WHEREAS, the National Drug Intelligence Centers 2009 National Drug Threat Assessment reports historic disruptions in the cocaine markets as a result of cumulative law enforcement progress in Colombia, Mexico, along the Southwest Border of the United States, and throughout the transit zone which is composed of the Caribbean Sea, the Gulf of Mexico, and the eastern Pacific Ocean; and

WHEREAS, international counter-drug partnerships, such as those with the Governments of Colombia and Mexico, have led to the successful interdiction of countless drug shipments and the disruption of significant drug trafficking organizations; and

WHEREAS, in the United States, the combined efforts of federal, state, local and tribal law enforcement agencies have yielded significant results in the interdiction of illegal drugs and seizure of drug-related assets; and

WHEREAS, the United Nations Office of Drugs and Crime reported that global production of cocaine declined during 2008, with similarly declining purity, increasing prices and decreased consumption in the United States and Europe; and

WHEREAS, current workforce drug testing data indicates that positive drug tests for cocaine declined by 38 percent from June 2006 to June 2008; and

WHEREAS, the members of the IACP recognize the importance of domestic and international drug law enforcement efforts as part of an overall strategy to reduce drug demand and dependency in the United States; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 116th Annual Conference in Denver, Colorado, recognizes the substantial positive impact that efforts by federal, state, local and tribal law enforcement authorities, along with their international counterparts, have had on the demand for and supply of cocaine within the United States; and be it

FURTHER RESOLVED, that the IACP strongly supports law enforcements continued, vigorous, relentless pursuit of drug trafficking organizations; the further strengthening of domestic and international laws that prohibit the distribution and production of schedule I controlled substances, and the full funding of law enforcement initiatives which are an essential part of a global drug abuse strategy.

Submitted by: Narcotics and Dangerous Drugs Committee

NDD.004.a09

WHEREAS, a dietary supplement is a product intended to provide nutrients that are absent from or lacking in quantity from an individuals diet; and

WHEREAS, dietary supplements are not regulated as drugs, which require the Food and Drug Administrations (FDA) approval that the drugs are safe and effective before they may be marketed in the United States; and

WHEREAS, dietary supplements are marketed as foods which do not have FDA approval that the supplements are safe and effective prior to being marketed in the United States; and

WHEREAS, a dietary supplement may be marketed in the United States without any testing, as long as the supplements label does not market the product as a cure, or capable of mitigating or treating disease; and

WHEREAS, there are products currently being marketed as dietary supplements that have been shown to cause serious health problems and/or worsen existing diseases and disorders; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 116th Annual Conference in Denver, Colorado, strongly supports legislation requiring more stringent regulation of products being marketed as dietary supplements, to include the requirement that FDA pre-approve all such products as being safe and effective prior to their being marketed to consumers within the United States.

Submitted by: Narcotics & Dangerous Drugs Committee

NDD.005.a09

Opposition to Efforts to Label or Classify Marijuana as Medicine Submitted by: Narcotics and Dangerous Drugs Committee NDD.006.a09

WHEREAS, there is an organized and well-funded movement in the United States and other countries to legalize or decriminalize the use of marijuana by marketing marijuana as medicine and by including it in a variety of candy, foodstuffs, and other products in packaging attractive to children; and

WHEREAS, these efforts have fueled a growing misconception that marijuana can be used safely, smoked and ingested, and is a cure-all for everything from headaches to bi-polar disease; and

WHEREAS, the scientific evidence surrounding smoked marijuana has been repeatedly reviewed by international experts and consistently found to have no medicinal use; and

WHEREAS, the Food and Drug Administration (FDA) regulates an existing, well-defined process for determining whether a substance may be labeled a medicine and for ensuring that medicinal products are safe, have an established purity level, and are effective; and

WHEREAS, the FDA has studied the effectiveness of smoked marijuana and determined that it is not suitable for use as a medicine; and

WHEREAS, the National Institute on Drug Abuse has reported that there are a number of studies which have shown an association between chronic marijuana use and increased rates of anxiety, depression, suicidal ideation, and schizophrenia; and

WHEREAS, the National Institute of Health found that a person who smokes 5 joints per week may be taking into their lungs as much tar and cancer-causing chemicals as a person who smokes a pack of cigarettes a day; and WHEREAS, a 2007 Yale School of Medicine Study found that long-term exposure to marijuana smoking is linked to the same health problems as tobacco smoke, such as increased respiratory symptoms; and

WHEREAS, a study conducted by Columbia University found smoking marijuana weakens the immune system and raises the risk of lung infections; and

WHEREAS, the American Medical Association, the American Cancer Society, the American Academy of Pediatrics, do not endorse the use of marijuana for medical purposes; and WHEREAS, the University of Mississippi found that the average THC content of marijuana has risen from 2.83% in 1985 to 9.96% in 2008; and

WHEREAS, on May 8, 2008, the British Government reclassified marijuana as a Class B drug, after observing an increase in crime and various health problems when marijuana was downgraded to a Class C drug; now, therefore, be it RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 116th Annual Conference in Denver, Colorado, opposes any attempt to circumvent the established medical and scientific criteria for determining when a drug has a bona fide medical purpose, and therefore, opposes all laws and initiatives that legalize marijuana on the premise that the substance has medicinal value; and be it

FURTHER RESOLVED, that, in keeping with the long-standing position of the IACP; which has been outlined in A Police Chiefs Guide to the Legalization Issues (1997 and 2001), and affirmed and re-affirmed in numerous IACP resolutions and position papers, the IACP strongly encourages state and local law enforcement agencies to become involved in discussions about the dangers of marijuana use and to support public education efforts to dispel the myths that marijuana has medicinal value and can be smoked and ingested without causing physical harm; and be it

FURTHER RESOLVED, that the IACP strongly urges that all citizens recognize that legalization of marijuana will lead to greater availability and use of marijuana, and an increase of criminal behavior and health risks; and be it

FURTHER RESOLVED, that the IACP strongly urges all citizens to vote against initiatives and actively oppose existing legislation that seeks to legalize or decriminalize marijuana.

Marijuana Dispensaries, a/k/a Cannabis Clubs Submitted by: Narcotics and Dangerous Drugs Committee NDD.007.a09 WHEREAS, in an effort to enhance and better coordinate federal, state and local drug law enforcement efforts, the Drug Enforcement Administration (DEA) was established to be the lead United States federal drug enforcement agency in 1973, and since its creation, the DEA has had primary responsibility for ensuring the laws governing the use of controlled substances are faithfully executed; and WHEREAS, it is the mission of the DEA to enforce all the controlled substance laws and regulations of the United States and to recommend and support non-enforcement programs aimed at reducing the availability of illicit controlled substances in the domestic and international markets; and WHEREAS, the Supreme Court has repeatedly reviewed and upheld the authority and responsibility of the DEA to enforce the Controlled Substances Act (CSA), as it relates to the manufacture, distribution and trafficking of marijuana and possession of marijuana for said purposes, in cases such as: United States v. Moore, 423 U.S. 122 (1975); Gonzalez v. Raich, 545 U.S. 1 (2005); and United States v. Oakland Cannabis Buyers Cooperative (OCBC), 532 U.S. 483 (2001); and WHEREAS, the Supreme Courts decision in OCBC makes clear that the marijuana activities of a California marijuana dispensary (hereinafter referred to as a cannabis club) are illegal, and the Supreme Court rulings indicate unequivocally that the CSAs prohibitions on manufacturing, distributing, and possessing marijuana apply regardless of whether the person engaging in such activity: claims to have a medical necessity;claims to be acting in accordance with state law; or claims to be acting in a wholly intrastate manner; and WHEREAS, cannabis clubs typically operate in violation of state law in addition to the CSA; and WHEREAS, DEAs investigations of cannabis clubs are typically initiated as a result of one or more of the following factors: community complaints to a law enforcement agency; state and local law enforcement and/or city government requests for assistance; and tips generated by collateral drug trafficking/money laundering investigations; and WHEREAS, state and local law enforcement agencies are reporting significant increases in violent crime and property claims at or near dispensaries, including robberies, burglaries, aggravated assaults, and burglary from autos; and WHEREAS, cannabis clubs operators are not pharmacists; they do not have commensurate training and accountability to ensure the safety and purity of the products they illegally distribute; they do not provide accurate education regarding said products; and they do not comply with any regulations in place to protect the health and well-being of the public; now, therefore, be it RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 116th Annual Conference in Denver, Colorado, opposes the establishment of cannabis clubs or any other entities promoting the illegal distribution of marijuana; and be it FURTHER RESOLVED, that the IACP supports the DEAs continued investigation and the United States Department of Justices continued prosecution of marijuana traffickers, marijuana dispensaries operators, marijuana growers, and related organizations operating under the guise of providing medicinal products to those in need.

WHEREAS, the five-year federal mandatory minimum sentencing amount for cocaine base (hereinafter crack is five grams and the corresponding amount for cocaine hydrochloride (hereinafter powder cocaine)is 500 gms;and WHEREAS, the ten-year federal mandatory minimum amount for crack is 50 grams and the corresponding amount for powder cocaine is five kilograms; and

WHEREAS, crack is distributed on the street at the retail level in relatively small amounts that are both inexpensive and potent; and

WHEREAS, the marketing and the violence associated with the marketing of crack as compared to powder cocaine is significantly different; and

WHEREAS, in the fiscal year 2008, statistics from the United States Sentencing Commission show that 25.4 percent of crack cases involved defendants in criminal history category VI compared with 8.5 percent of powder cocaine defendants, while 27.4 percent of crack cases involved a weapon as opposed to 16.8 percent for cocaine cases; and WHEREAS, to ensure effective law enforcement, crack sentences must remain closely related to the amounts of crack that are typically possessed for distribution; and

WHEREAS, federal mandatory penalties provide an unambiguous and useful deterrent to the trafficking of both crack and powder cocaine and provide a useful tool in encouraging drug traffickers to cooperate and potentially testify against the leaders of their organizations; and

WHEREAS, proposals to remove the federal mandatory minimums for crack and powder cocaine, and to otherwise eliminate the disparity for crack and powder cocaine by sentencing crack in the same manner that powder cocaine is currently sentenced, would threaten efforts to investigate and prosecute significant and violent drug offenders that deal crack; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 116th Annual Conference in Denver, Colorado, urges the continuation of mandatory sentences for crack and powder cocaine, and be it

FURTHER RESOLVED, that the IACP urges that any modifications to eliminate the disparity between crack and powder cocaine sentencing be made by significantly adjusting downward the cocaine powder mandatory minimum amount to levels which correspond to the current levels for crack so that the law enforcement community will still be able to deal effectively with the violent crack organizations that plague our communities.

Submitted by: Narcotics and Dangerous Drugs Committee

NDD.008.a09

Use of Stimulus Package Funds to Support Drug Task Forces

Submitted by: Narcotics and Dangerous Drugs Committee

NDD.009.a09

WHEREAS, the United States Economic Stimulus Act of 2008, was enacted on February 13, 2008, providing for the allocation to the states of approximately 3.8 billion dollars for law enforcement related purposes; and

WHEREAS, $2 billion of the stimulus funding has been set aside to fund the Edward Byrne Memorial Justice Assistance Grants which provide help to prevent, fight, and prosecute crime; and

WHEREAS, an additional $40 million has been set aside for programs that provide assistance and equipment to local law enforcement along the Southern border or in High-Intensity Drug Trafficking Areas to combat criminal narcotic activity; and

WHEREAS, federal law enforcement agencies in partnership with local, state, and tribal law enforcement agencies are on the front lines in combating international and domestic drug trafficking organizations; and

WHEREAS, the problems presented by the unprecedented flow of drugs into this country by international criminal syndicates and the continued production and distribution of drugs within the United States continues to be a threat in most areas of the United States; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 116th Annual Conference in Denver, Colorado, strongly urges the continued funding allotted by the Economic Stimulus Act to fully fund state, local and tribal, and multi-jurisdictional drug task forces so that law enforcement may continue to effectively combat the destructive effects of drug crime in our communities.

Adopted at the 119th Annual Conference

San Diego, CA
October 3, 2012

Noting the Link Between Increased Teen Marijuana Use, Increased Driving Death Statistics and Drug Treatment Hospital Admissions
Submitted by: Narcotics and Dangerous Drugs Committee
NDD.011.a12

WHEREAS, according to "The Monitoring the Future Study," conducted by the University of Michigan, marijuana use has been rising steadily among teens over the last three years; in 2009, grades 8, 10, and 12 combined reported that 29 percent of teens had used marijuana. This number rose to 30.4 percent in 2010, and 31.0 percent in 2011; and

WHEREAS, of even greater concern is the increase in the frequency of use by teens. According to "The Monitoring the Future Study," in 2009, grades 8, 10, and 12 combined reported that 13.8 percent of teens had used marijuana once in the past month; however, this number rose to 14.8 percent in 2010, and 15.2 percent in 2011; and

WHEREAS, there is an alarming increase in the number of teens using marijuana every day; for example, according to "The Monitoring the Future Study," among high school seniors, use of marijuana is at a 30-year peak level with 6.6 percent of high school seniors (roughly one in every fifteen high school seniors ) using marijuana on a daily basis; and

WHEREAS, drivers under the influence of marijuana have slower reaction times, impaired judgment, and problems responding to signals and sounds; smoking even a small amount of marijuana can almost double the risk of a fatal highway accident; and

WHEREAS, according to a study conducted by Liberty Mutual Insurance and Students Against Destructive Decisions (SADD), one in five teen drivers, or 19 percent, reported driving under the influence of marijuana, compared to 13 percent of teens who reported driving under the influence of alcohol; similarly, the National Institute of Drug Abuse reports that according to studies conducted in a number of localities, approximately 4 to 14 percent of drivers who sustained injury or death in traffic accidents tested positive for THC, the active ingredient in marijuana; and

WHEREAS, adolescents who smoke marijuana are at enhanced risk for adverse health and psychosocial consequences, including sexually transmitted diseases and pregnancy, early school dropout, delinquency, legal problems, and lowered educational and occupational aspirations; and

WHEREAS, approximately half of the individuals who enter treatment for marijuana use are under the age of 25 years of age; and

WHEREAS, according to the National Court Appointed Special Advocate Association White Paper titled "Non-Medical Marijuana III: Rite of Passage or Russian Roulette," published by the National Center on Addiction and Substance Abuse at Columbia University, from 1992 to 2006, the rates of reported clinical diagnosis of marijuana abuse and dependence for those under age 18 admitted to treatment increased by 492.1 percent, compared with a 53.7 percent decline in rates of clinical diagnoses for all other substances combined; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 119th Annual Conference in San Diego, California, recognizes the alarming increase in marijuana use by teens and its devastating effects and encourages greater awareness about the dangers of marijuana use.

WHEREAS, the International Association of Chiefs of Police ("IACP") recognizes that drug-impaired driving constitutes a significant law enforcement and societal problem; and

WHEREAS, according to the "Drugged Driving Research: A White Paper," prepared for the National Institute on Drug Abuse by the Institute for Behavior and Health, Inc., within the United States, drugs other than alcohol are involved in approximately 18 percent of motor vehicle driver deaths; and

WHEREAS, the 2012 National Drug Control Strategy outlined a policy focus for a 10 percent reduction in drugged driving by 2015; and

WHEREAS, an estimated $59.9 billion in costs are attributable to drugged driving; and

WHEREAS, according to the National Highway Traffic Safety Administration marijuana accounted for 70 percent of illicit drugs used by drivers; and

WHEREAS, studies by the U.S. Department of Transportation and the Dutch Ministry of Transport concluded that the effects of THC, the active ingredient in marijuana, significantly impairs drivers and makes them more likely to fall asleep at the wheel; and

WHEREAS, preventing citizens from operating motor vehicles while under the influence of drugs is critical to public safety; however, there is no consistent method for identifying drug impairment and the presence of drugs in the body; and

WHEREAS, drug-impaired drivers are less frequently detected, prosecuted, or referred to treatment than drunk drivers because few police officers are trained to detect drug impairment and prosecutors lack a clear legal standard under which to prove drugged driving cases; and

WHEREAS, the "Policy Focus: Reducing Drugged Driving" section of the 2012 National Drug Control Strategy recommends five strategies to address this growing problem: 1) encourage states to apply the per se standard used for commercial drivers to drivers impaired by illegal drugs and the impairment standard used for intoxicated drivers to other drug-impaired drivers; 2) collect further data through more consistent use of the Fatality Analysis Reporting System ("FARS") and more frequently conducted National Roadside Surveys; 3) educating communities and professionals—particularly new drivers, drivers on prescription drugs, and medical professionals—about drugged driving risks and legal consequences; 4) implementing the Drug Evaluation and Classification ("DRE") program across jurisdictions so that law enforcement is uniformly trained to detect drugged drivers; and 5) developing standard laboratory screening methodologies and further researching oral fluid testing to determine if it constitutes a reliable and widely-available roadside test; now, therefore, be it

RESOLVED, that the IACP recommends adopting the strategies outlined in the 2012 National Drug Control Strategy to address this significant public safety issue.

Submitted by: Narcotics and Dangerous Drugs Committee
NDD.012.a12

Adopted at the 119th Annual Conference

San Diego, CA
October 3, 2012

Recognizing Significant Contributions of the National Guard Counterdrug Program
Submitted by: Narcotics and Dangerous Drugs Committee
NDD.013.a12

WHEREAS, the International Association of Chiefs of Police (IACP) recognizes the significant contributions made annually by the National Guard Counterdrug Program (NGCP), which adds invaluable expertise to our nation's efforts to detect, interdict, disrupt and curtail the illicit flow of drugs throughout the United States; and

WHEREAS, the NGCP was first authorized by Congress in 1989 and is a cooperative effort, implemented by the governors in all 54 states and territories of the United States; and

WHEREAS, the NGCP provides critical investigative resources to their federal, state, and local law enforcement counterparts to combat the illicit drug trade, at no cost to their counterparts; and

WHEREAS, during fiscal year 2011, the NGCP program was able to support 65,449 law enforcement agency cases with over 700 field analysts; and

WHEREAS, the NGCP's counterdrug aviation program has provided its law enforcement counterparts with over 500,000 flight hours of aerial observation and photo imagery and communications support since 1991. Notably, in fiscal year 2011, NGCP provided 126 aircraft to support counterdrug operations within the continental United States, logging 23,776.25 flight hours; and

WHEREAS, the NGCP provides translation and transcription support services, which process thousands of hours of recorded conversations captured during counternarcotic investigations; in addition, the NGCP provides linguistic skills in nearly 40 different languages; and

WHEREAS, the NGCP operates five training centers within the United States which provide instruction for interdiction and disruption of illicit drug activity; and WHEREAS, the NGCP created the "Stay on Track" program which focuses drug education and demand reduction efforts towards middle school students; as of April 2010, the NGCP had implemented the program in 1000 middle and junior high schools, boys and girls clubs and after-school programs, providing approximately 400,000 students with an awareness of risks relating to the abuse of drugs; and

WHEREAS, in addition to the support provided directly to state and local law enforcement entities, the NGCP provides expertise and support to our federal counterparts, in air defense, air security planning, radar surveillance, communications, intelligence analysis, as well as interdiction, which further strengthens counterdrug efforts within the United States and abroad; and

WHEREAS, despite its essential role in drug detection, interdiction, disruption, and curtailment, the NGCP's budget may be substantially decreased, with a proposed appropriation for fiscal year 2013 that is almost 50 percent less than that appropriated in fiscal year 2012; and

WHEREAS, a drastic reduction in NGCP funding will have devastating effects on the efficiency and effectiveness of the nation's combined counterdrug efforts, particularly on state law enforcement entities that rely heavily upon NGCP's expertise and resources; now, therefore, be it

RESOLVED, that the IACP, duly assembled at its 119th Annual Conference in San Diego, California, urges Congress to appropriate sufficient funds to continue to fund fully the National Guard Counterdrug Program.

WHEREAS, marijuana remains the most widely used illicit substance in the United States and Europe; and

WHEREAS, the U.S. Forest Service noted that, as of December 2011, marijuana cultivation sites in 67 national forests within 20 states had caused "severe" environmental damage, through growers terracing the land, causing erosion, and using liberal doses of chemicals, some of which are banned in the United States, contaminating ground water, polluting watersheds, killing fish and other wildlife, and eventually entering residential water sources, resulting in extensive and long-term damage to ecosystems; and

WHEREAS, a typical marijuana grow site operation in national forests is between 10 to 20 acres, costing the U.S. Forest Service approximately $15,000 per acre to clean up, re-establish streams and restore the land to its natural state; in California alone, as of December 2011, the U.S. Forest Service completed cleanup and restoration of 335 illegal marijuana grow sites that resulted in the removal of more than 130 tons of trash, 300 pounds of pesticides, five tons of fertilizer, and nearly 260 miles of irrigation piping; and

WHEREAS, according to the Office of National Drug Control Policy, marijuana grow sites are typically in excess of 1,000 plants per site and sometimes contain as many as 200,000 plants, with plants up to 12-15 feet high, often weighing over 150 pounds; and

WHEREAS, growers resort to violence against civilians and law enforcement officers to protect the sites, employing booby traps to deter law enforcement, including: rigging points of entry to cause electrical shock to anyone entering the grow area; setting up noxious compounds for release upon anyone's entry; strategically placing jars of nitric acid to spill on intruders; and rigging planks of wood and metal parts to detonate shotguns; and

WHEREAS, civilians residing near these grow operations have reported the presence of armed guards in watchtowers with confrontations between marijuana growers and legitimate farmers, and have observed dozens of individuals living in huts within the marijuana grows; and

WHEREAS, weapons are frequently found at outdoor marijuana cultivation sites and the presence of armed guards at marijuana grow sites has increased confrontations, including shootings between drug trafficking organizations, law enforcement and civilians; and

WHEREAS, in 2010, law enforcement authorities in California and Oregon reported at least 11 incidents of armed confrontations or officer-involved shootings with seven of these incidents resulting in the deaths of individuals who either aimed or fired their weapons at law enforcement officers; and

WHEREAS, violence continues to increase at marijuana grow sites. For example, in 2011, 12 homicides were related to marijuana cultivation in California, with six of those occurring on public lands and six related to the growing of marijuana under the pretext of supplying medicinal users; and

WHEREAS, according to the U.S. Attorney's Office for the Eastern District of California, there has been a corresponding increase in armed robberies, home invasions and violence in and near these grow sites, adversely impacting neighboring communities; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police, duly assembled at its 119th Annual Conference in San Diego, California, strongly condemns the increased violence against law enforcement officers and civilians and the severe environmental damage at marijuana grow sites; and, be it

FURTHER RESOLVED, that this information be used to increase public awareness concerning violence and environmental damage surrounding marijuana grow sites and to demonstrate the need for additional resources so that law enforcement officers may better protect themselves and the communities which they serve.

Submitted by: Narcotics and Dangerous Drugs Committee

NDD.014.a12

Adopted at the 119th Annual Conference

San Diego, CA
October 3, 2012

Recognition of the U.S. Attorney Community for Employing Asset Forfeiture Remedies as Part of a Coordinated Enforcement Effort Against Medical Marijuana Distribution
Submitted by: Narcotics and Dangerous Drugs Committee
NDD.015.a12

WHEREAS, the Department of Justice Asset Forfeiture Program encompasses the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate federal crimes; and

WHEREAS, asset forfeiture powers enhance public safety and security by removing the proceeds of crime and other assets relied upon by criminals and their associates to perpetuate their criminal activity against our society; and

WHEREAS, asset forfeiture has the power to disrupt or dismantle criminal organizations that would continue to function even after specific individuals are convicted and incarcerated; and

WHEREAS, marijuana use is associated with dependence, respiratory and mental illness, poor motor performance, and impaired cognitive and immune system functioning, among other negative effects; and

WHEREAS, marijuana is classified as a Schedule I Controlled Substance pursuant to the Controlled Substances Act of 1970, which prohibits the manufacturing, distribution or dispensing, or the possession with intent to manufacture, distribute, or dispense, a controlled substance, making such acts a federal crime, regardless of state laws that permit such activities; and

WHEREAS, the Department of Justice is committed to the enforcement of the Controlled Substances Act in all States; and

WHEREAS, the U.S. Attorney community recognizes the importance of partnerships and coordination to employ asset forfeiture tactics to seize the proceeds of individuals and organizations involved in the manufacturing, distribution or dispensing of medical marijuana, a violation of the Controlled Substances Act; and

WHEREAS, several of the U.S. Attorneys have taken the initiative to send letters to property owners, landlords, and marijuana dispensary operators warning that those who knowingly facilitate the actions of marijuana traffickers are subject to asset forfeiture as well as potential criminal prosecution and civil penalties; and

WHEREAS, for example, the U.S. Attorney for the Central District of California, Andre Birotte, Jr., filed asset forfeiture lawsuits against properties housing marijuana operations in Santa Barbara County, executed search warrants, and sent warning letters to individuals associated with illegal marijuana stores; and

WHEREAS, for example, the U.S. Attorney for the Eastern District of California, Benjamin B. Wagner, filed civil forfeiture complaints targeting properties that housed retail marijuana stores, and sent notice letters to owners of properties in several counties where marijuana is being cultivated and sold; and

WHEREAS, for example, the U.S. Attorney for the Northern District of California, Melinda Haag, citing the need to address the proliferation of illegal marijuana businesses in the State of California, filed asset forfeiture actions against two properties housing one of the largest marijuana dispensary operations in the United States; and

WHEREAS, for example, the U.S. Attorney for the Southern District of California, Laura Duffy, sent letters to several marijuana dispensaries, warning that they must shut down or face possible prosecution and forfeiture of their properties; and

WHEREAS, for example, the U.S. Attorney for the District of Colorado, John F. Walsh, sent warning letters to every marijuana dispensary operating within 1,000 feet of a school, advising them to cease operations or to face enforcement action, including but not limited to civil asset forfeiture of the properties involved; and

WHEREAS, for example, then-U.S. Attorney for the District of Oregon, Dwight C. Holton, sent notice to owners, operators, and landlords of Oregon marijuana dispensaries advising them of the illegality of the sale of marijuana pursuant to the Controlled Substances Act and the potential for criminal and civil actions including civil forfeiture; and

WHEREAS, for example, the U.S. Attorney for the District of Rhode Island, Peter F. Neronha, sent a letter to the Governor of the State of Rhode Island, advising that large-scale marijuana cultivation and distribution is contrary to federal law and that individuals and entities who set up marijuana growing facilities and dispensaries could face injunctive actions to prevent cultivation and distribution of marijuana through civil fines, criminal prosecution, seizure of the controlled substances, and seizure and forfeiture of any personal and real property used to facilitate the production and distribution of controlled substances; and

WHEREAS, for example, the U.S. Attorneys for the Districts of Washington, Jenny A. Durkan and Michael C. Ormsby sent a joint letter to the Governor of Washington advising that conduct that undermines the federal government's efforts to regulate the possession, manufacturing, and trafficking of controlled substances could be subject to the forfeiture of any property used to facilitate a violation of the Controlled Substances Act as well as civil and criminal legal remedies; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 119th Annual Conference in San Diego, California, commends the U.S. Attorney community for their leadership, partnership and coordination to employ asset forfeiture remedies to address the use of property for the unlawful possession, manufacturing and trafficking of medical marijuana.

Adopted at the 119th Annual Conference

San Diego, CA
October 3, 2012

Supporting a Legislative Model Requiring a Prescription for Pseudoephedrine
Submitted by: Narcotics and Dangerous Drugs Committee
NDD.016.a12

WHEREAS, the International Association of Chiefs of Police (IACP) recognizes that methamphetamine is a highly abused drug and a significant law enforcement and societal problem; and

WHEREAS, pseudoephedrine is a precursor chemical used in the illicit production of amphetamine and methamphetamine; and

WHEREAS, the Combat Methamphetamine Epidemic Act (CMEA) was enacted in 2006 to stem availability of precursor chemicals; and

WHEREAS, the CMEA regulates, among other things, retail over-the-counter sales of pseudoephedrine by; limiting daily sales, imposing 30-day purchase limits, and isolating the product from direct customer access; and

WHEREAS, although the CMEA was initially successful in reducing the availability of pseudoephedrine, traffickers adopted the technique of "smurfing" to circumvent its requirements. Smurfing is the practice of using fake forms of identification to purchase several small quantities of pseudoephedrine at multiple retail establishments to avoid CMEA limitations; and

WHEREAS, there are indications that states relying solely on the National Precursor Log Exchange or similar pseudoephedrine sales reporting systems, have more methamphetamine laboratories, higher societal costs, increased "smurfing," higher crime rates, and provide Mexican drug cartels—which produce 90 percent of methamphetamine consumed in the U.S. —with "smurfed" pseudoephedrine; and

WHEREAS, several states have enacted legislation requiring prescriptions for all products containing pseudoephedrine, restricting access to pseudoephedrine for those trying to circumvent the CMEA; and

WHEREAS, this legislation successfully limits the availability of pseudoephedrine and results in fewer methamphetamine labs, societal costs, and crime rates; and

WHEREAS, requiring a prescription for all products containing pseudoephedrine would control the availability of this essential ingredient needed to produce amphetamine and methamphetamine; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 119th Annual Conference in San Diego, California, recommends that the availability of all compounds, mixtures, or preparations which contain a detectable amount of pseudoephedrine or its salts or optical isomers, be limited by requiring a prescription from a licensed physician or licensed health care professional authorized to prescribe medications.