Answer Addiction

Tag: drug trafficking

  • Police Seize 976 Pounds Of Marijuana, 2,000 THC Vaping Cartridges In Massive Bust

    Police Seize 976 Pounds Of Marijuana, 2,000 THC Vaping Cartridges In Massive Bust

    The shipment was headed to Georgia before it was intercepted.

    Law enforcement officials in North Texas got a lot more than they bargained for during a routine traffic stop on November 18, CBS News reports.

    A conversation with the driver raised the suspicion of a Sheriff’s Criminal Interdiction Unit deputy who searched the car after getting consent from the driver. The massive haul was reportedly from California and was on its way to Georgia before it was intercepted by authorities. One person was arrested.

    Another Bust Heading To North Carolina

    The North Texas bust is one of many big-time drug seizures coming out of California. Two days ago, the Johnson County Sheriff’s Office in Arkansas intercepted a delivery during a stop that netted 65 grams of meth, around 50 pounds of marijuana, opioids, drug paraphernalia and loaded weapons. The big haul was on its way to North Carolina. The driver was taken into custody.

    Marijuana trafficking out of California has become quite common since the state legalized the drug for recreational use in 2016. In the 2019 fiscal year, authorities in California have  seized more than $1.5 billion worth of illegally grown marijuana. 

    “Illegal cannabis grows are devastating our communities. Criminals who disregard life, poison our waters, damage our public lands, and weaponize the illegal cannabis black market will be brought to justice,” said Attorney General Xavier Becerra in a recent press release.

    Campaign Against Marijuana Planting Program

    The Campaign Against Marijuana Planting (CAMP) Program, the nation’s largest illegal marijuana eradication program, has arrested 148 individuals, eradicated 953,459 marijuana plants from 345 raided grow sites across the state and seized a total of 168 weapons.

    “This year, our CAMP teams worked tirelessly across the state to vigorously enforce California’s laws against illegal cannabis activity. The California Department of Justice is extremely proud of our partnership with federal, state, and local agencies and we look forward to continuing this necessary work.”

    The unlicensed black market remains massive in the golden state where, according to NBC News, “illegal sellers outnumber legal and regulated businesses almost 3-to-1.”

    “Our participation works to prevent this illegal market in order to promote a fair market place for those growers, producers, and vendors who choose to operate within the system that the voters approved,” said Robert Paoletti, Coordinator Colonel, California National Guard Counterdrug Task Force. 

    View the original article at thefix.com

  • Drug Cartel Led By El Mencho Responsible For Third Of Drugs In US

    Drug Cartel Led By El Mencho Responsible For Third Of Drugs In US

    “El Chapo was violent, but El Mencho has taken it to a new level,” said one DEA special agent.

    With El Chapo—once the world’s most notorious drug lord—set to live out the rest of his life in a U.S. prison, another drug lord has emerged to fill his place.

    El Mencho (born Nemesio Oseguera-Cervantes) is the leader of Jalisco Nueva Generacion Cartel (JNGC), believed by U.S. officials to be Mexico’s largest criminal organization.

    According to Matthew Donahue, the DEA’s regional director of North and Central America, capturing El Mencho is the agency’s “number one priority.”

    El Mencho lived in California “some 30 years ago” when he was deported to Mexico following a drug arrest, according to CBS News.

    Building His Empire

    Since then, he built his empire and expanded it throughout Mexico and major U.S. cities like Los Angeles, Houston, Miami, New York, Atlanta and Chicago.

    “He’s made few errors, has a lot of street experience, and that’s made it very difficult for us to manage the investigation to arrest him,” Kyle Mori, a DEA special agent in Los Angeles, told Univision. “He’s an intelligent guy, very good at what he does.”

    DEA officials say JNGC is responsible for at least a third of the drugs entering the U.S. by land and sea, including “tons” of cocaine, methamphetamine and fentanyl-laced heroin, according to the Justice Department.

    $10 Million Bounty On His Head

    The U.S. government has offered $10 million for the drug lord’s capture.

    JNGC has also gained a reputation for brutal violence. “El Chapo was violent, but El Mencho has taken it to a new level,” said Mori.

    Mori believes that JNGC is not only more violent, but larger in every way than El Chapo’s Sinaloa Cartel, which is still operating under new leadership, according to PBS.

    The Justice Department once described the Sinaloa Cartel as “one of the world’s most prolific, violent and powerful drug cartels.”

    El Chapo (born Joaquín Guzman) was convicted in February of 10 counts including engaging in a continuing criminal enterprise, international distribution of cocaine, heroin, marijuana and other drugs, and use of firearms. In July, he was sentenced to life in prison plus 30 years, and ordered to pay $12.6 billion in forfeiture.

    Guzman was once on Forbes’ list of billionaires, highlighting the massive wealth that he accumulated from his drug trafficking empire. He is also known for escaping prison twice in Mexico.

    View the original article at thefix.com

  • Hurricane Dorian Washes Drugs Ashore, Officials Warn

    Hurricane Dorian Washes Drugs Ashore, Officials Warn

    Kilos of cocaine have been found on Florida beaches in Hurricane Dorian’s wake. 

    As Hurricane Dorian rips through the Atlantic Ocean off the southeastern coast of the United States, it is washing ashore shipments of cocaine that were meant to be smuggled into the country, officials say. 

    Cocaine On Cocoa Beach

    In Cocoa Beach, Florida, one storm watcher found a package with 15 kilos of cocaine worth an estimated $300,000 on Friday (Aug. 30). A few days later, one brick of cocaine was found on a beach in Melbourne, Florida, about a half hour away from Cocoa Beach. That package of drugs was labeled “dinamitar,” which means “dynamite” in Spanish.

    Both were found while the hurricane was still well offshore, and police warned that more drugs could wash up in the coming week as Dorian passes. 

    “There is a possibility that more will come onshore. Especially now with these conditions. It could be coming from anywhere,” said Manny Hernandez, a spokesman for the Cocoa Beach Police Department, according to USA Today. 

    Alert Authorities

    Hernandez said that people who find suspected drugs or other suspicious packages should not touch them, and should immediately alert authorities. 

    “We’re telling people to be cautious and not to grab or handle it because if there is an opening, it can go into your pores and you can overdose,” he said. 

    The Cocoa Beach Police Department initially responded to the call about the 15 kilos of cocaine, and later got federal customs agents involved in the investigation. 

    It’s not wholly unusual for cocaine and other drugs to wash up on Florida’s shores, since many drug cartels smuggle products into the U.S. using boats and submarines. In January of this year a fisherman in the Florida Keys found a bale of cocaine bobbing in the water when he returned to the dock after a day of fishing. The package contained about 20 kilos of cocaine, worth half a million dollars. 

    In June, two fishermen in South Carolina snagged an even bigger catch, when they found a bundle of cocaine worth $1 million. 

    “We trolled past it. Every time we passed it we caught a fish,” one of the men told WCSC. A school of mahi-mahi fish were swimming alongside the bundle. The North Charleston Police Department met the men at the pier and estimated the value of the cocaine. Coast Guard Lt. j.g. Phillip VanderWeit said that finding drugs that far north of fairly uncommon. 

    “It definitely doesn’t happen off the Charleston coast every day,” he said. “It’s a bit more common further south, whether in the Caribbean or the south Pacific.”

    View the original article at thefix.com

  • Drug Trafficker Who Tried To Flee Prison Disguised As Daughter Found Dead

    Drug Trafficker Who Tried To Flee Prison Disguised As Daughter Found Dead

    Clauvino da Silva was a leader of the Red Command, one of the most powerful crime syndicates in Rio de Janeiro. 

    A known Brazilian drug trafficker caught trying to escape prison disguised as his 19-year-old daughter has died. A video of the 42-year-old inmate’s strange disguise went viral after he was found out by prison guards on Saturday (Aug. 3). 

    The video shows the creepy reveal as the disguise is removed, piece by piece, to reveal not a woman underneath, but Clauvino da Silva (known as “Baixinho” or “Shorty”).

    On Tuesday (Aug. 6) authorities reported that da Silva was found dead in his cell. His death is being investigated.

    The Red Command

    Da Silva was a leader of the Red Command, described by the Associated Press as “one of the most powerful criminal groups in Brazil that controlled drug trafficking in a large part of Rio [de Janeiro].”

    Da Silva—who was serving a sentence of 73 years and 10 months in Bangu 3, a prison outside of Rio—tried making the switch while his daughter visited him in prison. The plan was the leave her in his place, NPR reported, though it is unclear how much she knew about the scheme.

    His daughter and seven others who also paid da Silva a visit at the prison are being questioned. Authorities suspect that the visitors may have smuggled in different elements of the disguise. The BBC reported that one of them, “a pregnant woman who was not searched by the guards, had hidden the wig and the glasses used by da Silva on herself.”

    The Disguise

    Authorities at the prison filmed da Silva in the full disguise before he was ordered to remove it. At first glance, you see a girl of average size, with long black hair and glasses. Then the glasses are removed and the cheap wig is lifted cleanly off, revealing a perfectly bald head beneath it. At this point it’s more apparent that the person is wearing a silicon or rubber mask covering the head and neck. Da Silva is ordered to remove his outerwear, a t-shirt with a cute pink graphic and a black bra underneath. Finally, the mask is removed, revealing da Silva in the flesh.

    The BBC reported that da Silva was scheduled to be transferred to a maximum security prison to prevent future escape attempts.

    Da Silva was among at least 30 prisoners who escaped the Instituto Penal Vicente Piragibe, a prison in Rio, in 2013 through the sewer system. He was eventually caught.

    View the original article at thefix.com

  • El Chapo Sentenced To Life Plus 30 Years, Ordered To Pay $12.6 Billion

    El Chapo Sentenced To Life Plus 30 Years, Ordered To Pay $12.6 Billion

    The infamous drug kingpin’s defense plans to appeal, claiming juror misconduct.

    The infamous drug kingpin known as El Chapo has been sentenced to life plus 30 years in prison and will have to hand over $12.6 billion after being found guilty of overseeing one of the biggest criminal drug operations in the world—the international Sinaloa Cartel.

    The drug lord, real name Joaquin Guzman Loera, was sentenced in U.S. District Court in Brooklyn by Judge Brian Cogan last Wednesday (July 17).

    Guzman’s Sinaloa Cartel has been blamed for fueling the opioid epidemic in the U.S. by funneling mass amounts of heroin into the country, as well as cocaine and methamphetamine. Much of his cartel operated in Mexico, where Guzman was twice incarcerated in maximum security prisons. He escaped each time, the second through a nearly mile-long tunnel under the prison.

    Guzman remained silent during his three-month trial, but made what CNBC called a “tear-choked statement” after his sentence was handed down, claiming that he was denied a fair trial and accusing the U.S. of corruption.

    “My case was stained and you denied me a fair trial when the world was watching,” he said as his words were translated from Spanish by his lawyer. “What happened here [in] the U.S. is not better than any other corrupt country.”

    Living Conditions

    He also claimed that he was being tortured in detainment.

    “I drink unsanitary water, no air or sunlight, and the air pumped in makes my ears and throat hurt. In order to sleep, I put toilet paper in my ears. My wife had not been allowed to visit, and I can’t hug my daughters. This has been psychological, emotional and mental torture 24 hours a day.”

    Guzman’s defense plans to appeal, claiming juror misconduct. One of the jurors for this case told Vice News in February that “at least five fellow jurors violated the judge’s orders by following the case in the media during the trial.”

    A Damning Statement

    One of his cartel’s victims made a statement about how Guzman has affected her life—and nearly ended it.

    “Today I come here a miracle of God,” said Andrea Velez Fernandez. “Mr. Guzman used me as bait to kidnap someone in Ecuador. He offered one million dollars to Hells Angels to end my life. Fortunately I found out and escaped with the help of the FBI.

    Guzman will likely serve out his sentence in the ADX Florence in Colorado, one of the country’s “supermax” security prisons, due to his history of escaping. The Sinaloa Cartel has continued to operate after the kingpin’s arrest.

    View the original article at thefix.com

  • More Than 200 Bags Of Cocaine Found In Body Of Man Who Died On Plane

    More Than 200 Bags Of Cocaine Found In Body Of Man Who Died On Plane

    The man reportedly suffered seizures and died mid-flight.

    A man flying out of Mexico never made it to his destination after dying mid-flight from a botched drug-smuggling scheme.

    The 42-year-old, identified as Udo N., was a man of Japanese origin who began his journey in Bogotá, Colombia. He transferred in Mexico City to a flight destined for Narita International Airport in Japan.

    However, he began suffering seizures during the flight and the plane made an emergency landing in Hermosillo, a city in Sonora, Mexico.

    “Crew noticed a person suffering convulsions and requested to make an emergency landing in Hermosillo, Sonora,” read a statement from the Sonora attorney general’s office.

    Upon landing, paramedics boarded the plane and pronounced the man dead.

    The official cause of death was determined to be cerebral edema (swelling in the brain) caused by a drug overdose. The man had ingested 246 plastic bags filled with cocaine, measuring 1 by 2.5 cm each, that were discovered in his stomach and intestines.

    As the producer of about 90% of cocaine destined for the United States, it’s no surprise that Udo N. was traveling from Colombia. Drug mules coming from the country are routinely busted for drugs—but that’s not all they are packing.

    A 2018 bust at the international airport in the capital city of Bogotá, Colombia, yielded smugglers attempting to bring cash into Colombia from Mexico—a payment from drug traffickers to Colombian gangs for cocaine. The smugglers had ingested the money amounting to big sums.

    The Guardian reported, “Authorities said that mules often swallowed up to 120 pellets of cash, with five $100 bills in each latex capsule. A typical ingestion would conceal and move $40,000 a person, though investigators said they previously caught someone with $75,000 in their system.”

    An especially heinous case involved a Colombian veterinarian who was caught surgically implanting live puppies with liquid heroin to smuggle the drugs for a South American cartel. In February, Andres Lopez Elorez was sentenced in Brooklyn federal court to six years in prison for his crimes dating back to 2004.

    “I have made mistakes,” Elorez told the judge, according to the New York Times. “I know I cannot justify my actions.”

    View the original article at thefix.com

  • Drug Possession Laws in Mississippi

    Drug Possession Laws in Mississippi

    ARTICLE OVERVIEW: Been caught with drugs in the state of Mississippi? Not certain how the legal proceedings will go? We review laws, penalties, and basics for alternate sentencing like drug court and voluntary rehab.

    Table of Contents:

    Zero Tolerance and Basics

    Like much of the south, Mississippi has zero tolerance when it comes to their drug possession laws. Therefore, a drug possession charge is taken very seriously. Strong penalties go with convictions. Penalties for holding controlled substances depends on the amount you have on you. In Mississippi, possession charges are put into one of two categories. These include:

    1. Personal Amount. Depending on the drug, you can only have so much on you for it to be considered a personal amount. For example, a personal amount of cocaine is considered less than one-tenth of a gram, or one dosage unit. In terms of Scheduled I and II CDS, once you possess more than one-tenth of a gram, you risk being charged with…
    2. Sales of Controlled Substances in Mississippi. This is when authorities believe you’re either distributing or trafficking drugs. These penalties are always much more intense than that of a personal amount (see below for details).

    Specific Laws and Schedules

    There are two specific laws in Mississippi that cover the charges for drug possession and distribution: Ms. Code Ann. § 41-29-113: House Bill 1031, and Ms. Code Ann. § 41-29-115: Senate Bill 2379. [1] [2]

    In Mississippi, a drug is referred to as a “controlled dangerous substance,” or CDS. Like other states, Mississippi classifies each drug according to a schedule. These are defined under MS. Code Ann. § 41-29-113 [3]. CDS Schedule I are considered to be the most dangerous drugs. So, getting caught in possession of these kinds of drugs will result in harsher penalties.

    Drugs classified by schedule are as follows:

    Schedule I Substances

    • Synthetic cannabinoids
    • Hallucinogens
    • Opiates like heroin
    • Opiate derivatives such as morphine

    Schedule II Substances

    • Amphetamines
    • Depressants like barbituates
    • Opioid pain medications like codeine, fentanyl, and hydrocodone

    Schedule III Substances

    • Anabolic steroids
    • Ketamine
    • Nalorphine
    • Stimulants

    Schedule IV Substances

    • Certain depressants such as alfaxalone, barbital
    • Certain stimulants such as cathine, phentermine

    Schedule V Substances

    • Certain prescription depressants
    • Certain prescription stimulants

     

    The Legal Process in Mississippi

    Within the state of Mississippi, the stages of a criminal case work in 9 distinct steps. [4]. These The rules of criminal procedure in cases of drug possession are as follows.

    1. Investigation

    If police are suspicious of a crime, they’ll collect all the evidence they can on the crime scene. They’ll also interview witnesses. The length of investigations varies depending on the circumstance of the crime. However, most drug possession crimes don’t require much of an investigation considering the drug itself is all the evidence a police officer needs.

    2. Arrest, Initial Appearance, and Bond Setting

    Upon arrest, you’ll be taken to your town or city’s police headquarters. From there, you’ll immediately be placed before a judge to make an initial appearance. During this time, a bond will be set for your release.

    3. Preliminary Hearing

    If you aren’t able to pay the bond, then you’ll be entitled to a preliminary hearing. This might be referred to as a probable cause hearing. Through this, the court system will decide whether or not enough probable causes exists to convict you of a crime.

    4. Indictment

    Your case will then be brought before a grand jury. It should be noted, all that will be shown to this jury is the evidence the prosecutor chooses to present. During this time, you will not be able to defend yourself.

    5. Arraignment

    Not too long afterward, the Court will give your case an arraignment. During this time, you’ll be told your official charges and given the opportunity to inquire as to whether or not you need an attorney. From there, you’ll be asked to submit a plea to the charges and then the court will set an initial trial date.

    6. Discovery

    During this part of the legal process, you’ll now have the ability to file a motion for discovery. In order to do so, the State will produce all evidence to you. In turn, you’ll also be allowed to present evidence in your favor to the State.

    7. Plea Negotiations

    You may want to make a deal with the State and resolve the case before having to go to trial. Most people go through with a plea negotiation when they’re trying to reduce their punishment. There are many plea negotiations the state of Mississippi has to offer (see below). You’ll want to talk to your lawyer about the matter.

    8. Trial

    If there is no agreement made based on your plea, then you must go to trial. A trial usually begins with an opening statement by the prosecutor and attorney defending you. From there, the State will present its case by calling witnesses and introducing the evidence taken against you.

    Then, you will have your opportunity to present your witnesses and evidence, proving your innocence. After your presentation, the State will go again against you. They bring back evidence they had shown prior. From there, the judge will tell the jury of all the laws applicable to your case. Then you’ll be offered a closing argument along with the prosecutor. And the case is finally submitted. The jury will come to its decision and you will receive …

    9. Sentencing, if applicable

    If you’re found guilty of a drug possession crime in the State of Mississippi, then you’ll receive a sentence. This is usually a separate hearing in which both you and the prosecutor will be allowed to present your evidence again. Furthermore, the Court may ask for a pre-sentence investigation, or PSI, which would be managed by a probation officer. This investigation will look into your background and determine whether or not the sentence is appropriate for your circumstances.

    Burden of Proof

    Under Mississippi law, the prosecutor must demonstrate specific elements in order to properly convict you. These elements include:

    1. LEGALITY. The evidence that you were in possession of a controlled dangerous substance when you were arrested.

    2. KNOWLEDGE. The evidence that you knew of the illegal nature of this controlled dangerous substance and you knew it was present at the time of your arrest.

    3. CONTROL. The evidence that you had control over both the presence and location of the controlled dangerous substance.

    Sentencing

    Drug sentencing will entirely depend on your case. As mentioned earlier, Mississippi considers the schedule of the drug and how much of it was in your possession in order to determine your sentence. The higher the schedule and the more of a drug, the higher your penalization.

    Still, the purpose of a trial is to figure out all the details surrounding the charges. A trial will paint a picture of the circumstances and, in turn, the idea is that you will be penalized accordingly. In order learn more about potential sentences, you’ll want to talk to a lawyer. Also, you may qualify for alternative sentencing (see below).

    Misdemeanor Possession

    When you’re charged with a misdemeanor, your punishment is taken less seriously than that of a felony. However, in the state of Mississippi, very few drug possession crimes are considered a misdemeanor. Typical misdemeanor penalties include:

    • A fine of up to $1,000.
    • Jail time between 6 months and 1 year.

    What might be considered misdemeanor drug possession in Mississippi? If you have less than 30 grams of marijuana, then you’ll probably be charged with a misdemeanor. This is because marijuana has recently been removed from the list of Schedule I drugs in Mississippi. Also, if you’re caught solely with drug paraphernalia, you’ll also only be charged a misdemeanor. With any other drug possession crime, you’ll be charged with a felony.

    Felony Possession

    In the state of Mississippi, most cases of drug possession result in a felony charge. Levels of severity in the charge depend on your circumstances. People in possession of a Schedule I drug will end up with a more severe penalty than someone in possession of a Schedule V drug. Still, even just a personal amount of a top schedule controlled dangerous substance will land you a felony.

    Typical punishments for a felony charge include:

    • A fine of up to $10,000
    • Prison time between 1 to 4 years.

    Other Penalties

    Often, you’ll find yourself facing other penalties due to your drug possession crime. The state of Mississippi decides on these crimes on a case to case basis. Due to this, it’s not entirely certain which penalties you’ll face for your crime. In order to get a better sense, you’ll want to talk to your lawyer. Other penalties for possession of a controlled dangerous substance include:

    • Ineligibility to obtain certain employment.
    • Ineligibility to obtain certain types of government employment.
    • Ineligibility to qualify for certain types of college scholarship or financial aid.
    • Ineligibility to qualify for public housing.
    • Ineligibility to receive a state license or certification.
    • Potential community service.
    • Potential enrollment in drug treatment programs.
    • Probation.
    • Suspension of your driver’s license.

    Alternative Sentencing

    In Mississippi, you do have the opportunity to face alternative sentences [5]. It’s difficult for people with drug possession crimes to qualify for these considering Mississippi’s zero tolerance policy on controlled dangerous substances. Still, if you’re looking to reduce jail time and other punishments, it’s in your best interest to take a look at these.

    In order to get a real sense of which alternative sentences you apply for, you’ll want to talk the matter over with your lawyer. Some options include:

    1. Drug Court.

    These specialized courts are used solely for drug offenders and their purpose is to reduce crime on the streets. [6] The idea is drug abusers will benefit more from rehabilitation rather than traditional punishments. Rehabilitation often includes supervised drug testing and treatment services. You’ll receive counseling, incentives, and must make consistent court appearances. If you successfully complete your drug treatment, then your charges will be dropped.

    2. Non-adjudicated Probation

    If you enter as a guilty plea, you might be offered non-adjudicated probation. This works like probation in the sense that you’ll need to pay fines and court costs, report to a supervising officer, and take regular drug tests. However, if you complete it all successfully, you’ll be discharged.

    3. House Arrest – Intensive Supervision Program

    Under very certain circumstances, people can avoid incarceration through house arrest. You must be screened and approved in order to qualify. If you are approved, you’ll have to wear an electronic monitor which checks to make sure you’re always in agreement with your curfew requirements. A house arrest will allow you to work, go to church and receive both medical attention and drug treatment. If you break your house arrest circumstances, you will be charged with further penalties.

    4. Pre-trial Diversion

    If you’re a first offender of a non-violent crime who wasn’t charged with drug sales or possession of a controlled dangerous substance with intent to distribute, you can qualify for a pre-trial diversion in Mississippi. Through this type of sentence, you’ll be placed on special probation where you must attend court on a regular basis. It should be noted, rules for pre-trial diversion vary from court to court.

    5. Recidivism Reduction Program

    Also known as RRP, this program aims to rehabilitate drug-offenders rather than incarcerate them. You can expect to be placed into a rigorous drug treatment program and receive important therapy.

    6. Restitution Center

    If you owe a good amount of fines, you might be sentenced to a restitution center while you’re on probation. This is where you’ll be educated of your crimes and the criminal system. You will also be monitored and aided in finding work.

    When to Contact a Lawyer

    Immediately upon your arrest, you should consider finding yourself a lawyer. Part of the reason is drug possession charges in Mississippi are taken very seriously and almost always have strong consequence. However, due to the fact that penalties vary from case to case, a lawyer will be able to figure out the best possible solution for YOU.

    Can’t afford a lawyer?

    Then the State will provide you with one as long as you qualify. If you do qualify, it’s important to take as much advice from this lawyer as possible for the sake of your trial. In order to get a real sense of which lawyers in Mississippi are best for your case, you should check out the Mississippi Bar Association and their member directory. [7]

    Your Questions

    Have more questions about drug possession laws in Mississippi?

    Feel free to ask them in the comments below. If you have more information to share pertaining to these laws or advice about Mississippi’s legal system, we’d also love to hear from you. We try to get back to everyone in a prompt and personal manner.

    Reference Sources: [1] Mississippi Legislature: House Bill 1031
    [2] Mississippi Legislature: Senate Bill 2379
    [3] Mississippi Code Ann. § 41-29-113
    [4] Mississippi First Circuit Court: Mississippi Rules of Criminal Procedure
    [5] State of Mississippi: Department of Corrections Records Handbook
    [6] State of Mississippi: Drug Court Rules
    [7] Mississippi Bar Association: MS Bar Association Lawyers

    View the original article at addictionblog.org

  • "Little Woods" Explores Family Bonds, Poverty, and Opioids in Small-Town America

    "Little Woods" Explores Family Bonds, Poverty, and Opioids in Small-Town America

    “I hadn’t set out to make a political film but my personal point of view about what’s happening right now is horrifying. I mean whatever way we’re dealing with the opiate crisis, it isn’t working.”

    Writer-director Nia DaCosta’s first feature Little Woods is fresh off the film festival circuit and now playing in theaters nationwide. The movie earned multiple awards including Tribeca’s prestigious 2018 Nora Ephron Prize. It’s the kind of thriller that makes you lean forward—a nail-biter. Tessa Thompson and Lily James keep the audience transfixed.

    This is a tale of two sisters living in Little Woods, North Dakota, a fracking town in rapid decline. Ollie (Thompson) is the stronger, tougher sib. She’s the one who gets things done. Unfortunately she got too careless as a drug runner and was caught transporting opioids across the border from Canada. When Parole Officer Carter (Lance Reddick) reminds Ollie that they have only one more meeting before she’s free to start a legit job in Spokane, his concerned look foreshadows looming problems. He says, “Please stay out of trouble,” but the audience understands: Uh oh. Something bad is gonna happen.

    Deb (James) had been the most popular girl in high school so it’s not a surprise that she paired up with the most popular guy, Ian (James Badge Dale). But now Ian is an alcoholic and deadbeat dad to their son Johnny (Charlie Ray Reid). Frail Deb is a broken and broke substance abuser with a knack for screwing up her life.

    The estranged sisters are together again in the house they grew up in, each feeling exhausted and alone despite their close physical proximity. They are separately grieving the recent loss of their mother after a prolonged illness, in which Ollie stayed to provide care while Deb did her own thing. Their family history is fraught with resentments.

    Easing their mother’s pain was the impetus for Ollie’s initial border-crossing opioid-gathering mission. Canadian prescription painkillers were cheaper. That was how the trafficking started; we get the bigger picture when Deb asks Ollie why she got caught.

    “I forgot to be scared,” Ollie said. “I liked it too much.”

    There is no money left after their mom’s death. Mortgage payments are overdue and Ollie finds a foreclosure notice on the front door. She is ready to just walk away, to blow this depressing town and let the bank take the house. With a new job to look forward to, she feels hopeful for the first time in longer than she can remember.

    Then everything comes to a screeching halt.

    Deb reveals that she is accidentally pregnant by Johnny’s no-good father.

    Deb tried to handle things herself: She went to see a doctor but was told that without insurance, the cost of prenatal care combined with the fees for the birth would run between $8,000 and $9,000. Disillusioned, she opts for an abortion only to discover that North Dakota abortion centers were shuttered. Finally, desperate, Deb researches where she can get a legal abortion in Canada.

    When Deb breaks down and tells Ollie the news, including that she’ll have to travel hundreds of miles in order to get an affordable abortion, the stronger sister kicks into high gear like the super-duper codependent she is. With only one week to pay the bank at least half of the $6,000 they owe on the mortgage, Ollie decides she can’t leave destitute Deb and Johnny homeless.

    That’s when I wanted to scream, “No! Go to Al-Anon!”

    But Ollie risks her freedom, her new job, and her safety to make one last drug run. The heart-pumping action begins. Luke Kirby plays the frightening drug dealer.

    Nia DaCosta talked to journalist Dorri Olds for The Fix.

    “They told me in film school, ‘Write what you know,’” said DaCosta. “At first, I took that literally. But I didn’t want to write about my life, I wanted to explore other worlds.”

    DaCosta figured out that she could use the same principle to write about topics she didn’t know but could learn if she was able to relate emotionally.

    “We look at poverty and addiction as personal failures, moral failures,” said the Brooklyn-born, Harlem-raised 29-year-old. “I had a great family. I mean we weren’t well off but growing up in New York City, I could walk to a hospital. I can get to a Planned Parenthood. Lives of deprivation, like Deb and Ollie’s, [were] completely unfamiliar to me.”

    Determined and hardworking, DaCosta spent time in Williston, North Dakota to write the fictional town of Little Woods. She was stunned by how little she knew about how dark life is for so many people in America, especially women.

    “I wanted to present what was happening. This is reality. This is where we are. Medications are overprescribed to a startling degree. I remember getting 20 Vicodin pills when I got my wisdom teeth taken out. I didn’t need any of the pills.”

    Alarmed, she threw them out.

    “I hadn’t set out to make a political film but my personal point of view about what’s happening right now is horrifying. I mean whatever way we’re dealing with the opiate crisis, it isn’t working. That is heartbreaking.”

    DaCosta confirmed that trafficking opioids was never about getting high for Ollie. But after smuggling affordable painkillers to help her mom, Ollie found out how much locals would pay for the ill-gotten opioids. The town of Little Woods attracted men who came for the oil drilling jobs, hard manual labor that resulted in body aches and chronic pain. The more Ollie became known as the go-to for “meds,” the more it went to her head. She liked being a badass drug dealer. In a town where there were few options, especially for women, she liked her tough persona and getting to hang with the boys.

    “It gave her a purpose,” said DaCosta. “It gave her a place where she mattered; a way to stand out.”

    The filmmaker decided to add substance misuse to Deb’s problems after she spent time in North Dakota researching for the movie.

    “I remember talking to people, and it was just a part of the ecosystem. Everyone I spoke to either knew someone, or they themselves had substance abuse issues and had been involved with it in some way.”

    Even though she didn’t set out to make a political film, DaCosta’s movie explores interrelated social, economic, and health problems that the U.S. is grappling with. In the red states, clinics that perform abortions and other health services for women are being shut down. Many fear that Roe vs. Wade may be overturned. The opioid epidemic has reached astonishing numbers. Click here for more information.

    Nia DaCosta and Tessa Thompson discuss Planned Parenthood:

    View the original article at thefix.com

  • Cocaine "Superhighway" Created By Destabilization In Venezuela

    Cocaine "Superhighway" Created By Destabilization In Venezuela

    In 2018 alone, over $39 billion worth of the illegal drug likely entered the U.S. from this Venezuelan highway.

    A CNN report has found that the political destabilization of Venezuela has created a “cocaine superhighway” as authorities look the other way, resulting in tens of billions of dollars’ worth of the drug entering the U.S. in 2018 alone.

    U.S. officials are blaming the Venezuelan military and political elite, saying that they’re profiting from the increasingly active drug trade during the years of upheaval and hyperinflation.

    According to the extensive report put together after a months-long investigation, small planes allegedly full of Colombian cocaine have dramatically increased in number, from two per week leaving Venezuela to nearly one every day. Not only this, but they are now leaving from the northwest region of the country instead of its southern jungles, reducing air time.

    The planes mainly travel to Honduras and Guatemala, where many migrants and asylum seekers are currently traveling from to reach the relative safety of the U.S.

    The cocaine on board is so valuable that it’s worth significantly more than the planes themselves, which are often “then discarded or set on fire upon arrival.”

    In 2018 alone, over $39 billion worth of the illegal drug likely entered the U.S. from this Venezuelan highway.

    Some U.S. officials are concerned that Donald Trump’s proposal to cut off all financial aid to Honduras, Guatemala, and El Salvador would only make the situation worse. This aid has been specifically used to fight the drug trade, and without it, anonymous officials told CNN that the sudden shortfall could cause a “bonanza” for traffickers.

    “Right now, it’s wide open,” said one U.S. officer, “then it’ll just be a free for all.”

    Authorities have been unable to stop these flights largely due to the fact that Venezuela has such a large border area. At the same time, shipments by truck flow through the border with the aid of the Venezuelan military, according to a border patrol defector.

    “Everything was coordinated by the brigade commander,” said the anonymous defector, now living in Colombia. “He’d send a lieutenant to tell you what needed to cross, and this was arranged high up above. Those who didn’t agree were swapped out… Automatically.”

    Recent reports in the U.S. have found that cocaine overdose deaths have increased in recent years, but these statistics have been overshadowed by the opioid epidemic.

    Data from the National Center for Health Statistics obtained by The Washington Post found a spike in cocaine-related deaths from 2011 to 2016, rising about 13% each year.

    Batches of the drug mixed with the highly potent opioid fentanyl have also been an increasing problem, with police in Massachusetts finding a threefold increase in drug samples containing both from 2016 to 2017.

    View the original article at thefix.com

  • Drug Possession Laws in Massachusetts

    Drug Possession Laws in Massachusetts

    ARTICLE OVERVIEW: Have you been caught in the possession of drugs in Massachusetts? This article presents common charges and penalties. Plus, we review how drug courts and rehab can help. 

    TABLE OF CONTENTS:

    Basic Definitions

    Massachusetts is anything but lenient when it comes to their drug laws. First, drug classifications differ from federal scheduling. Second, Massachusetts courts decide how serious a drug possession crime is first depending on the class of the drug itself. Accordingly, there are three different types of charges law enforcement can give you:

    1. Drug Possession, which is defined being caught with a personal amount of a drug on you.

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    2. Intent to Distribute, defined as holding enough of a drug to sell. The amount depends on the specific substance and how it is classified.

    3. Drug Trafficking defined as holding enough of a drug to distribute on a large scale.

    Under Massachusetts General Laws Chapter 94C, drugs are classified as certain types of controlled substances. These substances go from A to E, or more dangerous to less dangerous. Section 34 of this law, however, describes Rx drug use as illegal in the state. So, when you use a prescription drug without consent from a licensed physician or an illegal drug is known as a “controlled substance”[1].

    Furthermore, Massachusetts has its own classification for controlled substances which differ from other states and the federal government. They are as follows:

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    • Class A Substances: Drugs in this category include heroin, morphine, ketamine, and GHB.
    • Class B Substances: Drugs in this category include cocaine, LSD, ecstasy, amphetamines, PCP, methamphetamines, and prescriptions painkiller drugs such as oxycodone.
    • Class C Substances: Drugs in this category include prescription tranquilizers and narcotics, diazepam, hydrocodone, mescaline, and psilocybin mushrooms.
    • Class D Substances: Drugs of this category include marijuana and phenobarbital.
    • Class E Substances: Drugs of this category include prescription opiates at lower doses such as codeine and morphine.

    Specific Laws

    Massachusetts General Laws Chapter 94C, Section 2: Establishment of schedules of drugs or other controlled substances

    Massachusetts General Laws Chapter 94C, Section 32L: Possession of Marijuana

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    Massachusetts General Laws Chapter 94C, Section 34:Unlawful possession of a particular controlled substance

    The Legal Process in Massachusetts

    Before you receive sentencing, a court’s judge or jury must find you either guilty or not guilty for the crime you’re accused of.So, how does the court process work? What can you expect for your drug possession charges?

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    When you’re arrested, you’ll be read your legal rights. Keep these rights in mind as they can play a vital role in later court dates. However, you need to know that there’s potential you receive jail time, depending on your cases. With bigger charges, such as drug trafficking, you can expect to be in jail during this entire process. Your rights in Massachusetts are as follows:

    • The right to remain silent.
    • The right to the presence of an attorney while you’re under questioning. If you can’t afford one, you’ll be appointed one.
    • The right to be considered for bail.? [2]

    After being booked, you’ll be brought to a court where your bail will be set. If the court is closed, then the police will reach out to a bail magistrate who’ll give authority to release you or not. If you are released, you’ll have to pay a fine and your court date.This is known as your arraignment date.

    During an arraignment, you’ll be read your charges and given the decision to either continue with the court or plead guilty. If you continue to press your innocence, you’ll then receive a pre-trial conference date.

    Before you go to court again, you’ll need to talk to your legal defender. S/he will be informed about how to defend your on the day of your trial. They’ll prepare you to the best of their ability and, when the time comes for trial, they’ll defend you.

    After going to a pre-trial conference date, you’ll receive your court date. Depending on your circumstances, you might have the ability to resolve your case during this time. However, most drug possession cases will not be waivered.

    It usually isn’t until your trial will you will have the ability to properly defend yourself in front of a jury but also receive your verdict. A verdict is a final decision made upon your case where you’ll find out what charges you’re given.

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    Burden of Proof

    Under Massachusetts law, when a charge is made placed against you, the prosecutor must establish the following elements. Without these elements, they will not be able to properly convict you. These include:

    1. LEGALITY. There must be evidence that you were in possession of a controlled substance at the time of your arrest.

    2. KNOWLEDGE. There must be proof that you were aware of the illegality of this controlled substance…and you knew of its presence.

    3. CONTROL. There must be evidence that you were in full control over the controlled substance. This includes both its presence and location.

    Sentencing

    A drug possession sentence in the state of Massachusetts varies from case to case. As mentioned, Massachusetts courts decide how serious a drug possession crime is first depending on the class of the drug itself. A person with a Class A drug will receive harsher sentences than someone with a Class C drug.

    Regardless of the class, as long as you have enough of a controlled substance, you can expect to receive at least some jail time.The least amount of jail time you can receive is through a misdemeanor. It should be noted that misdemeanors only apply to Class D and Class E substances, or if you’re caught solely drug paraphernalia.

    All other drug possession cases usually result in a felony charge in Massachusetts.

    So, if you’re caught with a Class A, Class B, or Class C controlled substance you can receive a felony charge. However, if you’re caught selling a Class D or Class E controlled substance, you’ll also be charged with a felony. No matter what you’re charged with, you may be eligible for alternative sentencing. See the section on alternative sentencing below for details.

    Misdemeanor Possession

    A misdemeanor charge is an offense taken less seriously than a felony crime. Therefore, punishments are also less serious too.As mentioned, when it comes to drug possession, misdemeanor crimes are when you’re caught with Class D or Class E controlled substances. Or when you’re caught only with drug paraphernalia.

    Typical misdemeanor consequences in Massachusetts include, but aren’t limited to [3]:

    • 6 months in jail
    • A fine of up to $500
    • License suspension for at least a year

    Felony Possession

    A felony charge is an offense taken much more seriously than a misdemeanor. Therefore, punishments are also taken more seriously.When it comes to drug possession, felony crimes are charged when you’re caught with a Class A, Class B, or Class C controlled substance. However, if you’re caught selling a Class D or Class E controlled substance, you’ll also be charged with a felony.

    Typical felony consequences in Massachusetts include, but aren’t limited to:

    • An average fine between $2,000 and $5,000.
    • An average of 3 to 5 years in jail or state prison.
    • License suspension for an average of 3 to 5 years.

    Other Penalties

    The penalties mentioned above aren’t all you’ll face for a misdemeanor or felony crime. Depending on your situation, you can be charged with other penalties. Furthermore, misdemeanor and felony crimes come with a list of penalties which won’t necessarily be vocalized in court. These include:

    • Inability to obtain certain employment.
    • Inability to obtain certain types of government employment.
    • Inability to qualify for certain types of college scholarship or financial aid.
    • Inability to qualify for public housing.
    • Inability to receive a state license or certification.
    • Possible community service.
    • Possible drug treatment programs.
    • Probation.
    • Suspension of a driving license.

    In order to get a clear sense of whether or not any of these penalties pertain to you, you’ll want to talk to a lawyer.

    Drug Court

    You may be eligible for drug court rather than a traditional court hearing. Drug courts seek out treatment rather than punishment for drug related crimes. Through rigorous drug treatment, people have the ability to learn about the roots of their drug problem. They are then given the opportunity to learn how to reverse these problems and, in turn, go on to live out a drug-free life.

    In fact, a drug court is defined by superintended probation and necessary drug treatment along with random drug testing, all of which is supervised by a probation officer. [4] Drug courts have been proven to rehabilitate criminals. Nationwide, it’s estimated that 75% of people who graduate from a drug court don’t receive an arrest for at least two years after the program.

    If you believe this is something you’re interested in, we highly suggest talking to your lawyer about checking your qualifications for a drug court. Not everyone is eligible. But, you may be! Or, call us to talk about your rehab options. A drug charge in Massachusetts might be just the wake up call that you need to turn your life around.

    Alternative Sentencing

    In Massachusetts, you have options for alternative sentencing. However, it’s important to note that you don’t have a decision when it comes to this. Just as with the other penalties you might face, your alternative sentencing is determined through the circumstances of your crime.

    Still, it’s beneficial to take a look at these alternative sentences. If you’re only a first time offender, you might have the potential to avoid jail time. It’s vital you talk to your lawyer on this matter as s/he will provide you with the knowledge you need for applying for these alternative sentences.

    1. Motion to Suppress

    Do you feel as though evidence taken against you was obtained through illegal means? If so, then you can motion to suppress. Your eligibility depends on what happened when you were caught in possession of drugs. Often, the police will make an illegal encounter in order to get to the drugs. You’ll want to talk to matter over with your lawyer in order to see your qualifications.

    2. Pretrial Diversion

    Only those who are first-time nonviolent offenders are eligible to request a pretrial diversion. If this goes through, you’ll receive probation in which you’ll have to report to a probation officer monthly. You’ll also have to take random drug tests and, depending on your circumstances, you may have to do a certain amount of community service hours. You’ll avoid jail time as long as you don’t commit another crime. Even after you’ve completed probation, you risk jail time for committing a crime as it becomes a second offense.

    3. Pretrial Intervention

    This is very similar to pretrial diversion, except people who do have a criminal record are eligible to apply. It’s a probation period where you’ll have to report to a court on a regular basis. During this time, you’ll be asked to complete drug addiction assessments, evaluations, and even a treatment program.

    4. Submit a Plea

    If you’re seeking to complete your probation with as little consequence as possible, you’ll want to submit a plea. You might find difficulty in doing so as Massachusetts has strict rules regarding drug possession. To better understand your eligibility, it’s important to discuss the matter with your lawyer.

    If all else fails, you can always go to trial. Though you still risk being found guilty, this is the final way for you to resolve your case.

    When to Contact a Lawyer

    You should consider contacting a lawyer immediately upon your arrest. As mentioned, Massachusetts has strict laws regarding drug possession and, without the right defense, you might face serious punishments. Not only does a lawyer have the ability to lessen these punishments but the right lawyer can give you opportunities such as a drug court.

    When looking for a lawyer, you may assume all you need to do is make a quick Google search. Though this will reveal a list of great options, it’s in your best interest to take a closer look at each lawyer’s experience. For example, you’ll want to check out the Massachusetts Bar Association Directory. [5] This directory will provide you with every lawyer who has a license in the state of Massachusetts.

    The importance of a lawyer is the fact that each person’s drug possession case differs. There are factors which can be accounted for in each circumstance. Therefore, a lawyer can pick apart these matters and properly defend you in front of a court of law.

    What if you can’t afford a lawyer?

    As long as you qualify for a public defender, then the state of Massachusetts will provide you with a public defender. You can expect this lawyer to offer legal advice, free of charge, prior to your court date.

    Your Questions

    This article aimed to offer you as much information on drug possession laws in Massachusetts as possible.

    Still have more questions?

    Feel free to ask them in the comments below. If you have more information to share about drug possession laws in Massachusetts, we’d also love to hear from you. We try to get back to everyone in a prompt and personal manner.

    Reference Sources:[1] Massachusetts Legislature: Chapter 94C
    [2] Mass.gov: Understanding the Criminal Court Process
    [3] Boston University: State and Federal Laws and Sanctions Concerning Drugs and Alcohol
    [4] Mass.gov: Drug Courts
    [5] Massachusetts Bar Association Directory
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    View the original article at addictionblog.org