closer to about 2 ng/ ML of blood. So at best, Mr. Brown’s level was 2.5 times the legal limit of intoxication and, at worst, 6 times.
Not your uncle’s THC
Stories leaking through the media quote sources who report being with Mr. Brown “dabbing” or “waxing” almost pure THC just before the fateful incident. “Dabbing’ or “waxing” is a new way of using butane or other chemicals to extract almost pure THC from marijuana, giving the user a dose of almost pure THC. Now, before any readers disconnect at this point by saying that I am just rehashing (pun intended) the “Reefer Madness” articles of the sixties, we have a lot more science to back up the claim that marijuana played a much larger role in this incident than race ever did. The marijuana of the 60’s, 70’s, 80’s and 90’s had a THC content of 1.5 to 3%. To quote one of my friends from Missouri’s “Show Me Cannabis” campaign, “We smoked a lot of really bad weed back then.” One “dab” of today’s 90% or more pure THC now represents smoking 30 marijuana joints at once with the potency of just 15 years ago. Now, back to the robbery of the convenience store: What was taken in this strong-arm, broad-daylight robbery? Stacks of cash from the register? Mounds of scratch-off lottery tickets from the display? Expensive liquor? Food to feed a starving family? No. Cheap “Swisher Sweets” cigarillos were what Mr. Brown was willing to fight to the death for. Again, does this sound logical, like the acts of a man in control of himself and his faculties? Or does it sound like an addict controlled by an altered brain that wanted one thing,
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The Coalition more marijuana, and the “blunts” (cigarillos) that were a means to access the chemical THC that the brain craved? You must understand “cigarillos” are easily converted on the streets into “Blunts” after being repacked with marijuana. Those bent on forcing their skewed view of reality will quickly point out that marijuana is a party drug that mellows you out and makes you feel good. They will constantly drone on that “Marijuana has never killed anyone!” That generality is like saying, “Every drunk is a lamp shadewearing, life of the party”. I have fought with, empathized with, and tried to rationalize with more drunks in my career than I care to count for that to be true. The truth of the matter is that the amount of the THC controlling Michael Brown’s brain, at the time of his death, would have unknown effects on him, but it definitely altered him and ultimately led to his death. This explains why his actions seem so illogical to those who knew him best. Assuming that Officer Wilson was not a racist, sociopathic killer bent on finding someone to murder in the middle of his shift (which seems highly unlikely), we must again ask ourselves if a mentally sound, chemically unaltered individual would attack an armed, trained police officer for a pack of cheap cigars. One seems as illogical as the next. When we look at the last acts of Michael Brown through the scientific and forensic facts of marijuana, however, we find the answers to understand his actions. Studies now show links between marijuana and aggressive behavior, short-term memory loss, depression, and the early and pronounced onset of mental disease. Numerous stories coming from Colorado show the profound, harmful effects of marijuana on individuals and those with whom they share their lives. Distorted, irrational and chemically disoriented are words that describe an individual willing to die for stolen cigarillos. Michael Brown may or may not have been the “gentle giant” described by family and friends, but one thing is certain: because of marijuana, Michael Brown was not himself. After nearly a quarter century in law enforcement, I know one thing for certain – as do my dedicated brothers and sisters – 80% to 90% of all crime is committed by individuals battling the disease of drug or alcohol addiction. This disease that steals more lives in this country each year than automobile accidents. Who knows what was going through Michael Brown’s mind as he ran towards a uniformed law enforcement officer firing at him from almost point-blank range? Who knows why his brain did not force his body to stop after being shot at least five times before the fatal round? What we do know is that Michael Brown’s brain was under the control of marijuana, and that is the only logical answer to this illogical situation. 21
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Effective Legislation, cont. from page 15
as they gain traction in the market through safe, accurate, reliable identification. For legislators, this field identification has additional benefits, reducing the time it takes to investigate and process drug-related crimes and reducing drug-case backlog.
Paving the way for the future Perhaps most troubling about synthetic drugs is that they continue to reach younger, easilyinfluenced populations. Education – within communities and families – can help reduce abuse, but it is important that law enforcement is equipped with the legislative support and technology to quickly identify these drugs. Lance Dyer, a Georgia native who lost his 14-year-old son due to the effects of synthetic marijuana, says, “Education on the dangers of deadly synthetic drugs is sometimes not enough. We need to put drug detection directly into the hands of the folks who can do the most about it – police officers. The technology is out there, and we need to ensure that every sector of our society is taking advantage of it.” Law enforcement and legislative personnel have a tremendous challenge ahead. Crafting impactful legislation is part of the challenge. Putting the right tools in the right hands is equally vital – providing law enforcement with the tools to properly enforce legislation to get these dangerous drugs off the street. ----------------------------------
For more information about Thermo Scientific TruNarc visit www.thermoscientific.com/trunarc Continued on page 26
The Coalition Making a Mockery of the Law
• Don’t we expect our citizens to obey the law? • Don’t we teach our youth to follow rules in sports, school and at home? • Isn’t it true that most federal, state and local government leaders and officials take an oath of office which includes obeying the law of the land?
Brief History
M
ankind recognized the need to enact and enforce law from the beginning of time. It is often called the most basic social institution and absolutely critical for a civilized society to exist. Most historians believe the first written law was around 3000 BC. Some well-known systems of law in ancient times include Hammurabi’s Code, the Ten Commandments and the Law of Moses. The Roman “Laws of the Twelve Tables” were the basis for not only Roman law but influenced European law.
What is the Law of the Land Related to Marijuana? Federal law takes supremacy over and pre-empts state law. Under federal law:
In the United States, the Declaration of Independence speaks to the need for law: “…all men are created equal and are endowed by their creator with certain unalienable rights.” In order to protect “unalienable rights” there must be a code of law. George Washington, prior to the Constitutional Convention wrote: “We are fast verging to anarchy…” acknowledging the need for a national document of law known as the U.S. Constitution. In response to the “Whiskey Rebellion” in 1794, President Washington proved the federal government could enforce law in states and said, “If the laws are to be trampled upon with impunity…there is an end put, at one stroke, to republican government.”
• 21 U.S.C. 841: A person who manufactures or distributes marijuana is committing a felony. • 21 U.S.C. 841: When two or more people conspire to manufacture or distribute marijuana, they are committing felonies. • 21 U.S.C. 841: Anyone who aids and abets the manufacture or distribution of marijuana is committing a felony. • 18 U.S.C. 1956, 1957: Anyone who launders drug proceeds is committing a felony. • 21 U.S.C. 856: Property acquired with drug proceeds or property used to facilitate the manufacture or distribution of marijuana is subject to seizure and forfeiture.
Article I of the U.S. Constitution establishes the Legislative Branch (Congress) with the power to enact laws. Article VI establishes the supremacy of national law over state law and is often called “the lynchpin of the Constitution.” Throughout U.S. history, presidents such as Jefferson, Lincoln, Kennedy or Reagan, all have emphasized the respect for and obedience to the law. In our country, if we disagree with a law, we can work to change it. However, we do not have the right to violate the law simply because we disagree with it.
Licensed by Government to Commit Felonies Many states have legalized marijuana either for “medical” or recreational purposes through legislation or ballot initiatives. However, a state law cannot supersede federal law nor can a state authorize or license others to violate federal law. That would be aiding and abetting in the commission of federal felonies and supporting criminal enterprise, which is a crime. That is not to say that a state has to mimic federal law. For instance, a state could modify or eliminate its marijuana laws. However, the federal authorities could continue enforcing federal controlled substance laws regardless of whether the state does.
Questions • Isn’t the rule of law the difference between civilized society and anarchy? • Aren’t we a country founded on the principle of respect for the law? 22
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Mockery, cont. What a state law cannot legally do is to promote the violation of federal law. Would it be acceptable for a state to authorize and license people to produce counterfeit money? What about authorizing and licensing individuals to make explosives? How about authorizing and licensing people to violate another’s civil rights? The answer would be, “Absolutely not.” Then how can we justify a state authorizing and licensing criminal enterprises to distribute a Schedule I substance, a federal felony? Legally they cannot since they are committing federal felonies themselves by conspiring and/or aiding and abetting the commission of a federal crime. Technically, everyone who facilitates the manufacture or distribution of marijuana, whether a legislator, government official, government employee, distributor or cultivator, are committing federal felonies. Not only are they subject to arrest but all property that facilitates this illegal act is subject to seizure and forfeiture. Additionally, all funds that are laundered as tax revenue by the government are subject to seizure. Whether or not the federal government elects to enforce its law related to manufacture and distribution of marijuana, that doesn’t change the fact that it remains a criminal act. We should enforce or change the law, not make a mockery of the law. Is this the beginning of a slippery slope that will slowly subject the United States of America to the same fate as Rome and others? History does repeat itself! Thomas J. Gorman Director, Rocky Mountain HIDTA December 2014
© Kelly Boreson | Dreamstime.
The Coalition
From the back cover: We did a search for “police helping” for our cover photo this issue. The results were disappointing to say the least. When will the general public realize that these are our brothers, and sisters, wives and husbands, fathers and mothers out there VOLUNTARILY stepping up to the front line for our safety and what it means to make a decision like that? To experience not only making the right decisions in dangerous, high-stress situations most people will never face but to take action on another human being in full cognition of the consequences. To accept your own actions could lead to your death; knowing your children may grow up without you. Ultimately, being forced to do the wrong thing for the right reasons on a daily basis.
FEATURE: Critical Incident Survival - Changing the Perception of Law Enforcement by Peter F. Boyce, Attorney at Law and General Council for the National Narcotics Officers Association Coalition
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he law enforcement profession is under siege. The press seldom presents a fair and balanced view of a critical incident particularly involving the use of force. Internet, media, and forums promulgate more misinformation than an accurate recitation of the facts. Recent events exhibit that now is the time for the law enforcement community to take a proactive approach to each critical incident and change the public perception of the professional law enforcement officer. No longer should the response to a critical situation be as many law enforcement lawyers suggest, “pending 23
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The Coalition Surviving the media, continued from previous page investigation” or “no comment”. Instead a professionally trained, public information officer can be an advocate for officers and departments when a critical incident occurs. Such a spokesperson who understands Critical Incident Survival can and will change the perception that law enforcement seeks only to protect its own but in fact is dedicated to the role of protecting and serving the public. Departments, agencies and professional associations must train officers, supervisors, and media/public information officers to react promptly and adequately to a critical incident so digital media, chat rooms, print media, and television get a fair and balanced or “transparent” understanding of what occurred in the critical incident promoting an understanding of background and context leading to that incident. The public perception of the police in many communities is abysmal. Recent high profile use of force incidents have galvanized some to implement policy and procedures that hamper law enforcement efforts and a times pose great risk to any officer who interacts with the public. The perception held by the public of the police is being shaped and molded by a mostly liberal media who have no real respect or understanding of the constant dangers most officers confront in their profession. The senseless slaying of two New York police officers while sitting in the police car received some coverage mostly because the media reported the executions were a reaction to the more widely publicized incidents in Missouri and the cigarette seller in New York. Sixty-seven officers died in the line of duty in 2013 and 49,853 were victims of line of duty assaults according to the FBI. It is disheartening that acts of violence against officers or great deeds of kindness or valor seldom grab much
if any media attention. Officers involved in critical incidents should never give information to the media. Instead trained law enforcement professionals must direct and control the disbursement of information. At times investigative facts should be withheld but lawyers and prosecutors who defend and supervise the officers in civil and criminal actions that emanate from critical incidents must understand the importance of giving background and context to each critical incident or use of force event. Background and context are important in shaping public perception which can sway the community so that they may understand what officers confront during the brief time frame of a critical incident. Often the press quickly victimizes the bad guy and the legal representation of the officer and the departments often refuse to speak to media in any meaningful way. A trained law enforcement advocate can give facts that suggest the danger confronted, the training given to each officer in how to react to that danger, and the fact the officer must often take spontaneous action without the benefit of knowing what the real intentions of the bad guy might be. Many in the media want the officer to serve, not serve and protect. The liberal media does not seem to care or understand that the officer who confronts a suspect posing a potential danger has a right to protect himself and his fellow officers and that the officer has a right to be able to return safely home each day after the shift is complete. Since media has a significant affect on public perception of law enforcement, the time has come to counteract media hypocrisy without prejudicing either the officer or the department. A fair and balanced media campaign should include utilizing a trained, media law enforcement officer 24
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but also must include comprehensive training programs and equipment for all officers from those on the front lines to the top brass so all know how to survive a critical incident. Body cameras are needed and funds must be provided to properly equip all of law enforcement. Each officer must be regularly trained on critical incidents, the use of force, and the duty to protect as well as kept up to date on emerging legal decisions that can and do shape policy and procedure. Law enforcement should not be maligned by media because the government entity that controls the budget refuses to provide the funds necessary to train and equip each officer. Training budgets have been slashed for too long yet the public expects and the media demand well trained, equipped police. Most importantly, a comprehensive Critical Incident Survival Plan should be implemented now. Each department, agency and association needs to determine how best to react to a critical incident in each community. No single solution will fit each community. Citizen review panels, citizen police academies, national certifications, community outreach programs, compulsory training well above most state minimum requirements are some options. Only then will the public perception of law enforcement mesh with the positive, proactive service provided by police who have a full understanding of the law including the rights and responsibilities of both the public and police. WDYT? Will public perception of law enforcement ever mesh with the positive, proactive service provided? Get engaged. Write to us with your opinion!
The Coalition
Telepsychiatry Helps Increase Access to Psychiatrists in Correctional Settings and Beyond By Jim Varrell, MD
T
efficiently from my home office while I see patients in need regardless of their location whether it be a clinic, hospital, or correctional facility.
elepsychiatry, or psychiatric care provided through real-time videoconferencing, is a widely used medium for bringing psychiatric care into locations with limited access to mental health professionals. It allows for a psychiatrist or other mental health professional to see, evaluate, diagnose and treat patients without having to be in the same physical space.
I am only one of the thousands of psychiatrists practicing this way. In 2015, we estimate that over a million psychiatric encounters will occur via telepsychiatry.
Telepsychiatry is an application of telemedicine, a rapidly growing industry that incorporates technology into healthcare delivery to enable remote assessment and treatment. Scores of clinical research have shown the effectiveness of telepsychiatry in nearly all settings and populations, including corrections.
Telepsychiatry is widely used in a correctional facility to offer a number of services. For example: Initial Psychiatric Evaluations Suicide Risk Assessments Psychiatric Crisis Evaluations Medication Management Substance Use Services Treatment Team Meetings Supervision and Medical Leadership of onsite staff - Diversion Programming - Pre-parole Evaluations - - - - - - -
It is widely recognized that correctional populations have a significant need for psychiatric care and that correctional facilities often struggle to meet those needs given limited resources, restrictive settings and shortages of qualified and willing providers. For example, when mental health services are not available onsite, a trip to the hospital for an inmate can cost up $2,600 in transportation and officer overtime alone. Add to this visit the actual charges from the hospital and the provider, and it makes obvious sense that whenever possible, services should be delivered to inmates and not vice versa. Telemedicine and telepsychiatry have made this possible, and it is now commonplace for mental health professionals to “beam in” to correctional facilities to conduct assessments and provide treatment through videoconferencing.
Sometimes correctional facilities utilize a scheduled model of telepsychiatry where they rely on regular blocks of a telepsychiatrist’s time to provide routine care, medication management and psychiatric assessment just as if the psychiatrist were onsite each week. Other times, facilities utilize an on-demand model of telepsychiatry where they request a psychiatric evaluation or consult for an inmate in psychiatric crisis or other immediate need and are able to receive care from a remote provider whenever they need it. This allows for an inmate to stay on site rather than be transferred to a hospital during a psychiatric crisis. This also allows inmates to receive assessment and care quickly as compared to waiting for in-person services.
I am a psychiatrist who has been practicing telepsychiatry for the past 15 years. I’ve seen patients in the nearly 20 different states where I am licensed, and have probably conducted more than 10,000 psychiatric evaluations via video throughout my career. With telepsychiatry I utilize my time 25
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The Coalition Telepsychiatry, continued from previous page
on medication and cuts the cost of prescriptions for those who truly need it. I worked at one correctional facility that was able to cut their medication costs by $480,000 once they implemented a telepsychiatry program and gained regular access to a psychiatric prescriber.
The benefits of telepsychiatry within a correctional setting are numerous. For example: 1. Cost Savings: Correctional facilities save money on transport and supervision costs by utilizing telepsychiatry. Telepsychiatry also lowers call obligation, custody and overtime expenses.
5. Easier Access to Specialists: Telepsychiatry represents access to corrections-specific psychiatrists who are sensitive to the nuances of treating offenders. When providers don’t have to commute to your facility, you are able to expand your pool of potential providers and find individuals who are the best fit for your population’s needs.
2. Quality Care: A number of clinical studies show telepsychiatry to be as effective if not more so than in-person care. 3. Improved Safety, Reduced Liability and Risks: Telepsychiatry means that an inmate is able to receive care in a secure, familiar setting. Additionally, telepsychiatry reduces public safety risks by cutting down on offsite transportation.
About the author: Dr. Jim Varrell is a child and adolescent psychiatrist with over 15 years of telepsychiatry experience. Dr. Varrell is an active advocate for telemedicine and teaches clinical best practices for telepsychiatry to providers and organizations all over the country. Dr. Varrell regularly offers psychiatric care within correctional facilities both in person and via telepsychiatry.
4. Proper Pharmacology: Appropriate medication management and routine care via telepsychiatry reduce the potential of escalation and psychiatric emergencies. Data shows that access to a psychiatrist who is able to adhere to a correctional medication formulary significantly reduces the number of inmates
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The Coalition
What Employers Should Know: The Marijuana Conundrum is Bad for Business
Typically, we learn from the experience of others as we follow in their footsteps. Where so-called medical marijuana is concerned, there is much that we can discover from the 23 states and the District of Columbia. Additionally, Colorado and Washington have legalized the possession, cultivation, production, distribution and retail sale of pot for so-called recreational purposes. Legal pot in these states has rendered many costly and serious issues of which business owners, industry heads, governments, and community stakeholders need to be aware. Unfortunately, as evidenced in the recent November 2014 elections, voters have continued to be duped by pro-pot lies, legalizing marijuana in the U.S. Territory of Guam for “medical” use; and for any purpose in Oregon, Alaska and the District of Columbia. Employer Liability and Risk As scientists are researching methods to determine impairment levels in individuals that have consumed pot, insurance underwriters, human resource professionals and legal experts scramble to assess the effects in the workplace and how to respond. While there are many safety-sensitive functions performed by employees, driving is one of the most common. With millions of people on the road daily, vehicle crashes and their causes have been statistically well-documented for decades by law enforcement, the National Transportation and Highway Safety Board and other agencies. In states that have liberalized their marijuana laws, there have been significant increases in vehicle accidents. According to the 2013 impact report from the Rocky Mountain High Intensity Drug Trafficking Area (HIDTA), “From 2006 to 2011, traffic fatalities decreased in Colorado 16 percent, but fatalities involving drivers testing positive for marijuana increased 114 percent.” Since marijuana was fully legalized in that state in 2012, it is expected that injuries and fatalities will surge. Scientific studies show that marijuana affects critical driving skills such
as reaction time, coordination, decision-making and perception, and is the most prevalent illegal drug detected in impaired drivers. A recent analysis of nine epidemiological studies conducted by scientists at Columbia University College of Physicians and Department of Public Health concluded that drivers who test positive for marijuana are more than twice as likely as other drivers to be involved in a crash. Injuries from accidents will directly affect the cost of auto insurance, as well as workers’ compensation insurance and other liability coverage. Our Future Workforce Even without legal pot, employers in many states are concerned about the outlook for their future workforce. As marijuana becomes normalized and the perception of risk is reduced, younger and younger individuals will likely begin consuming pot. Already the marijuana industry, just like “Big Tobacco,” is targeting youthful consumers, using brightly colored packaging and an appealing array of marijuana edibles such as candies, sodas and other sweets. The pot food industry has capitalized on highly potent marijuana concentrates called hash oil or honey oil (among other names) that are simply added to the products. These same powerful substances are also easily used with “smoking” paraphernalia such as e-cig devices, e-hookahs or vaporizer (“vape”) pens which work by highly heating or vaporizing – not burning – the pot concentrates. The odorless vapor is inhaled, allowing users to conceal use and avoid detection. This is especially appealing to young people, who can literally consume pot anywhere. Aside from the consequences of being high, a critical concern noted by the National Institutes on Drug Abuse (NIDA) is that adolescent brains are not fully
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The Coalition developed until their mid-twenties, with the frontal lobe controlling impulse and attention forming last. Science shows that altering brain chemistry through substance abuse can cause permanent injury, setting up our future workforce for life-long struggles. Even today, employers in some industries are concerned about finding fewer and fewer job applicants who are capable, ready to work, and can pass a drug test. Some industries that attract young, unskilled workers also have the highest rates of current drug use among employees. The most recent industry data collected (2002-2004) by the Substance Abuse and Mental Health Services Administration (SAMHSA) revealed that of the major occupational groups, food service workers (17.4 percent) and construction workers (15.1 percent) exhibited a higher prevalence of past month illicit drug use than other occupational groups. At the time data was collected, only 8 states (AK 1999, CA 1996, CO 2000, HI 2000, ME 1999, NV 2000, OR 1998, and WA 1998) had legalized “medical” marijuana and commercial marijuana sales through dispensaries had not yet commenced. It is likely that these numbers have significantly increased and impacted other occupational groups. Further evidence of the potential effect to our future workforce comes from the Rocky Mountain HIDTA, reporting that the percentage of youth aged 12 to 17 years old considered “current” marijuana users was at 10.72 percent in Colorado in 2011 where marijuana had been legal as “medicine” for 11 years. The national average was considerably lower at 7.64 percent, which was the highest level since 1981. This is not good news for employers. The Bottom Line Supported by numerous studies, researchers have found that employees, who use marijuana and other drugs, negatively impact the bottom line for employers due to increased absenteeism, more workplace accidents and injuries and higher healthcare costs. According to a leading medical journal, marijuana users had 50 percent more industrial accidents than non-users. Here are some facts: • One study published in the Journal of the American Medical Association as early as 1990 determined that marijuana users had 85 percent more injuries at work than non-users. The same study revealed that employees who 29
tested positive for marijuana had 55 percent more industrial accidents. • SmithKline Beecham Healthcare Services reported that illicit drug users are five times more likely to file a workers’ compensation insurance claim. • According to the U.S. Department of Health and Human Services, employees that tested positive for marijuana averaged absentee rates 75 percent higher than those that tested negative.
The Conundrum The tangled web of conflicting and diverse laws and statutes being drawn across the country varies from state to state, from jurisdiction to jurisdiction, making this issue very confusing for all concerned. So far, most states have upheld employers’ rights if they have a workplace policy that prohibits the possession of or presence of marijuana in their employees’ systems while at work. The fact that marijuana remains federally illegal has been favorable for employers enforcing workplace rules and for the judges who may rule on related court cases. However, the Drug Enforcement Administration has been instructed by the U.S. Attorney General to all but ignore marijuana enforcement in states that have legalized it. Businesses that work on federal contracts must still comply with drug-free workplace requirements and perform required drug testing. U.S. Department of Transportation (DOT) covered employees must also continue to follow the rules established by DOT. However, the employer-friendly attitude of our judicial system may soon be lost. Along with the wave of legalization efforts across the country, comes the upswing of marijuana-related civil rights litigation. In October 2014, a New Mexico appeals court ruled that an employer must pay for an injured employee’s “medical” marijuana through workers’ compensation insurance. Also in October, a Michigan appellate court ruled that workers can receive unemployment benefits if they are fired for using pot under the state’s “medical” pot statute. It is likely that these cases will be appealed, but at what cost for the employer?
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The Coalition A key court case currently in the Colorado Supreme Court (CSC) is Coats v. Dish Network, LLC. At issue is whether an employer acted lawfully in terminating an employee who tested positive for marijuana, despite the fact that the disabled employee had a doctor’s recommendation for “medical” marijuana. Two earlier courts ruled that the employer had acted in accordance with the law. The CSC ruling, expected by year’s end, will be significant to employers in all states. Upholding the previous decisions will likely strengthen employers’ rights everywhere to terminate employees for any marijuana use, while an outcome that favors the employee will cause additional confusion.
• Educate all employees about the effect of drugs in the workplace. Train supervisors and managers about in-house company procedures regarding drug testing situations, such as what to do when an employee is in a workplace accident. • Review the company’s employee handbook and disciplinary procedures, as well as orientation and training programs, to ensure they provide continuity in message and intent. • Know that the DOT regulations remain the same despite any state or local statute changes approving marijuana for any purpose. If they have DOT regulated employees, ensure they are familiar with those rules.
The only certainty is that there will be many, many years, even decades, of turmoil and legal proceedings that will challenge every aspect of marijuana usage in society. It will affect the way employers operate and will increase the costs of doing business. By proactively taking action, employers can get ready for the future. Be Prepared So what can employers do to mitigate the impact of permissive drug laws on their business? Consider the following suggestions: • Implement a strong drug-free workplace written policy, or if they already have one, review it now and at regular intervals, seeking input from experts as needed.
• Specific safety-sensitive industries and professionals with state licenses should seek guidance from their state licensing organizations with regard to any changes to state statutes regarding marijuana. • Industries with union involvement should consult with officials to determine how state (or local) law changes will affect workers.
While, no doubt, there will be many uncertainties to weather in the months and years ahead, informed and proactive employers will be best prepared to endure the storm.
• Stay abreast of changes to state statutes (and in some cases even local laws) including ballot initiatives, referenda, etc. They could join or remain active with business serving or networking organizations such as Chambers of Commerce that could be beneficial for this this goal. Join with other employers to voice opinions.
Karen Belanger is the Program Manager of the National Drug-Free Workplace Alliance, a division of Drug Free America Foundation, Inc. For more information please visit the websites at http://www.dfaf.org and http://www.ndwa.org or e-mail NDWA at info@ndwa.org.
• Stay in communication with their insurance agent and carrier to determine any modifications there may be regarding coverage, costs and discounts. • If they utilize a professional employer organization (PEO) or employee leasing firm, they should consult with their account manager to see how new statutes will affect their company.
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