Archive for Cops & Cannabis

Signs Your State Cannabis Regulatory Agency is More Interested in Being a Police Force

In Washington State, our Liquor & Cannabis Board (WSLCB) has developed policy to tap into people’s cellphones instead of just calling them up over regulatory compliance issues.

311.3.1 RESTRICTIONS ON CELL SITE SIMULATOR USE
“An LCB Enforcement Officer may only install or use a pen register, trap and trace device or cell site simulator device with a supporting court order or when there is both coordination with a prosecuting attorney and joint determination of probable cause to believe an emergency situation exists that involves immediate danger of death or serious bodily injury to a person. A court order must be obtained within 48 hours after installation of the pen register, trap and trace device or cell site stimulator device when an emergency situation exists (RCW 9.73.260)”

We received this in part of in a file today in a public records request about WSLCB search and seizure policies. Full document available on the 420leaks database at: https://app.box.com/s/wngfvo51soy4d6ph90qbbfyz4r1gmnda

(Photo used from EFF.ORG)

In his own words: WSLCB Officer and Whistleblower John Jung

NOTE FROM 420LEAKS: After hearing his testimony in front of state legislators in March, we decided to attend Officer Jung’s court hearing in his lawsuit against the Washington State Liquor and Cannabis Board (WSLCB) in June.

We wish to thank Officer Jung for having the courage to come forward and take his battle to the courts. Although he lost in Pierce County Superior Court, we hope he appeals the ruling as his evidence is overwhelming, to say the least.

We have started a new folder on the 420leaks database specific to his case. New files will be added as they become available. You can view those files here, including the transcript of the last court hearing.

Having said that, we wish the agency would be disolved or just go back to being a commercial regulatory agency and stop trying to become police officers.

We have watched the WSLCB beg the state legislators for full police powers after i502 passed in 2012. The legislators turned them down every time. Now they have a dubious win in court.

It changes the nature of the agency relationship to their licensees and the public in ways we did not vote for with our medical or adult use cannabis laws.

It is well beyond time to remove it from the controlled substances act completely.  And to take this out of the hands of this agency completely.

The story told by Officer Jung emphatically shows us the level of corruption on the inside, and it begins at the top levels of leadership.

They are an agency that has found itself on the receiving end of a cash windfall, thanks to cannabis regulation and enforcement. It is time for this state to reign them in, if not completely destroy them by absorbing their duties into the other regulatory, without the police state goon squads.

What happens if one of these officers who don’t have the proper training has a weapon accidently discharge, or worse, actually shoots someone?




In his own words: WSLCB Officer and Whistleblower John Jung


I’ve been a liquor enforcement officer (LEO) for the past 11 years with Washington State Liquor and Cannabis Board (WSLCB).

However, in recent years, I have noticed what I consider to be unethical and unlawful acts against the public; from inconsistent application of rules to preferential treatment of licensees, but the most notable problem being LEOs without proper police training being passed off as if they are peace officers, contrary to the requirement of RCW 43.101.095.

After Citizen Review Panel investigation into WSLCB’s problematic enforcement activities, it was concluded that WSLCB needed to apply more consistent enforcement practices and meet the state law enforcement training standards by enrolling all new LEOs to the Basic Law Enforcement Academy (known as BLEA) at the Criminal Justice Training Commission.

This was a part of the accountability assessment from the investigation findings. WSLCB acknowledged that more consistent standard training will result in more responsible LEOs for the division. With funding approved, WSLCB initiated BLEA training for all new recruits.

Unfortunately for WSLCB, between 2002-2007, retention of LCB officers who had completed BLEA training had a critically high turnover rate during that period of 43 officers, nearly 50%.

In fact, nearly 80% of the candidates left the agency with full law enforcement credentials to go to other agencies for better working conditions and pay.

To evade this problem, WSLCB simply changed the training requirement to an abbreviated 440-hour version of BLEA or sent recruits to Idaho police academy, which limited LEOs ability to transfer as laterals to other agencies.

Essentially WSLCB created a sub-standard police training for recruits, thereby not meeting the requirement of being Washington Peace Officers (RCW 43.101.095) but yet calling them peace officers.

Soon after Washington state privatized liquor sales and legalized marijuana, the agency met with many challenges to this new role and responsibilities, according to an internal agency document.

Legislatively, the agency attempted year after year to expand LEOs authority including “grandfathering” existing LEOs to peace officer status in order to alleviate these legal challenges.

Unfortunately, it never gained enough support to expand and legalize LEOs as peace officers.

However, in late 2017, the agency, without legislative action, implemented policies not only identifying LEOs as peace officers but also encroached into general authority law enforcement activities.

These troubling actions have left me with doubts about the agency’s integrity, including misinformation in LEOs annual performance evaluation forms which indicate as if LEOs attended and completed BLEA training regardless of their previous training records.

Anyone in the public who gains access to these files will assume all LEOs are peace officers since the documents note completion of BLEA training.

This is nothing more than a deception.

Although many LEOs are aware of this troubling decision by the agency yet many remain silent in fear of retaliation.

I, too, could’ve remained silent about this action and allow this agency to continue to misuse its authority against the public.

However, my personal integrity is greater than the fear of retaliation and that’s why I’ve decided to speak out in order to hold this agency accountable and transparent because the public deserves more.

My claim against the state isn’t about me wanting more training, rather it is about an equal opportunity of training like other LEOs, but more importantly it is about following the law, RCW 43.101.095.

As an enforcement agency, LCB has the obligation to be held at higher standards when it comes to respecting and enforcing laws of this state.

-John Jung, WSLCB Enforcement Officer

View his testimony in front of the Washington State Legislature in March 2019 starting at about the 25 minute mark.

Police State Lives on in Washington State

The police state lives on with the blessings of the majority of the Supreme Court in Washington State.

View the full dissenting opinion in Worthington vs Westnet here

Conclusion

WestNET appears in court to initiate forfeiture proceedings but doesn’t want to be called into court by another. WestNET acts like a legal entity when it enters into agreements that it deems beneficial but doesn’t want to be treated as a legal entity otherwise. WestNET agrees to keep records but maintains that it has no records, and contends that it would be impossible for it to keep records. These contradictory positions—once hidden, but now in plain view—impair the integrity of our prior decision in Worthington I and all related proceedings.

I would grant Worthington’s motion to recall the mandate and take judicial
notice of the newly discovered, undisputedly authentic evidence.

I respectfully dissent.

Gordon McCloud, J.

Worthington v. WestNET, No. 90037-0 (Dissent to Order)

Corporations and Industry Don’t Care About Real People

I find it more than a little disturbing that the cannabis industry has continued to ignore the rights of the people they are trying to market their products to.

While Wall Street is flush with new money and new ticker symbols appearing on American stock exchanges, and new states opening the doors to “legalization”, you would think that someone out there would think it might be a good idea to first make sure the customers you serve will not be subject to police abuse.

The fact that it hasn’t happened from the multinational corporations isn’t entirely surprising, however. In fact, the first big marijuana bill in the US Congress this year was not a bill to end prohibition, but to allow banks to take money from marijuana businesses.

However, in many states, even smaller “mom & pop” supported lobby organizations that have sprung up have not pushed for ending harassment, arrests and forfeitures against their potential customers.

For instance, Washington State passed the first medical cannabis legislation in 1979. Again in 1998, with adult use passing in 2012.

However, we still have no arrest and forfeiture protection for the majority of patients.

Adults are still harassed, imprisoned or getting their property seized for having more than an ounce or trying to grow their own.

Not a single bill has ever come out of the industry groups to fix this.

And that’s in a state that “legalized”.

Maybe those of you in the industry will take this more seriously now if you read it for yourself on NBC News, because you sure have been good at marginalizing, gaslighting and ridiculing your potential customers when we tell you this stuff.

Marijuana legalization must make War on Drugs’ victims whole before companies profit

For Amazon-owned Whole Foods to get the right to sell a single pot brownie, every non-violent marijuana-related conviction must be thrown out.

So yes, even Amazon’s John Mackey, CEO of Amazon subsidiary Whole Foods, sees the organic grocer pushing into cannabis.

But have they backed legislation to first end the Drug War abuse? Not to our knowledge. Considering Amazon is headquartered in our state, you’d think that might be a priority now that they have an eye on this market.

Customer satisfaction on this doesn’t end with the sale. It should begin with ending the Drug War on REAL PEOPLE FIRST.

STOP PUTTING THE CART BEFORE THE HORSE!

More stories of consumers getting harassed in the news lately:

Over 60 Party Guests Zip Tied and Arrested for an Ounce of Marijuana

“Outrage After Police Search Terminally Ill Cancer Patient’s Hospital Room For Marijuana”

Appeals Court Orders Drug Task Force to Appear in ‘Worthington vs Westnet’

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John Worthington vs Westnet background here.

This letter from the Washington State Court of Appeals, Division Two orders all parties (including the previously non-existent drug task force):

 

So please mark your calendars for July 20, 2016 at 9:00 a.m. for the Oral Arguments on this case.

950 Broadway, Suite 300, Tacoma, Washington

This letter follows the most court appearance by Worthington earlier this month where the task force failed to appear and the judge tried dismissing the case as a result….

 

Worthington was recently on Public Access TV in the Seattle area.  You can see the broadcast here: